Terms of Service

1. General

In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.This document is published in accordance with the provisions of Information Technology regulations that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of:

• The IOS/ Android application Bric(hereinafter referred to as “Application”or “App” ), owned by REDMONK Tech Solutions Pvt. Ltd. and shall include the permitted legal heirs, representatives, administrators, successors and assigns;

• For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Application by installing the Application. The Application also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship. The term “We”, “Us”, “Our” shall mean Bric. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

• By using the App, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Application, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

• Your use of Our Application is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Application by You is governed by this policy and any policy so mentioned by terms of reference.

• If you do not agree with any of these terms, please discontinue using the Application. We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Application or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Application is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.

2. Online / Mobile Application Platform

Bric is a mobile app that digitizes business cards and lets you store and exchange business cards from a mobile phone .The Application scans physical business cards through the device camera of a mobile phone and converts image into readable text / data and stores it in a digital form. This data along with the digitized copy of the business card can be used by users to call, sms, email and exchange business cards. Bric provides the originality and visual appeal of a physical card and at the same time delivers all the utility derived from a business card over a touch, tap or swipe on the phone.Each time your contact gets promoted, changes location or jobs, you automatically get the updated contact information along with the new business card

3. Membership

To fully avail the services of the Application and use it, registration is required. In order to use the services of this Application, You are required to register Yourself by providing the following information which inter alia includes Name, User Name, Password, Email ID, Mobile Number, Business Card, Etc., Membership of this website is available only to those above the age of 13 years. barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Application, You may do so through Your legal guardian and REDMONK Tech Solutions Pvt. Ltd. reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing any of its services. Further, at any time during Your use of this Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.

The user, at his own discretion, downloads the app and scans the business cards of his contacts. The saved images of the cards may or may not appear in their original form and the contents of the card may or may not be read accurately. Bric does not represent that the images or other information on the card is accurate or clear and shall not be responsible for any errors. Further, Bric is only a platform to enable users to exchange business information and such details may get transmitted and exchanged across other users solely under the discretion of user and Bric shall not be responsible for any errors in transmission. By saving any data on the Bric platform, the user authorises Bric to use such data in whatever form deemed appropriate at the discretion of Bric.

4. Communications

By using this Application, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from Us at any time we deem fit. We shall reach out to communicate with you and enhance your experience while using the application. We shall also inform you about the new products and services released by us. Such communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Application which are subject to our Privacy Policy. These communications include, but are not limited to contacting you through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls.You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made. In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations. The sharing of the information provided by You shall be governed by our Privacy Policy.

5. Charges

The downloading and installing of the free version of the Application is free of cost. But certain premium services may only be available for a fee, which is paid through App store or Play store & governed by their terms of service and privarcy policy state off.

6. Taxes

The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Application, including but not limited to downloading and installation of the Application by the User.

7. User’s Obligations

The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.

• You hereby certify that you are at least 13 years of age.

• You hereby agree to provide genuine credentials during the process of registration for the Application. You shall not use a fictitious indentity to register.

• You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.

• You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation to, any usage rules set forth in this Agreement.

• You undertake not to:
Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Application. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Application is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;

• access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface that is provided by the Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application is prohibited. You acknowledge and agree that by accessing or using the Application or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application. Further, You may report such offensive content;

• use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s services; (ii) any other party’s use and enjoyment of company’s services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);

• use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;

• abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

• engage in any activity that interferes with or disrupts access to the Application or the Services (or the servers and networks which are connected to the Application);

• upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application or another’s mobile phone, systems, devises and software solutions that are extentions of the Application;

• download any file posted in the Application that you know, or reasonably should know, cannot be legally distributed in such manner;

• probe, scan or test the vulnerability of the Application or any network, devises and software solutions to the Application, nor breach the security or authentication measures on the Application or any network, devises and software solutions connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Application, or exploit the Application or Service or information made available or offered by or through the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Application;

• disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, servers, software solutions or networks connected to or accessible through the Application or any affiliated or linked applications;

• use the Application or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Application or other Third Parties;

• violate any applicable laws or regulations for the time being in force within or outside your home country;

• violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

• threaten the unity, integrity, defence, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

• disseminate information through the Application that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force in or outside your home country.

8. Updates

From time to time, the Application may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).

9. Actions Undertaken by the Application on your Device

Upon download and installation of the Application, You grant the following permissions to Bric to perform the following actions on the device You have installed the Application in.

• To read from, write on, modify and delete data pertaining to the Application on the device’s hard disk and/or external storage;

• To access information about networks, access networks including wi-fi networks, receive and send data through the network;

• To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;

• To determine Your exact location from sources such as, but not limited to GPS;

• To access the model number, IMEI number and details about the operating system of the device the Application has been installed on, as well as the phone number of the device;

• To retrieve information about other application running on the device the Application has been installed on and open them;

• To detect when the phone had been switched off and switched on for the purpose of sending notification/ push notifications;

10. Intellectual Property Rights

• All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Application, and solely for your personal, non-commercial use.

• You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application, not to insert any code or product or manipulate the content of the Application in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.

11. Intellectual Property Complaints

• We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Application, please contact Us by sending us an email at info@bricapp.com.

• By providing information to, communicating with, and/or placing material on, the Application, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:

(1) You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;

(2) all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,

(3) the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Application that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).

For all such information and material and business cards uploaded by you, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Applications, to include the information in a searchable format accessible by users of the Application and other affiliated Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

12. Geographical Extent

• The Application can be used in all countries worldwide. We make no representation that materials or Content available through our Application is appropriate or available for use outside any of these countries.

• If You access or use the Application from a country or location apart from those specified above, You are solely responsible for compliance with necessary laws and regulations for use of the Application.

13. Amendment

• We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Application. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.

• Bric has no obligation to provide You with a copy of the information You or any other User provides on the Application or that the Application has accessed.

• Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Application.

You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Application to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Application. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.

14. Indemnifiction

You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made Us in connection with any claim arising from or related to:

• Your use or any Third Party’s use via Your account of the Service provided by the Application and its Content;

• Your disclosure of information to any Third Party, either through the Application or otherwise. (Please refer to our Privacy Policy for more details in this regard);

• Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.

You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.

15. Disputes Arising Out Of This Agreement

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

15.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.

15.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Bangalore, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Bangalore, State of Karnataka, India and You hereby submit to the personal jurisdiction of such courts.

16. Privacy

We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You provide on the Application are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Application. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

17. Notices

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or info@bricapp.com

18. Miscellaneous Provisions

• Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.

• Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

• Liability: The Mobile App and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website/ Mobile App.

• Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.