Briskkart

Terms & Conditions

Briskkart Terms of Use

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.briskkart.com][www.briskkart.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

The Platform is owned by Gahano Tech Mart Private Limited a company incorporated under the Companies Act, 2013 with its registered office at 677 1st Floor, Suite # 1193, 27th Main,
13th cross, HSR Layout, Bangalore South, Bangalore - 560102, Karnataka, India.

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Gahano Tech Mart Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Briskkart.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Briskkart allows the User to surf the Platform or making purchases without registering on the Platform. The term "We", "Us", "Our" shall mean Gahano Tech Mart Private Limited.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Briskkart Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Briskkart Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Briskkart reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Briskkart's notice or if it is discovered that you are under the age of 18 years and transacting on the Platform.

Your Account and Registration Obligations

If you use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

You agree that Briskkart shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefore.

Communications

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Briskkart is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

Henceforward:

All commercial/contractual terms are offered by and agreed to between Buyers and Briskkart alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. All discounts, offers (including exchange offers) are by the Briskkart.
Placement of order by a Buyer with Briskkart on the Platform is an offer to buy the product(s) in the order by the Buyer to the Briskkart . The Briskkart retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Briskkart, shall be refunded to the Buyer. Further, the Briskkart may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Briskkart and may vary from individual to individual.
Briskkart does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold and purchased on the Platform. Briskkart does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Briskkart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Briskkart is responsible for any non-performance or breach of any contract entered into between Buyers and Briskkart . Briskkart guarantee that the concerned Buyers and/or Briskkart will perform any transaction concluded on the Platform.
Briskkart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
The Platform is only a platform that can be utilized by Users to reach a larger base to buy products or services. Briskkart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Briskkart and the Buyer.

At no time shall Briskkart hold any right, title or interest over the products nor shall Briskkart have any obligations or liabilities in respect of such contract.

Briskkart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Select products offered by Briskkart may be eligible for business purchases on the Platform.

Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You ("Tax Invoice") shall be issued to You by the Briskkart selling such products.
- GST invoice will have, inter alia, the following details printed on it: -GSTIN associated with your registered business, as provided by you
- Entity name of your registered business, as provided by you
- Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Briskkart. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.
- Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.
- For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.
- The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.
- If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
- Briskkart is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
- Briskkart shall not entertain any request for any revision in the GST Invoice. Briskkart shall not be liable for Your default including for reasons associated with details provided by You.
- Briskkart will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
- You shall be solely liable for all compliances required under applicable laws.
- You agree to indemnify and hold Briskkart harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
- Briskkart has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.
- Briskkart reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Briskkart that You transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by Briskkart may be incorrectly reflected and in such an event Briskkart may cancel such your order(s).

You release and indemnify Briskkart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Briskkart cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

Briskkart may charge a nominal fee for browsing and buying on the Platform. Briskkart reserves the right to change its Fee Policy from time to time. In particular, Briskkart may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, Briskkart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. Briskkart shall be solely responsible for compliance of all applicable laws including those in India for making payments to Gahano Tech Mart Private Limited

Use of the Platform

Briskkart agree, undertake and confirm that Briskkart’s use of Platform shall be strictly governed by the following binding principles:

Briskkart shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which Briskkart does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) Contains video, photographs, or images of another person (with a minor or an adult).

(n) Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, Briskkart's prior written consent means a communication coming from Briskkart's Legal Department, specifically in response to the activity or conduct ;

(p) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) Interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;

(r) Refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) Harm minors in any way;

(t) Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(u) violates any law for the time being in force;

(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) Impersonate another person;

(x) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) Threatens the unity, integrity, defence, security or sovereignty of India, 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.

(z) Shall not be false, inaccurate or misleading;

(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") ;

Shall not use any "deep-link", "page-scrape", "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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.
Shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
Shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform, may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by Briskkart , to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
Shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Briskkart , or otherwise engage in any conduct or action that might tarnish the image or reputation, of Briskkart on platform or otherwise tarnish or dilute any Briskkart's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us, any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Briskkart's systems or networks, or any systems or networks connected to Briskkart.
Agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
Not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
May not use the Platform or any 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 Briskkart and / or others.
Shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, Briskkart shall be responsible for providing information relating to the products or services proposed to be sold by Briskkart . In this connection, Briskkart undertake that all such information shall be accurate in all respects. Briskkart shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
Shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us, may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. Understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, disclose any information to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Briskkart shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Briskkart views. In no event shall Briskkart assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
Briskkart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
If you choose to browse or transact on the Platform using the voice command-based shopping
feature, you acknowledge that Briskkart will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve Briskkart’s products and services. Briskkart’s use of your voice data will be in accordance with the Briskkart Privacy Policy. feature may not be accessible on certain devices and requires an internet connection. Briskkart reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Briskkart has no control over such third party user generated content as Briskkart is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Briskkart's express prior written consent.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.Our current Privacy Policy is available at Privacy. Our current Privacy Policy is available at Privacy. f You object to Your Information being transferred or used in this way please do not use Platform. If You object to Your Information being transferred or used in this way please do not use Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Disclaimer of Warranties and Liability

This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Briskkart does not warrant that:

This Platform will be constantly available, or available at all; or

The information on this Platform is complete, true, accurate or non-misleading.

Briskkart will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Briskkart does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws.

You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.

Selling

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, Briskkart agree to refund any amounts that Briskkart may have received from the Buyer.

Services

Payment Facility for Buyers:

You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Briskkart to purchase the products and /or services from the Briskkart using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Briskkart using Payment Facility.
You, as a Buyer, may agree with the Briskkart through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate Briskkart Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
Refund shall be conditional and shall be with recourse available to Briskkart in case of any misuse by Buyer.
We may also request you for additional documents for verification.
Refund shall be subject to Buyer complying with Policies.
Briskkart reserves the right to impose limits on the number of Transactions or Transaction Price which Briskkart may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Briskkart reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Briskkart or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Briskkart may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Briskkart. As a result of such check if Briskkart is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Briskkart shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Briskkart.
Briskkart may delay notifying the payment confirmation i.e. informing Briskkart to Dispatch, if Briskkart deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Briskkart may hold Transaction Price and Briskkart may not inform Briskkart to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer acknowledge that Briskkart will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Briskkart.

Compliance with Laws:

As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Briskkart Platform.

Buyer's arrangement with Issuing Bank:

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Briskkart's Replacement Guarantee*

Briskkart's Replacement Guarantee seeks to assist Buyers on the Platform. The return policy period (Briskkart's Replacement Guarantee) depends on the product category. Kindly click here to know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the Briskkart subject to the following terms and conditions

Notify Briskkart of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the Briskkart.

Following products shall not be eligible for return or replacement:

a. Damages due to misuse of product;

b. Incidental damage due to malfunctioning of product;

c. Any consumable item which has been used/installed;

d. Products with tampered or missing serial/UPC numbers;

e. Digital products/services

f. Any damage/defect which are not covered under the manufacturer's warranty

g. Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;

h. Jewellery which is 'made to order' on customer's request

On Clothing and Footwear, qualified Briskkart accept 30 day exchange subject to the following conditions:

Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.

Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.

Returns are not applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing freebies, etc.

Damaged or defective or 'Not as described' products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement Guarantee. Kindly click here to know the return policy period (Replacement Guarantee) applicable for different categories.

If Briskkart has any suspicion or knowledge that any of its buyers are involved in any activity that is intended to provide claims or information that is false or not genuine, Briskkart may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Briskkart will not be allowed to return their products.

Briskkart reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Briskkart may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Indemnity

You shall indemnify and hold harmless Briskkart, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Briskkart make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Briskkart is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site is controlled and operated by Briskkart . All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Briskkart respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Briskkart at Info@briskkart.com.

Product Description

Briskkart we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL BRISKKART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform through the email info@briskkart.com.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Mr. G. Nagarjuna

Designation: Managing Director

Gahano Tech Mart Private Limited

677 1st Floor, Suite # 1193, 27th Main,

13th cross, HSR Layout, Bangalore South,

Bangalore - 560102, Karnataka, India

Email :

Time: Mon - Sat (9:00 - 18:00)

Customer Support: You can reach our customer support team to address any of your queries or complaints by sending email to info@briskkart.com.

POLICIES

Profanity Policy

Briskkart prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on Briskkart pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Briskkart to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

Report offensive Display Names
Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

Briskkart will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:

Limits placed on account privileges;
Loss of special status;
Account suspension.

Briskkart shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Briskkart is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Briskkart shall have the right to delete the customer review. Briskkart shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

Replacement Guarantee*

The Replacement Guarantee seeks to assist Buyers who have been defrauded on the Platform. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the Briskkart.

Briskkart reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Briskkart may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Returns Policy

Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Briskkart on the Briskkart Platform. Following situations may arise:

Item was defective
Item was damaged during the Shipping
Products was / were missing
Wrong item was sent by the Briskkart.

Return could also result in refund of money in most of the cases.

Points to be noted:

Briskkart can always accept the return irrespective of the policy.
If Briskkart disagrees a return request, Buyer can file a dispute under the Buyer Protection Program*.

We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

Buyer needs to raise the return request within the return period applicable to the respective product.Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Briskkart while closing the return ticket can select one of the following:

Replace after shipment collection - Briskkart has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)
Refund after shipment collection - Briskkart has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)
Refund without shipment collection - Briskkart has agreed to refund the buyer without expecting the original shipment back)
Replace without shipment collection - Briskkart has agreed to replace the order without expecting the original shipment back)
On certain select days as specified by Briskkart (such as 'The Big Billion Day') separate policies may be applicable.

In the event the Briskkart accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

In case the Briskkart doesn't close the ticket in 3 days from the date of intimation to the Briskkart about the refund request, the refund request shall be settled in favor of the Buyer.

Further for returns being made by Buyer to the Briskkart of the product, the following parameters needs to be ensured by the Buyer:

Category	Condition
Electronics	Should be included
Clothing and Footwear	Should be "New & Unworn" (other than for trial)
Beauty, Health & Personal Care	Should be "New & Unopened"
Sports & Equipment	Should be "New" and returned with original packaging
Office Products	Should be "New" and returned with original packaging
Jewellery	Should be "New" and returned with original packaging

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Briskkart.

Shipping cost for returning the product shall be borne and incurred by the Briskkart.

Replacement

Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

Points to be noted:

Briskkart can always accept the return irrespective of the policy.
If Briskkart disagrees for a return request, Buyer can file a dispute under Buyer Protection Program*.

Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on the Toll Free Number provided on the Platform. Once the replacement request has been raised, the following steps shall be followed:

Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:
Shipping was damaged
Item was defective
Item Dead on Arrival
Item(s) were missing
Wrong item sent
An intimation shall be provided to Briskkart seeking either "approval" or "rejection" of the replacement request.
In case the Briskkart accepts the replacement request, Buyer shall be required to return the product to the Briskkart and only after return of the product, Briskkart shall be obliged to provide the replacement product to the Buyer.
Incase Briskkart rejects the replacement request, Buyer can choose to raise a dispute by contacting us through the email info@briskkart.com.

In case the Briskkart doesn't have the product at all, Briskkart can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

If the Briskkart doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Briskkart shall be liable to refund amount paid to the Briskkart.

All shipping and other replacement charges shall be borne and incurred by the Briskkart.

Disputes (Resolutions) Policy

Overview

Generally, transactions are conducted smoothly on Briskkart. However there may be some cases where both the Buyers and Briskkart may face issues. At Briskkart, we have a Dispute Resolution process in order to resolve disputes between Buyers and Briskkart.

What is a 'dispute'?

A 'Dispute' can be defined as a disagreement between a Buyer and a Briskkart in connection with a transaction on the Platform.

How does a 'dispute' occur in the Ecommerce?

Disputes are filed as a result of a disagreement between the Buyer and the Briskkart. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer/Briskkart raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Briskkart's payment for that order is put on hold immediately until the issue is resolved.

How is a 'dispute' created?

Whenever there is a disagreement, the Buyer can contact us through the email info@briskkart.com, while the Briskkart can write to Info@briskkart.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of 'disputes'?

Following are the indicative examples of potential disputes:

Wrong item received
Item Not as described
Damaged or Seal broken on Product
Part/Accessory missing
Item not Compatible
Briskkart Description/Specification Wrong
Defective (Functional issues)
Product not working and Manufacturer claims invalid Invoice

In case the Briskkart rejects the return request of the Buyer, and Buyer raises a dispute, then Briskkart will try to mediate and resolve the dispute . If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Briskkart. If the dispute is settled in favour of the Briskkart, Buyer is entitled to any refund.

Buyer Protection Program

In case of a dispute where the Briskkart is unable to provide a refund or a replacement, Briskkart will actively work towards reaching a resolution.

The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Briskkart or are not satisfied the resolution provided by the Briskkart.

The buyer can contact us through this email info@briskkart.com if the issue with the Briskkart is not resolved. Briskkart's Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Platform. Only after verifying these facts, a dispute can be registered.

CS team will not facilitate a conference call, CS team acts as the bridge between customer and Briskkart.

When a dispute has been raised, Briskkart may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Briskkart are subject to final consent from Briskkart for settling the dispute.

Buyer Eligibility and Restrictions

Only the Buyers who have purchased the product on Briskkart are eligible for the Buyer Protection Program.

Buyers can file a dispute within 45 days from the date of delivery of the product

Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.

To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Briskkart and attempt to resolve the issue. If the Buyer doesn't hear from the Briskkart or is unable to resolve the issue with the Briskkart even after contact, a dispute can be raised with Briskkart by contacting us through the email info@briskkart.com.

Fraudulent charges and claims are not covered under Buyer Protection Program

If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Briskkart can file a claim through the Briskkart Protection Program.

Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.

Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on Briskkart. If the claim was withdrawn, it is not counted. The coverage amount will be limited to â‚¹50,000

Through the Buyer Protection program, Briskkart does not provide any guarantee/warranty to Buyers for products sold on Briskkart against technical/manufacturing defects.

Raising disputes against Briskkart does not automatically entitle the Buyer to a refund or replacement for the product purchased. Briskkart shall verify the disputes so raised and may process only such claims that are valid and genuine.

Briskkart shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Briskkart.

Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.

Briskkart reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Briskkart may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.

Decisions made by Briskkart under the Buyer Protection Program shall be final and binding on its Users.

Briskkart reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.

Through this program, Briskkart shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Briskkart.

Briskkart Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Briskkart.

Disputes via Chargeback

Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies
Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.

Briskkart expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Briskkart. Furthermore, Briskkart shall ensure that invoices state "Powered by Briskkart" and failing to do so Briskkart will be liable for chargebacks (as applicable).

Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by Briskkart. Briskkart encourages its Users to be professional, courteous and respectful when communicating by email.

However, Briskkart will investigate and can take action on certain types of unwanted emails that violate Briskkart policies.

Such instances:

Threats of Bodily Harm - Briskkart does not permit Users to send explicit threats of bodily harm.

Misuse of Briskkart System - Briskkart allows Users to facilitate transactions through the Briskkart system, but will investigate any misuse of this service.

Spoof (Fake) email - Briskkart will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.

Spam (Unsolicited Commercial email) - Briskkart's spam policy applies only to unsolicited commercial messages sent by Briskkart Users. Briskkart Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of Briskkart - Briskkart prohibits email offers to buy or sell listed products outside of the Briskkart Platform. Offers of this nature are a potential fraud risk for both Buyers and Briskkart.

Briskkart policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:

Limits on account privileges
Account suspension
Cancellation of listings
Loss of special status

Other Businesses

Briskkart does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, Briskkart assumes no responsibility for examining or evaluating the products and services offered by them. Briskkart do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). Briskkart does not endorse, in any way, any third party Platform(s) or content thereof.

Briskkart Infringement Verification (FIV) - Reporting Listing Violations

Briskkart has put in place Briskkart Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Briskkart's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Briskkart trust.

If you are a Verified Rights Owner and want to report a listing issue, see Briskkart's FIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through FIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
If your listing was removed through FIV, and you believe that your listing was removed in error, please contact us.

Briskkart does not and cannot verify that Briskkart have the right or ability to sell or distribute their listed products. However, Briskkart is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Briskkart.

FIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. FIV participants have the ability to identify and request removal of allegedly infringing products and materials.

Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Briskkart is encouraged to become a FIV member.

Program membership entitles you (Verified Rights Owner) to the following benefits:

Rapid response by Briskkart in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
Dedicated priority email queues for reporting alleged infringements
The ability to obtain identifying information about Briskkart's users'

How to Become a FIV Member

To join the FIV, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Briskkart to easily identify the material or listing to be ended.

In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at Info@briskkart.com.

Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.

We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.

Notice of Infringement

Gahano Tech Mart Private Limited

_______________________

I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:

I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
I may be contacted at:

Name ___________________________________________________________

Title & Company ________________________________________________________

Address _________________________________________________________

Email (correspondence) ___________________________________________________

Telephone/Fax _____________________________________________________________

Date _________________________________________________________________

and I make this declaration conscientiously believing it to be true and correct.

Declared by ______________________________

on [date] ___________________________________ in [place]________

Truthfully,

Signature

Addendum to Notice of Infringement:

List of Allegedly Infringing Listings, Products, or Materials

A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Briskkart will inform Briskkart of the specific reason for the removal of their products.

Select the most appropriate reason. Please associate each item you report with only one reason code.

Trademark-infringement

Trademark owner doesn't make this type of product or has discontinued the production of the product
Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

Listing(s) has unlawful comparison to trademark owner's brand or product
Listing(s) contains unlawful use of trademark owner's logo

Software is being offered without any license or in violation of a license
Item(s) is a bootleg recording;
Item(s) is an unlawful copy (software, games, movies, etc.);
Item(s) is unlawful duplication of printed material
Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Listing(s) comprises unauthorized copy of copyrighted text
Listing(s) comprises unauthorized copy of copyrighted image
Listing(s) comprises unauthorized copy of copyrighted image and text

Reason Code: _____________________________________________________________

Work(s)

infringed: _________________________________________________________

Item Number(s): ___________________________________________________________

Note:

Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to Info@briskkart.com.

Contacting the Briskkart

At Briskkart we are committed towards ensuring that disputes between Briskkart and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the Briskkart, he/ she may proceed to do so by accessing the Briskkart related information made available by the Briskkart on their product listing pages.

TERMS AND CONDITIONS FOR BRISKKART DELIVERY SERVICES :-

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.BRISKKART.com website and BRISKKART application for mobile and handheld devices.

Terms of Use

These terms of use (the "Terms of Use") govern your use of our website www.BRISKKART.com (the "Website") and our "BRISKKART" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with BRISKKART and you signify your acceptance to this Terms of Use and other BRISKKART policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

The Platform is owned and operated by Gahano Tech Mart Private Limited, a private limited company incorporated under the Companies Act, 2013. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "BRISKKART", "we", "us" or "our" shall mean Gahano Tech Mart Private Limited.

BRISKKART enables transactions on its Platform between participating restaurants/Briskkart and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various Briskkart including but not limited to the restaurants, eateries and grocery stores ("Briskkart/s"), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”).

BRISKKART enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Briskkart). The Platform Services and Delivery Services are collectively referred to as "Services". PDPs are individual entrepreneurs engaged with BRISKKART on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. PDPs are independent contractors and are free to determine their timings of work. BRISKKART does not exercise control on the PDPs and the relationship between the PDPs and BRISKKART is not that of an agent and principal or employee and employer.

For the pickup and delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Briskkart), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

Amendments

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other BRISKKART policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other BRISKKART policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and other BRISKKART policies. As long as you comply with these Terms of Use, BRISKKART grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and BRISKKART policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time.

Use of Platform and Services

All commercial/contractual terms are offered by and agreed to between Buyers and Briskkart alone with respect to products and services being offered by the Briskkart. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. BRISKKART does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Briskkart. BRISKKART may, however, offer support services to Briskkart in respect to Order fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed by BRISKKART with the Briskkart. The price of the product and services offered by the Briskkart are determined by the Briskkart itself and BRISKKART has no role to play in such determination of price in any way whatsoever.

Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Briskkart/Buyers and PDPs. BRISKKART shall not be responsible for the services provided by PDP to Briskkart/Buyers through the Platform. BRISKKART may, however, offer support services to PDPs in respect of Order fulfilment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by BRISKKART with the PDPs.

BRISKKART neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. BRISKKART accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

BRISKKART does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick up and delivery services and Task completion services to the Briskkart or Buyers as the case may be.

BRISKKART is not responsible for any non-performance or breach of any contract entered into between Buyers and Briskkart, and between Briskkart/Buyers and PDP on the Platform. BRISKKART cannot and does not guarantee that the concerned Buyers, Briskkart and PDPs will perform any transaction concluded on the Platform. BRISKKART is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.

BRISKKART - Use of the Website and Apps (Android)

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

belongs to another person and which you do not have any right to;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

is misleading or misrepresentative in any way;

is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

harasses or advocates harassment of another person;

involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

contains video, photographs, or images of another person (with a minor or an adult);

tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, BRISKKART's prior written consent means a communication coming from BRISKKART's Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;

solicits gambling or engages in any gambling activity which is or could be construed as being illegal;

interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;

refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

harm minors in any way;

infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

violates any law for the time being in force;

deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;

is false, inaccurate or misleading;

directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or

creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

You shall not use any "deep-link", "page-scrape", "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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'BRISKKART', or otherwise engage in any conduct or action that might tarnish the image or reputation, of BRISKKART or Briskkart on platform or otherwise tarnish or dilute any BRISKKART's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or BRISKKART's systems or networks, or any systems or networks connected to BRISKKART.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Platform or any content on the Platform 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 that infringes the rights of BRISKKART and/or others.

You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.

From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.

You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. BRISKKART shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect BRISKKART views. In no event shall BRISKKART assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

BRISKKART shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

Account Registration

You may access the Platform by registering to create an account (" BRISKKART Account") and become a member (" Membership"); or (c) you can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a " Third Party Account", via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your BRISKKART Account with Third Party Accounts, by either:

providing your Third Party Account login information to us through the Platform; or

allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (" SNS Content") so that it is available on and through the Platform via your BRISKKART Account.

Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.

Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your BRISKKART Account on the Platform.

Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.

We will create your BRISKKART Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one BRISKKART Account and are not permitted to create multiple accounts. BRISKKART reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.

We reserve the right to suspend or terminate your BRISKKART Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other BRISKKART policies.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your BRISKKART Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your BRISKKART Account.

Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

Order Booking and Financial Terms

The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Briskkart, BRISKKART will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through PDP.
As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed.
However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Briskkart. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that BRISKKART reserves the right to not to process Buyer's Order in the event Buyer or Briskkart or PDP is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.
All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by BRISKKART is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, BRISKKART is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Buyers acknowledge and agree that BRISKKART acts as the Briskkart's and PDP’s payment agent for the limited purpose of accepting payments from Buyers/Briskkart on behalf of the Briskkart or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Briskkart or PDP, your payment obligation to the Briskkart or PDP for such amounts is completed, and we are responsible for remitting such amounts to the Briskkart or PDP. You shall not, under any circumstances whatsoever, make any payment directly to the Briskkart for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform.

Buyer agrees to pay for the total amount for the Order placed on the Platform. BRISKKART will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or restaurant service for the particular Briskkart, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.

In connection with Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause VIII (6) above. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.

The final tax bill will be issued by the Briskkart and PDP (if registered for tax purposes) to the Buyer along with the Order and BRISKKART is merely collecting the payment on behalf of such Briskkart and PDP. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Briskkart and PDP. BRISKKART holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Briskkart and the PDP.

The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Briskkart and are listed based on Briskkart's information. Very rarely, prices may change at the time of placing Order due to Briskkart changing the menu price without due intimation and such change of price are at the sole discretion of the Briskkart attributing to various factors beyond control.

In order to continually improve and provide you/ Buyer with a seamless experience we need to ensure maintenance and upkeep of our application/platform. For such upkeep and maintenance, we may, charge a nominal non-refundable amount from you/Buyer as ‘platform fees’.

Disclaimer: Prices on any product(s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Briskkart be incorrectly reflected and in such an event Briskkart may cancel Buyer’s Order(s).

The Briskkart shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of BRISKKART.

The transactions are bilateral between the Briskkart and Buyer, and between Briskkart/Buyer and PDP, therefore, BRISKKART is not liable to charge or deposit any taxes applicable on such transactions.

Cancellations and Refunds

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

Terms of service

The Buyer agrees and acknowledges that BRISKKART shall not be responsible for:

The services or goods provided by the Briskkart including but not limited to serving of food Orders suiting your requirements and taste;

The Briskkart's services or goods, or services provided by PDPs not being up to Buyer expectations or leading to any loss, harm or damage to him/her;

The availability or unavailability of certain items on the menu;

The Briskkart serving the incorrect Orders; or

Product liability of goods provided by Briskkart.

The details of the menu and price list available on the Platform with respect to restaurant services, goods or any other services are based on the information provided by the Briskkart and BRISKKART shall not be responsible for any change or cancellation or unavailability.

Buyers may not be able to avail Services if their delivery location is outside BRISKKART’s current scope of Service. BRISKKART will keep the Buyer informed of the same at the time of confirming his/her Order booking.

Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from PDPs and Briskkart. BRISKKART will not be responsible for any delay in the delivery of an Order.

Buyer understands that there are certain Briskkart who undertake delivery of their goods and services to the Buyer and the Briskkart may charge the Buyer for such service. BRISKKART exercises no control on such delivery services and same shall be under the control of Briskkart alone and hence all or any disputes arising out of such delivery services shall be between Buyer and Briskkart alone.

Buyer’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer’s Order will be cancelled in the event of any change of the address as informed by the PDP and Buyer shall not be entitled to any refund for the same. Delivery of goods and services in the event of change of the delivery location shall be subject to acceptance by the PDP or sole discretion of BRISKKART.

The Buyer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.

The Buyer understands that BRISKKART’s (including Briskkart’s and PDP’s) liability ends once Order has been delivered to him/her, except where the product liability of the Briskkart subsists.

Services provided:

You agree and acknowledge that BRISKKART shall not be liable for any damages, losses or claims to You or any third party in the event you have failed to adhere to the Terms of Use.

Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

BRISKKART does not offer any refunds against goods or services already purchased from a Briskkart or PDP through the Platform unless an error that is directly attributable to BRISKKART has occurred during the purchase of such product or services.

We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

If you use the Platform, you do the same at your own risk.

Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Briskkart and PDPs.

No Endorsement

In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

Specific Terms with respect to Use of Platform for purchase of Pharmaceutical Products

Buyer can use the Platform for purchase of various medicines and pharmaceutical products from the pharmacy stores that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicines and pharmaceutical products (“Prescription Drugs”), offered for sale on the Platform by the Briskkart. In Order to purchase Prescription Drugs from the Briskkart through the Platform, Buyer is required to upload a scanned copy of the valid prescription on the Platform. The Order would not be processed by the Briskkart until a copy of a valid prescription is uploaded on the Platform, which shall be in turn shared with the Briskkart. The Briskkart will verify the prescription uploaded by Buyer and in case of the Briskkart observes any discrepancy in the prescription uploaded by Buyer, the Briskkart may reject the Order. Buyer is also required to make the original prescription available at the time of delivery of the Prescription Drugs. Buyer shall allow the PDP to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.

Buyer understands and agrees that BRISKKART’s Platform is merely a technology platform and the medicines and pharmaceutical products are sold by the Briskkart. BRISKKART shall not be held responsible in any manner for any error or omission or act committed on part of the Briskkart.

Buyer agrees and undertakes that he/she will not repeat the use of prescription for which drugs have already been dispensed. In case a Buyer found repeating the use of prescription, the Order will be cancelled immediately. In any event, BRISKKART shall not be responsible for any adverse effects or harm caused to Buyer.

Buyer agrees and confirms that he/she is completely aware of the indications, side effects, drug interactions, effects of missed doses or overdose of the medicines Buyer Order through the Platform. It is imperative to seek professional advice from Medical practitioner before purchasing or consuming any medicine.

The Briskkart/BRISKKART may maintain a record of the prescriptions uploaded by the Buyers.

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

Specific Terms with respect to Use of Platform for purchase of Cigarettes and Other Tobacco Products

Buyer agrees and undertakes that he/she will not use the Platform to purchase cigarettes and other tobacco products if he/she is below the age of 18 years.

The PDP may request Buyer to provide a valid age proof at the time of delivery of cigarettes and/other tobacco products, Buyer agrees and undertakes to provide a valid age proof, if requested for verification. If the Buyer is below the age of 18 years the PDP shall cancel the Order. Buyer shall not place Order for loose cigarettes.

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

Specific Terms with respect to Use of Platform for purchase of alcoholic beverages

Eligibility to use the Wine Shop category in the Platform: By accessing the Wine Shop category in the Platform, the Buyer represents that he/she is of legal drinking age in Buyer’s state of domicile and/ or where he/she is accessing the Platform and has not been previously suspended or prohibited from accessing or otherwise availing the Services of the Platform.

Mandatory age and Know Your Customer (KYC) verification: The Buyer agrees to undergo and complete mandatory age and KYC verification process to access the Platform. The Buyer undertakes to provide a valid and legible KYC document for the purpose of verification, failing which he/she will not be allowed to access the Platform. The Buyer shall be solely liable as to the veracity of the KYC documents provided by him/her, BRISKKART undertakes no liability in this regard. Collection of the Buyer’s details and documents for verification will be subject to our Privacy Policy.

One Time Password (OTP) at the time of delivery: Once the Order for alcoholic beverages is placed, the Buyer will receive an OTP on his/her registered mobile number which the Buyer should mandatorily provide to the PDP to receive delivery of the Order of alcoholic beverages. If OTP is not provided to the PDP, the Buyer’s Order in this case will be cancelled without any refund, and the products will not be delivered to him/her.

The Buyer agrees and undertakes that he/she will not share the OTP with any person below the legal drinking age to collect delivery of his/her Order of alcoholic beverages.

Delivery Address: The Buyer agrees and undertakes that he/she will not provide the address of any public place including but not limited to educational institution, hospital, religious places as delivery address for the Order. If the delivery address is found to be the address of a public place, BRISKKART reserves the right to immediately cancel the Order without being liable to process any refund.

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

General:

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and BRISKKART policies, you shall immediately discontinue its use. BRISKKART reserves the right to terminate your Membership and / or deny access to the platform if it is brought to BRISKKART's notice that you are under the age of 18 years.

If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.

You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and BRISKKART policies to the attention of all such persons accessing the Platform on your computer or mobile device.

You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

You agree and grant permission to BRISKKART to receive promotional SMS and e-mails from BRISKKART or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to Info@briskkart.com.

By using the Platform you represent and warrant that:

All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.

Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.

You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.

All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.

You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact Info@briskkart.com.

You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.

You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

You will not discriminate against any Briskkart, Buyers or PDPs based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.

You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:

any part of the Platform or the Platform software; or

any equipment or any network on which the Platform is stored or any equipment of any third party

You release and fully indemnify BRISKKART and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, BRISKKART cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Access to the Platform, Accuracy and security

We endeavour to make the Services available during Briskkart or PDP working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

Relationship with operators if the Platform is accessed on mobile devices

In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").

Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.

You and we acknowledge that these Terms of Use are concluded between you and BRISKKART only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.

The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.

We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Disclaimers

THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

BRISKKART DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE BRISKKART OR PDP.

WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR BRISKKART ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Intellectual property

We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.

You recognize that BRISKKART is the registered owner of the word mark ‘BRISKKART’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or BRISKKART’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at Info@briskkart.com with all relevant information.

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

Third Party Content

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.

IP Notice and Take Down Policy

BRISKKART has put in place IP Notice and Take Down Policy (" Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer trust.

Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
Note: BRISKKART does not and cannot verify that Briskkart have the right or ability to sell or distribute their listed products or services. However, BRISKKART is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to BRISKKART.

Contact Us

Grievance Officer/Nodal Officer

In accordance with (1) Information Technology Act, 2000 and rules made there under. and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:

Mr. G. NAGARJUNA

Gahano Tech Mart Private Limited
Reg off : 677 1st Floor, Suite # 1193, 27th Main,
13^th cross, HSR Layout, Bangalore South,
Bangalore - 560102, Karnataka, India.
Phone: +91 8886190959

Email: Info@briskkart.com

Time: Monday - Friday (9:00 - 18:00)

BRISKKART Membership Program Specific Terms

These are the terms and conditions ("Terms") for BRISKKART ("BRISKKART") membership program and offered by BRISKKART to its Users on the Platform. These Terms shall govern your use of our service offered under BRISKKART One Membership Program. Please read these Terms carefully before you subscribe to the BRISKKART MEMBERSHIP Program. These Terms are subject to modifications, to comply with a legal requirement. You have the following options under the BRISKKART membership program and you can choose from these options at your sole discretion basis the suitability.

BRISKKART MEMBERSHIP PLANS:- (Please refer your BRISKKART App for plan details)
- The distances from the restaurant location to the customer's location shall be captured as per Google Map driving directions data at the time of placing the Order. BRISKKART shall not be held responsible or liable for the accuracy or efficacy of such data.
- The BRISKKART MEMBERSHIP benefits are available to orders above a certain amount. Please check FAQs for more details.
- Additional discounts specific to the BRISKKART MEMBERSHIP Programme will be applicable on the discounted values of the food items post application of any generally available coupons on the Platform.

Subscription Fee, Payment and Activation:
BRISKKART shall charge and You agree to pay such membership fee, as may be determined by BRISKKART from time to time. You can use Credit Card, Debit Card, Net Banking, BRISKKART Money and the other available third-party payment options available to subscribe to the BRISKKART MEMBERSHIP program. However, Cash on Delivery (COD) payment option can be used to subscribe to the BRISKKART MEMBERSHIP program only when clubbed together with the placed Order. The subscription shall be activated upon successful payment through the BRISKKART Platform. In case BRISKKART membership is purchased along with an Order and if such Order is cancelled, then the membership shall also stand cancelled and the BRISKKART membership subscription amount will be refunded. You can access the detailed FAQs in the Help Section.

No Cancellation or Termination:
BRISKKART membership once purchased, cannot be cancelled or Terminated in the effective period of the membership.

Modification/ Cancellation of membership by BRISKKART
BRISKKART may cancel or modify Your BRISKKART membership at its sole discretion without notice. If we do so, we will issue a prorated refund based on the number of full months remaining in your BRISKKART membership. However, we will not give any refund for cancellation of BRISKKART membership related to conduct that we determine, in our sole discretion, violates these Terms, the Privacy Policy or any applicable law, or any conduct that we in our sole capacity decide involves fraud or misuse of the BRISKKART Membership, or is harmful to our interests or another user, participating restaurant or any delivery executive. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Important notice:
These Terms are special terms and as such restricted to only Buyer Orders placed through BRISKKART on participating restaurants when You are a BRISKKART Member and as such does not supersede the BRISKKART Terms of Use, unless specifically called out here. We reserve the right to modify these Terms at any time without notice posting changes on the Platform and you shall be responsible to update yourself of such changes, if any, by accessing the changes on the Platform. Your continued usage of the BRISKKART MEMBERSHIP Program after any change is posted constitutes your acceptance of the amendments.

General Terms & Conditions:
- We reserve the right to accept or refuse membership in our sole discretion
- We may send you an email, or other communication related to BRISKKART Membership (regardless of any settings or preferences related to your BRISKKART account).
- You may not transfer or assign your BRISKKART Membership or any BRISKKART benefits, except as allowed in these Terms.
- From time to time, We may choose in our sole discretion to add or remove BRISKKART Membership benefits.
- The delivery services shall always be provided by the PDP and all other terms and conditions as enumerated in the Terms of Use are applicable as is.
- BRISKKART reserves the right to offer this BRISKKART membership in select cities and on select restaurants, at its sole discretion.
- BRISKKART Membership feature is available only on the App.
- BRISKKART membership can be used only on 2 devices at a time. BRISKKART membership is priced for individual and personal usage. Having a 2 device limit reduces the instances of misuse. This will ensure that we are able to serve our members in the most optimal way while still maintaining fair usage within reasonable parameters. This ensures that we continue to make the membership affordable for all consumers and sustainable for BRISKKART.

Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN BRISKKART'S CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO BRISKKART. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR BRISKKART MEMBERSHIP.

All disputes related to this BRISKKART Membership will be subject to the exclusive jurisdiction of courts of Bangalore only.

These Terms and Conditions are co-extensive and concurrent with BRISKKART's other Terms and Conditions and the Privacy Policy listed on this Platform. As such, all other Terms and Conditions listed hereinbefore shall also be applicable to this BRISKKART Membership and the same need not be expressly repeated herein.
Notice and Take Down Policy Template and Procedures

Reporting Instances of Intellectual Property Violations: To file a notice of infringement with BRISKKART, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.

To expedite our ability to process your request, please use the following format:

Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BRISKKART to locate the material;

Information reasonably sufficient to permit BRISKKART to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law";

The following mandatory statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed";

Sign the document with either your physical or electronic signature; and

Send the written communication to: Email to Info@briskkart.com

Format of notice of infringement:

To,

Gahano Tech Mart Private Limited,

677 1st Floor, Suite # 1193, 27th Main,
13^th cross, HSR Layout, Bangalore South,
Bangalore - 560102, Karnataka, India.

I, < >____________________________ of < > _________________________ do solemnly and sincerely declare as follows:

1. I am the owner of certain intellectual property rights, said owner being named __________________ (" IP Owner").

2. I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material claimed to be infringing.

3. I may be contacted at:

Name____________________________________________________________________________

Designation/Title & Company_________________________________________________________

Postal Address (with Pin code)________________________________________________________

Email Address (correspondence)_______________________________________________________

Telephone/Fax_____________________________________________________________________

I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct.

Declared by < >______________________________

on < > ___________________________________ at < > ________

Truthfully,

Signature ________________________

(Important Note: (a) BRISKKART shall be unable to process requests which do not specify exact product IDs or URLs. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time. (b) BRISKKART shall not consider an incomplete request. (c) BRISKKART's response to such request will include removing or disabling access to material claimed to be the subject of infringing activity.)

Innovative Tech Solutions Partner

Terms & Conditions

Terms & Conditions