Please read the following terms and conditions (“T&Cs”) carefully before registering for, accessing or using the Brisk Money (as defined below), located at www.briskbasket.com or the briskbasket mobile application or any similar platform (hereinafter referred to as briskbasket Platform)on any device and/or before availing any e-wallet services that may be offered by MMTPL (as defined below) on the briskbasket Platform (hereinafter, individually Brisk Money Service and collectively, the Brisk Money Services). The Brisk Money isissued byand the Brisk Money Services are provided by Innovative Retail Concepts Private Limited, a private limited company registered under the Companies Act, 1956 having its registered office at No. 18, 2nd & 3rd Floor, 80 Feet Main Road, Koramangala Bangalore, Karnataka 560034 (“MMTPL”). The customers using the Brisk Money may load amounts in the wallet through their credit or debit cards, and the amounts in the Brisk Money may be used for making payments towards transactions done by customers on the briskbasket Platform. Customers shall not be permitted to make any cash withdrawals from the Brisk Money. By registering for or using Brisk Money, you represent and warrant that you have the right, authority and capacity to enter into these T&Csand to abide by all the T&Cs.
The Brisk Money Services are not available to persons under the age of 18 or to anyone previously suspended or removed by MMTPL from availing the Brisk Money Services or accessing the briskbasket Platform. By accepting the T&Cs or by otherwise using the Brisk Money Services on the briskbasket Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by MMTPL, or disqualified for any other reason, from availing the Brisk Money Services or using the briskbasket Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, MMTPL reserves the right to suspend or permanently prevent you from availing Brisk Money Services or using the briskbasket Platform.
“Customer” or “you” means a person who has registered with briskbasket Platform and avails the Brisk Money, and who has accepted the T&Cs, and a person who owns, operates, or has access to an internet compatible device that supports the Brisk Money and the briskbasket Platform.
“Brisk Money” means the closed system pre-paid payment instrument issued by MMTPL.
“Brisk Money Account” means the Customer Brisk Money account classified as closed system payment instruments issued by accepting minimum customer details being Customer name, e-mail address, mobile number, which permit payment for purchase of eligible goods from briskbasket Platform.
“Enrolment Form” means the Brisk Money enrolment form, as is required by MMTPL from the Customer at the time of registration for availing and/or continuation of the Brisk Money.
“KYC” stands for know your customer and refers to the personal identification and other information required by MMTPL from you before any Brisk Money Services can be delivered. KYC documents/ information may be required by MMTPL from the Customer at the time of registration and/or on a later date, for availing and/or continuation of the Brisk Money.
“Password” means the secret password used to secure Brisk Money applications, without knowledge of which your Brisk Money will not be operable.
“Transaction” means purchase of eligible products on the briskbasket Platform.
The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and MMTPL reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. MMTPL reserves the right to discontinue services or reject applications for Brisk Money at any time if there are discrepancies in information and/or documentation by you.
You may be required to complete a verification process by furnishing your details (such as your name and date of birth) to comply with the KYC requirement under applicable laws.
Any information provided to MMTPL with the intention of securing Brisk Money services shall vest with MMTPL, and may be used by MMTPL, for any purpose that is not inconsistent with any applicable law or regulations, at its discretion.
3. General Conditions for Brisk Money
You will be issued a Brisk Money Account immediately after successful registration.
You may add money to or recharge your Brisk Money through online payment methods such as domestic credit/debit card and net banking. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your Brisk Money. Except as provided hereunder, amounts in your Brisk Money will not be refunded to you under any circumstances.
You may note that withdrawing money from Brisk Money is not allowed. Any outstanding credit in the Brisk Money must be utilized only to make payments for bona fide Transactions.
Brisk Money are available only to resident Indians who have attained the age of 18 years and are competent to contract.
Brisk Money are not transferable.
You may add money into your Brisk Money upto a maximum of INR 10,000 (Rupees ten thousand) per month. This limit will be inclusive of any credits made by you and any refunds received by you for any Transactions in your Brisk Money. Additionally, the balance in your Brisk Money shall not exceedINR 10,000 (Rupees ten thousand) at any relevant time of determination. These limitsmay be reviewed and modified at the discretion of MMTPL without prior intimation to the Customer.
MMTPL reserves the right to suspend/discontinue Brisk Money services to you at any time, for any cause, including, but not limited, to the following-
For any suspected violation of the T&Cs;
For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by you;
To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;
If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
If the mobile connection with which your Brisk Money is related ceases to be operational or in your possession or control;
If MMTPL believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
The value stored on your Brisk Money shall NOT be refunded under ANY circumstances and may only utilized to make payments for bona fide Transactions. No interest will be payable by MMTPL on the available balance reflected on the Brisk Money.
You are permitted to maintain and operate only one Brisk Money. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by MMTPL of any of all Brisk Money associated with you on the briskbasket Platform. Any operation of or continued availability of any facility respect to the Brisk Money from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.
4. Brisk Money Validity
Any value in your Brisk Money that is utilized towards making payments for any Transaction shall be automatically debited from your Brisk Money. MMTPL does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using Brisk Money.
Brisk Money Expiry and Balance Forfeiture.
Your Brisk Money Account shall remain active at all times. However, the amounts in your Brisk Money will be forfeited in case of no credit or debit transaction has occurred for a period of 12 months from the date of the last Transaction. You will receive a reminder about the expiry of the Brisk Money amounts one month in advance, by an email to your registered email address.
5. Customer Obligations
Any value in your Brisk Money that is utilized towards making payments for any Transaction shall be automatically debited from your Brisk Money. MMTPL does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using Brisk Money.
Brisk Money availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. Brisk Money availability is subject to the maintenance of a mobile phone handset and other application on which briskbasket Platform can run and the Customer is solely responsible for all liability arising from unavailability of the briskbasket Platform due to a deficient mobile handset or the internet service provider not being able to support any Brisk Money channel or application.
You must ensure the availability of sufficient funds in your Brisk Money before executing any Transaction from your Brisk Money.
You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of Brisk Money. In case the Password is lost or misplaced, you shall promptly inform MMTPL by calling on the customer care numbers where after the existing Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your Brisk Money is lost/stolen/misplaced/no longer in your control, you shall promptly inform MMTPL. MMTPL will, upon receipt of such information, block the relevant account.
You acknowledge and understand that Brisk Money is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider.
Information submitted by you for availing Brisk Money and/or information submitted while using Brisk Money may be shared by MMTPL with any affiliate of MMTPL or any third party, inter alia, to facilitate the provision of Brisk Money or for the purposes specified in the T&Cs.
You agree to indemnify, save, and hold MMTPL, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to : (i) your use or misuse of the Brisk Money; (ii) any violation by you of the T&Cs, including the Brisk Money Terms; or (iii) any breach of the representations, warranties, and covenants made by you herein. MMTPL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MMTPL, including rights to settle, and you agree to cooperate with MMTPL’s defense and settlement of these claims. MMTPL will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these T&Cs, including the Brisk Money Terms.
7. Additional T&C.
Any amount transferred erroneously by the Customer, while adding money to or recharging the Brisk Money or while executing Transaction on briskbasket Platform, shall not be refunded to the Customer by MMTPL in any circumstances.
Any web-link on the briskbasket Platform to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in relation to that web-link.
In the event of any Dispute (defined below), MMTPL records shall be binding as the conclusive evidence of the Transactions carried out through the use of Brisk Money.
MMTPL shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
You agree to receive all commercial messages including transactional messages from MMTPL.
The parties are independent contractors and nothing in these Brisk Money Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership.
8. Amendment of Terms, briskbasket Platform
MMTPL may modify, terminate and/or suspend Brisk Money to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators. MMTPL reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time by posting notification on the briskbasket Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the briskbasket Platform, availing the Brisk Money service, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the briskbasket Platform/Brisk Money. For certain changes, MMTPL may be required under applicable law to give you advance notice, and MMTPL will comply with such requirements. Your continued use of the briskbasket Platform and the Brisk Money following the posting of changes will mean that you accept and agree to the changes.
You specifically agree that in order to facilitate the provision of Brisk Money, MMTPL may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise or any third party.
10. Assignment; Restrictions on Information Sharing; Privacy
These T&Cs, and any rights granted hereunder, may not be transferred or assigned by you without MMTPL’s prior written consent which may be withheld in MMTPL’s sole discretion, but these T&Cs, and any rights granted hereunder, may be assigned by MMTPL freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.
By accepting the Brisk Money Terms here and the T&Cs in general, you agree to be customers of MMTPL. In addition, by accepting the Brisk Money Terms here and the T&Cs in general, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring MMTPL’s rights and obligations under the Brisk Money Terms in favour of any affiliate of MMTPL or any third party; (b) for using the briskbasket Platform and availing the Brisk Money Services by you subject to any specific terms and conditions imposed by any affiliate of MMTPL; (c) for receiving communications, notices and information from MMTPL or any affiliate of MMTPL; (d) for sharing of business information (including any information relating to you or the services being availed by you) in relation to the Brisk Money service (including data analytics) between MMTPL and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to MMTPL’s customers (including you); (ii) provision of better services by MMTPL’s vendors and Merchant Establishments; (iii) to prevent any breach of a binding agreement between MMTPL and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by MMTPL or any affiliate of MMTPL; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of MMTPL or of any affiliate of MMTPL; or (vi) MMTPL retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times MMTPL or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with MMTPL to provide products and services, or that help MMTPL market to customers. Personal information will only be shared by MMTPL to provide or improve MMTPL’s products, services and advertising, and will always be shared in compliance with applicable laws.
MMTPL, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in MMTPL’s products and services offering any products or services from any briskbasket Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable law.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for MMTPL to disclose your personal information. MMTPL may also disclose information about you if MMTPL determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate
MMTPL may also disclose information about you if MMTPL determines that disclosure is reasonably necessary to enforce the Brisk Money Terms here or the T&Cs in general or protect MMTPL’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of MMTPL’s business or products or services offered through any briskbasket Platform to any persons (including any affiliates), MMTPL may transfer any and all personal information that MMTPL collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees., MMTPL may transfer any and all personal information that MMTPL collects to the relevant transferee or enter into contractual agreements to share such information with such third party transferee.
11. Intellectual Property Rights
MMTPL, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (hereinafter IP Rights), in and to the briskbasket Platform, Brisk Money Services, Brisk Money or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the briskbasket Platform, Brisk Money Services or Brisk Money or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the briskbasket Platform or Brisk Money or use the briskbasket Platform or Brisk Money to create a competing product. The “briskbasket” brand is owned by Supermarket Grocery Stores Private Limited “SGS” which has been licensed to MMTPL by SGS. Unauthorized use of “briskbasket” as a word, trademark, symbol, device mark or word mark, is strictly prohibited. All rights are expressly reserved by MMTPL and SGS to use the brand of “briskbasket” in all its forms and variations.
12. Disclaimer; No Warranties
MMTPL gives no warranty, express or implied, with respect to the Briskbasket Platform and Brisk Money. To the fullest extent permissible, pursuant to applicable law, MMTPL and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. MMTPL provides the briskbasket Platform and the Brisk Money and any other technology and services on the briskbasket Platform are on an “as is”, “where is”, “with all faults” basis.
No advice or information, whether oral or written, obtained by you from MMTPL or through the Brisk Money or the briskbasket Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “MMTPL” includes MMTPL’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the Brisk Money on the briskbasket Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the briskbasket Platform or on the Internet generally.
The Brisk Money and the briskbasket Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. MMTPL, and its third-party suppliers, licensors, and partners do not warrant that the data, MMTPL software, functions, or any other information offered on or through the Brisk Money Services/briskbasket Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
MMTPL and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Brisk Money Services/briskbasket Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Brisk Money Services/briskbasket Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement.
This section shall survive termination of the T&Cs. In no event will MMTPL be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the briskbasket Platform.
13. Waiver and Release
The failure of MMTPL to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by MMTPL. To the maximum extent permitted by law, you waive, release, discharge and hold harmless MMTPL, its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the briskbasket Platform or Brisk Money.
14. Consent to Electronic Communications and Transactions
By registering to use the Brisk Money, you consent to conduct Transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when MMTPL sends an electronic communication to your e-mail address/mobile number as per our records, or when MMTPL posts an electronic communication on the briskbasket Platform. The pre-requisites for effective electronic Transactions and communications are as follows: (a) you must have access to the Internet through a broadband connection or mobile data or through any other applications; and (b) you must have a valid e-mail address and mobile number. You can withdraw your consent for electronic communication at any time by contacting MMTPL, but MMTPL reserves the right to terminate your Brisk Money Account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify MMTPL promptly if your email address, mobile number or other contact information changes by updating your account information or contacting MMTPL
15. Limitation of Liability
In no event, MMTPL or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) these T&Cs; (ii) the Brisk Money, the briskbasket Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Brisk Money, the briskbasket Platform (including any and all materials) or any reference sites/app/platform/service or (iv) any other interactions with MMTPL, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if MMTPL or a MMTPL authorized representative has been advised of the possibility of such damages. You acknowledge and agree that MMTPL has offered its products and services, set its prices, and entered into these T&Cs in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and MMTPL, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and MMTPL. MMTPL would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, MMTPL’s liability will be limited to the fullest extent permitted by applicable law. This section of the Brisk Money Terms shall survive the termination of these T&Cs.
16. Dispute Resolution
If any dispute, controversy or claim arises under these T&Cs or in relation to a Brisk Money or the briskbasket Platform, including any question regarding the existence, validity or termination of the Brisk Money Terms or the T&Cs in general or these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, MMTPL may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bengaluru and the language of this arbitration shall be English. Either you or MMTPL may seek any interim or preliminary relief from a court of competent jurisdiction in Bengaluru necessary to protect the rights or the property belonging to you or MMTPL (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor MMTPL may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and MMTPL. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these T&Cs.
17. Governing Law
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against MMTPL must be resolved by a court having jurisdiction in Bengaluru, India. You agree to submit to the personal jurisdiction of the courts located within Bengaluru, India, for the purpose of litigating all such claims or disputes. TheseT&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.
If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Csto the minimum extent required, and the remaining provisions will remain valid and enforceable.
19. Customer Service
Any questions, comments or complaints related to your Brisk Money should be referred to briskbasket customer care by email to firstname.lastname@example.org, or by calling our customer service number at 1860-123-1000.