Term and Condition

Last updated: March 08, 2024

Disclaimer

This ‘website’, portal is offered by Brisk Assist Private Limited engaged in the business of providing Roadside Assistance Services, Travel Assistance, Customer-Connect Programs and other Assistance Services to the portfolios of manufacturers, insurance companies, financial institutions, Tyre companies and other companies., assistance for Telemedicine & Telehealth Company registered in INDIA. It is only an online ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder and provides Tele-medicine & consultation interactive platform. The products & services listed on the ‘website’ available on this Platform does not in any way constitute an enticement, offer to invitation or advice to avail the online or tele-consultation Services &/or products. The services provided through the ‘website’ are not intended in any ways to be a substitute for face-to-face consultation with a doctor(s), expert(s) of their respective profession. The third party registered medical practitioners, experts (physicians and specialists), polyclinics and tele-medicine company (referred to as ‘service providers’), who deliver healthcare services through Telemedicine Platform are independent persons and are responsible for their diagnosis and the treatment offer to the users. Tele-Medicine does not promote, support or persuade over any particular branch of medicine, theory, opinion, viewpoint or position on any subject. This platform is a unique platform for users to avail best curated choicest of products & services for individual users/natural persons for their specific demands. The description of any goods & services is endeavoured to be as precise as feasible & achievable and any inadvertent mistake is to be forgiven.

Please read these terms of use carefully - By accessing or using this internet-based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet-based platform.

What is Brisk Assist

The domain name www.briskassist.in, an internet-based portal and ___ a mobile application, is operated by Brisk Assist Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Brisk Assist” or “We” or “Our” or “Us” or “Company”) having its registered office H-213, Sector 63 Noida Utter Pradesh, with GSTIN 09AALCB3345H1ZK and CIN: U74999UP2023PTC176242. The domain name and the mobile application are collectively referred to as the “Website”.
Your access or use of the Website, transaction on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Brisk Assist on the other Part.
By accessing, browsing or in any way transacting on the Website, or availing any Services, you signify your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if you navigate away from the Website to a third-party website, you may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern your use of that website.
The Website is a platform that facilitates online purchase of products & services (collectively referred to as ‘products’ ‘services’) rendered by various vendors (“Third Party”) and by the Company; online advertisements of various sponsors, advertising and marketing their own goods and services (“Third Party Advertisers”). Third Party sellers, stockists, marketers, Medical Experts and the Third-Party Advertisers are collectively referred to as the “Third Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information, webinars, knowledge enhancing blogs/posts, experts consultations over audio-visual modes (“Information Services”) to the Users accessing the Website (The goods & services of the Third Party Services Providers & Vendors, sale of pharmaceutical products by the Company and the Information Services are collectively referred to as the “Services”).
The arrangement between the Third Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to you through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant Third Party Service Providers. To facilitate the relation between you and the Third Party Service Providers through the Website, Brisk Assist shall send to you (promotional content including but not limited to emailers, notifications and messages).
You agree and acknowledge that the Website is a platform that you and Third Party Service Providers utilize to meet and interact with another for their transactions. Brisk Assist is not and cannot be a party to or save and except as may be provided in these Terms of Use, control in any manner, any transaction between you and the Third Party Service Providers.
Brisk Assist reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, we will inform You of such changes at least once a year. Your continued use of the Website will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Website.
As a condition to your use of the Website, you must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Brisk Assist that you are mentally sound & major - 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but not limited to:

the Indian Contract Act, 1872 (“Contract Act”);
the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);
The Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020.
The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (“Code of Conduct”). ‘Telemedicine’ as defined under the Telemedicine Guidelines.
lnsurance Regulatory and Development Authority of lndia (lnternational) Financial Service Centre lnsurance lntermediary Offices) Guidelines, 2019
Data protection Laws, framework, guidelines.

Brisk Assist authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by Brisk Assist including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (collectively, “Content”). The Brisk Assist Content is the property of Brisk Assist or such third party as may be and is protected under copyright, trademark and other applicable law(s). You shall not modify the Brisk Assist Content or reproduce, display, publicly perform, distribute, or otherwise use the Brisk Assist Content in any way for any public or commercial purpose or for personal gain.
Compliance with these Terms of Use would entitle you to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.
These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

ELIGIBILITY

For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to register, in accordance with the procedure established by Brisk Assist in this regard. As part of the registration process, you shall furnish to Brisk Assist the following personal information from You:

Name;
User ID;
Email address;
Address (including country and ZIP/ postal code);
Gender;
Age;
Phone number;
Password chosen by the User;
Valid financial account information; and
Other details as you may volunteer.
The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to Brisk Assist that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
A registered ID can only be utilized by the person whose details have been provided and Brisk Assist does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when registering & creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Brisk Assist if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Brisk Assist for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Brisk Assist may allow authorized third parties to place or recognize a unique cookie on the Your browser. Brisk Assist does not store personally identifiable information in the cookies.
Brisk Assist, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while Brisk Assist investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.
Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Brisk Assist reserves the right to limit the number of accounts ("Accounts") that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.

USE OF SERVICES AND THE WEBSITE

E-Commerce Platform for Products & Services–

Platform to facilitate transaction of business:

Through the Website, Brisk Assist facilitates the purchase of goods and services offered for sale by Third Party Service providers (“Goods and Services”). You understand and agree that Brisk Assist and the Website merely provide hosting services to you and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third Party Service providers, are third party user generated contents and third party products. Brisk Assist has no control over such third party user generated contents and Services and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The Services made available by the Third Party Service providers through the Website shall be the sole responsibility of the Third Party Service Providers. You understand and agree that Brisk Assist shall have no liability with respect to the deficiency in services of third party service providers being facilitated through the Website.
You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Goods and Services which are offered by and agreed to between You and the Third Party service providers and the contract for purchase of any of the Goods and Services, which are offered for sale on the Website by the Third Party service providers shall strictly be a bipartite contract between the Third Party Pharmacies and You.
The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Services offered for sale by the Third Party Service providers, and after sales services related to such Goods and Services are as provided by the Third Party Service Provider. Brisk Assist does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between you and the Third Party Service providers.
Availability of the Service. The Products and/or Service, or any feature or part thereof, may not be available in all languages or in all countries and GLB makes no representation that the Products and/or Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Website, you do so at your own initiative and are responsible for compliance with any applicable laws.

Representation as to legal title

Brisk Assist does not make any representation or warranty as to legal title of the Services offered for sale by the Third Party Service providers on the Website.
At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with Brisk Assist nor shall Brisk Assist have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such products & Services shall always vest with the Third Party Service providers, who are advertising or offering them for sale on the Website and are the ultimate sellers.
You agree and acknowledge that the Third Party Service providers shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third Party Service providers do not have the sole and exclusive legal ownership over the Services that have been offered for sale on the Website by such Third Party Service providers, or did not have the absolute right, title and authority to deal in and offer for sale such Goods and Services on the Website.

Non-Performance of Contract

You accept and acknowledge the following:

Brisk Assist is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third Party Service Provider for purchase and sale of goods or services offered by such Third Party Service providers on the Website;
Brisk Assist cannot and does not guarantee that the concerned Third Party Service providers will perform any transaction concluded on the Website;

The Third Party Service Providers are solely responsible for ensuring that the Goods and Services offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, Brisk Assist is not responsible if the Third Party Service Providers does not satisfy the contract for Sale of Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and

Brisk Assist shall not and is not required to mediate or resolve any dispute or disagreement between you and Third Party Service providers. In particular, Brisk Assist does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Brisk Assist shall, on a request in writing made by You after the purchase of any Goods and Services on the Website, provide You with information regarding the Third Party Service providers from which You have made such purchase, including the principal geographic address of its headquarters and all branches, name and details of its website, its email address and any other information necessary for communication with the Third Party service providers for dispute resolution.

Invitation to offer for sale

Notwithstanding anything else contained in any other part of these Terms of Use, the listing of products on the Website by the Third Party Service providers is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by you shall constitute an offer by you to enter into an agreement with the Third Party Service providers(“Offer”). Post the Offer from the Third Party Service providers, Brisk Assist shall send an email to you with the information on the Offer along with the details of the concerned Third Party Service providers who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Service providers after the validation/ verification of the prescription by such Third Party and the ascertainment of the available stock in the relevant Third Party Service providers in the case of prescription as well as other goods), by way of a confirmatory email to be sent to You.
For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third Party Service Providers’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Service provider.

Transfer of Property and Completion of Sale

Upon acceptance of the Offer by the concerned Service provider, such dispensation shall also take place under the direct/ personal supervision of the Service provider of the Third Party service provider, wherever required under the applicable law(s).
You agree and acknowledge that the property and title in the products and Services availed by You shall stand immediately transferred to You upon the dispensation of products and Services and the raising of the invoice at the concerned Third Party service provider / vendor. Accordingly, the sale of products and Services is concluded at the concerned Third Party service provider itself.
The invoice in relation to the goods and Services that are required to be delivered to you shall be issued by the concerned Service provider, which is to process and satisfy the order for such goods & services.

Advertising Guidelines for the Website –

As part of the Services provided by Us; We facilitate and allow Third Party Advertisers to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third Party Advertisers have to follow for placing such advertisements (the “Advertising Policy”).

For the Users: Brisk Assist clearly distinguishes between the editorial content and content that is created or provided by one of Our Third Party Advertisers. The advertisements will be labeled as "sponsored", "from our Advertisers" or "advertisement". This content will not be reviewed by Our in-house editorial staff and shall not be subject to Our internal editorial policy but shall be subject to the Advertising Policy, these Terms of Use (except the editorial policy) and the Privacy Policy.
For the Third Party Advertisers: The Third Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectation and must not be misleading or offending; must be responsible and of the highest standards and without compromising the consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Website.
General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use (except the editorial policy) and the Privacy Policy. Brisk Assist may, at any time and without having to serve any prior notice to the Third Party Advertisers, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. Brisk Assist may also alter or remove any content from the Website without notice and without liability. The Third Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.
Review: All the advertisements are subject to the review and approval of Brisk Assist. Brisk Assist reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Brisk Assist also reserves the right to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.
Prohibited Content: The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:

content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
content depicting nudity, sexual behaviour, or obscene gestures;
content depicting drug use;
content depicting excessive violence, including the harming of animals;
shocking, sensational, or disrespectful content;
deceptive, false or misleading content, including deceptive claims, offers, or business practices;
content that directs users to phishing links, malware, or similarly harmful codes or sites; and
content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and
content that violates any law for the time being in force.

Prohibited Advertisements: Advertisements for the following products and services are prohibited:

adult products and services (other than contraceptives; see below);
cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
products or services that bypass copyright protection, such as software or cable signal descramblers;
products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;
illegal or recreational drugs or drug paraphernalia;
counterfeit, fake or bootleg products, or replicas or imitations of designer products;
firearms, weapons, ammunition, or accessories;
advertisements that promote particular securities or that provide or allege to provide insider tips;
any illegal conduct, product, or enterprise;
unapproved pharmaceuticals and supplements;
prescription drugs;
products that have been subject to any government or regulatory action or warning;
products with names that are confusingly similar to an unapproved pharmaceutical or supplement or controlled substance; and

Restricted Advertisements: Advertisements in the following categories are restricted and require approval on a case-by-case basis:

advertisements that promote or reference alcohol;
advertisements for online dating services;
advertisements for gambling and games of skill;
advertisements for lotteries;
advertisements for financial services;
advertisements for contraceptives;
advertisements for online Service providersor pharmaceuticals; and
Political advertisements.

Testimonials & Endorsements:

Any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;
Brisk Assist recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Website of the Company will be clearly and unambiguously identified; and
A click on an advertisement may only link the User to the website of the Third Party Advertiser(s).

OTHER TERMS

Your Profile, Collection, Use, Storage and Transfer of Personal Information:

Your Brisk Assist profile is created to store record of your personal Information and your personal information online, including history, health conditions, allergies and medications or other information which may have a risk of potential breach.
Any information provided as part of a web Consultation or obtained from use of the Services by you becomes part of Your Brisk Assist record. You agree to provide accurate information to help us serve you best to our knowledge, to periodically review such information and to update such information as and when necessary. Brisk Assist reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by you for Brisk Assist’s record or for the Services. Please make sure you provide a valid email-id and you update it as and when needed.
For additional information regarding use of information about you, please refer to the Privacy Policy.
The terms “personal information” and “sensitive personal data or information” are defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and are reproduced in the Privacy Policy.

The Privacy Policy sets out:

the type of information collected from Users, including sensitive personal data or information;
the purpose, means and modes of usage of such information; and
how and to whom Brisk Assist will disclose such information.

The Users are expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:

the fact that the information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.

Brisk Assist shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users to Brisk Assist or any other person acting on behalf of Brisk Assist.
The use of the Website involves every Users’ registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Privacy Policy. The other information collected by Brisk Assist from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.
The Users are responsible for maintaining the confidentiality of the Users’ account access information and password. The Users shall be responsible for all uses of the Users’ account and password, whether or not authorized by the Users. The Users shall immediately notify Brisk Assist of any actual or suspected unauthorized use of the Users’ account or password.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Brisk Assist has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brisk Assist shall have the right to suspend or terminate such account at its sole discretion.
Brisk Assist may disclose or transfer User Information (as defined in the Privacy Policy) to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit Brisk Assist to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Brisk Assist as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Brisk Assist or any person on its behalf and the user or where the User has consented to data transfer.
By accepting these Terms of Use and by registering on the Website, you consent to be contacted by us and/or by our third party service providers.You further consent to receive Calls, emails and messages (SMS) notifications and information from Us and from Third Party Service Providers including for promotions, discount and/or other service delivery related issues.
Default <MOBILE APP NAME> settings will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the Mobile App/Device OS on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on [LOCATION OF SETTINGS].] Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents.

Payment, Fees and Taxes:

Registration on the Website and the access to the information provided on the Website is free. Brisk Assist does not charge any fee for accessing, browsing and buying through the Website. You agree to make all payments directly to the respective Third Party Service providers for purchase of Goods and Services from such Third Party Service providers and to the Company in case of purchase of Goods and Services directly from the Company. The Third Party Service providers may choose to either personally collect such payment from you or may use the services of collection agents duly appointed in this regard. You agree and acknowledge that you shall not hold Brisk Assist responsible for any loss or damage caused to You during the process, due to any acts or omission on the part of third parties viz. the Third Party Service providers or the collection agents or for any actions/ omissions which are beyond the control of Brisk Assist.
Each User / Third Party Service Providers are solely responsible for payment of all taxes, legal compliances and statutory registrations. Brisk Assist is in no way responsible for any of the taxes except for its own income tax.
All fees are exclusive of applicable taxes.
Brisk Assist reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication.
In order to process the payments, Brisk Assist might require details of User’s/ Third Party Service Providers’ bank account, credit card number etc. Please check Our Privacy Policy on how Brisk Assist uses the confidential information provided by Users.
Applicable payment charges: No charges levied.
Security details in relation to payment methods: API integrated.
Charge-back options: No.
You are also prohibited from:

violating or attempting to violate the integrity or security of the Website or any Brisk Assist Content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Brisk Assist;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other User;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the Brisk Assist Content or other information available from the Website; and
Framing or Hot linking or Deep linking any Brisk Assist Content.

In case of non-compliance with any applicable law(s), rules or regulations, or these Terms of Use or the Privacy Policy by a Covenanter, Brisk Assist has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove noncompliant information.

Liability

Brisk Assist shall not be responsible or liable in any manner to the Users or any Third Party Service Providers (collectively referred to as the “Other Parties”) for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by Brisk Assist, where Other Parties have consented to the making of such disclosures by Brisk Assist. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then Brisk Assist shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by Brisk Assist prior to its actual receipt of such revocation.
The Other Parties shall not hold Brisk Assist responsible or liable in any way for any disclosures by Brisk Assist under Regulation 6 of the SPI Rules.
The Services provided by Brisk Assist or any of its licensors or providers or Third Party Service Providers are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Brisk Assist does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services. Brisk Assist does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Brisk Assist Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
The Website may be linked to the website of third parties, affiliates and business partners. Brisk Assist has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that Brisk Assist endorses the linked website. Other Parties may use the links and these services at their own risk.
Brisk Assist shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; Brisk Assist shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
Users accept and acknowledge that Brisk Assist does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warrantee that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. Brisk Assist also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
The Other Parties further accept and acknowledge that Brisk Assist does not verify any content or information provided by either the Users or the Third Party Services/ or obtained from the Users or the Third Party Service Providers, and to fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the Brisk Assist Content, Third Party Content, representations and warranties made by the Other Parties on the Website or any opinion or suggestion given or expressed by Brisk Assist or any Third Party Service Providers in relation to any Services provided by Brisk Assist.
Brisk Assist assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
The listing of Third Party Service Providers on the Website is based on numerous factors including Users comments and feedbacks. In no event shall the Protected Entities (as defined herein below) be liable or responsible for the listing order of Third Party Service Providers on the Website.
To the maximum extent permitted by applicable law(s), Brisk Assist, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User's provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
Brisk Assist disclaims any liability in relation to the validity of the medical advice provided by the Medical Experts and the validity and legality of the e-prescription for dispensation of medicines and conduct of diagnostic tests. All liabilities arising out of any wrong diagnosis of medical condition by the Medical Experts and/ or arising from the e-prescription will be of the concerned Medical Expert. Further, all liabilities arising out of any wrong diagnosis report by the Third Party Labs and/ or arising from the wrong dispensation of the Goods and Services will be of the concerned Third Party Service providersas the case may be.
The Users acknowledge that the Protected Entities merely act in the capacity of facilitators between the Other Parties by providing a platform for them to interact and transact. In no event shall the Protected Entities be held liable for any of the losses attributable to Services offered through the Website.
In no event shall the total aggregate liability of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any Other Parties’ use of the Website exceed an aggregate amount of INR 1000/- (Indian Rupees One Thousand only). Brisk Assist accepts no liability for any errors or omissions on behalf of the Other Parties.
In no event shall the Protected Entities be liable for failure on the part of the Users or Third Party Service Providers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the Protected Entities be liable for any comments or feedback given by any of the Users in relation to the services provided by a Third Party Service Providers.

Indemnity

The user agree to defend, indemnify and hold harmless Brisk Assist, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) User access to or use of Website; (b) User violation of these Terms of Use or any applicable law(s); (c) User violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) User conduct in connection with the Website.

Modification of Website

Brisk Assist reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. Other Parties agree that Brisk Assist will not be liable for any modification, suspension or discontinuance of the Website or any other part thereof.

Intellectual property rights

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

Compliance of Applicable Law

While communicating/ transacting with each other through the Website, the Other Parties shall at all times ensure full compliance with the applicable provisions of the Contract Act, IT Act, IG Guidelines, Consumer Protection Act, 2019, SPI Rules, etc (“Captioned Laws”) as well as all other laws for the time being in force, and ensure due payment of applicable statutory dues, taxes & cess. They must specifically ensure that they are in no way purchasing Goods and Services barred by Law as well as the other applicable laws for the time being in force.
The Users must also ensure that the data feeded, images transmitted, prescription uploaded on the Website or emailed to Brisk Assist for processing the order for goods & services is a valid document, data duly obtained from a legitimate known & verified source by the User himself/herself. The Users acknowledge and accept that they shall bear all costs/ liability/ damages, caused to the Third Party Service Providers or to Brisk Assist, as a result of any dispensation of goods & services by the Third Party Service Providers owing to the non-compliance by the User in this regard.

Termination (Parties for the Purpose of these Terms of Use shall collectively mean the Other Parties and Brisk Assist)

The provisions of these Terms of Use shall continue to apply until terminated by either of the Party as set for below:

In case of Other Parties wanting to terminate these Terms of Use, Other Parties may do so by:

not accessing the Website; or
Closing their accounts for all of the Services that they use.

Brisk Assist reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users or the Third Party Service Providers or the Other Parties as a whole, if there is:
Breach any of applicable law(s), including but not limited to the Captioned Laws or the provisions of these Terms of Use or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the Other Parties from time to time (or have acted in a manner that clearly shows that Other Party(s) do not intend to, or are unable to, comply with the same); or
Brisk Assist is unable to verify or authenticate any information provided to Brisk Assist by Other Party(s); or
Brisk Assist believes, in its sole discretion, that Other Party(s) actions may cause legal liability for Brisk Assist (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or
Brisk Assist is required to do so by law; or
if Other Party(s) fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Brisk Assist to provide the Services to the Other Party(s); or
The provision of the Services to the Other Party(s), or to the general public, is in Brisk Assist’s opinion, no longer commercially viable; or
Brisk Assist has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).

Brisk Assist may also terminate or suspend (temporarily or permanently) all or a portion of Other Party(s) account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Other Party(s) account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring Other Party(s) from further use or access of the Website or of any of the Services.
Once terminated or suspended (temporarily or permanently), Other Party(s) may not continue to use the Website under the same account, a different account or re-register under a new account.
Upon termination of these Terms of Use, Brisk Assist shall have no obligation to maintain or provide any of Other Party(s) data and may thereafter, unless legally prohibited, delete all of Other Party(s) data in its systems or otherwise in its possession or under its control, including but not limited to Other Party(s) personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Other Party(s) account (or any part thereof).
Brisk Assist reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Other Party(s) content from the Website with or without ability to access the Website and the other Services, upon any breach by the Other Party(s) of these Terms of Use or if Brisk Assist is unable to verify or authenticate any information the Other Party(s) submits to Brisk Assist, or if the Other Party(s) fail to provide (or after providing such consent, later revokes) the consents necessary or desirable for Brisk Assist to provide the Services to the Other Party(s).
The right to terminate/ suspend the account is in addition to, and without prejudice to, Brisk Assist’s right to initiate action against the Other Party(s), in accordance with applicable law.

Force Majeure

Other Parties accept and acknowledge that Brisk Assist shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Brisk Assist or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond Brisk Assist’sreasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, Brisk Assist, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event.

Governing Law and Dispute Resolution

These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at New Delhi. All disputes will be subject to arbitration at New Delhi in English by a sole arbitrator appointed by Brisk Assist under the Arbitration and Conciliation Act, 1996.

Survival

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

Severability

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

Waiver

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Brisk Assist. Any consent by Brisk Assist to, or a waiver by Brisk Assist of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use.

Contact Information

If any Other Party(s) has any grievance, comment, question or suggestion regarding any of our Services, please contact our customer service at _________________ If any Other Party(s) has any questions concerning Brisk Assist, the Website, these Terms of Use, or anything related to any of the foregoing, Brisk Assist can be reached at the following email address - _____________________ or via the contact information available from the following