Brikkin Private Limited (referred to as “we”, “us”, “Brikkin” or “Company”) incorporated under the laws of India, having its registered office at 203, 2nd Floor, Ackruit Star, MIDC Central Road, Andheri East, Mumbai - 400093, Maharashtra, India is the owner, author, and publisher of the internet resource https://brikkin.com and its subdomains (together referred to as “Website”) on the world wide web as well as other connected software and applications provided by Brikkin, including but not limited to the mobile applications (referred to as “App”, and together with Website referred to as “Platform”).
These Terms constitute a binding and enforceable contract between the (i) Company and its affiliates worldwide; and (ii) you, an end-user of the Services (“User” or “you”). You represent and warrant that you have full legal capacity and authority under applicable laws to agree and bind yourself to these Terms. If you are using the Services on behalf of another party (for example: a company or an organisation), you represent and warrant that you have the authority to enter into these Terms on behalf of such party and bind such party to these Terms.
These Terms may be updated by us from time to time with notice to you and the Terms, as amended, shall apply to you. You can always review the most current version of the Terms on the Platform. By creating an account on the Platform or by using any of the Services (defined below) provided on the Platform, you acknowledge and confirm that you have read, understood, and completely agree to the Terms in effect from time to time. Your use of the Services after any changes to the Terms shall be deemed to constitute your acceptance of the changes to the Terms.
The following terms shall mean:
The User is aware that while the primary mode of communication between the Parties shall be through the Platform, notwithstanding anything contained herein, the User may be contacted by the Company or any of its affiliates by any alternative means of communication, including without limitation the User’s mobile phone and email address, as set out in the Policy. The User agrees and acknowledges that to the extent he/she accesses the Services through a mobile device:
In the event the User changes or deactivates his or her telephone number, the User agrees to promptly update the account information on the Platform.
Although the Content and material on the Platform are based on reliable sources, the Company does not make any express or implied representation, warranty, or guarantee as to the accuracy, correctness, validity, reliability, or completeness of any such Content and material.
Some of the statements contained on the Platform may be “forward-looking statements” which show, among other things, business strategies, plans for growth, and future operations. The User understands that all forward-looking statements involve risk and uncertainties because they relate to events that may or may not occur in the future. The User understands that the Company will not be responsible for any loss incurred by the User by placing reliance on these forward-looking statements and no assurance can be given that any predictions of future performance will prove to be correct.
The access and use of the Platform are personal to you and your organization (if any.) Except as specifically permitted by these Terms, the User is restricted from reselling, assigning, distributing, transferring, or otherwise provide the access to your User Account, your Login ID, and/or Password to any third party. The User is solely responsible for safeguarding and maintaining the confidentiality of their Login ID and Password. The User is also solely responsible for any activity from its User Account, whether or not such activity is authorized or not. The User should immediately notify the Company of any unauthorized use of the User Account.
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Platform or the App or both (or any part thereof) with or without notice or with or without cause. The User agrees and acknowledges that the Company shall not be liable to the User or to any third party for any such addition, modification, suspension, or discontinuation of any of the Services. To protect the integrity of the Services, the Company reserves the right to block users from certain IP addresses from accessing the Services, at any time.
The User agrees to release, indemnify and hold the Company and its affiliates and its officers, employees, directors, and agents harmless from any and all losses, damages, and expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) the User’s use of the Services and/or Platform, (ii) a breach of any provision of these Terms by the User or any person using the Services on behalf of the User, (iii) any information the User provides to the Company, or (iv) any third-party claim to the extent arising from or connected with an allegation that your use of the Services infringes any rights of a third party.
In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not we had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services. We reserve the right to assume exclusive control of its defense, and of any matter otherwise subject to indemnification by the User, in which event the User will fully cooperate with the Company in connection therewith, and hereby expressly agrees to bear the cost thereof. Under no circumstances will the aggregate liability of the Company exceed INR 10,000.
The User agrees that no action of the Company, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these Terms. The Company’s failure to failure to exercise or enforce its rights hereunder or any provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
The User shall not distribute, license, sell, transfer, or assign your rights or obligations hereunder to others in any manner without the Company’s prior written consent. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.
No third party shall have any rights to enforce any terms contained herein.
The Company shall have no liability to the User if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions, or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the Company’s workforce or any other party), failure of a utility service or telecommunications network, the act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
The Company makes no representation that the Content contained on the Platform is appropriate or to be used or accessed outside India. If you do use or access outside India, then you agree and accept that such use or access is at your own risk and are responsible for compliance with the laws of such jurisdiction.
The User agrees that the laws of India shall govern these Terms and the courts of Mumbai shall have the exclusive jurisdiction.
The User and the Company shall operate on a principal-to-principal basis and no relationship in the nature of the partnership, employment, joint venture, agents, or of the like nature is intended or purported.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by contacting us via email: email@example.com