RESTAURANT PARTNER TERMS & CONDITIONS
1. Definitions & Scope
"Merchant" or "Restaurant Partner" refers to the entity listed on the Platform.
"Net Order Value" means the total amount paid by the Customer minus taxes, delivery charges, and packaging fees.
"Electronic Payment Mechanism" refers to payment processing via Razorpay. BRISKO does not store credit/debit card data; all transactions are encrypted through our payment gateway partner.
"Logistics Services" refers to the delivery services provided by BRISKO’s network of Delivery Partners.
2. Restaurant Obligations & FSSAI Compliance
Food Quality: The Restaurant Partner warrants that all food and beverages provided are of high quality, fit for human consumption, and compliant with the Food Safety and Standards Act, 2006 (FSSAI) and its rules and regulations.
Packaging: Restaurants must ensure that food is packed in tamper-evident, pre-packaged goods containers as per FSSAI safety standards.
Menu Accuracy: The Merchant is responsible for the categorization of the menu. They must update the Platform immediately if an item is out of stock to avoid Customer disappointment.
Order Management: Upon receiving an order status, the Restaurant must Accept or Reject the order within the stipulated time. If an item is unavailable, the Restaurant may contact the Customer to suggest a replacement or clarify details.
3. BRISKO’s Obligations
Hosting & Generation: BRISKO will provide the software services to host the restaurant's menu and generate demand through the Platform.
Payment Transfers: BRISKO will transfer the amounts received from Customers to the Restaurant Partner after deducting the agreed commission and fees.
Best Efforts: BRISKO will use its best efforts to display the restaurant accurately and assign logistics services (delivery partners) efficiently.
4. Payment & Compensation Policy
Weekly Restaurant Payouts: All payments due to the Restaurant Partner will be settled on a weekly basis (every Monday/Tuesday for the previous week’s sales).
Monthly Delivery Payouts: Delivery Partners will be paid on a monthly basis (or as per their specific agreement).
Cancellation Policy: If an order is cancelled by the Customer after the Restaurant has started preparation, the Restaurant Partner may be eligible for compensation as per the Compensation Policy available in the Merchant Panel.
5. Dignity & Anti-Discrimination Policy
Respect for Partners: The Restaurant Partner shall respect the dignity and diversity of Delivery Partners.
No Discrimination: There shall be zero tolerance for discrimination against any Delivery Partner on the basis of race, religion, caste, gender, or any other characteristic.
Secure Environment: Restaurants must provide a secure and fearless environment for Delivery Partners when they arrive for order pickups.
6. Operational Rules
No Interference: Restaurant Partners shall not attempt to bypass the BRISKO Platform or use automated scripts/web crawlers to access our data.
Merchant Application: The Merchant must ensure all information provided in the sign-up form is accurate and true.
FSSAI MANDATORY DISCLOSURES
Restaurant License Display: BRISKO ensures that every Restaurant Partner displays their valid FSSAI License/Registration number on their digital menu page. Customers can verify this number via the official FSSAI portal.
Food Safety Connect App: In compliance with FSSAI 2026 guidelines, BRISKO provides a direct link/QR code to the "Food Safety Connect" App on our platform. This allows customers to verify restaurant credentials or report food safety concerns directly to the government.
Invoice Compliance: Your digital invoice/receipt from BRISKO will clearly mention the FSSAI number of the Restaurant Partner and BRISKO’s Central License number.
RESTAURANT MENU & HYGIENE
Menu Categorization: Restaurant Partners must provide a detailed list of food items, including accurate descriptions of ingredients and allergens.
Hygiene Standards: Restaurants are solely responsible for maintaining the hygiene of their kitchen and the quality of raw materials used. They must follow the Food Safety Management Plan as prescribed by FSSAI.
Tamper-Proof Seals: For all deliveries, restaurants must use secure, tamper-evident packaging. If a seal is broken, the Customer should not accept the order.
DELIVERY PARTNER PAYMENT & ONBOARDING
Onboarding Verification: All Delivery Partners must undergo a mandatory background check, including verification of their Driving number and vehicle type and pan card
Payment Cycle: * Restaurant Partners: Settlements are made Weekly (to the registered bank account provided during onboarding).
Delivery Partners: Service fees are settled Monthly (calculated based on completed deliveries and distance).
Training (FoSTaC): BRISKO encourages all delivery personnel to complete the basic FoSTaC (Food Safety Training & Certification) to ensure they handle food according to Indian safety standards.
COMMISSION, FEES, AND TAXATION
1. Restaurant Partner Commission
Service Commission: BRISKO shall charge a commission of [Insert Your % - e.g., 18%] on the Net Order Value (base price of food) for providing demand generation and platform services.
Payment Collection Fee: A fee of 2% to 3% shall be applied to cover electronic payment mechanism costs (Razorpay).
GST on Commission: In accordance with the Central Goods and Services Tax Act, an 18% GST will be levied on the Commission and Platform Fees charged by BRISKO to the Restaurant.
2. Delivery Partner Charges (Logistics)
Distance-Based Pricing: Delivery charges are calculated based on the distance between the Restaurant and the Customer's location:
Base Slab (0–5 km): Standard delivery fee applies.
Long Distance (5–10 km): Additional per-kilometer surcharge applies.
Beyond 10 km: Special long-distance rates apply to ensure partner viability.
Surge Fees: During periods of high demand, rain, or late-night hours, a "Surge Fee" may be added, which is passed entirely to the Delivery Partner.
3. Platform Fee & Taxes (Customer)
Platform Fee: A fixed fee of ₹12.00 (inclusive of GST) is charged to the Customer per order for platform maintenance and operational costs.
GST on Restaurant Services: As per Notification No. 17/2021 (Section 9(5) of the CGST Act), BRISKO is liable to collect and remit 5% GST on behalf of the Restaurant Partner for the food supplied.
GST on Delivery: As per the 2026 amendments, the delivery service portion of the bill attracts 18% GST, which is itemized separately.
4. Tax Deducted at Source (TDS) under Section 194-O
Mandatory Deduction: In compliance with Section 194-O of the Income Tax Act, 1961, BRISKO (as an E-Commerce Operator) shall deduct 1% TDS on the gross amount of sales facilitated through the platform for all Restaurant Partners.
PAN Requirement: If a valid PAN or Aadhaar is not provided by the Restaurant Partner, the TDS deduction rate shall increase to 5% as per Section 206AA.
Reporting: TDS certificates (Form 16A) will be issued quarterly to the Restaurant Partners for the tax deducted and deposited with the Government.
DISCLAIMERS
"As-Is" Service: The BRISKO platform and all services are provided on an "as-is" and "as-available" basis. We do not guarantee that the app will be error-free or uninterrupted at all times.
No Warranty on Food: BRISKO is a technology aggregator. We do not provide any warranties regarding the quality, taste, hygiene, or safety of the food provided by Restaurant Partners.WE COLLECT FSSAI LICENSE AND APPROVE WITH RESTAURANT
Third-Party Info: While we try to keep the information (like menus and photos) accurate, we are not responsible for any inaccuracies provided by our Restaurant Partners.
WE KEEP THEIR FSSAI,PAN CARD DETAILS ,BUSSINESS DETAILS FOR LEGAL AND REGULATORY COMPLIANCE AND BANK DETAILS FOR PAYMENT SETTLEMENTS
LIMITATION OF LIABILITY
Indirect Damages: To the maximum extent permitted by law, Ashfaq Ulla Khan G F and the BRISKO team shall not be liable for any indirect, incidental, or consequential damages (including loss of profits) arising from your use of the platform.
Maximum Liability: In any event, our total liability to you for any claim arising out of your use of the platform shall not exceed the amount you paid for the specific order that gave rise to the claim.
Partner Actions: We are not liable for the actions or omissions of any Restaurant Partner or Delivery Partner, including delays, wrong items, or deficiencies in service.
MODIFICATIONS
Right to Change: BRISKO reserves the right to modify these Terms & Conditions at any time. Any changes will be effective immediately upon being posted on this Google Site or within the app.
User Responsibility: It is your responsibility to check these terms periodically. Your continued use of the app after changes are posted constitutes your acceptance of the new terms.
TERMS AND TERMINATION
Duration: These Terms remain in effect as long as you use the BRISKO app or maintain an active account.
Suspension: We may suspend or terminate your access to the Services immediately, without notice, if you breach these Terms, engage in fraudulent activity, or if we decide to discontinue the service in your area.
Survival: Sections regarding Intellectual Property, Liability, and Governing Law shall survive the termination of your account.
MISCELLANEOUS
Governing Law: These terms are governed by the laws of India. Any disputes will be settled in the courts of Karnataka.
Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining parts will continue to be valid.
Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and BRISKO.