Terms and Conditions

1. Introduction

BillMart FinTech Private Limited ("BillMart" or "Company" or “Platform”), operates a Platform that allows the Employee / Pensioners users to track their salary/pension and enables them to withdraw on credit, the accrued salary/pension at any point of time at an agreed Fees for which credit is extended by Non-Banking Financial Companies (NBFC/s) with whom BillMart has arrangements.

BillMart FinTech Private limited is an intermediary as defined under Section 2 (w) of the Information Technology Act, 2000 and these Terms of Use are in consonance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

By using the Platform including but not limited to accessing or visiting or browsing the website, User indicates the acceptance to these Terms and Conditions (Terms) and agrees to abide by them. The Terms constitute a legal agreement between You, as the User / visitor of the Platform and BillMart.

The reference to the term 'Platform' includes, but is not limited to, all the mobile app, web app, content, data, reports, analysis, views, codes, etc. available or accessible on the Platform. The Platform is not available to persons who are not legally eligible to be bound by these Terms.

Additional agreement(s) may apply to use certain services through the Platform. Such agreement(s) will be disclosed to the User in connection with the applicable service or activity. Any such supplemental agreements are in addition to these terms, and in the event of a conflict, prevail over these Terms.

By clicking "Join Now”, "Sign Up”, registering, accessing or using the Platform, you agree to enter into a legally binding contract and be bound by the present Terms. If you do not agree to any of the Terms, you should not click "Join Now” (or similar) and should not access or otherwise use the Platform. If you wish to terminate this agreement at any time, it can be done by closing the user account and no longer accessing or using the Platform.

Even otherwise, when you use the Platform, you agree to all of these Terms. The use of the Platform is also subject to Platform's other policies including but not limited to Privacy Policy which covers how Platform collects, uses, shares and stores personal information of users.

Users acknowledge that you have read these Terms, the other Policies including but not limited to Privacy Policy and agree to all its terms and conditions.

BillMart reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms. We shall notify You of any updates or changes in the Terms. Post such notification, it shall be your responsibility to review the updated Terms. Your continued use of the Platform following the posting of changes to the Terms and the aforementioned notification shall be deemed to mean that you have reviewed the updated Terms and accept and agree to the updated Terms.

Platform reserves the right to terminate Your Account/this agreement and/or refuse to provide You with access to the Platform if it is brought to Platform's notice or if it is discovered that you are not eligible to use the Platform.

These Terms and Conditions shall be deemed to be an electronic record laying down the mutually acceptable terms for use of Platform by You. Being an electronic record generated by or through a computer system, it does not require any physical or digital signatures.

2. Definitions

• “Applicable Law” includes all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders, requirement or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, of any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question.
• "Employee” shall mean any person employed in full time service with the Employer, having a minimum service/employment history of 3 months with the Employer and a fixed salary.
• "Employer” shall mean any organization or entity who employs the User Employee, or who pays Pension to the Pensioner with whom BillMart has a separate agreement for facilitating extension of Advance Facility and who has agreed to repay the Advance Facility to NBFC by debiting the salary/pension of the User Employee/pensioner, on behalf of the User Employee/pensioner.
• "Fees" shall mean the charges payable by the User Employee to NBFC for availing the Salary Advance Facility.
• "NBFC” shall mean the Non-Banking Financial Company who has agreed to consider providing the Salary/Pension Advance Facility to the User Employee subject to the User Employee, executing the Salary Advance Facility Documents and paying the Fees.
• “RBI” shall mean the Reserve Bank of India.
• "Products and Services” shall mean products, features, services, technologies, software etc. that are being offered on the Platform.
• "Pensioner" means and includes a former employee who is currently drawing pension from the Employer.
• “Pension” shall mean and include the recurring monthly payments paid to a Pensioner by the Employer.
• "Repayment Account" shall mean a bank account designated by the NBFC for collection of all the sum of money due to be repaid by the User Employees and wherein the Employer would deposit the said sums after deducting the same from the salary of the User Employee.
• "Salary /Advance Facility" shall mean the amount sanctioned in the form of loan/credit facility as advance salary/Pension subject to appraisal by the NBFC and Platform and agreed to be disbursed to the User Employee by NBFC as per Salary Advance Facility Documents; irrespective of whether such disbursement is in whole or parts, as per the request of the User Employee through the Platform.
• "Salary/Advance Facility Documents” shall mean the Agreements or any other document (as amended, restated or modified from time to time) executed by the User Employee with NBFC for the grant of Salary Advance Facility, capturing the terms and conditions for the grant of Salary Advance Facility by NBFC including but not limited to loan application, facility/loan/credit facility agreement, security documents, etc. or any other document stipulated by NBFC from time to time.
• "Salary" shall mean the net monthly salary after all statutory and other deductions.
• "User Employee” shall mean any Employee employed with the Employer, who are registered users of the Platform and have agreed to draw advance salary by availing Salary Advance Facility from NBFC, on the basis of data made available to the Platform.
• "User" shall mean and include all registered users of the Platform.

These Terms set out the binding terms and conditions for use by a User Employee (“You”) of the BillMart and the related services as defined herein below.

3. Acceptance of Terms

1. These Terms and Conditions contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in the Platform, including advertisements, third party applications and internet links, and all content and Services available through the Platform. These Terms and Conditions shall also govern the financial transactions between the Users of the Platform. The Terms and Conditions described below incorporate the Privacy Policy and apply to all Users of the Platform.
2. In addition to the Terms and Conditions, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that the Company may set forth from time to time, including without limitation, any product specific policy and any other restrictions or limitations that the Company publishes on the Platform (the “Additional Policies”). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of these Terms and Conditions or the documents referenced herein, including any Additional Policies, the Company, in its sole discretion, may terminate Your User Account at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.
3. The Platform along with the Products and Services are licensed and not sold (hereinafter together referred to as "the License”) to You for use only and solely in line with present Terms.

4. User Account

1. You will need to create a user account (“User Account”) to use the Platform and Product and Services. As part of the Account opening process, you have to provide your name, gender, date of birth, age, phone number, photograph, other personal details, an e-mail address and a password etc. which is to be used for logging into the User Account in the future. Further, in order to avail the Salary Advance Facility, You will have to inter alia provide details including but not limited to your employee identification number with the Employer, official email id, your employment history with the Employer, attendance details, KYC details (PAN, Aadhar Card, Address Proof, Salary Slip, account details and bank statements, income tax returns etc.), if You are a User Employee.
2. You hereby agree and undertake that You shall be solely responsible for all activities that occur on Your User Account and You shall notify the Company immediately of any breach of security or any unauthorized use of Your User Account. Similarly, You shall never use another’s User Account without the Company’s permission. You agree that You will not misrepresent Yourself or represent Yourself as another User of the Platform and /or the Services offered through the Platform. 
3. You hereby expressly acknowledge and agree that You (and not the Company) will be liable for Your losses, damages etc., (whether direct or indirect) caused by an unauthorized use of Your User Account. Notwithstanding the foregoing, You may be liable for the losses of the Company or others due to such unauthorized use and the Company will not be responsible for misuse of Your User Account by any third party, whether authorized by You or not.

5. Account Policies

You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):

1. You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers” etc., to access the Platform, for any purpose, without the Company’s prior written approval.
2. You shall not in any manual or automated manner, collect information, personal or otherwise, of any other User on the Platform including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text or content, or otherwise misuse or misappropriate the Platform’s information or content, including but not limited to, use on a “mirrored”, competitive, or Third Party Website, except with the prior written consent of the Company or through a lawful and valid communication with such other User through any valid communication channel provided on the Platform.
3. You shall not take any action that (i) unreasonably encumbers or, in the Company’s sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses the Company’s measures that are used to prevent or restrict access to the Platform.
4. You shall not frame or hotlink or deep link any contents from the Platform.
5. You agree neither to collect or harvest any personally identifiable data, including without limitation, names or other User Account information, from the Platform, nor to use the communication systems provided by the Platform for any use other than as intended under the Platform and in accordance with the Privacy Policy.

6. Eligibility and conditions of use

You explicitly agree, represent and warrant that you:

1. Can enter into legally binding contracts, are not "incompetent to contract" under the Indian Contract Act, 1872 and have the capacity to enter into the present contract.
2. Shall not give access to your respective User Account to others or transfer User Account to anyone else.
3. You or your User Account has not previously been disabled by BillMart for violations of its terms or policies.
4. Are not prohibited from using the Platform or the Products and Service under Applicable Laws or orders/directions/judgments of courts.
5. Shall not do anything that is unlawful, misleading, discriminatory or fraudulent.
6. Shall not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of Platform or interfere with or circumvent the security features of the Platform or the Products and Services or any related mobile application, other mobile applications, or the Internet.
7. Shall not access or collect data from Platform using automated means or attempt to access data for which there is no permission to access.
8. Shall not breach these Terms or any other Terms and policies that apply to use of Platform.
9. Agree, undertake and covenant that, during the use of the Platform, you shall not use, host, display, upload, modify, amend, publish, transmit, update or share any information or content including but not limited to User Content that:

   a) Belongs to another person or entity and in relation to which you do not have any right.

   b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

   c) Is misleading or false in any way.

   d) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".

   e) Infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address, phone number, photographs) or rights of publicity.

   f) Provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses and malware such as spyware, worms, trojans, etc.

   g) Tries to gain unauthorized access or exceeds the scope of authorized access to Platform or to account information of other Users etc.

   h) Engages in commercial or business activities including but not limited to activities for gain, contests, sweepstakes, barter, advertising etc.

   i) Interferes with another user's use of the Platform.

   j) Contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

   k) Harms minors in any way;

   l) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.

   m) Is a misuse or unauthorized use of the Platform or is a use prohibited by law or is unlawful.

7. Availing of the Products and Services

1. You may, after opening an Account on the Platform, apply for Salary Advance Facility by submitting your request on the Platform through a form on the Platform which shall contain the details of the proposed Salary Advance Facility including but not limited to the amount, the date of repayment, mode of disbursement etc. (hereinafter referred to as the "Application Form”).
2. As a part of the application for Salary Advance Facility you shall be required to provide details and documents relating, including but not limited to, income, pension, employment or professional status, such other information as NBFC may require in terms of the KYC Regulations applicable to it ("Preliminary Information”).
3. You hereby also authorize the NBFC and Platform to share relevant information including Personal Data with third parties to get your credit information report from one or more credit information companies, from time to time.
4. You shall also be required to sign and execute the Salary Advance Facility Documents, as may be required by the NBFC, from time to time.
5. The Application Form, Preliminary Information, Salary Advance Facility Documents and other reports/information shall thereafter be provided to the NBFC for the purpose of KYC and e-KYC verification and/or to such other verification by any agency such as lawyers, search clerks, accountants or valuers as may be appointed or designated by the NBFC.
6. Pursuant thereto and subject to due diligence/approval by the NBFC, the Salary Advance Facility may be extended to You subject to your agreeing to pay the Fees as provided for in the Salary Advance Facility Documents.
7. You agree and understand that the Salary Advance Facility would be extended strictly in terms of the Salary Facility Documents executed between You and the NBFC, along with the present Terms and the Privacy Policy.
8. While terms of repayment shall be as set out under the Salary Advance Facility Documents, by accepting these Terms and Conditions you acknowledge and explicitly consent and irrevocably authorize the Employer to deduct the amount of the Salary Advance Facility, interest accrued thereon as per the Salary Advance Facility Documents and the Fees, whenever the same are due as per the Salary Advance Facility and deposit the same in the Repayment Account as designated by the NBFC. Subsequently, the Employer may deduct such due amount from Your Compensation Entitlement. In case the Employer does not make the repayment or makes payment of an amount lesser than the amount due on the Salary Advance Facility availed by You, You hereby authorize the Company / NBFC to directly collect such due amount from you, including by way of E-NACH mandate provided by You in accordance with the terms of Salary Advance Facility Documents. 
9. The present Terms, Privacy Policy, Application Form, Salary Advance Facility Documents and all other documents executed by You shall form the entire understanding for the purpose of extension of the Products and Services.

8. License to use

As long as You comply with these Terms and other policies including but not limited to Privacy Policy, BillMart grants you a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Platform and Product and Services.

You may not rent, lease, lend, sell, redistribute, sublicense or exploit in any manner (commercial or otherwise), the Platform for any purpose including but not limited to any business or commercial use. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform and/or Products and Services, any updates or any part thereof. The terms of this License will govern any upgrades provided that replace and/or supplement the original Platform and/or Products and Services, unless such upgrade is accompanied by a separate license in which case the present Terms and the terms of the license for that upgrade will govern.

9. Permissions, consent and authorizations

You hereby agree, permit, consent, authorize and provide:

1. A non-transferable, non-sublicensable and limited right to BillMart to use, store, copy, update, process, and share information, details, documents etc. relating to you, that you provide on or through the Platform with your voluntary and informed consent solely to provide the earned Salary Advance Facility. You agree and provide your consent to share your information accessed by BillMart provided on or through the Platform for providing the earned Salary Advance Facility, for the following purposes:

   a) For extending and facilitating the earned Salary Advance Facility.

   b) For KYC verification and authentication by agencies duly authorised by BillMart.

   c) For legal and regulatory purposes.

   d) For providing you an improved and a better user experience.

   e) Further, sharing your information with any third party for purposes except as outlined above shall be subject to prior intimation and your consent.

2. Consent and authorize the Employer to share the required data, that may include Your attendance data, projects worked on and other such details to enable calculation of maximum Salary Advance Facility that You may be eligible to draw.
3. Consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, You further authorize Company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents, or third-party service providers.
4. Consent to verify the credentials of the User at the time of creation of a User Account, in a manner the Company deems fit.
5. Consent to using 3rd party service to verify KYC details including PAN (through NSDL or other portals), phone number and bank account.
6. Specific consent to share the Application Form, Preliminary Information, all other details and information relating to You including personal information and KYC documents etc. with the NBFC.
7. Consent to collect and share the duly executed Salary Advance Facility Documents, repayment cheques/NACH/ECS etc., with the NBFC, on your behalf.
8. Consent to the receipt of communication from BillMart or the NBFC by way of, including but not limited to SMS, e-mails, through WhatsApp and newsletters. This consent and permission shall supersede and prevail over any preferences set or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
9. Consent to the Company to access and use for the purposes as outlined in this Privacy Policy, device-related information which includes but is not limited to device ID, IP address, hardware model, operating system and version, device name, unique device identifier, mobile network information, and details about the device's interaction with the services being offered by the Company from time to time.
10. Consent to store the trail of logins/logouts from the Platform so that an audit trail can be maintained for the purposes of security and compliance with Applicable Laws and these Terms and Conditions.
11. Consent to allow or disallow registration or creation, use or access of User Account of any User on the Platform, at its sole discretion, with or without cause and make such rules as may be required or deemed fit for the use of the Platform or Services in the event of disallowing or discontinuation of use or access of the User Account.
12. Consent to provide, disclose or transfer such information and documents to any third parties including service providers, to provide their services through the Platform.
13. Consent to aggregate such data available on the Platform, including but not limited to information, documents, web-crawling, master file or any other aggregated data set of skills, trends, domain knowledge or User preferences for use of the same by the Company for any lawful purpose whatsoever.
14. Consent to verify the credentials of your User Account from time to time to authenticate or verify your credentials and prevent impersonation or misuse of the User Account or the Platform. In the event of non-verification or invalidation of emails, credentials as provided in this clause, the Company will be entitled to take such corrective action as may be required to allow or disallow continued use of the Platform or any part thereof.
15. Consent to process, aggregate, analyze, benchmark, share, transfer or use the data in such manner as it deems fit;
16. Irrevocably authorize the Employer to deduct, at source, the amount of Salary Advance Facility, interest accrued thereon as per the Salary Facility Documents (if any) and the Fees and deposit the same in the Repayment Account designated by the NBFC towards repayment to the NBFC.
17. Permission to track your location and any unusual frequent changes in location, in order to ensure that the repayment of the Salary Advance Facility, interest accrued thereon as per the Salary Facility Documents and the Fees can be pursued and ensured. The said tracking shall continue during the provision of the Products and Services, and even in case You discontinue, stop or cease to use or avail the Products and Services, through deletion or uninstallation of the Platform or otherwise, till the event the amount due to the NBFC stands repaid in full.
18. Consent to receive sponsored content and show ads that Platform thinks will be relevant to you. Platform may use Your personal data and/or information to help determine which ads to show to You.
19. Platform may access, use mobile contact book of the user from their hand-held device to empower users to share the app with their coworkers and promote financial wellness at work.
20. End user consents to the collection and usage of their publicly available data.
21. Such other rights as may be required to control the use, misuse or abuse of the Platform in any manner or in order to comply with, of avoid non-compliance of, these Terms and Conditions, Privacy Policy and Applicable Laws.

10. Intellectual Property Rights

1. User acknowledges and agrees that the Company owns all legal right, title and interest in and to the Platform, including any all patents, designs and drawings, trademarks, service marks, logos, domain names and utility models, copyrights, inventions, brand names and business names and any similar rights and the benefit (subject to the burden) of any of the foregoing (including applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world) which subsist in the Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The said Intellectual Property Rights are owned by BillMart or third-parties and all rights, titles, and interests in and to such property will remain solely with Platform or third parties, as the case may be. Your use of Platform or Products and Services grants you no right or license to reproduce or otherwise use any Platform or third-party Intellectual Property Rights. You cannot copy, post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information of BillMart, third parties etc.
2. User further acknowledges that the Services may contain information which is designated confidential by the Company and that User shall not disclose such information without the Company’s prior written consent. Unless the User has agreed otherwise in writing with the Company, nothing in these Terms and Conditions gives the User a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

11. Links to Third Party Applications or Websites

The platform may contain links and interactive functionality interacting with the websites or applications of third parties including but not limited to payment gateways, links to advertisements etc. However, the Company does not control or monitor such Third-Party Websites. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such third-party website or application. The Company shall not be liable or responsible for any such interactions that you may have with any such third-party websites, applications or links etc.

12. Disclaimer of warranties and liabilities

You expressly acknowledge and agree that your use of the Platform shall be at your own risk and that the entire risk as to satisfactory quality, performance, accuracy etc. is with you. To the fullest extent permitted by law, the Company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers and agents disclaim all warranties express or implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this Platform. Any information or material contained or presented on this Platform is provided to you on an “as is”, “as available” and “where is” basis with all faults and without warranty of any kind.

BillMart hereby disclaims all warranties and conditions with respect to the Platform and Products and Services, either express or implied including, but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement of third party rights. BillMart does not warrant against interference with your enjoyment of the Platform and Products and Services, that the functions contained in, or services performed or provided by the Platform will meet your requirements, that the operation of the Platform or Products and Services will be without delays, disruption or imperfections, uninterrupted or error-free, or that defects in the Platform will be corrected. BillMart shall not be liable under any circumstances for damages arising out of or related in any way to your inability to access, or your difficulty in accessing the Platform, any hacking attacks, malware infection, bugs, viruses, trojans, or the like, which may be transmitted to or through the Platform by any third party (even though all efforts will be made to secure the Platform); any loss of your data or your failure to keep your password or User Account details secure and confidential.

BillMart shall have no responsibility for any damage to your mobile handset or computer system or loss of data that results from the download of any content, materials, document or information.

13. Limitation of liability

To the extent not prohibited by law, in no event shall BillMart be liable for personal injury or any exemplary, incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, information, content, personal loss, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Platform or Products and Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if BillMart has been advised of the possibility of such damages. Notwithstanding anything contained herein or the Privacy Policy or any other policy, in no event shall BillMart's total liability to you for all and any damage, losses, claims etc. exceed the amount of Fees paid by you to the NBFC for availing the Salary Advance Facility.

14. Indemnification

You agree to defend, indemnify and hold harmless the Company, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) incurred or arising from your use of, access to, and participation in the platform; your violation of any provision of the terms and conditions, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or breach of your express or implied representations and warranties. This defense and indemnification obligation will survive these terms of service and your use of the Platform.

15.Force Majeure

Notwithstanding anything contained herein or the Privacy Policy or any other applicable policy, BillMart shall under no circumstances be held liable for any damages, losses, loss of Products and Services etc. resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, acts of nature, failures of internet or computer/telecom equipment, change in regulations such as RBI regulations, or other government regulations, riots, epidemics, storms, civil disturbances, floods etc.

16.Termination

The agreement is effective until terminated by You or BillMart. You can terminate this agreement at any time by closing the user account and no longer accessing or using the Platform or Products and Services.

You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate User Account, block User’s email or IP address, cancel the Platform or otherwise terminate User’s access to or participation in the use of the Platform (or any part thereof),  immediately and without notice, for any reason, including without limitation, User Account inactivity or if the Company believes or has reason to believe that the User has violated any provision of the Terms and Conditions or Privacy Policy or it is discovered that you are not eligible to user the Platform.

17. Effect of Termination

Upon termination of the User Account, the User’s right to participate in the Platform shall automatically terminate. In the event of termination, the User Account will be disabled, and the User may not be granted access to the User Account or any files or other data contained in User Account. Notwithstanding the foregoing, residual data may remain in the Company’s system. Upon termination of service, User’s access to the Platform shall be immediately revoked. In case of any termination by either You or the Platform or in case of deletion, uninstallation, discontinuation of use of the Platform, You will not be absolved from your obligation and liability of repaying the outstanding dues including but not limited to the amount of the Salary Advance Facility, interest accrued thereon as per the Salary Advance Facility Documents and the Fees, to the NBFC nor any rights of recovery in relation thereto would be waived of. The provisions of these Terms and Conditions which by their very nature are intended to survive termination, shall survive expiration or termination of the Platform or User Account.

18. Governing Law, Jurisdiction and Arbitration

1. The formation and interpretation of these Terms, Privacy Policy or any other applicable policy and any disputes arising in relation thereto shall be governed the laws of India. Courts at Mumbai, Maharashtra, India shall have exclusive jurisdiction in or in relation to any matter arising under the present Terms or connected policies including but not limited to the Privacy Policy. However, this shall not limit the right of BillMart to take proceedings in any other court of competent jurisdiction of its choice.
2. In the event of disputes, differences or claims arising out of or in connection with these Terms and/or the other applicable policies including but not limited to Privacy Policy or in any way relating hereto or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation thereto, BillMart and You shall first endeavor to settle such differences, disputes or claims by amicable settlement and failing such settlement, the same shall be resolved by arbitration by a sole Arbitrator to be appointed mutually by BillMart and You. The arbitration proceedings shall be held in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The place of Arbitration shall be Mumbai, and the proceedings shall be conducted in the English language.

19. Amendments and Modifications

BillMart reserves the right to modify these Terms or policies including but not limited to Privacy Policy relating to the Platform or Products and Services at any time, effective upon posting of an updated version of these Terms or the said policies, as the case may be, on the Platform. Upon doing so, the revised updated date shall be reflected at the top of the page containing the Terms or the said policies. Continued use of the Platform or Products and Service after any such changes shall constitute your consent to such changes to the Terms or said policies.

20. Assignment

The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.

21. No Agency or Partnership

No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions or Your use of any part of the Platform, including without limitation, the contract between the Users. You do not have any authority whatsoever to bind the Company in any respect. All Users are independent contractors and are neither employees nor contract labour of the Company. Neither the Company nor any Users of the Platform may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.

22. Consent for Receipt of Phone Calls, SMSs and/or E-mails

It is further clarified that Your registration on the Platform shall be deemed to be Your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by You and (ii) by way of SMS or email notifications or messages in any other electronic form.

23. No Third-party Beneficiaries

You agree that, except as otherwise expressly provided in the Terms and Conditions, there shall be no third-party beneficiaries to the Terms and Conditions.

24. Entire Agreement

The Terms and Conditions, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Platform, shall constitute the entire agreement between You and the Company concerning the Platform.

25. Severability

If any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

26. No Waiver

No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such a right or provision.

27. Mechanism for Grievance Redressal

Grievance Officers Details

BillMart FinTech Private Limited

E-mail: compliance@billmart.com

Address: BillMart FinTech Private Limited, 1102, K P Aurum, Marol Maroshi Road, Marol Naka, Andheri (East), Mumbai - 400059