Last Updated on: March 07, 2022
Thank you for using / visiting www.billmart.com ("Platform"). The Platform is operated by BillMart FinTech Private Limited ("BillMart" or "Company"). "You" (Visitor/User) (whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms) means you individually or the entity you represent (and as applicable, the users).
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) like Master Service Agreement may apply to use certain services through the Platform. Such agreement(s) will be disclosed to You 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.
1. The Platform
The Platform is a unique FinTech platform with a vision to disrupt trade credit, building universal infrastructure for digital lending and providing a digital lending ecosystem supported by machine and human intelligence backed data insights and one of its kind technologies for seamless, cost-efficient, end-to-end digital transactions.
1.2. Use of the Platform:
1.2.1. The Company permits You to use the Platform rightfully subject to the validity of the Terms.
1.2.2. Visitor who wishes to use one or more of the services and/or one or more of the products presented on the Platform can contact us to ascertain the contractual obligations or conditions and charges applicable to those products and/or services.
1.2.3. If You are interested to use Platform and/or other services, in order to have full functionality or additional features of the Platform, You will be required to register and setup an account and sign additional agreement(s) like Master Service Agreement with the Company to become registered user on the BillMart Platform. In case of a conflict between the Terms and the specific conditions governing stated under the relevant Master Service Agreement, the specific conditions of relevant Master Service Agreement shall prevail.
1.2.4. Upon your successful onboarding to the Platform, the Company would grant access to the Platform or certain parts of it, which would allow You / Permitted Users to use features of the Platform.
1.2.5. The Platform would allow You to add more user accounts (Permitted Users) to control or manage certain features of the Platform The Permitted Users on setting up their account agree for the Company to store their respective credentials.
1.2.6. You / Permitted Users acknowledge that he/she is legally eligible and has the skill and resources necessary to gain access to this Platform and use it. In case, You / Permitted User is accessing the platform on behalf of the entity, necessary authorization is obtained from such entity to abide by the Terms.
1.2.7. You represent that all the information provided by You / Permitted User is true, correct, and accurate and You shall inform us of any change / amendment in such information from time to time. In addition, in case, you are using this Platform on behalf of the entity, you agree to keep us updated of any change / amendment in such authorization from such entity
1.2.8. You are responsible for:
(i) actions taken by Permitted Users or by any other person using user accounts added under Your subscription or by any other user using, accessing, or reviewing the Platform using Your accounts and passwords.
(ii) Your user information.
(iii) Compliance to the Terms by the Permitted Users'.
1.2.9. If You believe that Your use has been compromised including any unauthorized access to or use or disclosure of any account information, passwords, user names or login credentials, You must notify the Company vide means including but not limited to communicating in accordance with the means prescribed by the Company.
1.3. Content of the Platform
1.3.1. We strive to ensure the accuracy, updating and exhaustiveness of the information on the Platform and reserve the right to change the content or presentation of the Platform at any time and without notice.
1.3.2. We cannot be held liable for any decision made on the basis of information contained on the website.
1.3.3. Certain people or certain countries may be allowed only restricted access to the products and services presented on the Platform.
1.4.1. The Company may from time to time (a) modify the Terms, or (b) cease providing any service on the Platform.
1.4.2. The changes will become effective on the date published or as notified but in no case be less than 30 days after the date, we publish notice of those changes or modifications (except for new functionality which may take effect immediately).
1.4.3. The continued use of the Platform after the effective date of any change will be deemed acceptance of the modified Terms.
1.5. Optional Feedback
You may provide comments and suggestions regarding the Platform, but You are not required to do so. If you provide comments or suggestions, the Company may use that feedback without restriction, and You hereby irrevocably assign to us all right, title, and interest in and to that feedback. Subject to the preceding sentence regarding any feedback you provide, providing any comments and suggestions does not grant us any rights in your intellectual property.
2. Data Security
2.1. 2.1.You are responsible for taking and maintaining appropriate steps to protect the confidentiality, integrity, and security of Your use of the Platform. Those steps include (a) controlling access you provide to Your user accounts and Permitted Users, (b) configuring the Platform appropriately, (c) backing up Your user information.
2.2. You are responsible for providing any necessary notices to every user of the Platform, who provides their credentials to be a Permitted User.
3. Third Party Services
3.1.1. When using the Platform in conjunction with other third party services, You will comply with the terms of service of such third party services including any separate fees or charges imposed by the provider of the third party service.
3.1.2. The Company shall not be liable for any termination, breach of terms or suspension of service resulting from your use of the Platform.
3.1.3. The Company also holds discretion to suspend or terminate provision and hosting of any third party service at any time; and that such suspension or termination would not be deemed to be a material change.
3.1.4. You may be able to access and view third party websites / apps through Platform. The links are provided for your convenience only and may not be updated at all times.
4.1. You assume full responsibility for Your and your Permitted Users' use of the Platform in accordance with this Agreement and with applicable local, state, federal, national, and international laws, regulations and treaties, and warrant that you have obtained all rights in the user information to authorize the Company to input, process, distribute and display the user information as contemplated by these Terms.
4.2. You will not, and ensure that your Permitted Users will not,
use the Platform or user information for any use or purpose that:
(i) is obscene, libelous, blasphemous, defamatory, inciting hatred, terrorism, or any similar offence.
(ii) infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity).
(iii) contains any data that You do not have a right to upload into the Platform.
(iv) is in violation or may encourage any manner of acting that would violate any applicable local, state, national and foreign laws, treatises, and regulations; or
(v) may drive or encourage any third party to do any of the above.
4.3. You will not, and will ensure that your Permitted Users will not:
(i) use the Platform for non-business related purposes or abuse the Platform;
(ii) resell, transfer, grant others permission to use the Platform, pledge, lease, rent, or share Your rights under these Terms (including without limitation to any of your affiliates);
(iii) modify, remove, or amend Company's name or logo, update, reproduce, duplicate, copy all or any part of the Platform;
(iv) make any of the Platform or Your user information available to anyone other than your employees and consultants for use for your benefit as intended pursuant to these Terms, or use any Platform for the benefit of anyone other than You;
(v) use the Platform in any way that restricts or inhibits the use of the Platform;
(vi) access or attempt to access any of the Company's systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Platform or any of the Platform's security and traffic management devices; or
(vii) attempt to decompile, disassemble, re-engineer or reverse engineer the Platform or otherwise create or attempt to create or permit, allow, or assist others to extract source code of the Platform, its structural framework or allow or facilitate a third party, to violate or infringe any rights of the Company;
(viii) transmit any unnecessary information or unwanted electronic communication viz. spam to other users of the Platform;
(ix) misuse your right to the Platform by introducing viruses, trojans, worms or other material likely to cause harm to the Platform.
4.4. If the Company reasonably believes that a problem with the use of the Platform may be attributable to Your use of the Platform, You must cooperate to identify the source of the error and resolve the same.
4.5. You may not access or use the Platform if you are a direct competitor of the Company, or for monitoring the Platform's availability, performance, or functionality, or for any other benchmarking or competitive purposes.
5.1. The Platform may be under constant upgrades, and some functions and features may not be fully operational.
5.2. You agree and understand that the information displayed on the Platform is for information purposes only and does not to amount to any advice.
5.3. We disclaim any liability arising due to the vagaries that can occur in the electronic distribution of information.
5.4. You acknowledge that third party services are available on the Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services, nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's services.
5.5. We do not, in any way, endorse any information or service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
5.6. You assume all responsibility and risk with respect to your use of the Platform. The services are available "as is," and "as available". you understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations, and endorsements, express or implied, with regard to the Platform, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose.
5.7. 5.7.We use reasonable efforts to make available the Platform for a continuous and uninterrupted use. We do not warrant or in any way guarantee, use of the Platform will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability, or usefulness of the information disclosed or accessed through the services. Further, we may from time-to-time perform service maintenance and use reasonable efforts to schedule system down-time to off-peak hours to avoid service interruption and delays.
6. Proprietary Marks
6.1. Ownership of the Platform
6.1.1. All parts of the Platform are protected by copyrights, trademarks, and other proprietary rights, as a collective work or compilation, pursuant to laws and international conventions ("Intellectual Property Rights"). The Company owns all right, title and interest in the Platform and any related improvements, enhancements, modifications and derivative works of them and all Intellectual Property Rights in all of them. Your rights to use the Platform are limited to those expressly granted in these Terms.
7.1. Each of You and the Company represents, warrants, and covenants to the other that: (a) it has the full corporate right, power, and authority to enter into and perform and accept these Terms, and such execution and performance does not and will not violate any other agreement to which it is a party, and (b) these Terms constitute its legal, valid and binding obligation.
7.2. EXCEPT AS EXPRESSLY PROVIDED ABOVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE PLATFORM MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THE PLATFORM WILL GENERATE ANY RESULTS OR CONSEQUENCES; OR (III) WHETHER YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
8.1. "Confidential Information" means all information provided by a party to other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure and excluding any information that was or has become publicly available without the receiving party's actions or inactions.
8.2. The Company's confidential information includes, without limitation, the Platform's features, functionality and performance and any feedback.
8.3. Your Confidential Information does not, for purposes of the Terms, include Your user information. If you disclose Your user information to us or if the access to Your user information is permitted by these Terms, including for purposes of providing support to you, the Company will use the same standard of care with respect to that data as it uses to protect its own Confidential Information.
8.4. Each party would hold the other party's Confidential Information in strict confidence and not make available the other party's Confidential Information available to any third party unless to the extent required by applicable law, implement adequate security measures to ensure against unauthorized access to use or copying of each other's Confidential Information and notify the other party in writing of any misuse or misappropriation of the other party's Confidential Information of which the receiving party may become aware.
9.1. You agree to indemnify and hold us and our affiliates, successors and assigns, officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs, and expenses (including attorneys' fees), resulting from your use of the Services and / or any violation of this Terms. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Platform and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement, or compromise negotiations, as requested by us.
10.1. You may not assign or transfer rights arising out of these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of the Company. Any attempted assignment or transfer of the rights arising out of these Terms without such written consent will be void and will be a breach of the Terms. Subject to these limitations, the Terms will bind and inure to the benefit of the parties and their respective successors and assigns.
11.1. Any notice given by the Company under these Terms will be given (a) via email to the email address associated with Your account; or (b) any other method agreed upon the parties.
11.2. You must direct notices arising out of Your use of the Platform requiring support or an address to the grievance to via the email associated with Your Account to the following email ID: E-mail: email@example.com Attn.: Compliance Officer
11.3. You must direct notices arising out of any condition that requires a notice to be sent to the Company under these Terms the following: - Postal Address:1102, K P Aurum, Marol Maroshi Road, Marol Naka, Andheri (East), Mumbai - 400059
12. Force Majeure
12.1. Neither You nor the Company would be liable for any delay or failure to perform its obligations under the Terms, except for Your payment obligations, due to any cause beyond Your or the Company's reasonable control including labour or other industrial disputes or disturbances, systemic electrical, telecommunications or other utility failures, earthquakes, storms, floods or other acts of natures, embargoes, riots, acts or orders of government, acts of terrorism or war, or outbreak of any disease declared as an epidemic or a pandemic by the relevant authority resulting in a situation making it reasonably difficult to perform its obligations under these Terms.
13.1. The language used in the Terms is English and the English language version governs any conflict with a translation into any other language.
14. Independent Parties & Third-party Rights
14.1. The Company and You are independent parties, and the Terms is not to be construed to create a partnership, joint venture, agency, or employment relationship between us. Neither You nor the Company not any of our respective affiliates, officers, directors, or employees, is an agent of the other for any purpose or has an authority to bind the other.
14.2. Other than as expressly provided in the Terms, the Terms do not create any rights for any person who is not a party to it, and only parties to the Terms may enforce any of its terms or rely on any exclusion or limitation contained in the Terms.
15. Governing Law & Jurisdiction
15.1. The Terms will be governed by the law of India, without regard to any conflicts of law principles.
15.2. The Parties consent to the exclusive jurisdiction and venue in the courts of Mumbai, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court where such infringement has occurred.