Terms and Conditions

1. Introduction

   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).

   Please read the terms and conditions carefully. By using the Platform including but not limited to accessing or visiting or browsing the website, You indicate the acceptance to these Terms of Use (Terms) and agree to abide by them. The Terms constitute a legal agreement between You, as the user / visitor of the Platform and Company. If you do not agree to these Terms, please refrain from using this Website.

   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 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.

   BillMart and You shall hereinafter be individually referred to as a “Party” and jointly as the “Parties”.

   By using this Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and all other applicable policies, including but not limited to the Terms and Conditions and the Privacy Policy.

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

   BilllMart 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 BillMart’s notice or if it is discovered that you are not eligible to use the Platform.

   These Terms of Use shall be deemed to be an electronic record laying down the 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

   1. “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.
   2. "Employee” shall mean any person employed in full time service with the Employer, having a fixed salary and have onboard themselves on the Platform.
   3. "Employer” refers to any organization or entity that employs the Employee and has entered into a separate arrangement with BillMart to facilitate the extension of Loan Facilities to the Employee through the Financer. The Employer agrees to remit the Loan Amount to the Financer by deducting the corresponding amount from the Employee’s salary or pension.
   4. "Loan Facility" refers to the financial assistance provided by the Financer to the Employee through the Platform, in accordance with this Agreement and the applicable Transaction Documents.
   5. “Loan Amount” shall mean the amount of Loan Facility as per respective Transaction Documents.
   6. “Loan Agreement” shall mean an agreement, by whatever name called, executed between the Employee and Financer containing the general Terms and Conditions of the Loan Facility.
   7. "Financer” shall means such persons or entities registered/partnered with the Platform, engaged in providing Loan Facility/ies through the Platform.
   8. “Financer Bank Account” refers to the designated bank account of the Financer used for receiving repayments and any other amounts payable in connection with the Loan Facility extended through the Platform.
   9. "Products and Services” shall mean products, features, services, technologies, software etc. that are being offered on the Platform.
   10. "Transaction Documents” means this Agreement, Sanction Letter, Loan Agreement, documents provided for availing Loan Facility, Privacy Policy, Terms and Conditions, specific document submitted by the Employer or Employee as per requirement of the Financer, documents contemplated in this Agreement and such other document issued / identified as a transaction document by the Platform.
   11. "Users" shall mean and include all registered users of the Platform.
   12. “User Account” shall have the meaning ascribed to the term in Clause 4.3.

3. Acceptance of Terms of Use

   1. These Terms of Use contain provisions that define Your legal rights and obligations with respect to Your use and participation on the Platform, including advertisements, third party applications and internet links, and all content and Products and Services available through the Platform.
   2. You hereby acknowledge and agree that if You fail to adhere to any of these Terms of Use or the documents referenced herein, 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 its Products and Services, is licensed to You (and not sold) and may be used solely in accordance with these Terms of Use (hereinafter collectively referred to as the ‘License’).

4. Conditions for use of platform and availing services

   1. It is clarified that the continuity of registration on the Platform shall be subject to fulfilling the due diligence and other requirements of Platform from time to time. BillMart shall have the right to call You, at any time, to submit such information or documents as it may reasonably require to satisfy that You are entitled to be registered and continue to be registered on the Platform.
   2. It is hereby expressly clarified that BillMart shall be entitled to terminate this Agreement and the registration on the Platform in accordance with the provisions of Clause 14 in the event BillMart is of the opinion that You fail to satisfy the requirements for registration to the sole satisfaction of BillMart.
   3. Pursuant to completion of the onboarding process You shall be provided with a unique online user account(s) associated with the Platform and access to such unique online user account(s) (“User Account”), in order to undertake the relevant actions.
   4. You hereby agree and undertake that you will not transfer or share your Account details and password with anyone. The confidentiality of your username and password is to be maintained by you as your sole responsibility and in case of any misuse or unauthorised access of the Account you shall be solely liable for the same. Further, in case of any such misuse or unauthorized access it would be your responsibility to immediately inform and notify BillMart.

5. User Eligibility and condition of use

   You explicitly agree, represent and warrant that:

   1. You 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. You 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. You are not prohibited from using the Platform or the Products and Service under Applicable Laws or orders/directions/judgments of courts.
   5. You shall not do anything that is unlawful, misleading, discriminatory or fraudulent.
   6. You shall not breach these Terms or any other terms and policies that apply to the use of Platform.

6. Availing of the Product and Services

   1. As a part of the application for Loan Facility you shall be required to provide details and documents, including but not limited to, income, pension, employment or professional status, such other information as Financer or Platform may require ("Preliminary Information”).
   2. You hereby also authorize the Financer and Platform to share relevant information including personal information with third parties to process the your loan application.
   3. You shall also be required to sign and execute the Transaction Documents as may be required by the Financer and Platform.

7. 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 facilitate the Loan Facility.
   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 amount that You may be eligible to draw.
   3. Consent to the receipt of communication from BillMart or the Financer 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).
   4. Consent to provide, disclose or transfer such information and documents to any third parties including service providers, to provide the services through the Platform.
   5. Consent to process, aggregate, analyze, benchmark, share, transfer or use the data in such manner as it deems fit.
   6. Permission to track your location and any unusual frequent changes in location. 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 Financer stands repaid in full.
   7. 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.
   8. Platform may access, use mobile contact book of the user from their hand-held device to empower users.
   9. End user consents to the collection and usage of their publicly available data.
   10. 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 of Use, Terms and Conditions, Privacy Policy and Applicable Laws.

8. Intellectual Property Rights

   1. The User acknowledges and agrees that the Company retains all legal rights, title, and interest in and to the Platform, including without limitation all intellectual property rights subsisting therein. Such rights include, but are not limited to, all patents, copyright, moral rights, database rights, design rights (whether registered or unregistered), utility models, trademarks, service marks, trade names, brand names, business names, domain names, logos, inventions, trade secrets, know-how, source code, object code, software, firmware, hardware, system architecture, algorithms, data structures, graphical user interfaces, designs, drawings, documentation, specifications, and any derivative works or improvements thereof, together with any applications, rights to apply for, and benefits (subject to the burden) of the foregoing in any jurisdiction worldwide, whether registered or unregistered, existing now or arising in the future. 
   2. 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.
   3. The User acknowledges that the Products and Services may contain information designated as confidential by the Company. The User agrees not to disclose, share, or otherwise make such confidential information available to any third party without the Company’s prior written consent. Unless expressly agreed in writing by the Company, nothing in these Terms grants the User any rights, title, or interest to use the Company’s intellectual property or proprietary assets, including but not limited to its trade names, source code, object code, trademarks, service marks, logos, domain names, brand identifiers, designs, or any other distinctive brand features.

9. Links to Third Party Applications or Websites

   1. The platform may contain links and interactive functionality interacting with the websites or applications of third parties. 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.

10. Disclaimer of warranties and liabilities

    1. 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.
    2. 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.
    3. BillMart does not warrant against interference with your use of the Platform and Products and Services, that the functions contained, 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, uninterrupted or error-free, or that defects in the Platform will be corrected.
    4. 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.
    5. 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.

11. Limitation of liability

    1. 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.

12. Indemnification

    1. 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, 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.
    2. This defense and indemnification obligation will survive these terms of service and your use of the Platform.

13. Force Majeure

    1. 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.

14. Termination

    1. 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.
    2. 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 or Privacy Policy or it is discovered that you are not eligible to user the Platform.
    3. 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 Loan Amount, interest or any charges accrued thereon and as provided in the Transaction Documents, nor any rights of recovery in relation thereto would be waived of. The provisions of these Terms which by their very nature are intended to survive termination, shall survive expiration or termination of the Platform or User Account.

15. Governing Law and Jurisdiction and Dispute Resolution

    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.
    2. Any disputes arising out of or in connection with this Terms shall be resolved amicably through mutual discussions, failing which the Parties agree that the disputes will have to be resolved through a Sole Arbitrator to be jointly decided by the parties in accordance with the Arbitration & Conciliation Act, 1996. The seat and venue of such arbitration shall be Mumbai, India.

16. Assignment

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

17. No Agency or Partnership

    No agency, partnership, joint venture, or employment is created as a result of the Terms 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.

18. No Third-party Beneficiaries

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

19. Entire Agreement

    The Terms, together with the Terms and Conditions, 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.

20. Severability

    If any provision of the Terms 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, which shall remain in full force and effect.

21. No Waiver

    No waiver of any provision of these Terms 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 shall not constitute a waiver of such a right or provision.

22. 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