Terms Of Use

(a) By (i) using the Platform or availing the Services provided through the Platform in any way; or (ii) browsing the Platform, the user is deemed to have read, understood and accepted the T&C as well as the privacy policy which is available on the Platform.

(b) The user acknowledges that by accessing and using the Platform and availing any of the Services, it agrees to be bound by the T&Cs. The T&C establishes a relationship between the company and the user, whereby the user shall act in the capacity as may be mutually agreed between the user and company.

(c) In the event the user is not agreeable to the T&C, it shall not access the Platform or avail the Services.

(d) The T&C contained herein expressly supersede all prior agreements or arrangements between the company and the user.

(e) The user understands that the access to the Platform and the offer of Services is conditional upon the user's irrevocable consent and acceptance of all the terms, conditions and obligations contained in the T&C (as may be amended from time to time). For utilising the Services, the user agrees to enter into or execute any document, agreement or terms and conditions which is required by the company and agrees to abide by such document or agreement or terms and conditions while utilising the services on the Platform.

(f) By accessing the Platform, the user hereby agrees to receive communication regarding registration on the Platform or Platform Services (including but not limited to any promotional, transactional messages) through Email and/or SMS and/ or any other electronic medium, third party channels (including WhatsApp) from the company.

(a) By agreeing to the T&C and by availing the Services, the user represents that it is lawfully able to enter into contracts (if an individual) or has the legal authority to enter into contracts on behalf of the body corporate/company/partnership.

(b) The user acknowledges in relation to the Services that the company is merely providing a platform for facilitating the transactions between the user and the financial institutions(FIs) on the Platform and shall in no manner be liable or responsible for any such transactions or be construed as an agent of the user in relation to the Services.

(c) The user acknowledges and agrees that any use of the Platform and the availing of the Services is at the sole risk of the user.

(d) The user acknowledges and agrees that it is solely responsible for its data uploaded to or transmitted through the Platform, as well as, the consequences of uploading or transmitting its data onto or through the Platform.

(e) The user acknowledges, represents, and warrants that with respect to any data posted on or transmitted through the Platform:

(i) It has all necessary licences, rights, consents, and permissions to upload, transmit, or publish such data and that it grants company, express, irrevocable licence and authorization to use such data for the Services; and

(ii) Any use by the company of the data uploaded, transmitted, or published by it on the Platform will not constitute infringement of any third party's rights, over such data posted or transmitted through the Platform.

(f) The user agrees and acknowledges that it is solely responsible to the company and to any counterparties for any breach of its obligations under the T&C and for the consequences of any such breach (including any loss or damage which company may suffer).

(a) The user acknowledges and agrees that the profile of the user created on the Platform may be visible to other users on the Platform and to the company.

(b) The company reserves the right to reject any request for creation of an account on the Platform, at its sole discretion without assigning any reason.

(c) The user is solely responsible for maintaining the confidentiality and security of its account including its password, user name or any means of authentication and for restricting access to its device/computer to prevent unauthorized access to its account.

(d) The user is solely responsible for all the activities that occur under its account or through the use of its password, user name or any means of authentication. The user must immediately notify the company if it becomes aware of any unauthorized use of its account or password or any other breach of security.

(e) The user acknowledges and agrees that the company may use certain technologies from time to time, to track the activity of the users on the Platform.

The user shall not:

• Upload, post, email, transmit, share or otherwise make available any content (including personal information) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of the right to privacy (including but not limited to bodily privacy), hateful, or racially, ethnically, religiously, or otherwise objectionable;
• Upload, post, email, transmit, share or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right(s) of any party;
• Download any file/content that the user knows, or reasonably should know, cannot be legally distributed;
• Violate the T&C, any applicable or local law or regulations, or any code of practice or other guidelines issued by any relevant regulatory or other authority;
• Create derivative works from any information on the Platform;
• Use any data mining, crawling, robots or similar data gathering or extraction methods on the Platform;
• Use the Platform to collect or store personal data about other users in connection with any prohibited activity;
• Use any meta tags or any other hidden text utilising the name or trademarks of the company without the express written consent of the company;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Platform;
• Provide another user's personal information without such user's consent.

(a) The user acknowledges that any and all information and data exchanged between the company and the user/client is confidential in nature.

(b) The user shall maintain the confidentiality and secrecy of the information received from the company and the data that is accessible through the use of the Platform.

(c) Neither party shall disclose the confidential information to any third party without the prior written approval of the other party, unless required by any governmental authority or as per applicable law.

(d) The user is obligated to protect, by reasonable means, such confidential information and data.

(e) The user is further obligated to protect, by reasonable means, its/his user name and password to prevent any unauthorized access.

(a) The collection of any data by the company from the user shall be subject to the company's data protection and privacy policy.

(b) The company takes reasonable measures to protect the confidentiality, integrity and security of the personal data and information.

(c) The company will ensure that all personal data and personal information it collects and stores (and any personal data and personal information collected and stored by its third party service providers) will be held securely and will be held and processed strictly in compliance with all applicable law.

(a) The company shall not be liable for any damages of any kind arising from the use of the Platform, or from any information, content, materials, or services included on or otherwise made available to the user through the Platform.

(b) The company shall not be liable for any errors, omissions, interruptions, deletion of files, defects, delays in operation or transmission, unauthorized access to or alteration of user data, or any other failures of performance whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the company records, programs or services.

(c) The user acknowledges that the company acts only as a provider of intermediary services and is not responsible for the quality, safety, or legality of the products or services offered by the counterparties.

(d) The company provides the Platform on an "as is" basis without any warranties or guarantees, whether express or implied.

(a) The company may, in its sole discretion, consider requests for refunds of any fees or charges paid by the user.

(b) Any refund requests must be made within 7 days of the transaction date.

(c) The company reserves the right to reject any refund request without assigning any reason.

(a) The user shall not assign or transfer any of its rights or obligations under the T&C to any third party without the prior written consent of the company.

(b) The company may assign or transfer its rights and obligations under the T&C to any third party without the consent of the user.

(a) The company takes reasonable measures to protect the security of the data and information provided by the user.

(b) The user acknowledges that no method of transmission over the internet or electronic storage is 100% secure and the company cannot guarantee absolute security.

(a) All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of the company and is protected by Indian and international copyright laws.

(b) The user shall not reproduce, distribute, or create derivative works from any content on the Platform without the prior written consent of the company.

(a) The user acknowledges that any communication or transaction with the counterparties is solely between the user and the counterparty.

(b) The company shall not be responsible for any communication, transaction, or dispute between the user and the counterparty.

(a) The user shall be solely responsible for all taxes, duties, levies, or assessments imposed by any governmental authority in connection with the use of the Platform or the Services.

(b) The company shall not be responsible for any tax liability of the user.

(a) The company reserves the right to modify, amend, or update the T&C at any time without prior notice to the user.

(b) The continued use of the Platform by the user after any modification to the T&C shall constitute acceptance of the modified T&C.

(a) The company may temporarily suspend or permanently terminate the access of the user to the Platform and the Services at any time, without prior notice, for any reason, including but not limited to:

• Violation of the T&C;
• Illegal or unauthorized use of the Platform;
• Request by law enforcement or other government authorities;
• Discontinuation of the Platform or the Services.

(b) Upon termination, the right of the user to access or use the Platform or the Services shall immediately cease.

(a) The Platform and the Services are provided on an "as is" and "as available" basis without any warranties of any kind, whether express, implied, or statutory.

(b) The company does not warrant that the Platform or the Services will be uninterrupted, timely, secure, or error-free.

(c) The company does not warrant the accuracy, completeness, or reliability of any information obtained through the Platform or the Services.

(a) Neither the failure to exercise nor any delay in exercising any right, power, privilege or remedy under the T&C shall in any way impair or affect the exercise thereof or operate as a waiver thereof in whole or in part.

(b) No single or partial exercise of any right, power, or privilege under the T&C shall prevent any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.

Unless repugnant to the context, the terms used in the T&C have the following meaning:

"company" means Nxfin Technologies Private Limited (including its successors and assigns)

"user" means

(a) In case of an individual, any person who has an account on the Platform; or

(b) In case of persons other than individuals,

(i) An entity who holds an account on the Platform, and who may access the Platform through its representatives or authorised officials; or

(ii) An entity on whose behalf any authorised representative or person may hold an account on and access the Platform.

"Counterparty" means any person with which the user:

(a) Enters into any arrangement/contract/agreement with, pursuant to or by way of the Services or the Platform; and/or

(b) May potentially enter into any arrangement/contract/agreement with, by availing the Services on the Platform.

"Force Majeure Event" includes any act, event, non-happening, omission or accident beyond the reasonable control of company and includes, without limitation, the following events:

(a) Strikes, lock-outs or other industrial action;

(b) Riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) Impossibility of the use of public or private telecommunications networks or internet services; and

(e) The acts, decrees, legislation, regulations or restrictions of any government, as may be applicable.

"Platform" means the Nxcar platform launched by the company for offering Services to the user.

"Personal Data" shall have the same meaning as ascribed to the term "Sensitive Personal Data or Information" under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (as amended from time to time).

"Services" means the product or services offered by the company through the Platform, including but not limited to facilitation interaction between the user and Counter parties to enable them to enter into transactions, including (without limitation) for securitisation, direct assignments, or any other product or services offered.