Acceptance of Terms of Use
This website is owned and operated by Nehat Tech Solutions Pvt. Ltd. and is referred to in these site terms as “EnKash” or “Nehat” or “us” or “we”.
Please read these terms of use before using this website. By accessing and using this site, you accept these terms of use, the privacy statement, notices and disclaimers (collectively the “Terms of Use”) and your use of this site is subject to the Terms of Use. Where you represent another person or entity when accessing and using this site, you warrant that you are authorised to accept these Terms of Use on behalf of that other person or entity.
From time to time, we may modify these Terms of Use by posting modified Terms of Use on this website. Any amendment is effective from the date it is posted on this website. Any terms and conditions proposed by you are expressly rejected by us and are of no force and effect.
Our commitment to privacy Protecting consumer privacy is very important to us. Our online Privacy Statement is available to inform you about our use and disclosure of personal information collected through this website on or after the effective date shown above.
We believe that information used responsibly benefits consumers and the economy, whether it is information we house on behalf of consumers conducting transactions or information we collect on behalf of our business clients. In addition, we strive to better serve our customers by offering goods and services that we believe fit their needs and interests. When identifying an opportunity, we may use aggregated consumer information in an effort to identify customers who may be interested in that opportunity.
These policies guide us in the collection and use of information as well as setting our employee's responsibilities in protecting your privacy. We use personal information about consumers, customers and users only in a manner consistent with these policies.
Cookies
A "cookie" is an identifier that we transfer to users’ computer hard drive through users’ web browsers to enable our systems to recognise users’ browsers and interact more efficiently with customers’ and users’ computers.
This website uses cookies only to aggregate information about the pages that users visit so that we can update and redesign this website, as necessary, in order to provide you with the most useful information.
We do not disclose domain name or aggregate information to third parties other than related bodies corporate and vendors who assist us with this website and who are under strict confidentiality requirements. You can generally configure your browser to accept or reject all cookies or notify you when a cookie is used. We suggest that you refer to your browser instructions or help screens to learn more about these functions, bearing in mind that if you configure your browser so as to not receive anycookies the functionality of this web site will be lost and may affect the functionality of other web sites.
Collection of personal information The nature of the personal information we collect about you online is generally comprised of your name, mailing address, e-mail address phone number, the company you represent and is strictly limited to the information that you voluntarily provide to us and that is collected by use of Cookies as described above. We use the personal information you supply to us on this website to:
• Contact you so that we can provide you with the information you have requested), assess and process any application you make for services, provide services to you and administer services provided to you;
• Perform our administrative operations, including accounting, risk management, record keeping, archiving, systems development and testing, credit scoring and staff training;
• Validate the user’s rights to view the information provided. This information is also used by us as an audit of activity against your entity’s information and records.
We also may use and hold personal information, which is provided to us in connection with services that you request, for the purposes (as relevant) of:
• Complying with legislative and regulatory requirements or as otherwise permitted or authorised by law;
• Considering any other application, you may make to us;
• Managing our rights and obligations in relation to external payment systems e.g. acquiring banks, issuing bank, credit card schemes and debit payment schemes;
• Conducting market and customers satisfaction research;
• Developing, establishing and administering alliances and other arrangements (including rewards programs) with other organisations in relation to the promotion, administration and use of our respective products and services; and
• Developing and identifying products and services that may interest you.
If you provide information about another person to us, you warrant that you are authorised to do so and that you will inform that person of who we are and that we will use and disclose their information as set out in this Privacy Statement. If you provide incomplete or inaccurate information to us, we may not be able to provide you with the services you are seeking.
We do not seek to collect nor store information about anyone’s ethnic origins, political or religious beliefs, trade union membership, sexual preferences or criminal record. If you provide these and other types of sensitive information to us, then by doing so, you consent to our collection of that information and to the use and disclosure of that information as set out in this privacy policy.
Use and disclosure of personal information Information collected by us in relation to electronic transactions is used to process those transactions and so will be disclosed to the parties to the transaction, their respective financial institutions and third parties involved in the transaction chain. Other information is used to provide and administer the provision of services to you, managing our rights and obligations under contracts and at law, systems development and testing, in connection with alliance arrangements and identifying and marketing the products or services provided by us, our related bodies corporate or alliance partners that we think may be of interest to you and telling you about them. If you do not want to receive this information, please let us know.
In common with many other businesses, we use agents and other third parties to conduct certain activities on our behalf and provide certain services to us. For this purpose, we may need to provide these third parties with your personal information. The types of organisations to which we may disclose customer’s, consumer’s or user’s personal information includes:
• Our agents, contractors and external advisers whom we engage from time to time to carry out, or advise on, our functions and activities and you authorise them to seek disclosure of your credit information for this purpose;
• Your agents and contractors, including your referees and your legal or financial advisor, executor, administrator, trustee, guardian or attorney if you authorise them in writing to seek disclosure of this information;
• Your franchisor (if applicable) and any person or organisation that introduces you to us;
• Any other financial institution with whom you have a current account;
• Regulatory bodies, government agencies, multi-jurisdictional agencies, law enforcement bodies and courts;
• Debt collecting agencies;
• Other organisations with whom we have alliances or arrangements, (including reward programs) for the purpose of promoting our respective products and services;
• Anyone supplying goods and services to you in connection with a rewards program or other alliance associated with the facility;
• External payment systems operators and participants (eg. credit card payment systems (eg. Visa or MasterCard) or debit payment systems);
• Your and our insurers or prospective insurers and their underwriters;
• Your co-applicants, sureties, guarantors and prospective co-applicants, sureties, guarantors and co-guarantors for the purposes of considering whether to provide a guarantee and indemnity or security;
• Any person considering purchasing a contract entered into by you from us and that person’s advisers, persons involved in assessing the risks and funding of the purchase and, after purchase, the purchaser and any manager on an ongoing basis;
• Any person to the extent necessary, in our view, in order to carry out any instruction you give to us; (Unless you tell us not to) other organisations including our related bodies corporate (and our agents and their agents) for the marketing of their products and services. Where such disclosure occurs, we will require these third parties to keep your information confidential and use it only for the purposes for which we are permitted to use it. In addition, we may be required or permitted by law to use and disclose your personal information, (such as disclosures to law enforcement bodies and government agencies to prevent fraud or other malicious activities).There may also be circumstances in which we consider a customer or user has, by their actions, released us from our duty of confidentiality or has consented to the disclosure of personal information about them without actually stating that this is the case.
Commercial Electronic Messages By giving us your electronic address/account, you consent to us sending to you commercial electronic messages in order to provide you with information and tell you about products and services, including those of third parties, which we consider may be of interest to you. You warrant that you have authority either as or on behalf of the relevant electronic account holder to provide this consent and that we may continue to send commercial electronic messages to you addresses until you withdraw your consent.
We are committed to protecting the confidentiality of personal consumer information We limit access to your personal information to those of our employees and employees of our related bodies corporate and our alliance partners who need your personal information to fulfil their business responsibilities. Such employees must adhere to our privacy policies. Employees violating these policies may be subject to disciplinary action, up to and including dismissal. Our service providers and other outside contractors are subject to contractual requirements to ensure that your personal information is safeguarded.
We use appropriate security safeguards At Nehat, security is a priority. We employ appropriate measures to protect personal information against unauthorised access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security and other appropriate technologies. We continually review and enhance our security systems as necessary. As such, we may ask you to identify and authenticate yourself when accessing this website or when dealing with you through other media. We are not responsible for any information that may be lost if we terminate your browser session during prolonged periods of inactivity whilst accessing this website.
Requests for access If you require access to your personal information maintained by us, please contact us at sales@enkash.com. If we cannot give you access to your personal information, we will give you reasons. Cardholders requesting information may also wish to contact their issuer institution with their access request as their card issuer would hold more complete information about them. The card issuer institution may also seek cardholder personal information from us and forward it to the cardholder.
Where information is collected by us directly from consumers or sources other than our business customers, we will permit such sources, if possible, to dispute or correct any erroneous, incomplete or out-of-date personally identifiable information. Of course, this correction is not possible if the information is proprietary to one of our business customers, reflects historical transaction information or if correction would violate the privacy or legal rights of a third party. Where applicable, we abide by laws related to such information. You can also correct factual errors in your personally identifiable information by login in your account (if such access is provided to you) or sending us a written request that credibly shows error. We reserve the right to independently verify any such claims made. To protect your privacy and security, we will also take reasonable steps to verify your identity before making corrections. In the event that we are unwilling to correct personal information, we will provide you with the reasons for our decision.
We reserve the right to charge for providing you any information in connection with your request (although such a fee will not apply to the lodging of a request for access).
Consent We may use and disclose personal information provided to us about users, customers and cardholders to third parties as described earlier in this Privacy Statement. Where we collect information through this website, you will be asked whether you consent to the use and disclosure of your personal information as described earlier in this Privacy Statement. To change your selection, update your contact details or retrieve and change your registration information, please contact us using the contact details shown on this website. We hold ourselves accountable to our privacy principles. We may alter this Privacy Statement as needed for certain products and services and to abide by local laws or regulations. We reserve the right to amend or modify this Privacy Statement from time to time. We urge you to review this Privacy Statement whenever you visit in order to obtain the most current statement.
Intellectual Property All present and future rights in and to trade secrets, patents, copyright, trademarks, service marks, know-how and other proprietary rights of any type arising at law, including rights in and to all applications and registrations relating to this website (including but not limited to all data contained on this website relating to you and your associated customer (“Data”), information, text, look and feel, material, graphics, software and advertisements) (the “Intellectual Property Rights”) shall, as between you and us, at all times be and remain the sole and exclusive property of Nehat Tech Solutions Pvt. Ltd. You assign upon creation all Intellectual Property Rights to us.
You do not acquire any rights or licences in or to the Intellectual Property Rights, this website and materials contained within this website other than the limited right to use this website in accordance with the Terms of Use. You agree to protect the Intellectual Property Rights of Nehat Tech Solutions Pvt. Ltd. and all others having rights in this website during and after the term of this agreement and to comply with all reasonable written requests made by Nehat Tech Solutions Pvt. Ltd. or its suppliers of content (including Data) (“Content”), equipment or otherwise to protect their and others’ contractual, statutory and common law rights in this website.
Revisions of Data
You and Your associated customer are responsible for all revisions to the Data executed by you. You accept responsibility as a representative of your Associated Customer and represent your Associated Customer in all access and use of this website. You acknowledge and agree that Nehat Tech Solutions Pvt. Ltd. relies in good faith on any revisions to the Data executed by you and does not take any steps to verify the accuracy of any revisions to the Data executed by you.
Disclaimer
Whilst we have and will continue to make great efforts to include accurate and up to date Content on this website, we make no warranties or representations, express or implied, as to the accuracy or completeness of the Content contained or referenced therein and all Content is provided to you “as is”. Any warranties regarding the Content or other services provided, which may be implied by law, statute or otherwise are excluded to the fullest extent permitted by law. You agree that your use of this website is at your sole risk and acknowledge that this website and anything contained within this website, including but not limited to, Content, services, goods or advertisements are provided in their then state and condition, subject to all latent and patent defects. We exclude all warranties except for all non-excludable statutory warranties. We do not warrant that this website is compatible with your equipment or that this website is free from errors or viruses, worms or “Trojan horses’ and is not liable for any damage you may suffer as a result of such destructive features. You agree that Nehat Tech Solutions Pvt. Ltd, its suppliers and its third-party agents shall have no responsibility or liability for:
• (a) Any injury or damages, whether caused by the negligence of Nehat Tech Solutions Pvt. Ltd, its employees, subcontractors, agents, suppliers or otherwise arising in connection with this website and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Nehat Tech Solutions Pvt. Ltd by any other party; or
• (b) Any fault, inaccuracy, omission, delay or any other failure in this website caused by
your computer equipment.
Links to Third Party Websites The content of other websites, services, goods or advertisements that may be linked to this website is not maintained or controlled by us. We are therefore not responsible for the availability, content or accuracy or privacy practices of other websites, services or goods that may be linked to, or advertised on, this website. Where this website contains hyperlinks to websites operated by third parties these linked websites are not under the control of us and we are not responsible for the contents of any linked website. We provide these hyperlinks to you for convenience only and the inclusion of any link does not imply any endorsement of the linked website by us. You link to any such website entirely at your own risk. We do not:
• (a) Make any warranty, express or implied, with respect to the use of the links provided on, or to, this website;
• (b) Guarantee the accuracy, completeness, usefulness or adequacy of any other website, services, goods or advertisements that may be linked to this website; or
• (c) Make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to this website.
This website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. All third-party advertising is paid for by the relevant third-party advertiser, which you can accept by linking to the third- party advertisers and are not recommendations or endorsements by us. The third- party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services you agree to purchase from the third-party website. We are also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access this website. You understand that we and/or third-party contributors to this website may choose at any time to inhibit or prohibit their content from being accessed under the Terms of Use. Limitation of Liability As the Internet relies on telecommunications services, we cannot guarantee that this website will always be available or free from fault, errors or viruses. The Terms of Use govern our provision and your use of this website. Our liability for the provision of this website and the goods and services via this website is limited to supplying the services again or reinstating the availability of the website or paying the cost of having the services supplied again or in the case of goods, re-supplying the goods or replacement goods or paying the cost of having the goods supplied again. You agree that you use this website at your sole risk. You agree that any Content downloaded by you is done so entirely at your own risk and you shall be solely responsible for the consequences of downloading any such Content. Under no circumstances, including but not limited to negligence, shall we, our suppliers and our third party agents be liable to you for indirect, incidental, consequential, special, punitive or exemplary damages even if our authorised representative has been advised specifically of the possibility of such damages, arising from use of or liability to use the service or any links or items on the service or any provision of the Terms of Use, such as but not limited to, loss of revenue or anticipated profits or lost business. Under no circumstances, including but not limited to negligence, shall we, our suppliers and our third-party agents be liable to you for any damage, cost, loss or expense incurred by you arising out of or in connection with any revision of Data executed by you. Under no circumstances shall we be liable to you for any amount (if any) in excess of any fee payable by you for the right to use this website. Indemnification You shall at your expense indemnify, defend and hold harmless Nehat Tech Solutions Pvt. Ltd. and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding, brought against Nehat Tech Solutions Pvt. Ltd., its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Nehat Tech Solutions Pvt. Ltd. , its employees, representatives, suppliers and agents is based on or arises in connection with this website, or any links on this website, including, but not limited to:
• (a) Your use of or someone using your computer to use this website
• (b) Your use of or someone using your account, where applicable
• (c) A breach of these Terms of Use by you or someone using your computer or account
• (d) A claim that any use of this website by you or someone using your computer or account
infringes any Intellectual Property Rights of any third party or any right of personality or publicity, is libellous or defamatory or otherwise results in injury or damage to any third party • (e) Any revisions, deletions, additions, insertions or alterations to, or any unauthorised use of, this website or the Content (including the Data) by you or someone using your computer or account; or
• (f) Use the website or information in a manner that breaches any applicable law, including any privacy law or Nehat Tech Solutions Pvt. Ltd.’s Privacy Statement without the prior written consent of Nehat Tech Solutions Pvt. Ltd. .
Responsibilities of Use
You acknowledge and agree that you are responsible for: • (a) At the request of Nehat Tech Solutions Pvt. Ltd. , providing such information and assistance as are reasonably required by Nehat Tech Solutions Pvt. Ltd. in order for Nehat Tech Solutions Pvt. Ltd. to meet its obligations under these Terms of Use
• (b) Complying with all reasonable directions and instructions of Nehat Tech Solutions Pvt. Ltd. in relation to your use of this website provided prior reasonable notice is given to you of any of the same
• (c) Taking every reasonable precaution in the use of this website to prevent contamination and diffusion of any software or hardware contamination including viruses, worms or “Trojan horses”
• (d) The accuracy of revisions to the Data (and for the avoidance of doubt such responsibility shall be solely your responsibility)
• (e) Taking every reasonable precaution to ensure that access to this website and the Data is restricted to those persons (including subcontractors and agents) who are authorised users of this website
• (f) Not sharing your customer id number and password (if applicable) with any third party
• (g) Changing your password (if applicable) on a regular basis; and
• (h) Using this website in accordance with all applicable laws and regulations.
Suspension or Discontinuation
Nehat Tech Solutions Pvt. Ltd. may at any time, without liability, suspend or discontinue the operation of this website generally or your access to or operation of this website.
Governing Law
The Terms of Use shall be governed and construed in accordance with the laws of Mumbai, India. Each party irrevocably and unconditionally submits to the non- exclusive jurisdiction of the courts of Mumbai, India and the courts, which have jurisdiction to hear appeals from them.
Miscellaneous
You accept that Nehat Tech Solutions Pvt. Ltd. has the right to change the Content or technical specifications of any aspects of this website at any time at Nehat Tech Solutions Pvt. Ltd. ’ sole discretion. You further accept that such changes may result in your being unable to access this website. If any provision of these Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Use will remain in force. At the request of Nehat Tech Solutions Pvt. Ltd., you will execute and deliver to Nehat Tech Solutions Pvt. Ltd. any documents necessary to effect this
agreement.
The goods and services detailed in this website are available to persons carrying on business in India only, unless otherwise expressly agreed by Nehat Tech Solutions Pvt. Ltd. Our website is not directed at children under the age of 18 and we do not collect or maintain information at our website from those we actually know are under the age of 18.
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