
This document/agreement/understanding is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (amended from time to time) read with Information Technology Act, 2000 (amended from time to time) and does not require any physical or digital signatures.
These terms including annexures and links herein, apply to your use of www.EnKash.com, any other linked pages, API keys, features, content or application services (including but without limitation to any mobile application, mobile site services) (“Website”) owned and operated byNehat Tech Solutions Private Limited(‘EnKash’) which is the holding company ofNehat Business Services Private Limited (‘NBSPL’), a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at91, Springboard 175, Kagalwala House, 2nd Floor, Kalina, Santacruz (E), Mumbai, Maharashtra, India - 400098.
“We”, “Us”, “Our” shall refer to EnKash or NBSPL based on the relevant Services as applicable.
“You”, “Yours”, “Yourself”, “Merchant” refers to any non-registered individual or corporate body, registered user of EnKash/NBSPL including but not limited to EnKash merchants.
“Applicable Laws” shall mean (i) any law, statute, rule, regulation, order, circular, decree, directive, judgment, decision or other similar mandate of any applicable central, national, state or local governmental/regulatory Authority having competent jurisdiction and force of law over, or applicable to You, us or the subject matter in question, as may be amended from time to time, and (ii) shall without limitation include any notification, circular, directive or other similar instruction issued by the ‘Financial Sector Regulators’ including but not limited to the Reserve Bank of India (RBI) and/or rules, regulations, roles, responsibilities and processes as defined by NPCI on their websitewww.npci.org.in.
Before You may use the Website, You must read all of these General Terms of Use and the Specific Terms of Use (defined below) (hereinafter together referred to as the “Terms”) and the Privacy Policy provided on the Website.
By using EnKash and its affiliates’ products, software, services, and the Website or by availing any products offered by EnKash’s partner institutions/lending partners, banks, financial institutions, NPCI, and technology service providers, card payment networks, (“Facility Providers”) or third parties (“Services”), You understand and agree that EnKash will treat Your use of the Services as acceptance of these Terms from such point of usage. You agree that EnKash reserves the right to update the Services from time to time.
You acknowledge and agree that all references to“EnKash” shall mean the EnKash affiliate for the Specific Terms of Use. You further agree that any claims relating to or arising from the Specific Terms of Use shall be brought solely against such EnKash affiliates providing Services. EnKash shall have no liability in respect of the same.
You may not use the Services if you do not accept the Terms. If You do not agree to be bound by these Terms and the Privacy Policy, You may not use the Website in any way.
It is strongly recommended for You to return to this page periodically to review the most current version of the Terms in force. EnKash reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and Your continued access or use of the Website signifies Your assent/ratification of the updated or modified Terms. If You object to these Terms or any subsequent modifications to these Terms in any way, Your only recourse is to immediately terminate use of the Website.
We may require You to agree to additional terms (if any) in connection with specific services that you may avail from time to time. The Services provided by EnKash through the Website are available and are appropriate only for use in India.
1.1. You acknowledge and agree thatEnKash owns all rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether registered or not). You further acknowledge that the Services may contain information which is designated confidential by EnKash and that You shall not disclose such information without EnKash's prior written consent.
1.2. EnKash grants You a personal, non-exclusive, non-transferable, limited privilege to avail the Services and make personal use of the Website and/or the Services. This license does not confer any right to:
2.1. You shall register to become a user of the Website only if You are of the age of 18 or above and can enter into binding contracts as per Applicable Laws. You are responsible for maintaining the secrecy of Your passwords, login and account information. You will be responsible for all use of the Website and/ or Services by You and anyone using Your password and login information (with or without our permission). You are responsible for maintaining the confidentiality of any login information and secure access credentials associated with Your EnKash account. Accordingly, You are responsible for all activities that occur under Your account/in using Your secure credentials and EnKash shall not be liable for any such change or action performed.
2.2. You also agree to provide true, accurate, current and complete information about Yourself as and when prompted by the Website. If You provide any information that is untrue, inaccurate, not updated or incomplete, or EnKash has reasonable grounds to suspect so, EnKash shall have the right to suspend or terminate Your account and/or refuse any and all current or future use of the Website or Services.
2.3. By making use of the Website, and furnishing Your contact details, You hereby agree that You are interested in knowing more or availing products, services that EnKash or any third party may offer/provide/share with You via telephone, SMS, email, WhatsApp, or other digital/physical modes.
2.4. You specifically understand and agree that by using the Website You authorize EnKash, its affiliates, partners and third parties to contact You for follow up calls in relation to the Services provided through the Website and/or for offering other products or services. You consent to receive communications even if registered under DND/NCPR list.
2.5. You agree and authorize EnKash to share Your information and make Your details available to its partner banks, financial institutions, affiliates, vendors, service providers/Facility Providers and third parties, as required for providing Services.
2.6. For undertaking any payment and/or financial transaction through the Website, EnKash may undertake KYC due diligence measures. You agree that You are obliged to provide such KYC details as per Applicable Laws.
2.7. You shall provide necessary KYC documents to enable EnKash to conduct due diligence. EnKash reserves the right to share such documents with Facility Providers or government authorities.
2.8. EnKash may demand additional KYC documents at its discretion. Failure to provide such documents may lead to suspension of Services.
2.9. EnKash shall not be responsible for payee disputes or third-party claims. You indemnify EnKash for any obligations arising thereof.
2.10. You declare that You or Your affiliates are not Politically Exposed Persons. If this changes, You must notify EnKash immediately.
2.11. You may be required to provide consent for collection and processing of Your Personal Information (PI). EnKash shall follow industry practices for data protection but shall not be liable for claims arising from such transactions.
2.12. You agree not to use the Website for unlawful or forbidden purposes. EnKash may suspend or restrict access at its sole discretion.
2.13. You are prohibited from posting/transmitting unlawful, obscene, defamatory, pornographic, virus-infected or impersonating content through this Website.
2.14. You represent and warrant that:
2.15. You further covenant and agree that:
2.16. EnKash shall only be liable for acts or omissions solely and directly attributable to itself.
2.17. You shall take all necessary steps to facilitate integration of EnKash’s solutions with Your platform.
2.18. You shall assist EnKash by furnishing KYC, transaction records, invoices or proof of transactions to authorities upon request. Records shall be retained for 10 years.
2.19. You shall not:
3.1. Applicable fees for the provision of Services shall be levied by EnKash from time to time. You agree that the fees shall be charged according to the manner, rates and frequency determined by EnKash. EnKash reserves the right to update the amount of the fees charged at its sole discretion.
3.2. Fees are exclusive of applicable taxes and EnKash will charge such applicable taxes on the fees from time to time. You agree that any statutory variations in applicable taxes during the subsistence of these Terms shall be borne by You.
3.3. We will raise monthly invoices in respect of fees charged for Services provided during such months. Invoices are available on the dashboard on a monthly basis. Any dispute in respect of an invoice must be communicated by You to Us via a notice no later than ten (10) days from the date of the invoice. EnKash shall use good faith efforts to reconcile any reasonably disputed amounts.
3.4. You shall be responsible to do reconciliation on a daily basis for all the transactions processed. In case of discrepancies, You shall report to EnKash regarding such discrepancy within three (3) working days. However, if any reconciliation issue is highlighted by You to EnKash after three (3) working days from the transaction date, EnKash shall not be responsible or liable in any way whatsoever in case such queries and/or concerns are not resolved.
3.5. For fees deducted upfront before provision of the specific Service, it is agreed that if You deposit applicable taxes under Section 194H of the Income Tax Act, 1961 (in respect of invoices received by You) and furnish to EnKash Form 16-A in respect of such taxes paid, then EnKash shall reimburse to You, on a quarterly basis, the amount in respect of such taxes paid. In all other cases, with respect to invoices received by You, at the time of payment of the Fees, You will withhold applicable taxes under Section 194H of the Income Tax Act, 1961 (in case LTDC is provided as per the LTDC issued). You shall deposit the withheld taxes with the government treasury, file the statutorily mandated returns and furnish the requisite tax deduction certificate (Form 16-A) to EnKash within the timelines prescribed so as to enable EnKash to obtain full credit for the taxes deducted at source.
3.6. You shall be solely responsible for updating Your GST registration number on the EnKash dashboard before EnKash generates the invoice and shall also submit the GST certificate as part of KYC. EnKash will raise a GST tax invoice and report the transactions in the GST returns based on the information provided by You. The GST returns will be filed as per the statutory timelines, to enable You to avail appropriate input tax credit. EnKash shall not be responsible for any mistake and/or misrepresentation by You in updating the GST number and other particulars as per the GST certificate. Further, any liability raised on EnKash by the GST authorities due to incorrect information provided by You or deliberate withholding of any statutory information by You shall be recovered by EnKash from You.
By using the Website, You hereby consent to the use of Your information as we have outlined in ourPrivacy Policy
This Website may provide links to other websites or resources. Since EnKash has no control over such third-party websites and resources, You acknowledge and agree that EnKash is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EnKash shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your interaction with any third party accessed through the Website is at your own risk, and EnKash will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.
You agree and authorize EnKash to share Your information and make Your details available to its partner banks/financial institutions, its group companies, affiliates, vendors, service providers/Facility Providers and other third parties ("Partners"), in so far as required for the Partners to provide to You various products and services. You agree to receive communications through emails, telephone and/or SMS, from EnKash or the Partners. If You request not to receive such communication/marketing material any further, it shall be applicable prospectively only and shall not apply in respect to Your data already shared by EnKash in accordance with this clause upon Your prior consent.
EnKash warrants that the Service(s) shall be provided materially in accordance with the services documentation available on the Website. EnKash warrants that the Service(s) will perform in all material respects in accordance with these Terms. To the maximum extent permitted by Applicable Laws and except as stated in these Terms, the Services are provided on an “as is” basis. You acknowledge that EnKash does not warrant that the Service(s)s will be uninterrupted or error free or fit for Your specific business purposes.
8.1. EnKash (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by Us or any Facility Provider, even if we have been advised of the possibility of damages to such parties or any other party, or (iv) any damages to or viruses that may infect Your computer equipment or other property as the result of Your access to the Website or Your downloading of any content from the Website.
The Website may provide links to other third-party websites. However, since EnKash has no control over such third-party websites, You acknowledge and agree that EnKash is not responsible for the availability of such third-party websites and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such third-party websites. You further acknowledge and agree that EnKash shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites. Such third-party websites may have separate terms and conditions and privacy policy, which are independent of EnKash, and therefore, we advise You to read the terms of use and conditions available on such websites before You access any such third-party website.
8.2. Notwithstanding anything under these Terms, EnKash’s aggregate liability and that of its affiliates, officers, employees and agents relating to the Service(s), will not exceed an amount equal to one (1) month fees paid by You for the specific Service(s) giving rise to the liability. EnKash’s liability under or in connection with Terms will be proportionately reduced to the extent any loss or damage is contributed to by You or Your third-party providers.
You agree to indemnify and hold EnKash (and its officers, affiliates, group company, directors, agents and employees) harmless from any and against all claims, whether or not brought by third parties, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys; fees, or arising out of or related to Your breach of these Terms and Conditions, Your violation of any Applicable Laws or the rights of a third party, or Your use of the Website or any disputes between You and any third party.
Any failure or delay by EnKash to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by EnKash of that provision or right. The exercise of one or more of EnKash’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to EnKash under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of EnKash.
Any failure or delay by EnKash to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by EnKash of that provision or right. The exercise of one or more of EnKash’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to EnKash under these Terms or in law or at equity. Any waiver of any provision shall only be effective if made in writing and executed by a duly authorized officer of EnKash.
You may not assign or otherwise transfer Your rights or obligations under these Terms. EnKash may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to You. If we fail to act on your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. Additional terms applicable to the Services provided by EnKash or its affiliates are as under:
Some of the Services may be supported by advertising revenue and may display advertisements and promotional material. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by EnKash are subject to change without any specific notice to You. In consideration for EnKash granting You access to and use of the Services, You agree that EnKash may place such advertisements on the Services through Website, print media, electronic media, and social media advertising platforms etc.
Notwithstanding anything to the contrary, EnKash shall have the right to immediately suspend Services and settlement of any monies or payments to You, without any liability to You, in the event of the following:
These Terms are effective upon the date You first access or use the Services and continue until terminated by You or EnKash. We may terminate these Terms or close your EnKash account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of EnKash). Where Applicable Laws requires advance notice of termination to be provided, we will, prior to termination, provide You with the required advance notice of termination.
Termination does not immediately relieve You of obligations incurred by You under these Terms. Upon termination, You agree to stop using the Services. Your continued or renewed use of the Services after termination serves to renew Your consent to the Terms.
In addition, upon termination You understand and agree that We will not be liable to You for compensation, reimbursement, or damages related to Your use of the Services, or any termination or suspension of the Services or deletion of Your information or account data; and You will still be liable to us for any fees or fines, or other financial obligation incurred by You or through Your use of the Services prior to termination.
Expense Management Solutions is a Software-as-a-Service (SaaS) offering that You can avail on the Dashboard which may be used independently or in conjunction with other services offered by NBSPL, and including all upgrades, updates, and patches to the SaaS Offerings that EnKash makes available for general release.
EnKash/NBSPL may, in its sole discretion, make any changes to any SaaS Offerings that it deems necessary or useful to:
During your Term of use of Services, You will receive a non-exclusive, non-assignable, non-sublicensable right to access and use the Services solely for Your internal business operations subject to the terms of these Terms.
NBSPL shall enable You to pay your dues (or additional amounts) to the billers using certain payment instruments. The payment instruments enabled may be changed by NBSPL at its sole discretion from time to time based on success rates or any other relevant consideration. NBSPL does not guarantee the availability of any particular payment instrument for NBSPL Bill Payment.
NBSPL shall process the payment to the biller only after NBSPL has received the payment from your credit/debit card or other relevant payment instrument. NBSPL shall not be responsible for any delay occasioned due to any action or inaction on account of any bank or payment gateway involved in your transaction.
You agree to not hold NBSPL responsible and/or liable for any issue or claim arising out for any dispute whatsoever between You and the biller, the payment gateway or Your bank.
Once a bill payment has been initiated it cannot be reversed. While NBSPL undertakes its best efforts to process the payment as directed by you at the earliest, NBSPL may delay, suspend, or reject a transaction for any payment(s) for any reason, including without limitation if we suspect the transaction poses a financial or security risk, or is unauthorized, or is fraudulent, suspicious, unlawful or in any way in violation of the applicable laws around such transactions or in violation of these Terms.
NBSPL may levy service charges for any NBSPL Bill Payment transaction. Such service charges if any shall be displayed on the transaction screen prior to the payment being initiated.
You agree to not hold NBSPL liable for delays in bill payment arising from biller's end. NBSPL recommends You to pay your bills early to avoid late payment fees, if any, being levied by the biller.
You agree to not hold NBSPL responsible and/or liable for any issue or claim arising out for any dispute whatsoever between You and the payment gateway or Your bank or the Counterparty (including but not limited to billers and the BBPS system). You shall keep NBSPL indemnified and hold NBSPL harmless in the case of any third-party claims against NBSPL (whether by the Counterparty, payment gateway, bank, any government authority or any other Person) for the payments made or attempted to be made by You (or any other Person through your account) using NBSPL.
You are responsible for all the information you input during your use of the NBSPL Finance website including the NBSPL Bill Payment features. You are responsible for ensuring that all the payment details provided by you are accurate.
In the event you input any of these details incorrectly, You will be responsible for the resultant transaction and all charges that result from the same. NBSPL may at its discretion assist in reversing such transactions if technically feasible and viable.
NBSPL may ask for additional information if required from time to time, including but not limited to bill copies etc. Failure to provide requested documentation within 72 hours may result in failed transactions or suspension of your access.
NBSPL Bill Payments feature as an Agent Institution is provided by NBSPL through:
Accordingly, NBSPL Bill Payments may be unavailable or settlement delayed in the event of any downtime or issues attributable to NBSPL's partners.
Once a payment has been initiated, it cannot be reversed and NBSPL will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with the instructions issued by you.
NBSPL shall process the payment only after NBSPL has received:
NBSPL shall not be responsible for any delay occasioned due to any action or inaction on account of any bank, payment gateway, or the counterparty: the biller, or the BBPS payment system involved in your transaction.
NBSPL does not guarantee any timelines for payments to the Counterparties. Any timelines mentioned on NBSPL Finance are merely indicative and not to be construed as guarantees.
While NBSPL undertakes its best efforts to process the payment as directed by you at the earliest, NBSPL may delay, suspend, or reject a transaction or any payment(s) for any reason, including without limitation, if we suspect the transaction poses a financial or security risk, or is unauthorized, fraudulent, suspicious, unlawful, or in violation of applicable laws or these T&Cs.
NBSPL recommends you pay your bills with sufficient gap from the due date, and you agree not to hold NBSPL liable in case of delay of payment of your bill.
NBSPL may from time to time make available, either directly or in partnership with its Commercial Partners, certain benefits for using NBSPL Bill Payment. All such offers shall be governed by their terms and conditions as displayed on the NBSPL Finance website in addition to these NBSPL Bill Payment T&Cs. NBSPL's decision regarding such offers shall be final and binding and not subject to any appeal or dispute resolution process.
PRIVACY
YOUR PRIVACY IS EXTREMELY IMPORTANT TO US. UPON ACCEPTANCE OF THESE TERMS OF USE YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND UNEQUIVOCALLY ACCEPTED OUR POLICIES, INCLUDING THE PROVISIONS OF OUR PRIVACY POLICY.
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