1. General Terms and Conditions
Fintronix Private Limites operates a web/mobile application, “BharatGroww App” (the “App”) available on Google Play Store, iOS and other similar platforms and also operates a website https://bharatgroww.com/ (the “Website”) . The App and the Website shall be together referred to as the “Platform”. These terms and conditions (“Terms”) govern the use of or access to the Platform and the Services (as defined below).
These Terms constitute a binding and enforceable legal contract between the firm and a User (as defined below) or any end user of the Services (collectively, “you”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are 18 (eighteen) years of age or older, and (c) are an Indian resident/ NRI/ NRO. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms.
These Terms also include our privacy policy, available at (“Privacy Policy”) and any internal guidelines, supplementary terms, policies, or disclaimers made available or issued by us from time to time. By continuing to access or use the Platform, or any Service on the Platform, you signify your acceptance of the Terms. Further, you understand that the Platform is intended for the use of Indian residents only and by your continuing access and/use of the Platform shall be construed as a deemed declaration that you are an Indian resident.
The Firm reserves the right to make changes to these Terms by posting the new/updated version and your continued use and/or non-deletion of the Platform shall indicate your agreement to such changes. Accordingly, we encourage you to kindly continue to review the Terms whenever accessing or using the Platform so as to be abreast with the changes that we may be carrying out to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
2. SERVICES
3. ON-BOARDING
The User is solely responsible for maintaining the security and confidentiality of its username and password and agrees to immediately notify the Firm in writing at [email protected] of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.
The User expressly agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service or otherwise. The Firm expressly excludes any liability for any unauthorized access to a User’s Profile.
The User agrees to receive communications from the Firm regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about the Firm and the Services; (iv) promotional offers and services from the Firm and its third party partners, and (v) financial reports and analysis (vi) Income tax returns (vii) any other matter in relation to the Services.
4. KNOW YOUR CUSTOMER POLICY
The User hereby authorizes the Firm and any third-party service provider it may engage with or interact with in connection with using the Platform to process KYC Documents and ascertain the User’s eligibility. Any processing undertaken by the Firm shall be in accordance with its Privacy Policy and these Terms. It is hereby clarified that as far as the permission of the KYC Documents by a third-party service provider is concerned, the same shall be governed by the privacy policy of such third party service provider.
The User agrees that it may be required to submit additional documents as and when required by the Firm or any of its third party service providers and if, in such an event, any additional information, data, or documentation is required (collectively, “Top-Up Documents”), the User hereby agrees to share such Top-Up Documents promptly upon request, and further, authorizes the Firm to process such Top-Up Documents.
The User agrees and warrants to provide valid, true, complete, and up-to-date KYC Documents and Top-Up Documents. The User further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.
The list of the KYC Documents and Top-Up Documents may be provided to the User at the time of creating the Profile/signing-up or at a later stage.
5. TRANSACTION INFORMATION
Users are liable to provide all accurate information in order for our team to create correct and absolute financial reports, analysis and Income tax reports for them. Since, the Income tax returns will be filed with Central board of Direct Taxes department, users needs to ensure that all financial data provided on the website and app is accurate and the user is fully liable to own the accuracy of that data
The creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with the Firm;
receive communications from the Firm regarding: (A) information relating to their transactions recorded on the Platform; (B) requests for payment; (C) information about the Firm and the Services; (D) promotional offers and services from the Firm and its third party partners, and (E) any other matter in relation to the Services.
The User shall be solely responsible for obtaining such consent from its customers and the Firm shall assume that such consent as required under clause 4(b) above is sought and received by the User if the User provides details of such Transaction Information relating to any of such customers at any time during the use of the Platform.
6. THIRD PARTY SERVICES
The Firm makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
The Firm enables payments via payment service providers (“PSP”) partners and the User should take care not to share his personal UPI pin or OTP with any third party intentionally or unintentionally. The Firm never solicits information such as UPI pin or OTP over a call or otherwise. The Firm shall not be liable for any fraud due to the sharing of such details by the User. The providers providing Third Party Services / PSP partners shall not be liable for any fraud due to sharing of such details by the User. If any of such fraudulent transactions occur and where the User shares his debit/credit card or UPI information, the Firm may share relevant information of such transaction if the victim approaches the Firm via proper channels including customer support number and [email protected]
7. USER RESPONSIBILITIES
The User shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
The User shall extend all cooperation to the Firm in its defending of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms.
While the Firm uses commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information.
The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:
Infringe either directly or indirectly any third-party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services;
use the Services to transmit any data or send or upload any material that contains viruses, trojan horses or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
use the Services in furtherance of / to engage in any activity which may be grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory; or
violate applicable laws in any manner.
Users who are expected to conduct proper research to ensure that the goods and services they send payment links for are in compliance with all applicable laws and we encourage users to cross-check before generating payment link for prohibited content may result in the suspension or removal of user’s account.
The User shall be solely responsible for compliance with all the applicable laws including without limitation the Prevention of Money Laundering Act, 2002 and the rules made thereunder. The Firm shall not be responsible for any claims or liability or losses that may arise due to non-compliance of the anti-money laundering laws in India.
8. INTELLECTUAL PROPERTY
The User should assume that everything the User sees or reads on the Platform is protected under the Indian Copyright Act, 1957 and other intellectual property laws of India and may not be used except with the prior written permission of the Firm.
The Firm may freely use, copy, disclose, publish, display, distribute without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.
Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Firm’s or any third party’s intellectual rights.
The contents of this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to the Firm and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of the Firm.
9. TERM AND TERMINATION
The Firm may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
Upon termination these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
Notwithstanding anything to the contrary contained in the Terms, upon termination of a User’s access to or use of the Services, all amounts or outstanding monies due by you in relation to your use of or access to the Services shall become immediately payable.
10. DISCLAIMERS AND WARRANTIES
You acknowledge and agree that the Firm is not engaged in the provision, grant, or disbursement of any financial product. The Firm is not and will not be responsible for any claim or for any damages suffered, whether by the Users, the customers of the Users or any other person or party, that are related, directly or indirectly, to or arise out of the same including any payments made by the User or by the customers of the User using the payment link generated using the Platform. The User further agrees and undertakes to retain proof of sale documentation (in electronic or physical form) in connection with each payment link it generates or sends to customers.
To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. The Firm does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
To the fullest extent permissible under applicable law, the Firm expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that the Firm shall have absolutely no liability with respect to the same.
To the fullest extent permissible by law, the Firm, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;
the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorized access to the Firm’s records, programmes, services, server, or other infrastructure relating to the Services; or
the failure of the Services to remain operational for any period of time.
Notwithstanding anything to the contrary contained herein, neither the Firm nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the Firm, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
BharatGroww currently is not a payment aggregator or payment gateway-it is enabling payments for its users via third-party payments service providers. Any charges levied by BharatGroww for usage are service charges. In case you need an invoice for the charges levied please email to [email protected]
11. INDEMNITY
12. CONSENT TO USE DATA
The Firm may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
Subject to applicable laws, the Firm may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Firm shall have the right to share such data with relevant agencies or bodies.
13. MAINTENANCE OF RECORDS
14. FEES/CHARGES
15. MODIFICATION
16. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Bangalore in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by the Firm. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
17. MISCELLANEOUS PROVISIONS
Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment - You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Firm’s prior written consent. The Firm may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Firm may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
Notices - All notices, requests, demands, and determinations for the Firm under these Terms (other than routine operational communications) shall be sent to [email protected]
Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
Translations –The Firm may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.
18. Eligibility
a. You are 18 years of age or older;
b. You are capable of entering into a legally binding agreement; and
c. You are not barred or otherwise legally prohibited from accessing or using the BharatGroww App and website
If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with these Terms of Use.
You will be responsible for all actions these individuals take in and/or through your account.
You also acknowledge that BharatGroww does not have the responsibility of ensuring that You meet the aforesaid eligibility requirements.
Please read the terms and conditions carefully before registering, accessing or using the BharatGroww Services (defined below) offered through the BharatGroww website, BharatGroww App (defined below) or through applications or websites of BharatGroww Business Apps (defined below).
19. MISCELLANEOUS PROVISIONS
Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment - You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Firm’s prior written consent. The Firm may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Firm may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
Notices - All notices, requests, demands, and determinations for the Firm under these Terms (other than routine operational communications) shall be sent to [email protected]
Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
Translations –The Firm may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.
20. Indemnification & Limitation of Liability
Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment - You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without the Firm’s prior written consent. The Firm may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. The Firm may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
Notices - All notices, requests, demands, and determinations for the Firm under these Terms (other than routine operational communications) shall be sent to [email protected]
Third Party Rights - No third party shall have any rights to enforce any terms contained herein.
Translations –The Firm may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.
21. Communication
We will send you communication alerts via emails or SMS or push notifications or via other progressive technology.
You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your Phone being switched off, incorrect email address, network interruptions.
You agree not to hold BharatGroww liable for non-delivery for any alert or any loss suffered by you due to delay, distortion or failure of communication.
You further acknowledge that you are responsible for the contact details shared with Us and shall update us on any change on your contact details.
You authorize Us to contact you and communicate with you for any BharatGroww Service or Offer(s).
We may use third party service providers to send alerts or communicate with you. You authorize BharatGroww and BharatGroww Entities to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication.
22. Grievance Redressal
You may avail of customer support by following the steps set out here - https://BharatGroww.com/contact-us/
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