By continuing to use the Website (the “Platform”), you agree to be bound by the terms and conditions (“Terms”) set out below, which form a legal agreement between the Company and you. Please read the Terms carefully. If you do not agree to the Terms in their entirety, please do not use or access the Platform. By using the Platform, you acknowledge that the Company only facilitates the transactions between the Users registered with our Platform, such User’s customers and financial institutions.
“Company” shall mean Bigital Technologies Private Limited, having PAN AAJCB3555F;
“Intellectual Property Rights” shall mean and include, without limitation, any patents, all current and future copyrights, trademarks, trade secrets, know-how, service marks, database right, inventions, patents, topographies, trade and business names, domain names, marks and devices (whether or not registered), design right, moral right or any other property rights (in each case, whether registered or not and including applications for registration, if any) that grant similar rights as the foregoing, anywhere in the world.
“Services” shall mean a digitally enabled online payment checkout service offered on the merchant’s shop, website, e-commerce website and mobile based application to enable the merchant’s customers to make payments by various modes including credit cards, debit cards, buy now pay later, unified payments interface, net-banking, online wallets and other online payments methods, to the merchants during checkout as detailed in Schedule 1 hereto;
"User" or "you" shall mean any person including any merchant and financial partners, who accesses, uses, installs, or views the Platform (even if you do not avail the Services provided);
"User Data" shall mean any personal and/or sensitive data, information, user transaction data including but not limited to: Aadhaar number and personal information such as your name, address, date of birth, telephone number, gender, e-mail address, location, proof of identity, and other financial and credit information relating to you, including but not limited to bank details, account information and other details
"Website" shall mean assets on the nimbbl.biz/nimbbl.tech domains and any other asset developed, designed, and operated by the Company for the provision of Services.
The Company uses and operates the Platform to enable the User to avail the Services.
The Company, while providing the Services, will act on your express instructions, and any transactions carried out on your behalf shall be subject to your sole consent, discretion and responsibility;
For enabling the Services, the Company shall partner with financial institutions or third party banks or other entities;
In order to offer the Services to you, you may be required to create a user profile on the Platform and provide personal and financial information, including but not limited to name, email address, gender, date of birth, contact information, bank details and documents, PAN card, and other information including User Data. You acknowledge that providing such information is necessary for the use of the Services and agree that such information shall be accurate and complete, failing which the Company may cancel or refuse any part of the Services offered to you. You hereby grant your express authorisation to the Company to access, collect, store, and use such data for providing the Services;
The User agrees that on initiating a transaction with the relevant method as listed in Schedule 1, the Company shall not be liable to recover the amounts due under such transaction;
You agree that the records maintained by the Company in respect of the transactions effected using our Services shall be sufficient proof of such transactions;
The Company shall not be liable or responsible for any actual or threatened losses, damages, expenses, disputes or otherwise any claims made in respect of the use or misuse of the Services by you, and the Company shall be entitled to cancel or refuse to offer the Services to you without any notice or obligation to provide reasons;
The efficiency and confidentiality of the information provided by you shall always be subject to the software and hardware used by you, including the capability of your electronic device, internet connection, and such other specifications or features that may be relevant for or ancillary to accessing the Platform and availing the Services;
By accessing the Services through the Platform, you represent that (a) you are competent to contract with the Company and (b) you consent to these Terms;
The availability of the Platform and the Services will be subject to any fixes or updates that the Company may find necessary to make, and you acknowledge that the Company shall not be liable in any manner whatsoever towards any damages, losses or other claims which may be threatened or incurred as a result;
You understand that all information, reports, images, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes, maps code, language and interactive features generated (“Content”), which has been provided to you on the merchant websites hosted by us, are the sole responsibility of the merchant on whose website such Content has originated. We shall not be held responsible for any Content which you may find offensive or objectionable on such merchant’s website.
You acknowledge that neither do we endorse the accuracy of the advertisements and promotional material presented to you on our Platform or as part of the Services by any third party advertisers nor do we own the intellectual property rights in respect of such material.
Access to the Platform and use of the Services shall always be subject to the following restrictions, failing which the Company may take any action it deems necessary at its sole discretion:
You agree not to attempt to reverse-engineer, disseminate, copy, exploit, or represent yourself as an agent or reseller of the Platform and the Services, or any part thereof;
You agree not to misrepresent yourself as or impersonate any other person, or otherwise cause harm to any person;
You agree not to upload or transmit any vulgar, obscene, abusive, defamatory, libellous, invasive, or unlawful content, including content which is objectionable or results in a breach of privacy of any other person;
You agree not to use or abuse the Platform for or in relation to any illegal or unlawful purposes including fraud, embezzlement, money laundering, etc.;
You agree not to carry out or facilitate any actions which result in a detrimental effect on the Platform or the Services, including DDoS attacks, data security breaches, or otherwise any disruption to the servers, hardware, or network of any other person or the Platform or the Services;
You agree that you are granted a non-exclusive license for the purpose of enabling you to use and access our Platform and Services. Except with our prior written consent, you may not assign (or grant a sub-license of) your rights to use the Service or otherwise transfer any part of your rights to use the Service.
You agree not to violate any applicable laws, whether or not intended by you;
You acknowledge and agree that the Company, or our licensors, owns all legal rights, title and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services.
Unless you receive our express authorization in writing, you agree that in using the Services or accessing our Platform, you shall not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
You further acknowledge that our Services may contain information that is designated as confidential by us and that you shall not disclose such information without our prior written consent.
The Company does not provide any warranty, express or implied, for the accuracy or completeness of the Platform or the Services, and expressly disclaims any liability for any errors or omissions;
The use of the Platform and the Services is at your own risk and consequence. In no event shall the Company be held liable for any damages or claims whatsoever in connection with any inaccuracy, error, failure, omission, delay or otherwise;
Nothing in these Terms shall exclude or limit your warranty or liability for losses unless they are excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
We further do not represent or warrant to you that:
Your use of our Platform and Services will meet your requirements;
Your use of the Platform and Services will be uninterrupted, timely, secure or free from error, including specifically from server downtime;
Any information obtained by you as a result of your use of the Platform and Services will be accurate or reliable.
You agree that any material downloaded or otherwise obtained through the use of the Services and Platform is done at your own discretion and risk and we shall not be liable for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from us or from the use of Services shall create any warranty not expressly stated in these Terms.
We further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
In order to provide the Services and access to the Platform, the Company may be required to create a user profile that may be linked to third-party platforms as may be necessary or requested by you subject to verification. The registration of the user profile shall require the Company to retain certain User Data for providing a safe and efficient user experience;
The Company, its affiliates, subsidiaries, directors, employees, promoters and agents shall not be liable for:
any direct, indirect, incidental, special, consequential or exemplary loss or damage suffered by the User, however, caused and shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss, arising out of the use of, or inability to use or access of our Platform or Service or any security breach or any virus, bug, unauthorised intervention, technical malfunctioning or defect, whether or not forceable and whether or not we have been advised of the possibility of such damage.
Any loss or damage incurred by you owing to any temporary disablement or permanent discontinuance of our Platform or Services and any deletion, corruption or failure to store any content or other communications maintained by your use of our Services; and
which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services.
You agree to indemnify and keep the Company, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by the Company or its affiliated companies related to any User Content posted or transmitted by User during the use of the Platform or Service or any unauthorised use of the Platform or Service in contravention of this Terms.
These Terms shall be governed by and under the laws of India and shall be subject to the exclusive jurisdiction and venue of the High Court of Mumbai. Any failure or delay by the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any part of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statutory period of limitation, any claim shall be filed within one (1) year after the relevant cause of action arose;
The Company shall be absolutely entitled to terminate your use of the Platform and the Services in the event of any breach of these Terms by you, or otherwise, any event which gives rise to any reason for the Company to discontinue the offering of the Platform or Services to you, without any notice or obligations whatsoever;
In case of any grievances, queries or concerns in respect of these Terms, you may write to firstname.lastname@example.org
The Nimbbl Checkout: Merchants can give their customers the option to pay securely with online payment modes via their website or applications or both by connecting them with the Nimbbl checkout, initiating a transaction via an application programming interface or software development kits.
Payment Link We provide the merchants registered on our Platform with an option to collect the payments due to them by their customers through web links that can be shared through SMS or emails which shall be secured using reasonable safeguards as per standard industry practices and applicable law.
Buy Now Pay Later Stack: Financial institutes/service providers/merchants may use our '‘Buy Now Pay Later Stack’ to get their websites and applications integrated with the relevant software and technological infrastructure required so as to provide their customers access to a smooth and fast buy now pay later checkout option when transacting on their websites/app.
Invoices: The merchants who are registered on our Platform can keep track of all the transactions entered into by their customers who use the Nimbbl Checkout option at the time of payment. Such merchants also have the option to send their customers the invoices for such transactions through email or SMS.