TERMS OF USE

1. Introduction

Nextgen Vidhya Private limited (hereinafter referred to as “the Company”), through its Website and Mobile Application called “Mitra” runs an employee financial wellness platform that allows the employee users to track their salary and enables them to withdraw on credit, the earned amount of salary at any point of time at an agreed transaction fees which credit is extended by Non-Banking Financial Companies with whom the Mitra has arrangements.

Nextgen Vidhya Private limited is an intermediary as defined under Section 2 (w) of the Information Technology Act, 2000 and these Terms of Use are in consonance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

By clicking “Join Now”, “Sign Up”, registering, accessing or using the Mitra Platform, you agree to enter into a legally binding contract and be bound by the present Terms of Use. If you do not agree to any of the Terms of Use, you should not click “Join Now” (or similar) and should not access or otherwise use the Mitra platform or the Product and Services. If you wish to terminate this agreement at any time, it can be done by closing the user account and no longer accessing or using the Mitra platform or Products and Services.

Even otherwise, when you use the Mitra platform, you agree to all of these Terms of Use. The use of the Mitra Platform is also subject to Mitra’s other policies including but not limited to Privacy Policy which covers how Mitra collects, uses, shares and stores personal information of users.

You acknowledge that you have read these Terms of Use, the other Policies including but not limited to Privacy Policy and agree to all its terms and conditions.

Mitra reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use. We shall notify You of any updates or changes in the Terms of use. Post such notification, It shall be your responsibility to review the updated Terms of use. Your continued use of the Mitra platform following the posting of changes to the Terms of Use and the aforementioned notification shall be deemed to mean that you have reviewed the updated Terms of Use and accept and agree to the updated Terms of use.

Mitra reserves the right to terminate Your Account/this agreement and/or refuse to provide You with access to the Mitra platform if it is brought to Mitra’s notice or if it is discovered that you are not eligible to use the Mitra platform.

These Terms of Use shall be deemed to be an electronic record laying down the mutually acceptable terms for use of Mitra platform by You. Being an electronic record generated by or through a computer system, it does not require any physical or digital signatures.

2. Definitions

    i.          “ Employee” shall mean any person employed in full time service with the Employer, having a minimum service/employment history of 3 months with the Employer and a fixed salary.

2. “ Employer” shall mean any organization or entity whom employs the User Employee, with whom Mitra has a separate agreement for facilitating extension of Salary Advance Facility from the NBFC to the User Employee and who has agreed to repay the Salary Advance Faclility to NBFC by debiting the salary of the User Employee, on behalf of the User Employee.
3. “ NBFC” shall mean the Non Banking Financial Company who has agreed to consider to extend the Salary Advance Facility to the User Employee subject to the User Employee executing the Salary Advance Facility Documents and paying the Transaction Fees.
4. “ Transaction Fees” shall mean the charges payable by the User Employee to NBFC for availing the Salary Advance Facility.
5. “ Products and Services” shall mean products, features, services, technologies, software etc. that are being offered on the Mitra platform.
6. “ Repayment Nodal Account” shall mean a bank account designated by the NBFC for collection of all the sum of money due to be repaid by the User Employees and wherein the Employer would deposit the said sums after deducting the same from the salary of the User Employee.
7. “ Salary Advance Facility” shall mean the amount sanctioned in the form of loan/credit facility as advance salary subject to appraisal by the NBFC and Mitra and agreed to be disbursed to the User Employee by NBFC as per Salary Advance Facility Documents; irrespective of whether such disbursement is in whole or parts, as per the request of the User Employee through the platform belonging to Mitra platform.
8. “ Salary Advance Facility Documents” shall mean the Agreements or any other document (as amended, restated or modified from time to time) executed by the User Employee with NBFC for the grant of Salary Advance Facility, capturing the terms and conditions for the grant of Salary Advance Facility by NBFC including but not limited to loan application, facility/loan/credit facility agreement, security documents, etc. or any other document stipulated by NBFC from time to time.
9. “ User Employee” shall mean any Employee employed with the Employer, who are registered users of the Mitra platform and have agreed to draw advance salary by availing Salary Advance Facility from NBFC, on the basis of leads/reports generated by the Mitra platform. These Terms of Use set out the binding terms and conditions for use by a User Employee (“You”) of the Mitra platform and the related Services as defined herein below.

3. Acceptance of Terms of Use

Mitra platform along with the Products and Services are licensed and not sold (hereinafter together referred to as “the License”) to You for use only and solely in line with present Terms of Use.

This License is being provided by the Company having its registered address at office no 402-A, Sumit Samarth Arcade, Goregoan West, Mumbai, MH-400065. The terms Mitra and the Company are used interchangeably in the Terms since Mitra is a platform owned and run by the Company.

4. Account Creation

    i.          In order to use the Mitra platform and Product and Services, you will be required to create an account (“Account”). As part of the Account opening process, you have to provide your name, gender, date of birth, age, phone number, photograph, other personal details, an e-mail address and a password etc. which is to be used for logging into the Account in the future. Further, in order to avail the Salary Advance Facility, You will have to inter alia provide details including but not limited to your employee identification number with the Employer, official email id, your employment history with the Employer, attendance details KYC details (PAN, Aadhar Card, Address Proof, Salary Slip, account details and bank statements, income tax returns etc.).

2. You hereby agree and undertake that you will not transfer or share your Account details and password with anyone. The confidentiality of your username and password is to be maintained by you as your sole responsibility and in case of any misuse or unauthorised access of the Account you shall be solely liable for the same. Further, in case of any such misuse or unauthorized access it would be your responsibility to immediately inform and notify Mitra.

5. User eligibility and the conditions of use

You explicitly agree, represent and warrant that you:

    i.          can enter into legally binding contracts, are not "incompetent to contract" under the Indian Contract Act, 1872 and have the capacity to enter into the present contract.

2. shall not give access to your respective Account to others or transfer Account to anyone else.
3. you or your Account has not previously been disabled by Mitra for violations of its terms or policies.
4. are not prohibited from using the Mitra platform or the Products and Service under applicable laws or orders/directions/judgments of courts.
5. shall not do anything that is unlawful, misleading, discriminatory or fraudulent.
6. shall not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of Mitra platform or interfere with or circumvent the security features of the Mitra Platform or the Products and Services or any related mobile application, other mobile applications, or the Internet.
7. shall not access or collect data from Mitra platform using automated means or attempt to access data for which there is no permission to access.
8. shall not breach these Terms or any other Terms and policies that apply to use of Mitra platform.
9. agree, undertake and covenant that, during the use of the Mitra platform, you shall not use, host, display, upload, modify, amend, publish, transmit, update or share any information or content including but not limited to User Content that:

·         belongs to another person or entity and in relation to which you do not have any right.

·         is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.

·         is misleading or false in any way.

·         involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".

·         infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address, phone number, photographs) or rights of publicity.

·         provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses and malware such as spyware, worms, trojans, etc.

·         tries to gain unauthorized access or exceeds the scope of authorized access to Mitra platform or to account information of other Users etc.

·         engages in commercial or business activities including but not limited to activities for gain, contests, sweepstakes, barter, advertising etc.

·         interferes with another user’s use of the Mitra Platform.

·         contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

·         harms minors in any way;

·         threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.

·         is a misuse or unauthorized use of the Mitra platform or is a use prohibited by law or is unlawful.

6. Availing the Products and Services

    i.          You may, after opening an Account on the Mitra platform, apply for Salary Advance Facility by submitting your request on the Mitra platform through a form on the Mitra platform which shall contain the details of the proposed Salary Advance Facility including but not limited the amount, the date of repayment, mode of disbursement etc. (hereinafter referred to as the “Application Form”).

2. As a part of the application for Salary Advance Facility you shall be required to provide details and documents relating, including but not limited to, income, employment or professional status, such other information as NBFC may require in terms of the KYC Regulations applicable to it (“Preliminary Information”).
3. You hereby also authorize the NBFC and Mitra to get your credit information report from one or more credit information companies, from time to time.
4. You shall also be required to sign and execute the Salary Advance Facility Documents, as may be required by the NBFC, from time to time.
5. The Application Form, Preliminary Information, Salary Advance Facility Documents and other reports/information shall thereafter be provided to the NBFC for the purpose of KYC and e-KYC verification and/or to such other verification by any agency such as lawyers, search clerks, accountants or valuers as may be appointed or designated by the NBFC.
6. Pursuant thereto and subject to due diligence/approval by the NBFC, the Salary Advance Facility may be extended to You subject to your agreeing to pay the Transaction Fees as provided for in the Salary Advance Facility Documents.
7. You agree and understand that the Salary Advance Facility would be extended strictly in terms of the Salary Facility Documents executed between You and the NBFC, along with the present Terms of Use and the Privacy Policy.
8. You hereby also irrevocably authorize the Employer to deduct the amount of the Salary Advance Facility, interest accrued thereon as per the Salary Advance Facility Documents and the Transaction Fees, whenever the same are due as per the Salary Advance Facility and deposit the same in the Repayment Nodal Account as designated by the NBFC.
9. The present Terms of Use, Privacy Policy, Application Form, Salary Advance Facility Documents and all other documents executed by You shall form the entire understanding for the purpose of extension of the Products and Services.

7. License and its scope

As long as You comply with these Terms of Use and other policies including but not limited to Privacy Policy, Mitra grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Mitra platform and Product and Services.

You may not rent, lease, lend, sell, redistribute or sublicense the Mitra platform for any purpose including but not limited to any business or commercial use. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mitra platform and/or Products and Services, any updates or any part thereof. The terms of this License will govern any upgrades provided that replace and/or supplement the original Mitra platform and/or Products and Services, unless such upgrade is accompanied by a separate license in which case the present Terms of Use and the terms of the license for that upgrade will govern.

8. Specific permissions, consent and authorizations given by you

You hereby agree, permit, consent, authorize and provide:

 i.             A non-transferable, non-sublicensable and limited right to Mitra to use, store, copy, update, process, and share information, details, documents etc. relating to You, that You provide on or through the Mitra Platform with your voluntary and informed consent solely to provide the earned Wage advance facility. You agree and provide your consent to share your information accessed by Mitra provided on or through the Mitra Platform for providing the earned wage advance facility, for the following purposes:

·         For extending and facilitating the earned wage advance facility.

·         For KYC verification and authentication by agencies duly authrorised by Mitra.

·         For legal and regulatory purposes.

·         For providing You an improved and a better user experience.

Further, sharing of your information with any third party for purposes except as outlined above shall be subject to prior intimation and your consent.

   ii.          Consent and authorize the Employer to share Your attendance data, other details etc. to enable calculation of maximum Salary Advance Facility that You may be eligible to draw based on the number of hours/days you have worked with the Employer.

3. Consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, I further authorize Company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorized agents, or third-party service providers.
4. Consent to using 3rd party service to verify KYC details including PAN (through NSDL or other portals), phone number and bank account
5. Specific consent to share the Application Form, Preliminary Information, all other details and information relating to You including personal information and KYC documents etc. with the NBFC.
6. Consent to collect and share the duly executed Salary Advance Facility Documents, repayment cheques/NACH/ECS etc., with the NBFC, on your behalf.
7. Consent to the receipt of communication from Mitra or the NBFC by way of, including but not limited to SMS, e-mails, through Whats App and newsletters. This consent and permission shall supersede and prevail over any preferences set or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
8. Consent to use and gather technical information about Your device, system and application software and peripherals to facilitate the provision of software updates, product support, other services, technology and improve Products and Services related to the Mitra platform or Products and Services.
9. Irrevocably authorize the Employer to deduct, at source, the amount of the Salary Advance Facility, interest accrued thereon as per the Salary Advance Facility Documents and the Transaction Fees and deposit the same in the Repayment Nodal Account designated by the NBFC towards repayment to the NBFC.
10. Permission to track your location and your whereabouts in order to ensure that the repayment of the Salary Advance Facility, interest accrued thereon as per the Salary Advance Facility Documents and the Transaction Fees can be pursued and ensured. The said tracking shall continue during the provision of the Products and Services, and even in case You discontinue, stop or cease to use or avail the Products and Services, through deletion or uninstallation of the Mitra platform or otherwise, till the event the amount due to the NBFC stands repaid in full.
11. Consent to receive sponsored content and show ads that Mitra thinks will be relevant to you. Mitra may use Your personal data and/or information to help determine which ads to show to You.

9. Intellectual Property Rights belonging to Mitra

These Terms of Use do not transfer to you any Intellectual Property Rights and other proprietary information including but not limited to copyright, trademarks, service marks, graphics and logos used in or in connection with the Mitra platform or the Products and Services. The said Intellectual Property Rights are owned by Mitra or third-parties and all rights, titles, and interests in and to such property will remain solely with Mitra platform or third parties, as the case may be. Your use of Mitra Platform or Products and Services grants you no right or license to reproduce or otherwise use any Mitra or third-party Intellectual Property Rights. You cannot copy, post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information of Mitra, third parties etc.

10. Links to Third Party Applications or Websites

Mitra platform may contain links and interactive functionality interacting with the websites or applications of third parties including but not limited to payment gateways, links to advertisements etc.

Mitra is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such third party website or application. Mitra shall not liable or responsible for any such interactions that you may have with any such third party websites, applications or links etc.

11. Disclaimer of warranties and liabilities

You expressly acknowledge and agree that use of Mitra Platform or the Products and Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy etc. is with you. Mitra platform and the Products and Services are provided on “as is” and “as available” basis, with all faults and without warranty of any kind.

Mitra hereby disclaims all warranties and conditions with respect to the Mitra platform and Products and Services, either express or implied including, but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement of third party rights. Mitra does not warrant against interference with your enjoyment of the Mitra platform and Products and Services, that the functions contained in, or services performed or provided by the Mitra platform will meet your requirements, that the operation of the Mitra platform or Products and Services will be without delays, disruption or imperfections, uninterrupted or error-free, or that defects in the Mitra platform will be corrected. Mitra shall not be liable under any circumstances for damages arising out of or related in any way to your inability to access, or your difficulty in accessing the Mitra platform, any hacking attacks, malware infection, bugs, viruses, trojans, or the like, which may be transmitted to or through the Mitra platform by any third party (even though all efforts will be made to secure the Mitra platform); any loss of your data or your failure to keep your password or Account details secure and confidential

Mitra shall have no responsibility for any damage to your mobile handset or computer system or loss of data that results from the download of any content, materials, document or information.

Mitra platform may contain views, advices and statements of third parties but Mitra does not endorse the accuracy, reliability of any views, advices or statements. You relying on any such views, advices and statements shall be solely at your risk and cost.

12. Limitation of liability

To the extent not prohibited by law, in no event shall Mitra be liable for personal injury or any exemplary, incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, information, content, personal loss, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Mitra platform or Products and Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Mitra has been advised of the possibility of such damages. Notwithstanding anything contained herein or the Privacy Policy or any other policy, in no event shall Mitra’s total liability to you for all and any damages, losses, claims etc. exceed the amount of Transaction Fees paid by you to the NBFC for availing the Salary Advance Facility.

13. Indemnification

You agree to indemnify and hold Mitra and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees incurred in connection with or arising from your breach of any of the Terms of Use or other policies including but not limited to the Privacy Policy and any third-party allegations, claims, actions, disputes or demands asserted by any of them as a result of or relating to your use of Mitra platform and Products and Services or breach of any of the present Terms of Use or other policies including but not limited to the Privacy Policy.

14. Force Majeure

Notwithstanding anything contained herein or the Privacy Policy or any other applicable policy, Mitra shall under no circumstances be held liable for any damages, losses, loss of Products and Services etc. resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, acts of nature, failures of internet or computer/telecom equipment, change in regulations such as Reserve Bank of India regulations, or other government regulations, riots, epidemics, storms, civil disturbances, floods etc.

15. Termination

The agreement is effective until terminated by You or Mitra. You can terminate this agreement at any time by closing the user account and no longer accessing or using the Mitra platform or Products and Services.

Your rights under this agreement will terminate without notice if You fail to comply with or breach any of the Terms of Use or any other policies including but not limited to Privacy Policy or it is discovered that you are not eligible to use the Mitra platform.

Upon termination of the License, You shall cease all use of the Mitra platform and Products and Services and destroy all copies, full or partial, of the Mitra platform. In case of any termination by either You or Mitra or in case of deletion, uninstallation, discontinuation of use of the Mitra platform, You will not be absolved from your obligation and liability of repaying the outstanding dues including but not limited to the amount of the Salary Advance Facility, interest accrued thereon as per the Salary Advance Facility Documents and the Transaction Fees, to the NBFC nor any rights of recovery in relation thereto would be waived of.

16. Governing Law, Jurisdiction and Arbitration

    i.          The formation and interpretation of these Terms of Use, Privacy Policy or any other applicable policy and any disputes arising in relation thereto shall be governed by the substantive and procedural laws of India. Courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction in or in relation to any matter arising under the present Terms of Use or connected policies including but not limited to the Privacy Policy.

2. In the event of disputes, differences or claims arising out of or in connection with these Terms of Use and/or the other applicable policies including but not limited to Privacy Policy or in any way relating hereto or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation thereto, Mitra and You shall first endeavor to settle such differences, disputes or claims by amicable settlement and failing such settlement, the same shall be resolved by arbitration by a sole Arbitrator to be appointed mutually by Mitra and You. The arbitration proceedings shall be held in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The place of Arbitration shall be Bengaluru and the proceedings shall be conducted in the English language.

17. Amendments and Modifications

Mitra reserves the right to modify this Terms of Use or policies including but not limited to Privacy Policy relating to the Mitra platform or Products and Services at any time, effective upon posting of an updated version of this Terms of Use or the said policies, as the case may be, on the Mitra platform. Upon doing so, the revised updated date shall be reflected at the bottom of the page containing the Terms of Use or the said policies. Continued use of the Mitra platform or Products and Service after any such changes shall constitute your consent to such changes to the Terms of Use or said policies.

18. Mechanism for Grievance Redressal

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the contact details for raising grievances, if any are provided below:

Address: 402-A, Sumit Samarth Arcade, Goregoan West, Mumbai, MH-400065

Contact Number: +91 9653672539

E-mail: care@mitrafintech.com