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.
Vidhya Private limited is an intermediary as defined under Section 2 (w) of the
the provisions of Rule 3 (1) of the Information Technology (Intermediaries
Guidelines) Rules, 2011.
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
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.
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.
reserves the right, at its sole discretion, to change, modify, add or remove
notification shall be deemed to mean that you have reviewed the updated Terms
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
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.
“ 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.
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.
- “ 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.
- “ Transaction
Fees” shall mean the charges payable by the User Employee to NBFC for
availing the Salary Advance Facility.
Products and Services” shall mean products, features, services,
technologies, software etc. that are being offered on the Mitra platform.
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.
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.
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.
- “ 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
the binding terms and conditions for use by a User Employee (“You”) of the
Mitra platform and the related Services as defined herein below.
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
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.
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.).
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.
User eligibility and the conditions of use
explicitly agree, represent and warrant that you:
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.
not give access to your respective Account to others or transfer Account
to anyone else.
- you or
your Account has not previously been disabled by Mitra for violations of
its terms or policies.
- are not
prohibited from using the Mitra platform or the Products and Service under
applicable laws or orders/directions/judgments of courts.
not do anything that is unlawful, misleading, discriminatory or
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.
not access or collect data from Mitra platform using automated means or
attempt to access data for which there is no permission to access.
not breach these Terms or any other Terms and policies that apply to use
of Mitra platform.
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
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.
Availing the Products and Services
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
- 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
hereby also authorize the NBFC and Mitra to get your credit information
report from one or more credit information companies, from time to time.
shall also be required to sign and execute the Salary Advance Facility
Documents, as may be required by the NBFC, from time to time.
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.
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
agree and understand that the Salary Advance Facility would be extended
strictly in terms of the Salary Facility Documents executed between 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.
Facility Documents and all other documents executed by You shall form the
entire understanding for the purpose of extension of the Products and
License and its scope
limited privilege to access and use the Mitra platform and Product and
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
the terms of the license for that upgrade will govern.
Specific permissions, consent and authorizations given by you
hereby agree, permit, consent, authorize and provide:
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.
sharing of your information with any third party for purposes except as
outlined above shall be subject to prior intimation and your consent.
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.
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.
to using 3rd party service to verify KYC details including PAN (through
NSDL or other portals), phone number and bank account
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.
to collect and share the duly executed Salary Advance Facility Documents,
repayment cheques/NACH/ECS etc., with the NBFC, on your behalf.
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).
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
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
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.
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.
Intellectual Property Rights belonging to Mitra
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.
Links to Third Party Applications or Websites
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.
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.
Disclaimer of warranties and liabilities
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.
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
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.
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.
Limitation of liability
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
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.
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
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
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.
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.
rights under this agreement will terminate without notice if You fail to comply
the Mitra platform.
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.
Governing Law, Jurisdiction and Arbitration
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 the
event of disputes, differences or claims arising out of or in connection
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.
Amendments and Modifications
Services at any time, effective upon posting of an updated version of this
Upon doing so, the revised updated date shall be reflected at the bottom of the
platform or Products and Service after any such changes shall constitute your
Mechanism for Grievance Redressal
accordance with the Information Technology Act, 2000 and Rules made thereunder,
the contact details for raising grievances, if any are provided below:
Sumit Samarth Arcade, Goregoan West, Mumbai, MH-400065
Number: +91 9653672539