Terms & Conditions
1. Introduction
Welcome to Ninjacart Services Plaform!
The Ninjacart Services Plaform (as defined below) is operated by Ninjacart Services Private Limited, a
company incorporated under the laws of India, having its registered office at a Smartworks,
Vaishnavi Tech Park, Survey No. 16/1 and 17/2, Ambalipura Village, Varthur Hobli, Bangalore East
Taluk, Karnataka 560102, India, and its affilates, and as part of their business objective operates
multiple mobile applications and website as defined below in the terms collectively hereinafter
referred to as “Ninjacart Services Plaform”
For the purpose of these terms and conditions (hereinafter referred to as the “Terms”),
- the term “Account” refers to the account created by Users to access the Services.
- the term “App” refers to Ninjacart Services mobile application/desktop application called
“Ninja” (to the extent it provides trade enablement facilty) & “Ninja Kirana” which are
operated by Ninjacart Services Private Limited (NSPL) and accessible at Ninja Kirana & Ninja
the term “Applicable Law” or “Applicable Laws” as the context may require, means and
includes all laws, ordinances, statutes, rules, orders, decrees, injunctions, licenses, permits,
approvals, authorisations, consents, waivers, privileges, agreements and regulations of any
governmental authority having jurisdiction over the relevant matter as such are in effect as of
the date hereof or as may be amended, modified, enacted or revoked from time to time
hereafter including writs, judgment, injunction, decree or similar order of any competent
court or similar person having jurisdiction over the relevant matter as such, are in effect as of
the date hereof.
- the term “Trade Enablement Facility Terms” refers to the terms, accessible at [Trade
Enablement Facility Terms] applicable to eligible Users who choose to avail certain value-
added services.
- the terms “Ninjacart Services Platform” (which may be used interchangeably), collectively
refer to the Website and App.
- the term “Privacy Policy” refers to Ninjacart Services privacy policy accessible at the privacy
poliicy
- the terms “Service” or “Services” as the context may require, means access to the Platform
that allows Users to avail credit or other financial solutions from banks, non-banking financial
institutions, and other financial institutions (Lending Partners) licensedby the Reserve Bank of
India or any fin-tech entities who have partnered with the Company (“Trade Enablment
Facility Terms”).
- the term “Service Content” refers to all forms of content and information made available to a
User of the Platform, where such content and information may include audio, video and
software product material which may be required by the User.
- the term “Third Parties” or “Third Party” (which may be used interchangeably), refer to any
third-party service providers such as vendors and service providers including logistics service
providers, payment gateways, contact point verification, collection agencies, etc. to process
payments and manage payment card information used by Ninjacart to provide Services.
- the term “User Information” refers to any information provided by the User including but not
limited to name, date of birth, telephone number, email address and residential address, for
the creation of an Account, for the purpose of availing/accessing the Services or as may be
required under the Credit Facility Terms.
- the terms “User”, “you”, “yours”, as the context may require, refer to, and include all
individuals, natural persons, legal persons (sole proprietors, partnership firms, companies,
LLPs, societies or HUFs) that register on the Platform and/or use, transact or avail the Services
of the Platform.
- the terms “we”, “our” and “us” (which may be used interchangeably), refer to Ninjacart
Services.
The term “Website” refers to Ninjacart Services’ interactive online website accessible here .
By clicking on 'I/We Accept' during the sign-up process: you acknowledge that:
- you have read, understood and accepted these Terms and Ninjacart Services applicable
policies, such as its Privacy Policy and Terms and condition and
- if you represent a person or entity, you confirm and represent that you have the necessary
power and authority to bind such person and/or entity to these Terms and Ninjacart Services’
applicable policies, such as its Privacy Policy.
- you represent that you are 18 years or above and /or otherwise legally competent to enter
into a binding agreement.
- you represent that you are compliant with all applicable laws, while using our Services.
- you represent that (i) you have the rights required to provide the User Information to
Ninjacart Services, and (ii) any and all User Information provided to us by you is accurate and
valid.
- you accept these Terms and agree that you will comply with and are legally bound by these
Terms.
Ninjacart Services may modify the Terms at any time, with or without notice, by posting the changes
on the Platform and you agree that it shall be your responsibility to ascertain the changes to the
Terms, by viewing the revised Terms. Ninjacart Services may periodically inform Users of the Terms,
Privacy Policy and other relevant terms that Users are bound by, and update Users of any change in
such terms (if any). Where required under Applicable Laws, we will obtain your consent prior to any
material changes pertaining to your continued use of any Services after the new and/or revised
Terms are effective, which would indicate that you have read, understood, and agreed to those
Terms. If at any time you find these Terms of service or use unacceptable, you must immediately
cease accessing the Platform and all use of the Service therein.
2. Use of the Service
- Our Services are provided solely for your internal use by you or your organization.
- Except as expressly permitted in these Terms or as we may otherwise permit, you may not
use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly
perform, publish, transmit, or otherwise exploit the Service or its associated content for any purpose
whatsoever without obtaining our prior written consent or, in the case of third-party content, the
relevant owner therein. In certain instances, we may suggest, ask or otherwise permit you to
download, install or print Service Content. In such a case, you may do so only in the manner
authorized and for your non-commercial use only. You acknowledge that you do not acquire any
ownership rights by downloading, installing or printing Service Content.
- Any software that is made available to view and/or download in connection with our
Platform is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by
intellectual property laws and international treaty provisions. Your use of the software is governed
by the terms of the end user license agreement, if any, which accompanies or is included with the
software and you shall not claim any proprietary right thereof. We accept no responsibility or
liability in connection with any software owned or controlled by third parties.
3. Account Registration
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The Users willing to avail the Services, are required to register/create their own account on
the Platform. For the successful registration of your account, you are required to provide us with
User Information. All User Information will be used and processed in accordance with these Terms,
the Privacy Policy. You agree to provide correct and valid information details as required in order to
complete the registration process. Upon registration, the User will receive a username, and have the
option to access/log-in to, (i) the App, only via One Time Password (OTP) sent to the User’s phone
number submitted as part of the registration process, and (ii) the Website, via OTP or password (as
set by the User).
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The User will be required to take all the necessary measures for maintaining the privacy of
their Account’s username and password created upon registration. The User will also be responsible
for any and all activities that occur under through their account. Additionally, Users are prohibited
from selling, trading, or otherwise transferring their Account to another party or impersonating any
other person for the purpose of creating an Account on the Platform.
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We encourage Users to use "Strong” passwords (i.e., passwords that use a combination of
upper and lower case letters, numbers and symbols) for their Account. You agree to immediately
notify us of any unauthorised use of the Account or password. You will be solely responsible for your
acts on the Platform, including those conducted under the username assigned to you or using your
User Information. Further, use of another User’s Account information for availing the Services is
expressly prohibited. In the event we detect any suspicious activity in relation to your Account, we
reserve the right to immediately suspend your account, with or without notice.
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Any data of your usage may be retained or deleted in accordance with Applicable Laws.
4. Service Guidelines and Terms
- The Users may use the Platform to make and receive payments when availing the Services,
and keep track of said transactions on the Platform. The User understands and acknowledges that in
order to facilitate the payment or receipt of funds (as they relate to the Services) through the
Platform, Ninjacart Services may use the payment infrastructure provided by any Third Party .
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The information on security of these payment methods, along with the information on any
fees or charges payable by you, charge back options (if any), will be provided to you by the Third
Party payment gateway provider.
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By opting to pay or receive payments through the Platform, the User hereby authorises the
Third-Party payment gateway to generate an electronic funds transfer between the payment system
providers and the User’s bank account to process each transaction.
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The Users should ensure that the transactions (including the services availed on the Ninjacart
Services Platform) for which the payment link is provided, comply with all Applicable Laws being in
force. In the event, any transaction processed through the Platform violates any law or is prohibited
in any way, then
(i) the User shall be solely liable for any liability arising from such transactions, and
(ii) Ninjacart Services reserves the right to suspend/terminate the User’s Account.
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If a User chooses to avail certain financial services facilitated through lending partners with
Ninjacart Services using the Platform, the said User will also be governed by the Trade Enablement
Facility Terms set out in Schedule- II. In order to make payments online via the Platform, you
undertake to use a valid payment card or bank details or third-party wallets or details required for
any other mode of payment (hereinafter referred to as “Payment Details”) with the authority to use
the same, to have sufficient funds or credit available to complete the payment on the Platform in
good standing.
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These Payment Details will be provided by you to our Third-Party payment gateway providers
and will be governed by such payment gateway providers’ terms and policies. By providing the
Payment Details, you represent, warrant, and covenant that:
- you are legally authorized to provide such Payment Details;
- you are legally authorized to perform payments using such Payment Details; and
- such action does not violate the terms and conditions applicable to your use of such
Payment Details or Applicable Law.
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The User shall not use the Platform for any transaction that involves the sale or supply of
prohibited products and services, including without limitation to:
- sale of counterfeit, replicas and pirated goods and goods infringing any intellectual property
rights including pirated recordings or copies of unauthorized copyrighted materials whether
in electronic or physical form or any other medium which may not be in existence at
present;
- sexually-oriented or pornographic products or services;
- products/services intended to inflict or promote revenge, harassment, and other forms of
abuse, humiliation, and intimidation;
- weapons and ammunition;
- sale of tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and
related products;
- sale of liquor or any narcotic drugs and psychotropic substances;
- sale / supply of any good or service which may not be in public interest;
- gambling or other prohibited activities; or
- sale / supply of good or service which results in non-compliance of any Applicable Law.
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In the event there is any delay or issue related to the transaction, the User can contact the
Ninjacart support team at 080-35018270. We will make commercially reasonable efforts to resolve
the issue within a reasonable timeline. All refunds will be processed by following the validation of
the transaction from case to case basis and in accordance with Applicable Laws.
- The User agrees and understands that, Ninjacart Services is not liable or responsible or in any
manner a party to any transaction where the payment has been made outside the Platform. Except
to the extent otherwise required by Applicable Laws, Ninjacart Services is not liable for any
payments authorized through the Platform using your Payment Details.
- The User agrees to cross-check the account details and other details before initiating a
transaction. If the User had entered wrong account number /VPA ID on the Platform, then Ninjacart
Services shall not be held responsible, nor will we be in a position to initiate refunds.
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Further, Ninjacart Services is not liable for any payments that do not complete because:
- your payment card or bank account or third-party wallet does not contain sufficient funds
to complete the transaction, or the transaction exceeds the credit limit in respect of the
Payment Details provided;
- your payment card has expired; or
- of circumstances beyond Ninjacart Services control (such as, but not limited to, power
outages, interruptions of cellular service, or any other interferences from an outside force),
acts of God, prevent the execution of the transaction.
5. Prohibited Activities
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Except as expressly permitted in these Terms, you confirm and undertake that you will not:
- Use the Platform in any illegal manner or any manner which encourages or promotes illegal
activities.
- Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice
we include in or through our Services or Service Content;
- Circumvent, disable or otherwise interfere with our security-related features including,
without limitation, any features that prevent or restrict the use of or copying of any
software or other Service Content;
- Attempt to crawl, scrap, extract, and harvest or otherwise access any data or content of
the website via any automated means or systematic means;
- Collect or harvest any personally identifiable information or non-personally identifiable
information from our Platform and/or Services including, without limitation, user names,
passwords, email addresses;
- Attempt to test the vulnerability of the website by using means to disproportionately put
load on the Platform’s infrastructure.
- Upload or distribute any virus, bugs, trap doors, trojan horse, worm, keystroke logger,
rootkit, harmful codes or other similar software or programs that may damage the
functioning of the Platform or another’s computer.
- Decompile, modify, adapt, translate, disassemble or reverse engineer or re-format or
frame whole or any portion of our Platform or other Service Content.
- Use network-monitoring software to determine architecture of or extract usage data from
our Platform and/or Services;
- Make efforts to subvert the Platform’s navigational structure by hacking into the Platform
database to obtain information.
- Encourage conduct that violates any applicable laws, either civil or criminal, or
impersonate another User, person, or entity;
- Engage in any conduct that restricts or inhibits any other User from using or enjoying our
Services.
- Make any defamatory, derogatory, abusive, inappropriate, indecent comment or
statement about the Platform and/or Ninjacart and its affiliates, associates, partners or any
property owned by Ninjacart.
- Ninjacart Services reserves the right to suspend/cancel/terminate your use of using the
Platform, if Ninjacart Services has a reason to believe that you have indulged in any of the prohibited
activities mentioned above, or have breached any of the Terms. You agree to fully cooperate with us
to investigate any suspected or actual activity that is in breach of these Terms.
6. Warranties and Representation
-
No warranty of any kind, implied, express or statutory, including but not limited to the
warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, or
fitness for a particular purpose, is given with regard to the Services or the Platform.
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The User acknowledges that they have not solely relied on any representation/warranty
made by Ninjacart Services or its Third Parties, and have made independent assessments of the
Services offered through the Platform.
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The User agrees acknowledges that Ninjacart Services is not a payment aggregator or
payment gateway. It uses Third Parties to facilitate enabling the transactions of the Users. The User
also agrees that Ninjacart Services is not a party to any transaction, nor does it partner or endorse
any transaction carried out by the Users through the Platform. Ninjacart Services Platform only
mediates a User’s interaction with the Third Party (i.e., payment gateway service provider) for
seamless transactions. Therefore, Ninjacart Services is not a party to any transaction done by the
Users via this Platform. Notwithstanding anything to the contrary contained herein, neither Ninjacart
Services nor any of its affiliates or related parties shall have any liability to the User 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.
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The User specifically represents and warrants that the User shall be solely responsible for all
the services which the User availed via the Platform, including the product description, price, fees,
tax, any required legal disclosures, compliance and any offers or promotional content.
7. Disclaimers
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The Platform and Services are provided to you on “as is” and “as available” basis without
warranty of any kind either express or implied. We do not warrant that the Services provided by the
Platform will be uninterrupted or error free or that the Platform or its hosting server are free from
viruses or other harmful components. Further, the User acknowledges that on occasion the Platform
may be temporarily down due to periodic maintenance, technical issues, or for any security reasons
beyond Ninjacart Services control. In such instances of downtime, Ninjacart Services shall not be
held liable for any losses which Users may incur. However, Ninjacart Services shall make best efforts
to rectify the issue causing the downtime, and make the Platform available at the earliest.
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Furthermore, the User understands that Ninjacart Services is merely a facilitator that provides
software infrastructure to Users (i.e., borrower andlender ) to facilite the transaction process. The
User agrees and acknowledges that Ninjacart Services is not responsible for any information made
available on Platform, and that Ninjacart Services makes no warranties with regard to the accuracy,
completeness, or correctness of such information. The material on the Platform is provided for
general information purposes only and should not be relied upon or used as the sole basis for
making decisions, i.e., without consulting primary, more accurate, more complete, or updated
sources of information. Any reliance on the material on Platform is at the User’s own risk. We
reserve the right to modify the contents of Platform at any time, but we are not obligated to do so.
The User agrees and acknowledges that it is the User’s responsibility to monitor changes to the
Terms.
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The Website contains links to Third Party services and resources as defined in the Schedule-I.
The services and resources provided by Third Parties are not controlled by Ninjacart Services, and
when using them Users are bound by the terms of said Third Party. We do not ensure the availability
and content of such Third Party resources. Any concerns regarding any such Third Party service or
resource, or any link thereto, should be directed to the relevant Third Party. These resources or links
provided by Ninjacart are provided to the User only as a convenience and the inclusion of any Third
Party resources, services or link does not imply any endorsement by Ninjacart Services.
8. User Content
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You may be permitted to post, upload, transmit through, or otherwise make available through
our Platform and/or Services, messages, text, illustrations, data, files, images, graphics, photos,
comments, feedbacks, suggestions, sounds, music, videos, information, content, and/or other
materials (hereinafter referred to as “User Content”). Subject to the rights and license you grant
Ninjacart Services herein, you retain all right, title and interest in your User Content. We do not
guarantee any confidentiality with respect to User Content even if it is not published through our
Services. It is the Users sole responsibility to monitor and protect any intellectual property rights
that they may have in their User Content, and we do not accept any responsibility for the same.
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You hereby represent and warrant that you shall not submit or upload any User Content to
the Platform that violates or infringes any third party’s intellectual property rights (which includes
patent, trademark, copyright or any other proprietary right). You are solely liable for any damage
resulting from such violation/infringement of third party rights or from any other harm resulting
from User Content that you submit or upload on the Platform.
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You confirm and undertake that you will not host, display, upload, modify, publish, transmit,
update or share any User Content that:
- belongs to any other person over which you don’t have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including
bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically
objectionable, relating or encouraging money laundering or gambling, or otherwise
inconsistent with or contrary to the laws in force;
- encourages conduct that would constitute a criminal offense, gives rise to civil liability or
otherwise violates any law;
- is harmful or inappropriate for minors in any manner whatsoever;
- deceives or misleads the addressee about the origin of the message or knowingly and
intentionally communicates any information which is patently false or misleading in nature
but may reasonably be perceived as a fact;
- impersonates another person;
- violates any state, or central, or international laws;
- infringes any patent, trademark, copyright or other proprietary rights;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations
with foreign States, or public order, or causes incitement to the commission of any
cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt,
destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to
mislead or harass a person, entity or agency for financial gain or to cause any injury to any
person.
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You further represent and warrant that the User Content submitted to us is not subject to any
confidentiality obligations. By submitting and/or uploading the User Content on the Platform, you
expressly grant Ninjacart Services a worldwide, royalty-free, perpetual, irrevocable and freely
transferable license to use, copy, distribute, display, make derivative copies, and modify the User
Content without any restrictions. You also agree that such license will not revert to you due to any
non-utilization of the User Content by Ninjacart Services. You also agree to grant Ninjacart Services
the right to use the name that has been submitted with the User Content, in connection with such
User Content. However, that all such uses will be consistent with the terms of our Privacy Policy.
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Notwithstanding the generality of the foregoing, we reserve the right to display
advertisements in connection with your User Content and to use your User Content for advertising,
marketing, promotional, and other commercial purposes. You acknowledge and agree that your User
Content may be included on the websites and advertising networks of our Third Party partners such
as distribution partners, marketing partners, accounts.
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We have the right, but not the obligation, to monitor User Content. We have the right, in our
sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to
any User Content.
9. Indemnity
You shall indemnify and hold harmless Ninjacart Services, its officers, directors, employees, partners,
successors, agents, distribution partners, affiliates, subsidiaries, and their related companies
(hereinafter collectively referred to as the “Indemnified Parties”) from any claim or demand, or
actions including reasonable attorneys fees, made by any third party or penalty imposed due to or
arising out of your breach of this Terms, and related policies, or your violation of any law, rule,
regulation, or the rights including the infringement of intellectual property rights of any third party.
10. Limitation of Liability
Our liability to you is limited to the minimum extent as permitted under applicable law. In no event
shall Ninjacart Services, its affiliates or any of their respective officers, directors, employees, agents
or service providers be liable for indirect, incidental, special, consequential or exemplary damages
(even if we have been advised of the possibility of such damage) arising from or directly or indirectly
related to:
- the use of or inability to use the Platform or any of the Services or materials provided by us.
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any downtime costs, loss of revenue or business opportunities, loss of profit, loss of
anticipated savings or business, loss of data, loss of goodwill or loss of value of any
equipment including software;
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any loss or damage arising as a result of a disclosure/sharing or hacking of the User’s
Account details (such as password details), and any improper usage, failure or
malfunction of any computer or mobile phone, unavailability of an electricity
connection, other telecommunications equipment, any other services or equipment
necessary to access Ninjacart Services;
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act or omission of any third party including but not limited to any equipment or software
providers, any service providers, any network providers (including but not limited to
telecommunications providers, internet browser providers and internet access
providers), or any agent or subcontractor of any of the foregoing;
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theft or loss of the User’s computer, mobile phone, the User’s data, the User’s login
details and password, hardware and/or equipment on which the Platforms are accessed
or operated.
11. Intellectual Property Rights
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All the contents, including without limitation, information, graphics, data, text, layout, music,
sound, photograph, arrangements, source code, software compilations or any other materials,
contained or available in the Platform (excluding User Content) vest solely with Ninjacart Services.
The User agrees not to do any of the following without the prior written consent of Ninjacart
Services
- make copies of the Platform for purpose of distribution to others or distribute the Platform
to others, whether directly or indirectly;
- decompile, reverse engineer, disassemble or otherwise reduce the software to human-
perceivable form;
- modify, adapt, translate, rent or sublicense, assign, loan, resell for profit or distribute the
Platform or create derivative works based thereon.
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The trademark, logo and service mark displayed on or in the Platform is the exclusive property
of Ninjacart Services and/ or its Affiliates as it reserves all the intellectual property right in these
contents. The User agree not to use, reproduce, sell, transmit, create derivate work or distribute any
content from the Platform (excluding User Content). Additionally, you agree not to use our trade
dress, or copy the look and feel of our Platform or its design, without our prior written consent. Use
of the Platform does not entitle the User to make any unauthorized use of any protected content
(which includes Ninjacart Services intellectual property and third-party intellectual property). User
may use the protected content solely for personal use and will make no other use of the content
without express written permission of Ninjacart Services App.
12. Infringement Policy
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We take matters related to intellectual property rights, privacy and confidentiality very
seriously. We do not encourage the posting of any copyrighted or infringing materials on our
Platform. Further, while we prohibit Users from posting any defamatory or derogatory contents on
the Platform, we cannot ensure that no such content has been submitted or uploaded on the
Platform. The User Content posted is not reviewed prior to the submission.
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Should you have any complaints regarding the Platform, including but not limited to abuse
and misuse of the Platform, copyright infringement and the like, or any issues related to data privacy
or defamatory content, please report the same at privacy@ninjacartservices.com
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All the notices of legal claim can be submitted at email: legal@ninjacart.com
13. Account Termination
We reserve the right to suspend or terminate your Account or refuse any or all current or future use
of the Platform without giving prior notice, if we find that you have violated any of the Terms, and
related policies or guidelines. Such termination will result in the deactivation or deletion of your
Account or your access to the Platform.
You also reserve the right to terminate your account or stop taking our services, in the event you are
dissatisfied with our Services
14. Governing Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws
applicable in India and any dispute arising out of or in connection to these terms of use shall be
subject to the exclusive jurisdiction of the applicable court under the jurisdiction of Bengaluru,
Karnataka.
15. General Terms
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The section headings used herein are for convenience only and shall not be given any legal importance.
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If a provision of these Terms is determined by any court or other competent authority to be
unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/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 Terms will continue in effect.
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Where we have provided you with a translation of the English language version of these
Terms, our Privacy Policy or other relevant terms, you agree that the translation is provided for your
convenience only and that the English version governs your relationship with us. The English version
takes precedence if there is any contradiction between the English and translated versions.
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No waiver of any provision of these Terms shall be binding unless executed and notified by
Ninjacart Services in writing to you. No waiver of any of the provisions of these Terms shall be
deemed or shall constitute a waiver of any other provision and no waiver shall constitute a
continuing waiver. You hereby waive any present or future claims you have against Ninjacart
Services arising from your use of the Platform.
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These Terms including the Privacy Policy and any additional terms available in the Website,
constitutes the entire agreement between Ninjacart Services App and the User with regard to the
subject matter of these Terms and shall supersede any and all prior agreements, negotiations,
correspondence, undertakings, promises, covenants, arrangements, communications,
representations, and warranties (if any) between the Ninjacart Services and the User, whether oral
or written.
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Ninjacart Services shall not be made liable for any breach of these Terms due to any force-
majeure event that prevents or delays performance of its obligations under these Terms, such as an
act of God, fire, lightning, acts of terrorism or war, epidemics, pandemics, explosion, flood, adverse
weather conditions, power failures, failure in any communication systems, equipment breakdown,
strikes, lock-out or any other cause beyond our Control.
16. Notices
All notices to the Users will be sent to their mails or will be posted on the Platform. The Users, who
have maintained their e-mail address with us, will be receiving notice in such e-mail address only.
Email notices are deemed received the day after transmission if properly addressed to the intended
recipient.
Schedule-I
List of Lending Partners/Third Parties for Ninjacart Services Private Limited
SI No. |
Name of Lending Partner/ Third Party |
Purpose |
a. |
Trillionloans Fintech Pvt Ltd |
Credit Services |
b. |
Avanti Finance Pvt Ltd |
Credit Services |
c. |
Ugro Captial Ltd |
Credit Services |
d. |
63Ideas Infolabs Pvt Ltd |
Service Provider |
e. |
eSolve Infotech Pvt Ltd |
Collection Service Partner |
f. |
Terra Activa Solutions |
Collection Service Partner |
g. |
SN Enterprises |
Collection Service Partner |
h. |
JJ Associates |
Collection Service Partner |
i. |
Image Marketing |
Collection Service Partner |
j. |
Shree Mahadev Solutions |
Collection Service Partner |
k. |
Astute Corporate Services Private Limited |
CPV Agency |
l. |
MarketXpander Services Private Limited (Leadsquared) |
Sourcing Partner & Service Provider |
m. |
Perfios Software Solutions Private Limited |
Service Provider |
Schedule-II
TRADE ENABLEMENT FACILITY TERMS
All capitalized terms used herein shall have the meaning ascribed to them under the
Terms, unless otherwise expressly defined herein. If you choose to avail Trade Enablement
Facilities from our Lending Partners, these Trade Enablement Facility Terms will apply to you.
Introduction
Ninjacart Services may:
- allow Users who meet certain eligibility criteria to apply for and avail Trade Enablement
Facilities from our Lending Partners,
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facilitates User repayment of the Trade Enablement Facilities, and
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allows Users to monitor their loan accounts for the Trade Enablement Facilities availed
through the Platform from partner Lenders.
Ninjacart Services is not a Lender, and does not lend or nor offer Trade Enablement Facilities.
Ninjacart Services partners with Lenders in order to facilitate eligible User access to Trade
Enablement Facilities. Ninjacart Services is not a party to any credit arrangement or Trade
Enablement Facility arrangement and all contractual arrangements for Trade Enablement
Facilities are solely between the eligible User and the partner Lender.
Definitions
Ninjacart Services may:
- the term “Trade Enablement Facility” or “Trade Enablement Facilities” as the context may
require, refers to the line of trade enablement facilities granted by partner Lenders to Users of
the Platform who meet the eligibility criteria prescribed by the relevant partner Lender.
-
the term “Lender” or “Lenders” as the context may require, refers to banks, non-
banking finance companies and other Reserve Bank of India authorized lending institutions that
offer credit facilities to eligible Users via the Platform.
-
the term “Loan Agreement” refers to all documentation and agreements, such as
the sanction letter, the ‘Most Important Loan Terms’ etc. which eligible Users must execute
in order to avail Trade Enablement Facilities from partnering Lenders.
Representations and Warranties
For the purposes of availing Trade Enablement Facilities from partnering Lenders, you
hereby represent and warrant that:
- you understand and recognise Ninjacart Services as merely a technology service
provider facilitating the interaction between eligible Users and partnering Lenders.
-
you are (a) an Indian citizen, and (b) 18 years or above and are otherwise legally competent to
enter into a binding agreement.
-
you will inform Ninjacart Services and/or partnering Lenders of any change in your residential
status.
-
all User Information provided by, and filled in by you are true, correct, and accurate, and that
you have not withheld or suppressed any material User Information.
-
you will share any additional User Information required for the processing of Trade
Enablement Facility applications.
User Application
In order for the User to be able to avail Trade Enablement Facilities, the User will need to meet
certain eligibility criteria specified by the relevant partnering Lender. The User must answer
all questions raised on the Platform or otherwise by Ninjacart Services in relation to the Trade
Enablement Facility in an honest manner.
Ninjacart Services may assist its partnering Lenders in processing Trade Enablement Facility
applications made through the Platform by collecting User Information (on behalf of partner
Lenders) as required by the partnering Lenders, which may include ‘Know Your Customer’ (KYC)
data, income, User photographs, purpose of the Trade Enablement Facility, bank statements etc.
Ninjacart Services does not engage in the verification of User Information, and such verification
is undertaken by partnering Lenders. More details regarding the collection and processing of this
information are provided in the Privacy Policy. Ninjacart Services may also monitor User actions
associated with the Trade Enablement Facility, through the information collected from User’s
loan account (i.e., account in which loan amount is transferred by partnering Lenders), sales or
purchases made via the Platform, successful delivery of User goods etc., by relying on the
services of Third Parties.
Ninjacart Services may forward Trade Enablement Facility applications to partner Lenders based
on the metrics shared by said partnering Lenders. Ninjacart Services does not decide on the
creditworthiness of any Trade Enablement Facility application made by a User. Our partnering
Lenders may assess the Trade Enablement Facility application and upon their sole discretion
choose to grant / not grant a Trade Enablement Facility to the User. The partnering Lender shall
have the right but not the obligation to provide the reason for its decision to the User. If the
partner Lenders choose to grant eligible Users a Trade Enablement Facility, the User will be
required to:-
- execute the Loan Agreements to the Lender’s satisfaction, and
- to fulfil any other condition prescribed by the partnering Lender such as granting the
Lender a NACH mandate or the Users providing guarantees to Lenders for the Trade
Enablement Facility, as required.
Repayment and Collection
Ninjacart Services may, pursuant to any agreements entered into between Ninjacart Services
and its Lenders, assist its Lenders in relation to the Trade Enablement Facility provided to the
eligible User, including for the collection or repayment of any fees, charges or other amounts
owed to them by eligible Users in accordance with the Loan Agreement. The eligible User
agrees and acknowledges that Ninjacart Services may be required to inter alia collect or recover
any sums owed to the partner Lender by the eligible User, or undertake any other actions
necessary for Ninjacart Services to fulfil its obligations to the partner Lender, pursuant to the
Trade Enablement Facility provided to the eligible User, including however, not limited to
remittance of such amount collected/recovered to the partner Lender. Any collection including
in relation to default shall be in accordance with the Loan Agreement.
It is hereby clarified that the eligible Users shall be solely liable for all consequences associated
with the eligible User's breach of obligations in relation to the Trade Enablement
Facility, including any inability to repay the borrowed amounts, and Ninjacart Services may
undertake all such actions, including as set out under the Terms, in relation to recovering such
amounts.
The User agrees that no authorisation letter or other documentation will be required
by Ninjacart Services to exercise any rights under this Trade Enablement Facility Terms.
Eligible User Consents and Authorisations
By clicking ‘I Accept’, you consent to, and authorize Ninjacart Services to process or share
User Information collected from you with Lenders and relevant Third Parties for
- availing the Trade Enablement Facility, and
- for purposes outlined under these Trade Enablement Facility Terms. You acknowledge that
your provision of Aadhaar details is purely voluntary, and you may provide other
identification documents such as any other two ID & address proof. You will not be denied any
service by Ninjacart Services merely for the reason of not submitting Aadhaar details. You
consent to, and authorize Ninjacart Services to act as your authorised representative in order to
receive your credit information from authorised credit bureaus to provide services to you,
including but not limited to the provision of support services associated with the Trade
Enablement Facility. Ninjacart Services may share your credit information in terms of the Privacy
Policy as may be required for offering such Trade Enablement Facilities. The User will also be
required to provide additional consents and authorisations to Lenders under the
Loan Agreement and agrees that any processing of User Information by Lenders will be pursuant
to said consent.
Grievance Redressal
In case of any complaints or grievances with regard to the Trade Enablement Facility availed
from partnering Lenders, you may reach out to your partnering Lender for assistance as per
details given in their Borrower Agreement.
You may also contact Ninjacart Services at queries@ninjacartservices.com or on telephone 080-35018270