PLEASE READ THESE TERMS AND CONDITIONS ("Terms") CAREFULLY. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN MYSA TECHNOLOGY PRIVATE LIMITED AND YOU. BY CLICKING ON "I ACCEPT" OR "I AGREE" OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I ACCEPT" OR "I AGREE" OR DOWNLOAD, INSTALL OR USE THE SERVICES.
"Application or App." shall mean Saakh, the mobile application created, developed and designed by the Company for providing the Services.
"LENDER" shall mean non-banking financial company or Banks with whom the Company has tied up for loan sanction, which would sanction, process and grant the Loan to the User(s), through the Platform.
"Company" or "we" shall mean Mysa Technology Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at D-327, 2nd Floor, Sumel Business Park – 2, behind Vanijya Bhawan, Kankaria Road, Ahmedabad – 380022, India
“User” or “you” or “End-Users” shall mean any person who registers his business on the platform who accesses, downloads, uses, views the Platform and the Services.
"Customer(s)" shall mean any business to who accepts the sale agreement sent by the user account. Customer agrees to pay the outstanding amount from its supplier within agreed upon credit terms
“Supplier(s)” shall mean any business who sells goods, sends invoice and a sale agreement to a user account. Supplier reserves a right to collect the agreed upon outstanding amount within agreed upon credit period offered by him.
"Loan" shall mean the loan that you may apply for through the Platform and which is sanctioned and granted by LENDER, subject to the applicable terms and conditions of the Loan Agreement.
"Loan Agreement" shall mean the loan agreement to be executed between LENDER and the User(s) for granting the Loan whether in physical or electronic form as may be applicable from time-to-time.
"Online Stores" shall mean Windows Store, Android Google Play, iOS App store or any other online store or portal where the App will be made available by the Company to the End-Users, from time to time."Outstanding Amount(s)" shall mean the Invoice amount / Loan, interests and charges due and payable by you to SUPPLIER or LENDER, on respective due date(s).
"Platform" shall mean the App and the Website collectively.
"Services" shall mean the services for viewing invoices, automating payment collections of user’s business, building digital profile of business, selling and buying goods to / from the platform, granting, sanctioning, lending of unsecured loans on the eligible invoices, through the Platform by LENDER.
"Third Party Platforms" shall mean social networking platforms, such as Facebook, LinkedIn and other similar platforms.
"User Data" shall mean any data, information, documents or materials submitted with the Company prior to or during the use of the Services.
"Website" shall mean www.saakh.in, managed and operated by the Company for the provision of Services
Through the services, you may view your invoices, automate payment collection of a business and build a digital profile containing your payment habits, business ratings, reviews by customers and suppliers, about the business etc, sell / buy goods to/ from the app and apply to get the invoices financed, subject to the fulfilment of the eligibility criteria laid down in the mobile app, from various non-banking financial company OR Banks (Lender) based on the invoice financing agreement executed between you and lender.
LENDER and user’s supplier(s) has appointed and authorized us to collect, store, authenticate, verify and distribute the Personal Information (defined below) as may be required by LENDER to sanction the Loan / supplier to recover the outstanding amount from its customer. The Personal Information shall be collected through the mobile application form (Mobile Application Form) available on the Application
You understand that the Company has been appointed and authorized by LENDER and User’s Supplier(s) to collect, authenticate, store, track your location, verify and confirm the User Data, Personal information, documents and details as may be required by LENDER to sanction the Loan or Supplier to recover the agreed outstanding amount . LENDER and User’s Supplier(s) authorizes the Company to collect and store the User Data through the mobile application form ("Mobile Application Form") available on the Platform.
In order to avail the Services, you are required to register your business with the Company by logging in. During the application process, you shall be required to share/upload certain personal information, your name, name of your business, GSTN of your business, mobile number, mobile phone information, SMS and browsing history, data and login-in credentials of Third Party Platforms (defined below), financial information such as sales and purchase invoice specific details uploaded by you / fetched from your accounting software integrated with us / fetched via third party GSP after receiving your consent to do so, payments made and received details uploaded by you / your customer / fetched from your accounting software integrated with us, GST returns details of your business fetched by third party GSP after receiving your consent, bank statements, PAN card, office address, products dealt in, details of user’s customers and suppliers, bank account no., data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details (Personal Information). You undertake that you shall be solely responsible for the accuracy, completeness and truthfulness of the Personal Information you share with us.
As part of the Services, you authorize us to import your details and Personal Information dispersed over Third Party Platforms. You understand and acknowledge that we may periodically request for updates on such Personal Information and we may receive such updated information from Third Party Platforms.
We collect, store, and use the data stored or accessed through the Central KYC Registry for completing Know Your Customer process from you in accordance with the Prevention of Anti-Money Laundering Act 2002 and KYC Master Direction 2016. Such collected data shall be used to ascertain your compliance with the specified regulations through various modes but not limited to Central KYC Registry, UIDAI and other Know Your Customer Authentication method, hence you hereby expressly out of your own free will and without any undue influence, coercion, fraud, mistake, misrepresentation provide your consent to Mysa Technology Private Limited, User’s Supplier(s) and Lenders to use, access, modify, store, download, upload or take any other action in relation to any data stored or accessed through the Central KYC Registry for the same.
All transactions undertaken on your behalf by the Company will be on the basis of your express instructions/consent and will be strictly on a non-discretionary basis. You also authorise the Company to get your credit information report from one or more Credit Information Companies as decided by the Company from time to time. Once you verify and upload the User Data and/or other documents and details in the Mobile Application Form, the Company shall process the same. Upon the completion of the document verification by the Company, the Loan may be sanctioned by LENDER to you, subject to fitting eligibility criteria and other conditions set forth by LENDER for sanctioning the Loan. Thereafter, you are required to fill and upload the ECS/NACH mandate form/Cheque or any other document as may be required by LENDER . The Company may collect the physical documents including signatures on those documents required for sanctioning and processing the Loan. Upon the collection of documents by the Company, LENDER shall disburse the Loan subject to the terms and conditions of the Loan Agreement.
The sanctioned Loan shall be disbursed as per the mode provided in the Mobile Application Form. You are required to repay the Outstanding Amount(s) to LENDER, on the respective due date(s) mentioned in the Mobile Application Form. You understand and acknowledge that the Company reserves the right to track your location ("Track") during the provision of Services, and also in the event that you stop, cease, discontinue to use or avail the Services, through deletion or uninstallation of Mobile App or otherwise, till the event that your obligations to pay the Outstanding Amount(s) to LENDER or Supplier(s) exist. Deletion, uninstallation, discontinuation of our Services, shall not release you from the responsibility, obligation and liability to repay the Outstanding Amount(s).
You understand and acknowledge that you shall be solely responsible for all the activities that occur under your User Account while availing the Services. You undertake that the Company shall not be responsible and liable for any claims, damages, disputes arising out of use or misuse of the Services. By usage of the Services, you shall be solely responsible for maintaining the confidentiality of the User Account and for all other related activities under your User Account. The Company reserves the right to accept or reject your registration for the Services without obligation of explanation.
You understand and acknowledge that, you are solely responsible for the capability of the electronic devices and the internet connection, you chose to run the Platform. The Platform’s operation or the Services on your electronic device is subject to availability of hardware, software specifications, internet connection and other features and specifications, required from time to time.
The User Data provided during the registration is stored by the Company for your convenience. You are not required to log-in to your User Account, every time, to use or access the Platform. You understand and acknowledge that by accepting these Terms, you authorize us to Track, fetch and use the User Data, including but not limited to your Personal Information, for the purpose of authentication and any updates with regards to your credentials.
You agree not to:
You acknowledge that the Company makes no representations or warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images (collectively, the "Content") which you may have access to as part of the Services, or through your use of the Platform. Under no circumstances, shall the Company be liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform. The Content on the Platform should not be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell investments, securities or any other instrument or financial products / schemes of the Company (including its affiliates), unless expressly covered in these Terms.
You understand, acknowledge and agree that the Company is the sole owner of all rights, title and interest, including any and all intellectual property rights in the Content, Platform, Financial information, Services, logos, trade names, brand names, designs and any necessary software used in connection with the Platform.
There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by the Company or otherwise. By displaying them on the Platform, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks. Any unauthorized use of the same may violate applicable intellectual property laws.
You understand and acknowledge that the Platform is owned by the Company. Nothing under these Terms shall be deemed to be a transfer in ownership, rights, title, from the Company to you or any third party, in the Platform. You are entitled to avail the Services offered by the Company during the validity of your registration with the Company.
The Platform may contain links to other websites owned and operated by third parties who are not related to the Platform ("Linked Websites"). The Linked Websites are not under the control of the Company and the Company shall not be responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.
The Platform provides these links to you as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by the Company. Your access or use of such Linked Website is entirely at your own risk. The Company shall not be a party to any transaction between you and the Linked Website. Your use of a Linked Website is subject to these terms and conditions of that respective Linked Website.
The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by/of the relevant advertiser, its products or services. You shall independently refer to the relevant advertiser for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
You may get access to chat rooms, blogs, feedbacks, ratings and reviews to each business transaction of the user, and other features ("Ancillary Services") that are/may be offered from time to time on the Platform and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting your affiliation with a person or entity. Additionally, the Platform may contain advice/opinions and statements of various professionals/ experts/ analysts, etc. the Company does not endorse the accuracy, reliability of any such advices/opinions/ and statements. You may rely on these, at your sole risk and cost. You shall be responsible for independently verifying and evaluating the accuracy, completeness, reliability and usefulness of any opinions, services, statements or other information provided on the Platform. All information or details provided on the Platform shall not be interpreted or relied upon as legal, accounting, tax, financial, investment or other professional advice, or as advice on specific facts or matters. The Company may, at its discretion, update, edit, alter and/or remove any information in whole or in part that may be available on the Platform and shall not be responsible or liable for any subsequent action or claim, resulting in any loss, damage and or liability. Nothing contained herein is to be construed as a recommendation to use any product or process, and the Company makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
The Company reserves its rights to terminate these Terms in the event:
The Company reserves its right to Track you, even when you have uninstalled the App or even after termination of these Terms, until all your obligations, including but not limited to payment of the Outstanding Amount(s) is in subsistence
Upon termination of these Terms, the rights and licenses granted to you under these Terms shall cease to exist, and you must forthwith stop using the Platform and the Services and repay the Outstanding Amount(s). Notwithstanding anything contained in these Terms or otherwise, the termination of these Terms for any reason whatsoever, shall not affect your obligations, including but not limited to repayment of the Outstanding Amount(s).
You expressly understand and agree that:
your use of the Services and the Platform is at your sole risk. The Services and the Platform are provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. any material downloaded or otherwise obtained through the access or use of the Platform, is at your own discretion and risk and that you will be solely responsible for any damage to your computer system, electronic data or loss of data that results from the download of any such material. no advice or information, whether verbal or written, obtained by you from the Company, for the Services or through the Platform shall create any warranty not expressly stated in these Terms. The Services are intended for commercial use. You shall be solely responsible for the use, misuse, improper usage of the Services and the Platform. The Company shall not be liable for any damages accruing out of the use of the Services which have not been expressly stipulated under these Terms. the Company makes no warranty, including implied warranty, and expressly disclaims any obligation, that: (a) the Contents are and will be complete, Exhaustive, accurate or suitable to your requirements; (b) The Platform or the Services will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Platform or Services will be accurate or reliable.
You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of (i) your violation of these Terms; (ii) your violation of any rights of other users of the Platform; (iii) your use or misuse of the Platform or the Services; (iv) your violation of applicable laws.
You expressly understand and agree that the Company, including its directors, officers, employees, representatives or the service provider, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from; (a) use or the inability to avail the Services (b) inability to use the Platform (c) failure or delay in providing the Services or access to the Platform (d) any performance or non-performance by the Company (e) any damages to or viruses that may infect your electronic devices or other property as the result of your access to the Platform or your downloading of any content from the Platform (f) server failure or otherwise or in any way relating to the Services and (g) non-payment of the outstanding amount by user’s customer(s)
Without limiting the foregoing, under no circumstances shall the Company be held liable for any damage, loss, loss of services of Platform, due to deficiency in provision of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, change in applicable regulations, including Reserve Bank of India regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.
The Personal Information collected/shared/uploaded for the provision of Services has been exhaustively covered in our privacy policy ("Privacy Policy"). Our Privacy Policy is available on company’s website.
The Company reserves the right to modify, change, substitute, remove, suspend or update these Terms or any information thereof at any time by posting the updated Terms on the Platform. Such changes shall be effective immediately upon such posting. Continued use of the Services or the Platform, subsequent to making the changes, shall be deemed to be your acceptance of the revised Terms.
This Agreement shall be construed and governed by the laws of India without regard to principles of conflict of laws. Parties further agree that the courts in Ahmedabad, Gujarat, India shall have an exclusive jurisdiction over such disputes.
Entire Understanding: These Terms, along with the Sale Agreement, Loan Agreement, Mobile Application Form and Privacy Policy, constitute the entire understanding between you and the Company with relation to the Services. Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to availing of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Please report any violations or grievances with relation to these Terms to the Company at info@saakh.in.