Nbfc Wala

Definitions

As used herein, the following terms shall have the following meanings:

Advertising Agreement: A contract between the Company and an individual or entity that authorizes access to or use of specific advertising, promotional, or paid services offered by the Company, including, without limitation, (i) a written and executed agreement, or (ii) an online agreement formed through registration and acceptance of these Terms of Use.
Platform Service: Collectively, the Website, platform interface, dashboards, tools, and internet-based services provided by the Company, including functionality related to publishing, managing, and displaying Listings on the Website and/or affiliated digital platforms.
Platform Site: A website, web application, or digital platform hosted, operated, or managed by the Company under the NBFCWala brand and containing Listings and related content.
Company: NBFCWala, a part of a unit of Enterslice Private Limited, including its owners, affiliates, group companies, successors, and permitted assigns.
Company Information: All information, directories, text, data, forms, agreements, articles, reports, videos, images, graphics, and other content made available by the Company through the Website or Product.
Company Parties: The Company and its affiliates, and their respective partners, directors, officers, employees, agents, consultants, service providers, and third-party suppliers, and each of their respective successors and assigns.
Interface: The Company's proprietary interface, dashboard, or system used for accessing, managing, uploading, modifying, or reviewing Listings and other Product features.
Listing: Any business, company, non-banking financial company (NBFC), fintech entity, financial service provider, or commercial, investment, acquisition, or partnership opportunity listed, promoted, or displayed on the Website.
Passcode: The username, password, one-time password (OTP), authentication credentials, or any other security mechanism used to access the Product or User account.
Privacy Notice: The Company's privacy notice, as updated from time to time, is available on the Website.
Product: The Website, Listings, Company Information, Interface, Platform Service, and all related information, content, software, tools, features, functionalities, layouts, designs, structures, updates, enhancements, modifications, and derivative materials contained in or provided through the Website.
Submitted Content: Any information, data, documents, text, images, graphics, messages, links, materials, or other content submitted, uploaded, posted, or otherwise provided by a User through the Product, whether for public display, internal review, research, or any other lawful purpose.
User: Any individual or legal entity that accesses, browses, registers on, or uses the Website or Product.
Website: The Company's website and any associated mobile applications, web applications, or other digital platforms in which these Terms of Use are referenced.

Acceptance of Terms of Use

The Website is operated by NBFCWala, a unit of Enterslice Private Limited (the "Company"). You must be at least 18 years old to use the Website. By accessing or using the Website, you agree to be bound by these Terms of Use, as may be updated by the Company, and acknowledge that you have the legal authority to do so.
If you do not agree or lack such authority, you may not use the Website. Where a separate Advertising Agreement exists between you and the Company, its terms shall prevail to the extent of any conflict. Your use of the Website is also subject to the Company's Privacy Notice, which is incorporated herein by reference.

Permitted Uses

Subject to the restrictions set out below, you may, in the ordinary course of business, use the Product to View Listings of business opportunities that may be of interest to you; and Create, manage, and review Listings for businesses or properties owned, controlled, or represented by you, for inclusion in, and promotion on, the Website (and, if applicable, on the Platform Site or your proprietary website).
Where your Listing on the Website incorporates Company Information, you are granted a limited, revocable, and non-transferable license to use such Company Information solely in connection with your Listing on the Website.
You may, in the ordinary course of business, provide a hyperlink to the home page of the Website or to any Listings, provided that you remove such hyperlink upon the Company's request and that no hyperlink is placed on any website or application of a competitor of the Company.
You shall use the Product in compliance with all applicable Indian laws, rules, and regulations and in a manner consistent with good business practices.

Prohibited Uses

Except as expressly permitted under the "Permitted Uses" section above, you shall not:

Distribute, disclose, copy, reproduce, make available, upload, post, communicate to the public by telecommunication, display, publish, transmit, assign, sublicense, transfer, provide access to, sell, or otherwise make available, directly or indirectly, any portion of the Product by any means (including, without limitation, the Internet, any electronic network, bulletin board system, listing service, or other data sharing arrangement), or modify, adapt, or create derivative works of the Product.
Store, copy, or export any portion of the Product into any database, software program, or other medium.
Link to, frame, or embed any portion of the Product without the prior written consent of the Company.
Without the express written permission of the Company:
- Use any portion of the Product to create, directly or indirectly, any database, product, or service;
- Access or use the Product if you are a competitor of, or provide any portion of the Product to a competitor of, the Company or its affiliates;
- Modify, merge, scrape, disassemble, reverse engineer, or otherwise tamper with any portion of the Product; use any data mining, extraction, robot, spider, or other automated or manual process to copy, monitor, or replicate any portion of the Product or the data generated therefrom;
- Use, reproduce, publish, or compile any portion of the Product in connection with any other listing service, software, or data sharing arrangement;
- Use any portion of the Product in a manner that violates applicable laws, rules, regulations, or common law, including those relating to business practices, competition, marketing, advertising, defamation, securities, spam, or privacy;
- Use any portion of the Product, directly or indirectly, in connection with the offer or sale of securities in any filing, registration statement, prospectus, or other document submitted to the Securities and Exchange Board of India (SEBI) or any other governmental authority in India or abroad.
Use the Product or any portion thereof in a manner that:
- Is threatening, abusive, harassing, hateful, harmful, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of the privacy, publicity, or other rights of any person, or otherwise objectionable in the sole discretion of the Company;
- Infringes any patent, copyright, trademark, trade secret, or other proprietary right of any person, or violates any privacy or publicity rights;
- Introduces or transmits any virus, malware, or other harmful code, files, or programs that may disrupt, damage, impair, or limit the functionality of the Product, servers, networks, or the activities of other users.
Use the Product or any portion thereof to market properties, communicate with contacts obtained through the Product, or solicit business without first obtaining all consents and permissions required under applicable Indian laws.
Impersonate any person or entity, misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, images, graphics, or other content posted on or transmitted through the Product.

Term

Subject to the provisions of any applicable Advertising Agreement:

The term of each Product shall be as specified at the time of purchase, subscription, or activation.
Requests for non-renewal or termination of the Product shall be submitted in writing through the feedback mechanism provided on the Website. Such requests shall be processed by the Company within seven (7) working days from the date of receipt.
Upon completion of the non-renewal or termination process, the Company shall send a confirmation to the email address registered with the Company.

Termination and Interruption of Access

Subject to the provisions of any applicable Advertising Agreement:

You acknowledge and agree that NBFCWala, a unit of Enterslice Private Limited (the "Company"), may interrupt, suspend, block, discontinue, or terminate your access to the Product, in whole or in part, at any time, including, without limitation, upon the Company's determination that you have breached these Terms of Use or any other agreement between you and the Company or its affiliates.
In the event of any breach of these Terms of Use resulting in termination of access to the Product, the Company shall be entitled to pursue all remedies available under applicable Indian law, including claims for damages or equitable relief. You acknowledge that any such breach may cause irreparable harm to the Company, for which monetary compensation may not be an adequate remedy, and therefore, the Company shall be entitled, in addition to all other remedies, to seek injunctive or equitable relief.
If the Company engages any third party to enforce its rights or obtain any remedies under these Terms of Use, you shall be liable to reimburse the Company for all reasonable costs incurred, including legal fees and collection expenses. Further, any individual or entity that breaches these Terms of Use shall not, directly or indirectly, enforce any similar contract or terms against the Company or its affiliates.
The Company reserves the right, at its sole discretion and at any time, to modify, suspend, or discontinue, temporarily or permanently, the Product or any part thereof, with or without notice. You agree that the Company shall not be liable to you or any third party for any such modification, suspension, or discontinuance. In the event of discontinuation:
- You shall remain liable only for fees associated with the portion of the Product that continues to be provided after the effective date of such discontinuation; and
- The Company shall refund any fees paid for the discontinued portion of the Product after the effective date of such discontinuation.
Upon termination, you shall immediately cease all use of the Product and, within ten (10) days thereafter, permanently delete or destroy all copies of the Product in your possession or control. Upon request by the Company, you shall provide a written certification, reasonably satisfactory to the Company, confirming your compliance with this obligation.

Fees

Subject to the terms of any applicable Advertising Agreement:

You shall be responsible for the timely payment of all fees incurred through your use of the Product or any services available on the Website, whether ordered via the Website, the Company's sales team, or otherwise. Payments shall be made in the currency and through the payment method specified by the Company.
You hereby authorize the Company to: Place a pre-authorization to hold such fees; and initiate recurring charges or debits from your electronic payment provider for all fees payable on the due date.
If you have any past due fees under prior agreements with the Company or its affiliates, you authorize the Company to debit such amounts from your electronic payment provider, either as a one-time payment or through recurring charges.
The Company reserves the right to modify the fees, the payment frequency, or the acceptable methods of payment at any time, provided that reasonable notice is given. For annual subscriptions, the Company may increase the subscription fees annually on the anniversary of the subscription start date, in line with the percentage increase in the Consumer Price Index (CPI).
All fees are non-refundable, including in cases of termination of service or cancellation of recurring payments before the end of the current term or billing period. Mid-term cancellations shall not be permitted.
Invoices for fees may be sent via email, postal mail, or both. Any payments received after the due date may be subject to late payment charges at a rate permitted under applicable law. All fees must be paid in full without any right of set-off or deduction. Acceptance of partial or late payment shall not constitute a waiver of the Company's rights to recover the balance due or pursue any other remedies. No endorsement or statement on any payment instrument shall be construed as accord or satisfaction.
Fees do not include applicable taxes, duties, or levies (including GST, excise, service tax, or other applicable charges), which shall be borne by you. The Company may require you to pay such taxes directly or include them in your invoice.
Any loyalty discounts, promotional offers, or product bundle discounts provided by the Company may be withdrawn or cancelled at the Company's discretion.
You must notify the Company of any billing discrepancies or issues within 180 days from the date the charge first appears on your account statement. Failure to notify the Company within this period shall constitute a waiver of your right to dispute the charge.
You are responsible for maintaining accurate and up-to-date contact and billing information, including email address, phone number, and payment details, at all times.

Administration of Listings

You are solely responsible for uploading Listings that you wish to include on the Website and for providing all information, data, and images required for such Listings. You shall ensure that all information, data, and images are accurate and up-to-date at all times. The use of robots, spiders, or any automated means to submit Listings is strictly prohibited.
You represent and warrant that, for each Listing submitted, you have the necessary authority and rights to submit the Listing and associated information to the Company, and that you are not submitting the Listing on behalf of any party not authorized to list on the Website.
You shall provide and maintain accurate contact information, including a valid phone number and email address, to enable submission and maintenance of active Listings on the Website.
Listings must be submitted under the name of the business owner or a licensed broker/agent engaged by the business owner under a duly executed, active, exclusive listing agreement.
By submitting a Listing, you agree that the Listing, or any part of it, may be searched, displayed, accessed, viewed, downloaded, copied, or otherwise used by users of the Website and the Company's partner or affiliated websites. The Company shall have sole discretion in determining how any Listing is displayed or used.
The Company is not obliged to monitor or verify the accuracy of Listings submitted by users. However, the Company may, at its sole discretion, remove or modify Listings that are alleged to breach these Terms of Use. The Company reserves the right to remove any Listing, in whole or in part, at any time and shall not be responsible for resolving disputes between users regarding Listings.
Listings for business opportunities that are no longer active or available for sale must be removed immediately. Listings not modified or renewed within 365 days may automatically be marked "Off Market" or removed. Listings cannot be deleted and resubmitted to alter their status.
All communication from prospective buyers must be through the contact form or phone number provided in the Listing. You shall not include contact details elsewhere in the Listing. All images submitted must exclusively represent the business opportunity and must not contain contact information, broker logos, website addresses, or overlay text/graphics.
Only one Listing per business opportunity is permitted on the Website, and each Listing must represent only that business opportunity. A Listing cannot be modified to represent a different business opportunity.
By submitting a Listing, you agree to respond to all buyer inquiries within 72 hours, provide prospective buyers with necessary information to make informed decisions, and ensure that all communications are professional and courteous.
A business may not be described as an "established business" unless it:
- Has been continuously operating for at least one year (or two years for Internet-based businesses);
- Has an established customer base and revenue history; and
- Can provide financial history to qualified buyers.
Listings for online or Internet businesses must include the business URL and not a brokerage URL.
The Company may, at its sole discretion, restrict or impose additional conditions on certain Listings, including but not limited to cryptocurrency, professional services, or partial business investments.
The Company may require submission of additional details, including the business URL, address, or other identifying information, to assess the suitability of the Listing for the Website.

Submitted Content

The Product may allow users to submit, upload, post, email, or otherwise transmit content, including text, data, images, documents, or other materials (collectively, "Submitted Content") to or via the Product.
All Submitted Content, whether posted publicly or sent privately, is the sole responsibility of the user who submits it. You acknowledge that you, and not NBFCWala or its affiliates, are entirely responsible for your Submitted Content, including making any necessary redactions to protect confidential or sensitive information of third parties.
The Company is not obligated to monitor, review, or screen Submitted Content and shall not be responsible for any Submitted Content. However, the Company may, at its sole discretion, monitor, refuse to post, edit, or remove any Submitted Content at any time for any reason, and may use automated or manual methods to moderate Submitted Content in accordance with these Terms of Use, applicable law, and Company policies.
You retain any ownership rights you may have in Submitted Content. By submitting content, you grant NBFCWala, its affiliates, and licensees a royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable license (through multiple tiers) to use, reproduce, communicate to the public, make available, adapt, perform, display, publish, translate, create derivative works from, modify, distribute, sell, rent, or otherwise exploit such Submitted Content, in whole or in part, worldwide, in any form, media, or technology, whether now known or developed in the future. You agree that the Company may preserve, disclose, or otherwise use the Submitted Content at its sole discretion. This license is granted without restriction and without any payment to you.
You hereby irrevocably waive and agree never to assert any "moral rights," "droit moral," or similar rights in your Submitted Content under the laws of India or any other jurisdiction, or under any treaty. For clarity, this waiver does not include the so-called "paternal right."
You represent and warrant that:
- Submitted Content is accurate to the best of your knowledge;
- You have the full right, power, and authority to submit the content and grant the rights and license above;
- Your submission and the Company's use of the Submitted Content do not infringe the rights of any third party;
- There are no claims, judgments, settlements, or pending disputes related to such Submitted Content; and
- The Submitted Content is free from viruses, malware, Trojan horses, or any harmful code.
While the Company will take reasonable steps to back up data, you remain solely responsible for keeping copies of all Submitted Content submitted through the Product.

Product-Specific Terms

Single Listing Plans

These terms are for buying single listings, which you can purchase through NBFCWala or our sales team:

You need to pay the full amount upfront. This is calculated as monthly rate × number of months in your plan.
After the first term, the listing will automatically renew every month at the current monthly rate, unless either you or NBFCWala gives a written notice at least 10 business days before the end of the current term.

Edge Subscriptions

These terms are for Edge subscriptions that give insights and valuation reports on listings:

You need to pay the full subscription amount upfront (monthly rate × number of months).
After the first term, your subscription will automatically renew for the same duration, unless either party gives a written notice at least 10 business days before the end of the current term.

BrokerWorks Membership

These are for professional intermediaries who help in brokering business opportunities:

Membership is billed monthly according to your contract.
After the first term, it will automatically renew for the same period unless written notice is given 10 business days before the end of the term.
Upgrades like Showcase or Diamond Listing are on a month-to-month basis and can be cancelled at the end of any month with 10 business days' notice.
You cannot list businesses in which you are an owner, employee, or have a financial interest.
All contacts listed must have a valid BrokerWorks membership.
You cannot list start-up businesses or new franchise opportunities without permission. For this, contact NBFCWala.
Membership may be limited to specific regions as decided by NBFCWala.
Franchisee members agree that NBFCWala may share account activity with their parent franchise.

BrokerWorks Agent Plans

These are for brokers who want to give their agents access to list business opportunities:

Agents invited must work under your license and listing agreement. Third-party agents cannot create profiles, and no agent can have multiple profiles. Brokers can remove agents at any time.
The number of agent profiles depends on your BrokerWorks membership level. You can buy extra profiles if needed.
Brokers remain the owners of all listings. Agents cannot add, edit, delete, or assign listings.
Agents can create an online profile and buy additional marketing services to increase visibility.
If an agent has paid for services and is removed, NBFCWala will refund the remaining amount for the unused days.
NBFCWala may remove any agent profile that violates the terms.

Broker Match Program

For business owners who want to be connected with brokers:

You must provide accurate information and genuinely intend to sell your business in the stated timeframe.

Seller Leads Program

For brokers who want to get seller leads:

You are billed for every seller lead received, even if it does not result in a deal.
You can set a monthly budget, which can be updated or stopped anytime.
Receiving a lead does not guarantee a listing agreement or seller response.
Each lead can be shared with up to three brokers.

Franchise Directory

For franchisors or their representatives to get leads for potential franchisees:

A one-time setup fee covers account creation, online brochure, and one revision. Extra revisions may cost more.
Monthly billing happens after reviewing leads, usually by the 5th business day of the next month. Minimum fees may apply.
You will not be charged for leads outside India (or countries you haven't opted for), duplicate leads, or leads with wrong contact details.
Leads cannot be sold to others.

Brokers and Agents

Any person who identifies themselves as a broker, agent, or intermediary on NBFCWala represents and warrants that they are properly licensed and comply with all applicable regulations in the areas where they operate.
NBFCWala may, at its discretion, but is not obligated to: i) Verify the license or compliance of any broker or agent, ii) Check the existence of any representation agreements, and iii) Remove any person from the list of brokers or agents whom NBFCWala believes is not legally authorized to act as an intermediary in business transactions.
NBFCWala does not have any duty to independently verify the licenses or credentials of brokers or agents listed on the platform. It is your responsibility to confirm the legal and professional status of any broker, agent, or intermediary before dealing with them.
NBFCWala does not act as a broker or seller of business opportunities and is not a party to any transaction between a buyer and a seller.

Access, Passcodes, and Security

Any Passcodes assigned to you are strictly confidential. You must not share them or allow anyone else to use them.
The Company may use Passcodes to verify your identity when you access or use the Product. However, the Company is not required to confirm the actual identity or authority of anyone accessing the Product using a Passcode or any other authentication method.
You may not attempt to bypass, defeat, or circumvent Passcodes or other security features; use the Website or Product for unauthorized purposes; or access, modify, damage, destroy, or interfere with information or the system in any way.
Any violation may result in loss of access to the Product. Evidence of such acts may be reported to the appropriate Indian law enforcement authorities and could lead to criminal prosecution under applicable laws of India, including the Bharatiya Nyaya Sanhita (BNS), the Information Technology Act, 2000, and other relevant statutes.
You must promptly notify the Company if you become aware of any unauthorized use of your Passcode, access to the Product, or any other security breach. Timely reporting helps protect your account, prevent misuse, and assist the Company in addressing the issue effectively.
If you create settings, saved searches, fields, or functions, or input, add, or export data in the Product: The Company is not responsible for the information, its loss, destruction, or misuse by third parties. You are responsible for making backup copies of any information. The Company may limit the storage space available for such information.
If your actions cause a technical disruption of the Product, you are responsible for all related liabilities, costs, and expenses, including reasonable attorneys' fees, fines, and enforcement costs.

Ownership

You acknowledge that the Product and all its content, including data, photos, videos, and other materials, are owned exclusively by the Company and its licensors. All intellectual property rights, including patents, trademarks, copyrights, trade secrets, and other proprietary rights, belong to the Company and its licensors under applicable Indian laws, including the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999, and the Information Technology Act, 2000. This is a license to use the Product, not a sale, and you have no ownership rights other than the right to use the Product as permitted under these Terms of Use and any applicable agreements.
You agree to respect the Company's and its licensors' rights by complying with all applicable laws protecting intellectual property, and you will not challenge or circumvent these rights. You may not remove, alter, or bypass any copyright or rights management notices in the Product. You are responsible for any violations of these Terms by your employees, contractors, agents, or affiliates, including any unauthorized use of the Product.
You may not use or reproduce any trademarks, service marks, or trade names of the Company or its licensors without prior written consent. The Company retains the right to use any feedback, suggestions, or ideas you provide for any purpose without compensation. The Company may also enforce its intellectual property rights against third parties who have, without authorization, copied, scraped, or distributed content from your submitted content.
The Product may include commercial technical data and software developed by the Company and licensed under agreements restricting use, disclosure, and reproduction. All use of such data and software must comply with these Terms of Use and applicable Indian laws.

Other Websites and Third-Party Data Providers

The Product may include links to other websites for your convenience. Some of these websites may be owned and operated by the Company, while others may be operated by third parties. The Company is not affiliated with, responsible for, or endorsing any third-party websites, services, or products.
The Company does not guarantee the accuracy, completeness, or timeliness of content on these websites and expressly disclaims any responsibility for them. Different terms, conditions, and privacy policies may apply when you use such websites, and it is your responsibility to review and comply with them. Any disputes or issues arising from your use of third-party websites are solely between you and the relevant third party.
The Product may also include data sourced from third-party providers. The Company has not verified all content from such providers, does not guarantee its accuracy, and expressly disclaims responsibility for it.

Procedure for Making Notification of Claims of Copyright Infringement

The Company respects the intellectual property of others and expects users to do the same. Users who repeatedly post infringing content may have their access restricted or terminated. If you believe your copyrighted work has been used without authorization, you may send the Company a written notice under Indian law, including the Copyright Act, 1957 and the IT Act, 2000, identifying the work and the allegedly infringing material, along with your contact details and a statement that the claim is made in good faith.
If the content you submitted is removed in error, you may submit a counter-notice with similar details and a statement that the removal was a mistake. The Company may restore content if the copyright complaint is not legally pursued within a reasonable time. False claims of infringement may lead to liability under applicable law.

No Warranties

THE COMPANY STRIVES TO PROVIDE ACCURATE INFORMATION, BUT THE PRODUCT AND ALL RELATED CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." THE COMPANY AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING REGARDING MERCHANTABILITY, FITNESS FOR ANY PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, UNINTERRUPTED ACCESS, OR NON-INFRINGEMENT.
ANY RELIANCE ON THE PRODUCT IS AT YOUR OWN RISK. BY USING THE PRODUCT, INCLUDING ANY TOOLS, FORMS, OR AGREEMENTS AVAILABLE THROUGH IT, YOU ACKNOWLEDGE THAT THE COMPANY IS NOT A PARTY TO ANY TRANSACTION OR AGREEMENT AND THAT YOU HAVE INDEPENDENTLY ASSESSED THEIR SUFFICIENCY, LEGAL EFFECT, AND ENFORCEABILITY WITHOUT RELYING ON THE COMPANY.
ANY DOCUMENTS, IMAGES, OR OTHER INFORMATION AVAILABLE THROUGH THE PRODUCT ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT REFLECT THE ACTUAL CONDITION OF A BUSINESS, PROPERTY, OR ITEMS AT ANY GIVEN TIME. YOU ARE RESPONSIBLE FOR CONDUCTING YOUR OWN DUE DILIGENCE AND OBTAINING INDEPENDENT PROFESSIONAL OR LEGAL ADVICE TO VERIFY THE ACCURACY OF INFORMATION BEFORE ACTING ON IT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER INDIAN LAW, THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, COST, OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS IN THE PRODUCT, OR FROM ANY UNAUTHORIZED USE OF THE PRODUCT.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PRODUCT, OR ANY APPLICABLE AGREEMENT EXCEED THE TOTAL FEES ACTUALLY PAID TO THE COMPANY UNDER THE RELEVANT AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THIS AMOUNT CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN OR FORESEEABLE. THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY.
NO LEGAL ACTION RELATING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. THE WAIVERS AND LIMITATIONS HEREIN APPLY TO CLAIMS YOU MAY NOT CURRENTLY KNOW OR SUSPECT TO EXIST.
THESE LIMITATIONS ARE A FUNDAMENTAL PART OF THE AGREEMENT BETWEEN YOU AND THE COMPANY, AND THE PRODUCT WOULD NOT BE PROVIDED WITHOUT THEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE PRODUCT CREATES ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Indemnification

You agree to defend, indemnify, and hold the Company and its affiliates harmless from any claims, actions, suits, or demands by third parties, including any related losses, damages, costs, or expenses (including reasonable legal fees), arising from your use or misuse of the Product, your Submitted Content, or your violation of these Terms of Use. You agree to cooperate fully with the Company in defending any such claims. To the extent this indemnity is not available under applicable law, the Company may seek your contribution for any such claims, losses, or liabilities under any legal or equitable remedies available.

Assignment

Your obligations under these Terms of Use are binding on your successors, legal representatives, and permitted assigns. You may not assign, sublicense, or otherwise transfer any rights or obligations under these Terms, or your right to use the Product, in whole or in part, without the prior written consent of the Company.

Privacy

Your use of the Product is governed by the Company's Privacy Notice, which is part of these Terms of Use. The Company may send you and your employees relevant communications, such as updates, new features, listings, or marketing content. You may opt out of marketing messages as permitted by law.
The Company prohibits using its system or tools to send unsolicited or illegal commercial emails. If you use the Company's email services, you must include a link to your privacy policy, provide an unsubscribe option, and honour any unsubscribe requests as required by law. The Company may revoke access for anyone who violates these rules.
The Company respects your personal information and takes measures to keep it secure. However, the Internet is not completely secure, and the Company cannot guarantee the privacy of information you provide or receive online. The Company is not responsible for any loss or damage resulting from a breach of confidentiality.

Communications Consent

By providing your phone number, you consent to receiving calls and text messages from the Company, its affiliates, agents, service providers, and partners. These communications may include inquiries, updates, marketing messages, or information related to your use of the Product or platform. Standard messaging or data charges may apply. You may opt out of marketing communications as permitted by law.

Website Auditing and Monitoring

The Company reserves the right to monitor and audit use of the Product and Website, manually or through automated tools, to ensure compliance with these Terms of Use, maintain and improve the Product, and manage content.
You acknowledge and agree that the Company may access, preserve, and disclose information about your use of the Product and Website, including communications and Submitted Content, when required by law or when the Company reasonably believes it is necessary to: (a) comply with legal or regulatory requirements; (b) enforce these Terms of Use; (c) respond to claims that Submitted Content infringes the rights of third parties; (d) provide customer support; or (e) protect the rights, property, or safety of the Company, its users, or the public.

Notices

Unless stated otherwise, all notices to the Company must be in writing and sent by registered or certified post or through a reliable courier. Notices should be addressed to: NBFCWala, a Unit of Enterslice Private Limited, B-78, Sector-60, Noida, Uttar Pradesh, 201301, India, Attention: General Counsel.

Force Majeure

The Company and its affiliates shall not be liable for any loss, damage, or delay in performing their obligations under these Terms if such failure or delay is caused by events beyond their reasonable control. This includes, without limitation, industrial disputes, acts of God, government actions, public emergencies, war, fire, pandemics, epidemics, other casualties, failure of technology or telecommunications, or any disruption in the storage or transmission of the Product.

Choice of Law; Jurisdiction

These Terms of Use and your use of the Product shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Unless otherwise agreed in writing, the courts at New Delhi, India, shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these Terms of Use or the use of the Product. You expressly consent to the jurisdiction and venue of such courts.
Each party knowingly and voluntarily agrees that any dispute shall be pursued only in an individual capacity and not as part of any class, collective, or representative action, to the extent permitted under applicable Indian law.

Export Restrictions

The Website and Product are operated and made available by the Company from India. The Company does not represent that the Product or any content accessed through it is appropriate, lawful, or available for use in all jurisdictions. Access to the Product from locations where its use is prohibited by law is not permitted.
If your access to or use of the Product violates the laws or regulations of your jurisdiction, or if the Company is not authorized or licensed as required under applicable local laws, the Product is not intended for your use, and you should refrain from accessing it. You are solely responsible for understanding and complying with all laws, regulations, and restrictions applicable in your jurisdiction.
You may not export, re-export, or transfer any part of the Product except in full compliance with applicable Indian laws, foreign trade regulations, sanctions, export control laws, and these Terms of Use, as well as any applicable agreement with the Company.

Changes to these Terms of Use

NBFCWala reserves the right to modify or update these Terms of Use at any time at its sole discretion by publishing the revised terms on the Website or Product. It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued access to or use of the Website or Product after such changes are posted will be deemed as your acceptance of the revised Terms of Use.

Miscellaneous

The parties act as independent contractors; no partnership, agency, joint venture, or employment relationship is created.
These Terms form the complete agreement regarding the Product and override prior discussions, except for any separate written agreement.
NBFCWala's failure to enforce any provision does not waive its right to enforce it later.
Both parties agree to comply with applicable anti-bribery and anti-corruption laws.
If any non-essential provision is held invalid or unenforceable, the remaining Terms remain effective, and the provision will be replaced with one that reflects its original intent.
Headings are for reference purposes only.
Provisions that should survive termination will continue to apply.
The English version of these Terms shall prevail over any translated version.
Use of the Product is limited to persons legally capable of entering into binding contracts.
The Website provides general business information only and does not constitute legal, financial, or professional advice.
No lawyer-client, advisory, fiduciary, or similar relationship is created by using the Website.
The Product is intended for business use only and not for personal, consumer, or household purposes.

Terms and Conditions