Terms & Conditions

PLEASE READ THE FOLLOWING BEFORE PROCEEDING TO VIEW ANY MATERIAL ON THIS WEBSITE

BY CONTINUING TO ACCESS AND USE THIS WEBSITE, YOU ARE AGREEING TO ALL OF THE TERMS OF USE SET OUT BELOW.

IF YOU DO NOT ACCEPT ANY OF THESE TERMS OF USE, PLEASE DO NOT USE OR VIEW THIS WEBSITE FURTHER.

THESE TERMS OF USE MAY BE UPDATED OR CHANGED FROM TIME TO TIME AND PLEASE ENSURE THAT YOU READ THE APPLICABLE TERMS OF USE ON EACH OCCASION IN ADVANCE OF ACCESSING ANY INFORMATION FROM OR OTHERWISE USING THIS WEBSITE.

These Terms of Use (Terms) of Niyara Capital Solutions Pvt Ltd operating under the brand name Niyara Capital (hereinafter referred to as “Niyara Capital”, “Company”, “We”, “Our”, “Us”) govern your (“User” or “you” or “your” or “yours”) usage of our website including all future updates on the Website.

The content contained on the Website, is provided for general information only and should not be used as a basis for making business/commercial decisions. Further, the content on the Website should not be regarded as an offer, solicitation, invitation, advice or recommendation to enter into any transaction with the Company. You are solely responsible for any act or transaction undertaken by you.

The permission given by Us to access the Website shall not convey any proprietary or ownership rights in the Website. You shall not attempt to modify, translate, disassemble, reproduce, decompile, or reverse engineer the software/hardware underlying the Website or create any derivative product based on the Website. Not all the products and services offered on the Website are available in all geographic areas and you may not be eligible for all the products or services offered by Us on the Website. The Company reserves the right to determine the availability and eligibility for any product or service.

You agree to be bound by the Terms either by the way of consent or by use of the Website. Please read the Terms carefully before registering on, accessing, browsing, downloading, or using the Website.

ACCEPTANCE OF TERMS OF USE

Any information, projection or assumption included on this Website is not intended to give You any legal, financial, taxation or other professional advice and, should You propose to use any of the products or services described on this Website, You are strongly advised to obtain appropriate independent professional advice before proceeding.

Every effort has been made to ensure that the information contained on the Website is correct, however the Company makes no warranty as to the accuracy, comprehensiveness, or correctness of any of the information, services or products on this Website.

Whilst we will try to keep the information on this Website up-to-date and accurate, no warranties or representations (whether express or implied) are made by Company or anyone connected with the Company (including their officers, agents, employees, affiliates and/or advisers) concerning the completeness, accuracy or reliability of any matter included on this Website or any other information provided by the Company to You.

The Company reserves the right at any time, without notice to You, to change any of the content of this Website and the nature of the services and products that are displayed. The contents of this Website are owned by and copyrighted by the Company and reproduction of all or any part of this Website is prohibited without the Company’s prior written consent.

“Niyara Capital” is a trademark used by Us and no license or right is given to You to use this name. Any links to other websites are provided for your convenience only and their inclusion does not mean that the Company endorses or approves of those Websites nor does the Company accept any responsibility for any matter contained on those other Websites.

The Company is not in the business of lending money or making loans but rather is a platform permitting prospective borrowers and / or lenders to directly enter into loan transactions with one another as well as carrying out risk assessment and support services to prospective borrowers and lenders.

The Company is not responsible for any delays or loss of or corruption of data as a result of either the use of this Website by You or Your communications over the internet with the Company, which are entirely at Your risk. We will not accept any responsibility for any losses, claims or damages of any kind, whether direct or indirect or special or consequential or otherwise howsoever arising in relation to the foregoing.

REGISTRATION

This Website allows very limited and restricted access to the Services and Products displayed on the Website for unregistered users.

Creation of Account
1. You may create an account (“Account”) based on information to be filled in at the time of registering, which may include, mobile number and one time password or any valid email ID/user ID and password (collectively, “Account Information”).
2. While registering with the Website to avail the Services, You shall not:
  1. create any Account for anyone other than You, unless such Person’s prior permission has been obtained;
  2. use an Account that is the name of another person with the intent to impersonate that person;
  3. use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
  4. create more than one Account on the Website.
3. Notwithstanding anything to the contrary contained hereinabove, while a third party, with Your consent, may create the Account on the Website, the actual usage and operation of Account shall be consummated only by You. Such third party may for this limited purpose use the Website, and for no other reason whatsoever.
Account data confidentiality and Verification
1. At the time of registration of Your Account, You are obliged to provide correct and complete information. The login data is intended solely for Your personal use and therefore, is always to be kept secret and safe. You shall not share the login details with third parties for using Services or to disclose these otherwise.
2. We may require You to provide additional information to verify Your identity as a condition of providing Service(s) to You or before We permit You to use Service(s) through Your relevant Account.
3. You acknowledge and agree that You shall be solely responsible for immediately notifying Us by contacting on customercare@niyaracap.com of any change in Your email address and/or mobile number registered with Us.
User Obligations
1. The User will be responsible for maintaining the confidentiality of the Account Information, and shall be fully responsible for all activities that occur under the Account. The User agrees to:
  1. immediately notify Us of any unauthorized use of the Account Information or any other breach of security; and
  2. ensure that the User exits from the Account at the end of each session.

We cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Clause. The User may be held liable for losses incurred by Us or any other user or visitor of the Website due to authorized or unauthorized use of the Account, as a result of the User’s failure in keeping the Account Information confidential.

1. The User shall ensure that the Account Information provided by the User in the Website’s registration form or any other information provided by the User for the purpose of creation of the Account is complete, accurate and up-to-date. Use of another User’s Account Information for availing the Services of the Website is expressly prohibited.
2. The User agrees that if the User provides any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the these Terms, We shall have the right to indefinitely suspend or terminate or block access to the Account on the Website and refuse to provide the User with access to the Website.

USE OF THE WEBSITE

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information or item that:
1. harms minors in any way;
2. belongs to another person and to which you do not have any right to;
3. impersonates another person;
4. shall not be false, inaccurate or misleading;
5. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
6. pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
7. violates any law for the time being in force;
8. deceives or misleads the addressees / users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9. infringes any patent, trademark, copyright or other proprietary rights;
10. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
11. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;
You enable and entitle Us to use the information you supply us with (“Information”), so that we are not violating any rights You might have in your information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to your Information. We will only use Your Information in accordance with these Terms and the Privacy Policy.
As a condition of use, You promise not to use the Website for any purpose that is prohibited by these Terms of Use. You are responsible for all of Your activity in connection with the Service.
We have no obligation to monitor the Website, Content, or Member submissions. However, We reserve the right to:
1. remove, suspend, edit or modify any content in its sole discretion, including without limitation any submissions at any time, without notice to You and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if We are concerned that you may have violated these Terms of Use), or for no reason at all; and
2. to remove, suspend or block any Account Information from the Website. We also reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to:
  1. satisfy any applicable law, regulation, legal process or governmental request;
  2. enforce these Terms of Use, including investigation of potential violations hereof;
  3. detect, prevent, or otherwise address fraud, security or technical issues;
  4. respond to Account support requests; or
  5. protect the rights, property or safety of the Company, its users and the public.
3. You shall NOT use this Website or any related microsite to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website and/or any microsites to become users of other on or offline services directly or indirectly competitive or potentially competitive with the Company.

UNAVAILABILITY OF WEBSITE SERVICES

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website. While it is Our objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance.

In addition, various portions of the Website may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, We shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE.

ARRANGEMENTS WITH PARTNERS AND AFFILIATES

1. 1. 1. Where any products and/or services are made available to You through any Partner Merchant or Partner Financial Institution, such products and/or services will be provided on an as is and as available basis, without any representations and warranties, express or implied by Us. We do not make any representations pertaining to the information, content, products and/or services listed or included on or delivery of any such products and/or services to You through any Partner Merchant or Partner Financial Institution and only acts as an intermediary between You and the Partner Merchant and/or the Partner Financial Institution, as the case may be, in addition to providing any services or acting as a service provider or facilitator to any Partner Merchant and/or Partner Financial Institution.
    2. You explicitly agree, acknowledge and confirm that We are not responsible in any way for the products and/or services purchased and/or availed by You from any Partner Merchant and/or Partner Financial Institution.
    3. You hereby acknowledge and agree that We shall not be liable for failure of any transaction undertaken by You on any Partner Merchant’s or Partner Financial Institution’s platform for any reason whatsoever including but not limited to non-performance or omission or commission on the part of the Partner Merchant or the Partner Financial Institution, deficiency of products and/or services delivered and/or technical errors on the Partner Merchant’s or the Partner Financial Institution’s platform.
    4. You acknowledge and agree that You shall be solely liable for any losses, disputes, and/or fraudulent transactions undertaken on any Partner Merchant’s or Partner Financial Institution’s platform due to Your failure in complying with the Terms or due to any other reason and We shall have no liabilities in this regard.
    5. You further agree, acknowledge, and confirm, irrevocably and unconditionally, that under the aforesaid circumstances, Your only recourse will be against the relevant Partner Merchant(s) and/or the Partner Financial Institution(s), as the case may be, and We will neither be a necessary nor a proper party to any such issue and/or dispute between Yourself on the one hand and the Partner Merchant(s) and/or the Partner Financial Institution(s)on the other, as the case may be.

LINKS TO OTHER WEBSITES

The Website may contain links to websites maintained by non-affiliated third parties. Such websites may have their Terms of Use, Privacy Policies, or security practices that are different from those of the Company. Note that such external sites are not owned, controlled, or operated by Us. We do not endorse or recommend, and hereby expressly disclaims any liability, or warranty (express or implied) for, any information or products offered at such websites. Accordingly, We encourage you to be aware when you leave the Website, to read the terms of use and privacy policy of other websites that you visit.

LIMITATION OF LIABILITY

In no event shall We, Our officers, directors and employees, or our contractors, agents, licensors, partners, or suppliers be liable to You for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to abuse or breach of data), even if We or an authorized representative have been advised of the possibility of such damages, arising out of or relating to:

these Terms,
the Services,
Your use or inability to use the Services, or
any other interactions with another user in connection with the Services.

If the foregoing limitation is not enforceable, the maximum liability of the Company shall be limited to INR 10,000.

JURISDICTION, GOVERNING LAWS AND DISPUTE RESOLUTION

These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, Courts in Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The Tribunal shall consist of 1 (one) Arbitrator appointed by Us. The language of the Arbitration shall be English.
The parties to the Arbitration shall keep the Arbitration confidential and not disclose to any person, other than on a need to know basis or to legal advisors, unless required to do so by law. The decision of the Arbitrator shall be final and binding on all the parties hereto. Each party to the Arbitration shall bear its own costs with respect to any dispute.

MISCELLANEOUS

Severability: If any provision of these Terms is determined by any Court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful 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 provision will continue to be in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment: You shall not licence, sell, transfer or assign Your rights, obligations, or covenants under these Terms in any manner without our prior written consent. We may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. We may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to You.
Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to legal@niyaracap.com.
Third Party Rights: No third party shall have any rights to enforce any Terms contained herein.

GRIEVANCE REDERESSAL MECHANISM

In order to address any questions or grievances that you may have regarding the use of the Services, please:

Email Address: swapnil.devare@niyaracap.com

Address: 101B, Town Centre II, Andheri Kurla Rd Marol, Mumbai 400059

This document is published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.