TERMS OF USE

We would like you to read these general terms of conditions (“Terms of Use” / “Terms of Service” / “Terms”) carefully before you use our platform or any of its services (“Services”). These Terms are legally binding and govern the use of our website, our mobile application, our Web Application and other properties collectively called as the “Intsalite Finserv Platform” or “Platform” created by Intsalite Finserv Limited, a company incorporated under the laws of India, with its registered office at 4M/131, Bhootnath Road , kankarbag, Patna, Bihar -800026 (“Intsalite Finserv” or “Company”).

These Terms are a binding agreement between you and Intsalite Finserv. These Terms are in addition to and not in derogation of any other terms stipulated by Intsalite Finserv from time to time. In case of any conflict between these Terms and such other terms, these Terms will prevail. Throughout this document, we use the terms “we” and “our” to refer to Intsalite Finserv and the terms “you” and “your” to refer to you, the User of the Platform. Both Intsalite Finserv and the User are collectively referred to as “Parties” and singularly referred to as “Party”.

We may revise these Terms, update the Platform and modify the Services at any time to improve your experience on our Platform and on account of changes in Applicable Law. If you do not agree with any change made by us, you have the option to stop using our Services. These Terms refer to and include our Privacy Policy.

ACCEPTANCE

These T&C were last updated on 20th Jun, 2023. Please carefully read these T&C. By signing-up to use the Platform, you acknowledge that you have read these Terms and agree to be bound by them. You also acknowledge that you have read our Privacy Policy and agree to be bound by it. By signing up to use the Platform, you represent that you have provided us with valid credentials which may be used to verify your identity. Please note that we may restrict, suspend, or terminate your access at any time to the Platform if we believe you have breached these Terms. For the security of your account and to enhance your overall experience on the Platform, we may use certain technologies to monitor your activities on the Platform.

ELIGIBILITY

Intsalite Finserv’s services are available to anyone having a valid email address and an Indian mobile phone number. The Platform must be accessed/used only by the persons who are eligible to enter into legally binding contracts under the Indian Contract Act and are ‘competent to contract’ according to Section 11 of the Indian Contract Act. Users who have been previously suspended or removed from availing any service by Intsalite Finserv shall not be eligible to avail services from Intsalite Finserv. Users shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

DEFINITIONS

For the purpose of these Terms of Use including General Terms and Conditions, Loan Suvidha Kendra Terms and Conditions and Prepaid Card Terms and Conditions, the following words and phrases shall have the meaning assigned to them under this Article.

“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board, recognized stock exchange, as may be applicable.

“Chargeback” shall mean and include reversal of any transaction made by Service Provider’s User inter alia, on account of, including but not limited to:

1. any alleged forgery of the User’s account, card or other details pertaining to the transaction;
2. any charge/debit made on account or card that has been listed as a hot listed card or otherwise listed on the card association warning bulletins;
3. duplicate processing of the transaction;
4. any amount required to be refunded due to, denial of a transaction by the User / valid card holder as wrongly charged payment / extra payments and/or due to the fraudulent use / misuse of the personal and financial information of the Service Provider’s User by any unauthorized person and / or any other reason as required / approved by the concerned banks, as the case may be.

“Confidential Information” means and includes the Intellectual Property and any and all business, technical and financial information of Intsalite Finserv or of any of its affiliates that is related to any of the arrangements contemplated in these Terms of Use or any other document in which these Terms of Use are incorporated by reference or otherwise disclosed by Intsalite Finserv to the User any information which relates to its financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, Intellectual Property, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/ service charges payable to the User, and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary.

“Effective Date” or “Registration Date” shall mean the date of registration of account of the User on Intsalite Finserv’s platform.

“Intsalite Finserv Policies” shall mean and include the Terms of Use, Privacy Policy, Grievance Policy and any other such terms and conditions/policies available and updated from time to time on the Intsalite Finserv Platform.

“Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to the performance of these Terms of Use and Applicable Agreement, and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, or in association with, or for the operation of the software installed by the Company, (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by the Company during the course of its business and all depictions, derivations and representations graphics, images, content and the ‘look and feel’ of all of the above, (d) all information, data or material in whatever form, whether tangible or not, provided by the Company to the User during the course of Applicable Agreement; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the products or services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever.

“KYC” or “Know Your Customer” shall mean the process prescribed under the Applicable Law to collect and authenticate the User’s personal or business identification details before offering the Services to the User.

“Services” shall mean the services provided by Intsalite Finserv and various Service Providers to the Users utilizing the Intsalite Finserv Platform including but not limited to banking services, non-banking services and other such services either by itself or through a Merchant.

“Users” shall mean individuals including all body corporates, partnerships, limited liability partnerships, etc., who are availing Intsalite Finserv services through the Intsalite Finserv platform.

1. GENERAL TERMS AND CONDITIONS

These General Terms and Conditions govern the User’s access to the Services provided by Intsalite Finserv:

1.1 NFORMATION SUPPLIED TO Intsalite Finserv

Users agree that the information provided by the Users to Intsalite Finserv on registration and at all other times, including payment, is true, accurate, current, and complete.

1.2 SECURITY OF ACCOUNT

Users’ mobile number and email identifies a Users’ account with Intsalite Finserv through which Intsalite Finserv services are dispensed (“Account”). Intsalite Finserv encourages Users to choose a strong password to protect their Account. It is advised that Users do not share their password with anyone or write it down. Neither Intsalite Finserv nor its Service Providers, under any circumstances, will ever ask for a User's Account password or any other confidential information. If a User has any reason to believe that his Account is no longer secure, then the User shall immediately change the Account password and indemnify Intsalite Finserv from any liabilities that may arise from the misuse of such User’s Account.

1.3 PRIVACY POLICY

All information collected from a User pursuant to provision of Intsalite Finserv’s services, and information collected by Merchants or Loan Suvidha Kendras during the performance of these Terms of Use or Applicable Agreement, is subject to Intsalite Finserv’s Privacy Policy

1.4 RECLAIMING INACTIVE ACCOUNTS

If an Account is found to be overly inactive, the Account may be reclaimed by Intsalite Finserv without providing notice to the concerned User. An Account is considered as inactive if the concerned User is not signing in and/or has not done any transactions for more than 6 consecutive months.

1.5 THIRD PARTY SITES, PRODUCTS AND SERVICES

Intsalite Finserv’s services and/or the Site may include links or references to other web sites or services solely for the Users’ convenience (“Reference Sites”). Intsalite Finserv does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Correspondence or business dealings between Users and concerned Reference Sites are solely between such User and the concerned Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at the concerned User’s own risk.

1.6 COMMUNICATION POLICY The User hereby accepts that:

Intsalite Finserv may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account. A User may continue to receive transactional and critical communication from Intsalite Finserv even after opting out of marketing communications.

1. Intsalite Finserv may send transactional or non-transactional business communication in the form of SMS or Email or Push notifications as part of its efforts to fulfil the User’s request or service your account. A User may continue to receive transactional and critical communication from Intsalite Finserv even after opting out of marketing communications.
2. Intsalite Finserv will make the best efforts to provide notifications and it shall be deemed that the User shall have received the information sent from the Company during the course of, or in relation to, using the Intsalite Finserv Platform or availing any Services. Intsalite Finserv shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The User cannot hold the Company liable for non-availability of any notification service in any manner whatsoever.

1.7 LIMITATION OF LIABILITY

A. In no event will Intsalite Finserv or its directors, agents, officers, or employees be liable to a User for any special, indirect, incidental, consequential, punitive, 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) of any kind arising out of or relating to.

1. this Terms of Use or any other agreement entered by a User with Intsalite Finserv,
2. Intsalite Finserv’s services, the Site or any Reference site, or
3. User’s use or inability to use Intsalite Finserv’s services, the Site or any Reference Sites, even if Intsalite Finserv or a Intsalite Finserv authorized representative has advised of the possibility of such damages,
4. unauthorized access to or alterations of transmissions or data, any material or data sent or received or not sent or received,
5. any transactions entered into by any third person or conduct of any other third party or any infringement of another’s rights,
6. the use of counterfeit or stolen cards, or stolen devices, or
7. fraudulent electronic transactions.

B. It shall be at the sole discretion of Intsalite Finserv to reverse any transaction subject to approval of the concerned Service Provider. Notwithstanding the above, if any court of law finds that Intsalite Finserv or its directors, officers, or employees, are liable to indemnify a concerned User despite the existence of this Clause 1.7, such liability shall not exceed the amount paid by the concerned User, if any, for using the portion of the Intsalite Finserv’s services or the Site giving rise to the cause of action.

C. Users acknowledge and agree that Intsalite Finserv has offered its products and services, set its prices, and entered into these Terms of Use and Applicable Agreement in reliance upon the warranty, disclaimers, and the limitations of liability set forth herein.

D. Users acknowledge that the warranty, disclaimers, and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between Users and Intsalite Finserv, and that the warranty, disclaimers, and the limitations of liability set forth herein form an essential basis of the bargain between Users and Intsalite Finserv. Intsalite Finserv would not be able to provide the services to Users on an economically reasonable basis without these limitations.

E. Users understand that Intsalite Finserv or the Service Providers may reject authentication and/or authorization of transaction placed by Users for any reason including but not limited to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent transactions, selling of restricted or banned items, use of compromised cards or bank account numbers, use of banned/blacklisted cards or bank account numbers, use of suspicious Web Application or in accordance with the regulator, Issuing, Acquiring Institution and/or Card Network rules, guidelines, regulations, etc. and any other laws, rules, regulations, guidelines in force in India.

F. User further acknowledge that as a security measure Intsalite Finserv and/or the Service Providers may at our sole discretion, permanently or temporarily, block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted cards / accounts, specific, group of IP addresses, devices, geographic locations and / or any such risk mitigation measures it wishes to undertake.

G. As a risk management tool, Intsalite Finserv and/or the Service Providers reserve the right to limit or restrict transaction size, amount and/or monthly volume at any time. Intsalite Finserv will consider a variety of factors in making a decision and such determination will be at our sole discretion.

1.8 FRAUDULENT TRANSACTIONS

A. If Intsalite Finserv is intimated, by the bank, that a customer has reported an unauthorized debit/chargeback of the customer’s Payment Instrument (“Fraudulent Transaction”), the User shall be notified by Intsalite Finserv. The User shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) day (or such other period specified by the bank).

B. The User agrees and acknowledges that

1. if the User is unable to furnish Chargeback Documents
2. the bank is not satisfied with the Chargeback documents furnished by the User, then the bank shall be entitled to order the Intsalite Finserv to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the customer’s Payment Instrument.

C. Intsalite Finserv shall also be entitled to suspend the settlement of the amount under dispute or hold the value of transaction under dispute from following the settlement of the transaction during the pendency of inquiries, investigations and resolution thereof by the Service Providers to the User.

D. Pursuant to clause 1.8 (ii) above, if the amount in respect of the Fraudulent Transaction has already been settled to the User, any dispute arising in relation to the said Fraudulent Transaction, shall be resolved in accordance with the notifications, circulars and guidelines issued by the regulators or Service Providers in this regard from time to time.

E. The User also agrees and acknowledges that it is liable to pay fines, penalties and charges imposed by the Banks, card payment networks or any regulatory authority on account of Transactions that are in violation of Applicable Law.

F. The User further agrees and acknowledges that following Intsalite Finserv incurring the charge stipulated in clause 1.8(iii), if the available Transaction Amounts are insufficient for deduction of the Chargeback Amount, then Intsalite Finserv is entitled to issue a debit note seeking reimbursement of the Chargeback Amount from the User. The User shall reimburse the Chargeback Amount within three (3) working days of receipt of the debit note.

G. The Parties hereto agree that any payment instructions for Transactions accepted by the User as per the terms hereof which are subsequently disputed due to (a) the authorization by the User of any Transaction with an amount exceeding the User’s account balance or credit limit, or (b) the authorization by the User of a fraudulent Transaction, shall always be the liability and responsibility of User.

H. The User hereby acknowledges and agrees that Intsalite Finserv is a facilitator for payment processing services which are requested by Users and Intsalite Finserv shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the customers. It will be the responsibility of Users to ensure due protection while transacting online or otherwise. Intsalite Finserv will assist the Users in settling any queries related to the Services that arise between the Users, and its customers. However, Intsalite Finserv shall bear no responsibility with respect to the dispute or query related to payment made by the customers to the Users.

1.9 USER’S REPRESENTATIONS AND WARRANTIES

1. The User shall comply with the provisions contained in the Information Technology Act, 2000 and the statutory rules framed there under, from time to time, in so far as the same has application to its operations in accordance with these Terms of Use, and also with all other Laws, rules and regulations, whether already in force or which may be enacted from time to time, pertaining to data security and management, data storage, sharing and data protection, and various rules, regulation and provisions as may be applicable, as and when the same is enacted into a law and comes into force, and shall ensure the same level of compliance by all its employees.
2. The User confirms and certifies that it shall not engage in any act that violate any laws and regulations. It shall also ensure that the financial data or any other information of the customers received by the User are stored in a system only in India. This data shall include full end to end transaction details / information collected / carried / processed as part of the message / payment instructions. The User also acknowledges and agrees that the account balance maintained by the Users on Intsalite Finserv Platform shall be non-interest bearing and shall be forfeited by Intsalite Finserv if found lying unused for more than 365 days.

1.10 USER’S REPRESENTATIONS AND WARRANTIES The User represents and warrants that:

1. it has had a full and adequate opportunity to read and review these Terms of Use and had sufficient time to evaluate and investigate the provision of services under the Applicable Agreement and the financial requirements and risks associated with the same.
2. it shall immediately intimate Intsalite Finserv of any violation or potential violation of these Terms of Use or of other circumstances that may cause damage to the goodwill and reputation of Intsalite Finserv,
3. it shall be responsible to obtain any and all consents and approvals that are required from regulatory or governmental authorities, including any consent from customers required to transfer data to the User and/or the Intsalite Finserv Platform, as the case may be, in accordance with Applicable Law,
4. it shall be solely responsible for and hereby undertakes to strictly comply with Privacy Policy, and Applicable Law having jurisdiction in any manner whatsoever in connection with discharge of its duties under the Applicable Agreement, including but not limited to data protection, security, piracy, and directions issued by the regulators relating to payment data, and shall obtain and maintain in full force and effect all registrations required under Applicable Law for the operation of the business in terms of the Applicable Agreement, and
5. it shall not access (or attempt to access) the website and the Products by any means other than through the interface that is provided by Intsalite Finserv. It shall not use any deep-link, page scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Intsalite Finserv Platform, or in any way reproduce or circumvent the navigational structure or presentation of the platform, without Intsalite Finserv’s express prior\ written consent.
6. it shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
7. it shall inform the Company in case Income Tax Return is not filed by the User as per sec 139(1) of Income Tax Act, 1961 for the previous financial years starting from FY 2018-19 and undertake to indemnify and keep indemnified Intsalite Finserv against any and all losses, claims, liabilities, costs, taxes, interest, penalties imposed by any government and regulatory authority for non-complying with Section 206AB or any other provisions of Income Tax Act, 1961. The User also agrees that in case of any non-compliance as per the above-mentioned section the Company shall recover the TDS amount from the User along with interest and penalty.

1.11 INDEMNIFICATION

User agrees to indemnify, save, and hold Intsalite Finserv, its affiliates, contractors, employees, officers, directors, agents and its third-party suppliers, licensors, and partners harmless from any and all claims, demands, actions, suits which may be threatened or brought against Intsalite Finserv, and also against all losses, damages, liabilities, costs, charges and expenses, including without limitation, legal fees and expenses arising out of or related to:

1. Users’ use or misuse of Intsalite Finserv’s services or of the Site/application
2. any violation by the User of Terms of Use or Applicable Agreement,
3. any breach of representations, warranties and covenants made by the User in these Terms of Use, or Applicable Agreement,
4. any claim or legal notice or quasi-legal proceedings to which Intsalite Finserv may be required to become party or to which Intsalite Finserv may be subjected by any person including any governmental authority, by reason of breach of any Applicable Law,
5. due to failure of a User to obtain any required statutory or regulatory approval necessary for the performance of its obligations in the Applicable Agreement with Intsalite Finserv,
6. all liability, claims, damages, costs, expenses suffered or incurred by Intsalite Finserv as a result of any act or violation by User under Section 269ST of the Income Tax Act, 1961 while acting as collection agent of the Company.
7. Intsalite Finserv reserves the right, at User’s expense, to assume the exclusive defense and control of any matter, including rights to settle, for which concerned User is required to indemnify Intsalite Finserv. The User agrees to cooperate with Intsalite Finserv’s defense and settlement of these claims. Intsalite Finserv will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

1.12 DISCLAIMER

To the fullest extent permissible pursuant to Applicable Law, Intsalite Finserv and its officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by a User from Intsalite Finserv or through Intsalite Finserv’s services or the Site will create any warranty not expressly stated herein. Intsalite Finserv does not authorize anyone to make any warranty on its behalf and Users should not rely on any such statement. Users acknowledge that Intsalite Finserv is a reseller and is not liable for any third-party seller’s obligations. It is User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, merchandise and other information provided through the Site or on the internet generally. Intsalite Finserv does not warrant that its services will be uninterrupted, or free of errors, viruses or other harmful components, and that any of the foregoing defects will be corrected. Intsalite Finserv’s services and the Site and any data, information, third party software, Reference Sites, or Software made available in conjunction with or through its services and the Site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. Intsalite Finserv and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of Intsalite Finserv’s services, the Site or any Reference Sites in terms of correctness, accuracy, reliability, or otherwise.

1.13 INTELLECTUAL PROPERTY

1. Intsalite Finserv’s services and the Site are owned and operated by Intsalite Finserv and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of Intsalite Finserv’s services and the Site provided by Intsalite Finserv (the “Materials”) are protected by Applicable Law. As between User and Intsalite Finserv, all Materials and Intsalite Finserv’s Intellectual Property are the property of Intsalite Finserv and/or third-party licensors or suppliers. User agrees not to remove, obscure, or alter Intsalite Finserv or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Intsalite Finserv’s services. Except as expressly authorized by Intsalite Finserv, the User agrees not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or Intsalite Finserv’s Intellectual Property.
2. Parties do not accrue any rights or interest in the other Party’s Intellectual Property and use of any Intellectual Property by either Party shall be strictly for the fulfilment of and in compliance with the terms of the agreement between the Parties.
3. The Parties undertake that they shall not, nor will they allow others to, reverse engineer or disassemble any parts of the other’s Intellectual Property.
4. If Users’ have comments regarding Intsalite Finserv's services and the Site or ideas on how to improve it, please write to our 24x7 Helpdesk at help@intsalitefinserv.in Please note that by doing so, concerned User hereby irrevocably assign to Intsalite Finserv, and shall assign to Intsalite Finserv, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. The concerned User agrees to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
5. The User undertakes that :

   a. they shall use the Intellectual Property solely for discharge of their duties under the Applicable Agreement,

   b. they shall use Intellectual Property of other party only in the form and manner stipulated by such other party,

   c. they shall seek prior written consent from other party for use of such party’s Intellectual Property which is not previously provided for by such Party,

   d. they shall bring to other party’s notice all cases concerning such party’s Intellectual Property’s (a) infringement, (b) passing off, (c) registration, or (d) attempted registration,

   e. they shall render to other party all assistance in connection with any matter pertaining to the protection of such party’s Intellectual Property whether in courts, before administrative agencies, or otherwise,

   f. they shall refrain from taking any action which shall or may impair other party’s right, title or interest in the Intellectual Property, or create any right, title or interest therein or thereto, adverse to that of the other party,

   g. they shall not use or permit to be used the Intellectual Property by any unauthorized person, and

   h. they shall not misuse the Intellectual Property or use it together with any other mark or marks.

1.14 MODIFICATION

Intsalite Finserv reserves the right to change, modify, add, or remove these Terms of Use, either in its entirety or a part thereof (each, a “change”) at any time by posting a notification to the Site or otherwise communicating the notification to Users. The changes will become effective, and shall be deemed accepted by Users, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If Users do not agree with any such modification, Users sole and exclusive remedy is to terminate their use of the Services.

1.15 CONFIDENTIALITY

1. The User shall keep Confidential Information as confidential. The User confirms that it shall protect Confidential Information with such security, confidentiality and degree of utmost care as it would prudently apply to its own confidential information and use it solely in connection with the transaction to which the Confidential Information relates. The User acknowledges and agrees that it is aware of the sensitivity & secrecy involved in keeping the customer data/information and transaction records and shall ensure that neither the User nor their employees, directors etc. will do any act to violate the same.
2. Notwithstanding anything contained in this Clause 1.15, Confidential Information shall exclude any information; a) which is already in the possession of the receiving Party and not subject to any other duty of confidentiality, b) that is at the date hereof, or subsequently becomes, public otherwise than by reason of a breach by the receiving Party of these Terms of Use, c) Information that becomes legally available to the receiving Party and/or its affiliates or professional advisors on a non-confidential basis from any third party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third party has to the other Party with respect to such information, and d) Information that is independently acquired or developed by the receiving Party and/or its affiliates or professional advisors.
3. Notwithstanding anything contained in this Clause 1.15, Confidential Information shall exclude any information; a) which is already in the possession of the receiving Party and not subject to any other duty of confidentiality, b) that is at the date hereof, or subsequently becomes, public otherwise than by reason of a breach by the receiving Party of these Terms of Use, c) Information that becomes legally available to the receiving Party and/or its affiliates or professional advisors on a non-confidential basis from any third party, the disclosure of which does not, to the knowledge of that Party, violate any contractual or legal obligation which such third party has to the other Party with respect to such information, and d) Information that is independently acquired or developed by the receiving Party and/or its affiliates or professional advisors.
4. The User hereby agrees that it shall not disclose any Confidential Information received by it without the prior written consent of the Company to any third party at any time. Provided however, that either Party may make the following disclosures for which no consent shall be required from the other Party:

   a. Disclosures to its directors, officers, employees, affiliates / subsidiaries / group / holding companies, third party service providers and any employees thereof that it reasonable determines need to receive the Confidential Information;

   b. Disclosures to its legal and other professional advisers, instructed by it that it reasonably determines need to receive the Confidential Information; or

   c. Disclosures to any person to whom it is required by law or any applicable regulatory, supervisory, judicial or governmental order, to disclose such information, or at the request of any regulatory or supervisory or judicial or government authority.

1.16 TERMINATION

1. Intsalite Finserv reserves the right to suspend or terminate the User’s access to Intsalite Finserv Platform and Services without prior notice and without any liability to the User or any third party, in the event,

   a. the User is in a breach of these Terms of Use or any Intsalite Finserv Policies;

   b.the User is engaged or is suspected to engage in any restricted, illegal, fraudulent or abusive activity;

   c.the User provides any information which is incomplete, inaccurate or false or Intsalite Finserv has reason to believe that such information is incomplete, inaccurate or false.

2. Any suspension/termination of the User’s access to Intsalite Finserv Platform and Services shall be without prejudice to Intsalite Finserv’s right to exercise any other remedy available to it under the applicable law.

1.17 GOVERNING LAW

This Terms of Use shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions and the exclusive jurisdiction of competent courts in Patna- Bihar, India.

1.18 FORCE MAJEURE

Intsalite Finserv shall not be liable for failure to perform its obligations under these Terms of Use to the extent such failure is due to causes beyond its reasonable control. In the event of a force majeure, the Company if unable to perform shall notify the User in writing of the events creating the force majeure and the performance obligations of the Company will be extended by a period of time equal to the length of the delay caused by force majeure; provided that if any such delay exceeds ninety days, then following such ninety day period, either Party hereto may terminate the unperformed portions of these Terms of Use on ten days prior written notice to the other Party. For the purposes of these Terms of Use, force majeure events shall include, but not be limited to, acts of God, failures or disruptions, orders or restrictions, war or warlike conditions, hostilities, sanctions, mobilizations, blockades, embargoes, detentions, revolutions, riots, looting, strikes, stoppages of labour, lockouts or other labour troubles, earthquakes, fires or accidents and epidemics and/or pandemics.

1.19 MISCELLANEOUS

1. SEVERABILITY If any provision of this Terms of Use is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Terms of Use to the minimum extent required, and the remaining provisions will remain valid and enforceable.
2. ASSIGNMENT These Terms of Use and any rights granted hereunder, shall not be assignable by the User, but may be assigned by Intsalite Finserv without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
3. HEADINGS The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.
4. NOTICE Intsalite Finserv may provide Users with notices and communications by email, regular mail, or posts on the Intsalite Finserv website(s) or by any other reasonable means. Except as otherwise set forth herein, notice to Intsalite Finserv must be sent by courier or registered post to the Legal Department, Intsalite Finserv Limited, 2st Floor, 4M/131,Bhootnath Road Kankarbag Patna -800026 , Bihar - 800026, India.
5. WAIVER The failure of Intsalite Finserv to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Intsalite Finserv.
6. RELATIONSHIP BETWEEN THE PARTIES. The Terms of Use are not intended by the Parties to constitute or create a joint venture, pooling arrangement, partnership, agency or formal business organization of any kind. Intsalite Finserv and the User shall be independent contractors with each other for all purposes at all times and neither Party shall act as or hold itself out as an agent or representative of the other Party nor shall create or attempt to create liabilities for the other Party by acting or holding itself out as such.

Privacy Policy

Intsalite Finserv Limited (“Intsalite Finserv”, “we”, “us”, “our”), respects every individual’s right to privacy and it is our endeavour to protect their personal and Sensitive personal data or information (defined below).

This Privacy Policy (“Policy”) applies to all visitors (i.e. those who do not have an Account with Intsalite Finserv) and users (i.e. those who have an Account with Intsalite Finserv) (collectively referred to as “User”) who share their personal and Sensitive personal data with us, while visiting, accessing, browsing and using our website and mobile application (collectively referred to as “Website”). The purpose of this Policy is to inform Users regarding collection, use, storage, transfer and disclosure of their data. Before submitting any information to us, please carefully read this Policy to understand how we shall treat your information.

The User acknowledges that this Policy is a part of Intsalite Finserv's Terms & Conditions and all the terms defined there have the same meaning here in this Policy. Access, browsing and continuous use of the Website constitutes the User’s unconditional consent to this Policy read together with the Terms of Use. If the User does not agree with the terms of this Policy, please do not visit and use our Website. This Policy can be easily accessed at various places on our Website, including but not limited to when Users create an account with us on our Website.

Intsalite Finserv reserves its right to modify, alter, and update this Policy at any time, with or without prior notice. Although, Users shall be notified of material changes through their registered email address or any other mode of communication available with us, it is advised that they consult this Policy regularly to be updated about the changes. If a User continues to use or avail the services of the Website after any modification, amendment, alteration or change of this Policy, irrespective of whether notice was sent to the User or published on the Website, such User is hereby deemed to provide consent to this Policy and Intsalite Finserv's other Policies and practices existing at the time of visiting, accessing and/or using the Website.

This Policy is published in compliance of:

1. Section 43A of the Information Technology Act, 2000 (“Act”)
2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)

DEFINITIONS

1. PERSONAL INFORMATION

SPI Rules define “Personal Information” as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. Such information includes name, address, mobile number, etc.

2. SENSITIVE PERSONAL DATA OR INFORMATION

SPI Rules define “Sensitive personal data or information” of a person as personal information which consists of information relating to:

1. passwords;
2. financial information such as bank accounts or credit card or debit card or other payment instrument details;
3. physical, physiological and mental health condition;
4. sexual orientation;
5. medical records and history;
6. biometric information;
7. any of the information received under above clauses by body corpoli> for processing or storage under lawful contract or otherwise.

Information which is freely available in the public domain or furnished under the Right to Information Act, 2005 or any other law shall not be regarded as sensitive personal data or information.

3. PAYMENT DATA

“Payment Data” is defined as end-to-end transaction details and information pertaining to payment or settlement transaction that is gathered / transmitted / processed as part of a payment message / instruction. Payment Data includes - Customer data (Name, Mobile Number, email, Aadhaar Number, PAN number, etc. as applicable); Payment sensitive data (customer and beneficiary account details); Payment Credentials (OTP, PIN, Passwords, etc.); and, Transaction data (originating & destination system information, transaction reference, timestamp, amount, etc.).

CONSENT FOR COLLECTION OF PERSONAL INFORMATION

Users provide their consent to the use, disclosure, storage, possession, receiving, dealing or handling of their Personal Information by accessing, browsing, or availing services on the Website.

In accordance with Rule 5 of SPI Rules, Users provide their specific consent to the use, disclosure, storage, possession, receiving, dealing or handling of their Sensitive personal data or information for lawful purposes enumerated in this policy through checking the box affirming such consent appearing at the time of creation of their Account on the Website.

Intsalite Finserv presumes adequate and lawful parental consent in case the Personal Information or Sensitive personal data or information is shared by a User under the age of 01 years.

TYPES OF INFORMATION WE COLLECT

The Users who access and use our Website are required to submit certain Personal Information and Sensitive personal data or information for creating an Account, entering into transactions with us and obtaining customer support services. Personal Information and Sensitive personal data or information which may be collected by us includes:

1. full name and age;
2. username and password;
3. PAN;
4. password of User’s account registered with us;
5. postal address;
6. E-mail address;
7. mobile number;
8. internet protocol (IP) addresses (through cookies);
9. URL of website accessed prior to and post Users’ accessing our Website;
10. credit/debit card number, credit/debit card expiration date and/or other payment instrument details;
11. User’s feedback, queries, e-mails, letters, suggestions provided to us;
12. third party information about concerned User’s activities or postings on the Website;
13. Information about the mobile/tab device the App is installed on or mobile device identifier.
14. any other information relevant for accessing and using our Website as maybe required by us.

PURPOSE OF COLLECTION

We shall collect your Personal Information or Sensitive personal data or information only for specific, clear and lawful purposes. These include:

1. to give the User a safe, efficient, smooth and personalised experience while using our Website;
2. to improve our services and products;
3. to respond to your queries or complaints generally related to our services, etc;
4. to send promotional emails containing information about our existing and new products/services, newsletters, notify changes in this Policy or other policies etc;
5. to analyse the traffic on our Website and conduct market research regarding users’ demographics, interests, and behaviour;
6. to create new products and services;
7. to provide customer support services;
8. to detect, prevent and address error, fraud, criminal activity, abuse of our services and technical issues;
9. to enforce Terms of Conditions;
10. to provide co-branded services in affiliation with more than one corporate entity;
11. other such lawful purposes as described at the time of collection of Personal Information or Sensitive personal data or information.

HOW INFORMATION IS COLLECTED

We collect information which the Uservoluntarily provides us at the time of visiting, accessing, browsing and using our Website, our social media profiles, and customer support service. We also collect data automatically by analysing your online behaviour (through cookies).

The User has an option to not provide us with certain information or withdraw consent to provide certain information at any time, in accordance with the terms of this Policy. In case consent is withdrawn, we shall retain your Personal Information or Sensitive personal data or information for a period deemed appropriate by us or as mandated by law. On revoking of your consent, we reserve the right to limit access to the various features and services provided on the Website.

DISCLOSURE OF INFORMATION

You expressly consent to and authorize us to share your Personal Information and Sensitive personal data or information with our trusted affiliates and any other third party, to the extent and for the lawful purposes as stated in this Policy. We shall not disclose any Personal Information or Sensitive personal data or information to any government institution or authority, except where such disclosure is (i) obligated by law, (ii) requested by a lawfully authorized government authority, (iii) pursuant to a judicial decree, (iv) for enforcing and protecting the legal rights of Intsalite Finserv or others’, (v) for seeking any relief, (vi) for defending any charge, (vii) for opposing any claim, (viii) for enforcing this Policy or our Terms of Use, (ix) for obtaining any legal advice. We also reserve our right to disclose, share or transfer your Personal Information or Sensitive personal data or information to a third party due to any change in ownership, merger, restructuring or sale of our business assets.

USE OF COOKIES AND OTHER TECHNOLOGIES

To improve the effectiveness and usability of the Website for our Users, we use “cookies”, or similar technology to collect information and assign each visitor a unique random number called as a User Identification (User ID) in order to understand the User's individual interests. Our web servers automatically collect limited information about the User’s computer connection to the Internet, including User’s IP address, when the User visits the Website (User’s IP address is a number that lets computers connected to the internet know where to send data to the User such as the web pages viewed by the User).

Users may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties and disclaim any obligation or liability associated thereto.

ULINKS TO OTHER WEBSITES

The Website provides links to other websites which may or may not collect information about the User. The User acknowledges that this Policy does not cover the collection and use of information by such sites and that we shall not be responsible for the privacy policies, practices or content of the linked websites.

CORRECTION AND UPDATION OF INFORMATION

The User shall promptly notify us in case any Personal Information or Sensitive personal data or information supplied by such User as maintained in our records is inaccurate, misleading or incomplete. Further, the User may also review, update or modify the information by logging into their Account on the Website. We shall not be responsible for the authenticity of Personal Information or Sensitive personal data or information supplied by a User.

RETENTION OF INFORMATION

Your Personal Information and Sensitive personal data or information may be retained and used until: (i) the relevant purposes for the use of your information described in this Policy are no longer applicable; and (ii) we are no longer required by applicable law, regulations, contractual obligations or legitimate business purposes to retain your information; and (iii) the retention of your information is not required for the establishment, exercise or defense of any legal claim.

MAILERS

Intsalite Finserv may send direct mailers to the User at the email address given by the User. The User has the option to opt-out of this direct mailer by way of links provided at the bottom of each mailer or any other means as Intsalite Finserv deems appropriate. Intsalite Finserv respects every User’s privacy and in the event that User chooses to not receive such mailers, Intsalite Finserv will take all steps to remove the User from the list. If a User wants to remove his/her/it’s contact information from all mailing lists and newsletters, the same can be done through “Profile” page of his/her/it’s account with Intsalite Finserv.

ADVERTISING

We use third-party advertising companies to serve ads when you visit our Website. These companies may use your anonymized information (i.e. information which does not include your name, address, email address or mobile number) in order to provide advertisements about goods and services of interest to you. Such anonymized information is usually in the form of aggregated statistics on traffic to various pages within our Website.

DATA LOCALIZATION

In compliance with Reserve Bank of India’s circular RBI/2017-18/153 DPSS.CO.ODNo.2785/06.08.005/2017-2018 dated April 6, 2018, all Users, including system participants, service providers, intermediaries, payment gateways, third party vendors and other entities in the payments ecosystem, who are retained or engaged by Intsalite Finserv for providing payment services shall mandatorily store entire Payment Data in systems located only in India. Notwithstanding the above, for cross border transaction data, consisting of a foreign component and a domestic component, a copy of the domestic component may also be stored abroad, if required.

HOW WE SECURE THE INFORMATION

The Website has put stringent security measures necessary to prevent misuse, unauthorised access, modification, disclosure or destruction of your Personal Information and Sensitive personal data or information in our control. All information collected by us is stored on servers secured behind a firewall; such servers are password-protected and access is strictly limited based on need-to-know basis.

We may undertake periodic review of our security safeguards and this Policy to incorporate such future changes as may be appropriate to ensure that integrity of your Personal Information and Sensitive personal data or information is intact. In case of any security breach which is likely to cause harm to the User, we shall notify the User of such breach as soon as practicable and take necessary measures to remedy the breach or mitigate any immediate harm.

If you seek any clarifications regarding this Policy or wish to raise any issue or grievance with respect to illegal access, use or disclosure of Personal Information, please e-mail at help@intsalitefinserv.in

We shall attempt to resolve any issues within a period of thirty (30) days from the date of receipt of the question, concern, grievance or report.

GRIEVANCE POLICY

Intsalite Finserv believes that excellence in customer service is an important imperative for sustained business growth. As a service organization, customer service and customer satisfaction are our prime focus. Our goal is to ensure that our customers receive exemplary service across all our touch points. This policy encompasses a structured grievance redressal mechanism and a framework for addressing customer grievances/complaints.

Intsalite Finserv will treat the customers in a transparent and fair manner, and will deal with customer complaints with courtesy and in a timely manner.

REDRESSAL MECHANISM FOR GRIEVANCES:

The customer can contact the below mentioned two levels for effective resolution of their complaints:

If customer’s issue is not resolved even after contacting the above complaint resolution channels, or in the timelines mentioned above or the customer is not satisfied with the response, the Complaint may be escalated to the Nodal officer at:

Restricted Services

List of restricted services:

1. Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, and other armaments;

2. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery, and other media); escort or prostitution services; Website access and/or Website memberships of pornography or illegal sites;

3. Pyrotechnic devices, combustibles, corrosives, and hazardous materials which includes explosives and related goods; toxic, flammable, and radioactive materials and substances;

4. Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne;

5. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;

6. Drug test circumvention aids which include drug cleansing shakes, urine test additives, and related items;

7. Drop-shipped merchandise;

8. Unlicensed pharmaceuticals or non-approved chemicals;

9. Body parts which include organs or other body parts;

10 Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam);

11. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free;

12. Child and animal pornography which includes pornographic materials involving minors;

13. Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection;

14. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials;

15. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;

16. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;

17. Endangered species which includes plants, animals, or other organisms (including product derivatives) in danger of extinction;

18. Gambling and Casinos Businesses;

19. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;

20. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property;

21. Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts;

22. Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes;

23. Precious metals, stones, and jewellery;

24. Offensive goods which include literature, products or other materials that:

a. Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;

b. Encourage or incite violent acts; or

c. Promote intolerance or hatred;

25. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;

26. Offering work at home/work from home approach and/or information with an intent to deceive;

27. Regulated goods which include air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications;

28. Businesses which conduct/deal in nuclear materials;

29. Securities which include government bonds or related financial products;

30. Unlicensed forex and international fund transfer businesses;

31. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;

32. Traffic devices which include radar detectors/jammers, license plate covers, traffic signal changers, and related products;

33. Live animals or hides/skins/teeth, nails and other parts etc. of animals;

34. Provision of services that have the potential of casting the Payment Gateway Facilitators in a poor light and/or that may be prone to Buy & Deny attitude of the cardholders when billed (e.g., adult material/ Mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses;

35. Businesses out rightly banned by law (e.g., Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance;)

36. Businesses or website that operate within the scope of laws which are not clear or unambiguous in nature (e.g., web-based telephony, website supplying medicines or controlled substances, website that promise online match-making);

37. Businesses where directors/beneficial owners are located in FATF high risk jurisdictions;

38. Clients/entities which are registered as NGO, trust or any such charitable institution;

39. Money laundering services;

40. Mailing lists;

41. Database providers (for tele-callers);

42. Bidding/Auction houses;

43. Virtual currency, cryptocurrency, and other crypto products (like non-fungible tokens), prohibited investments for commercial gain or credits that can be monetized, re-sold, or converted to physical or digital goods or services or otherwise exit the virtual world;

44. Activities prohibited by the Telecom Regulatory Authority of India;

45. Any other product, services or activities which are not in compliance with or prohibited by applicable law;

46. Entities operating as chit funds/Nidhi companies (except government or public sector entities); and

47. Unregulated/ unlicensed money service business or money and value transfer services like exchange houses, remittance agents or individuals running such businesses in jurisdictions that require license for such businesses;

48. Any other product or service which is in violation of Applicable Law.

The above list is illustrative and not exhaustive. It is subject to additions/changes by Intsalite Finserv Limited , without any prior intimation to you.