Terms Conditions

1. INTRODUCTION

Please read these BHIM terms and conditions ("Terms") carefully before registering, accessing or using the Bharat Interface for Money Application (“BHIM App” or “App”) owned by NPCI BHIM Services Limited (“NBSL”), a wholly owned subsidiary of National Payments Corporation of India (“NPCI”,) (collectively referred to as “We”, “Us” and “Our”). These Terms govern your (“User”, “you”, “your” and “yourself”) use and access of the App. By registering on the App, accessing and/or using the App indicates that you have read, understood, accepted and agreed to be bound by these Terms. However, if you do not agree to or wish to be bound by these Terms, you may stop using the Features and uninstall the App, immediately.

2. ACCEPTANCE

These Terms and Conditions are an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

3. DEFINITIONS

4. TERMS AND SCOPE OF FEATURES THROUGH THE APP

5. UPI CIRCLE

These terms and conditions (“UPI Circle Terms”) apply to and govern the UPI Circle (Defined Below) feature on the BHIM App. Please read UPI Circle Terms carefully before accessing or using UPI Circle.

The UPI Circle Terms are in addition to and not in derogation of the terms and conditions governing the use of BHIM App (“App Terms”). By enabling, or using, UPI Circle, you acknowledge that you have read, understood and agree to be bound by the UPI Circle Terms.

A) DEFINITIONS

In the UPI Circle Terms, the following words shall have the meanings as set below unless the context indicates otherwise. All other capitalized terms used in the UPI Circle Terms but not defined herein shall have the meaning ascribed to them in the BHIM App Terms.

B) TERMS:

You understand, agree, confirm and undertake that:

1. For Primary User: 2. For Secondary User: 3. Other Terms:

6. e-RUPI Voucher:

E-Rupi Voucher is a one-time and multiple time use contactless, cashless voucher-based mode of payment that helps users redeem the voucher without card, digital payments app, or internet banking access. e-RUPI is a person-specific and even purpose-specific digital voucher, which means these vouchers can be used by person (to whom the voucher is been given) for specific purpose.

A) THE END-TO-END TRANSACTION INVOLVES THE BELOW ENTITIES;

B) TERMS OF USE

C) DISPUTE RESOLUTION

7. USERS ELIGIBILITY

8. YOUR ACCOUNT

9. HARDWARE AND COMMUNICATION SYSTEM

10. USER COVENANTS AND OBLIGATIONS

11. FEES AND PAYMENT TERMS

Registration on the App is free. NBSL does not charge any fee for using the App. However, NBSL reserves the right to introduce fees. Any changes to the fee/pricing policies will be posted on the App and such changes shall automatically become effective immediately after they are posted on the App or at such date as may be prescribed by NBSL in this regard.

12. USE OF THE APP

Subject to compliance with these Terms, NBSL grants you a non-exclusive, revocable, limited privilege to access and use the App and avail / access the Features. You agree to use the App only (a) for purposes that are permitted by these Terms; (b) for purposes for which the App is meant to be used; and (c) in accordance with any Applicable Laws and regulations. All material added, created, uploaded, submitted, distributed, or entered on to the App by you is your sole responsibility. NBSL reserves the right to review any information provided/data uploaded, if any, by you on the App and delete any information/data that is inconsistent with these Terms.

13. PROHIBITED USES

14. MODIFICATIONS TO PLATFORM:

NPCI and/or NBSL reserves the right to modify, suspend, or discontinue the App including the Features and these Terms, at any time without notice

15. LINKS TO THIRD-PARTY WEBSITES:

Links on the App to third-party websites, platforms, content, services and or products (collectively “Third-Party Site”) are provided solely as a convenience to you. Including a link to a Third-Party Site does not constitute or imply endorsement by, or affiliation with, NPCI and/or NBSL of that Third-Party Site, including its operator or its contents, services and/or offerings. If you use these links, you may leave the App. NPCI and/or NBSL is not obligated to review such Third-Party Site, does not control such Third-Party Site, and is not responsible for them. Thus, NPCI and/or NBSL does not endorse or make any representations about such Third-Party Site including any information, software, products, services, content or materials found there or any results that may be obtained from using them. If you decide to access any of the Third-Party Site linked to from the App, you do this entirely at your own risk.

16. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS:

17. INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless each of NPCI and/or NBSL Parties (as defined below) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your User Account's) breach or violation of these Terms (including without limitation or representation, warranties and or covenant) or misrepresentation with respect to your information or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. NPCI and/or NBSL reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NPCI and/or NBSL’s defence of such claim. This clause shall survive the expiry or termination of these Terms.

18. ELECTRONIC COMMUNICATIONS:

19. TERMINATION

20. DISCLAIMERS

21. LIMITATION OF LIABILITY

22. GOVERNING LAW AND JURISDICTION

These Terms and the relationship between you and NBSL shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. The appropriate courts and forums at Mumbai, Maharashtra shall have exclusive jurisdiction in any proceedings arising out of the use of App and these Terms. NBSL may, however, in its absolute discretion commence any legal action or proceedings arising out of these Terms in any other court, tribunal or other appropriate forum, and you hereby consents to that jurisdiction.

23. GENERAL

These Terms, additional terms to which you agree when using particular elements of the App and the Features, constitute the entire and exclusive and final statement of the agreement between you and NPCI and/or NBSL with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and NPCI and/or NBSL with respect to such subject matter. NPCI and/or NBSL shall neither be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of NPCI and/or NBSL or any force majeure event. The failure of NPCI and/or NBSL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of NPCI and/or NBSL and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The Clause titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the App and or the Features. These Terms will be interpreted without application of any strict construction in favour of or against you or NPCI and/or NBSL. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NPCI and/or NBSL without restriction.

24. MODIFICATIONS TO THESE TERMS AND CONDITIONS:

NBSL may, in its sole and absolute discretion, change these Terms from time to time. NBSL may post such modified Terms on the App. If you object to any such changes, your sole recourse shall be to cease using the App and the Features. Your continued use of App and the Features following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the App and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.

Terms and Conditions for CBDC Services (“Terms”)

These Terms shall be applicable to the Customers (defined below) availing CBDC Services (defined below) on BHIM App (defined below). All the Customers availing the CBDC Services shall or deemed to have read, understood and agreed to be bound by these Terms and/or such other terms as may be updated by NBSL (defined below) from time to time.

A. Definitions:

Under these Terms, the following words and phrases have the meanings set against them unless the context indicates otherwise:

B. Interpretation:

C. Applicability and Acceptance of Terms:

D. Scope and Usage of the CBDC/Digital Rupee:

E. Know Your Customer (“KYC”) Requirements:

Upon creating/linking a Digital Rupee Wallet, Customer will be issued a Digital Rupee ID linked to the Digital Rupee Wallet for Digital Rupee Transactions through BHIM App. Customer must set a Digital Rupee PIN approved by the Bank, which will be used to authenticate Customer’s identity for Digital Rupee Transactions.

F. Rights and Obligations of Customers:

F. Rights and Obligations of NBSL

G. Sharing of Information

The Customers irrevocably and unconditionally authorises NBSL to access and use all information of the Customer’s Account(s) and records received to enable Digital Rupee Transactions and CBDC Services under it and share such information with:

H. Disclaimer of Liability

NBSL does not hold out any warranty and makes no representation about the accessibility of the Digital Rupee Services/CBDC Services on BHIM App. The Customer agrees and acknowledges that NBSL or its group companies shall not be liable and shall in no way be held responsible for any damages whatsoever whether such damages are direct, indirect, incidental or consequential and irrespective of whether any claim is based on loss of revenue, interruption of business, transaction carried out by the Customer and processed by NBSL, information provided or disclosed by NBSL regarding Customer’s Account(s) or Digital Rupee Wallet or any loss of any character or nature whatsoever and whether sustained by the Customer or by any other person.

I. Customer Grievances:

Lending Service Provider (LSP) Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Lending Terms and Conditions (“T&Cs”) are made effective through checkbox consent mechanism or any other digital mode of Your acceptance (including initiation of an application journey where You click on any product banners/tabs/links hosted on BHIM App) as may be facilitated by NPCI BHIM Services Limited (“NBSL”/“We”/“Us”/“Our”) having its registered office at 1001 A, B Wing, 10th Floor, The Capital, Bandra Kurla Complex, Bandra (East), Mumbai 400051. Alternatively, these may be made effective over email correspondences and acceptances or simply by obtaining physical signatures. NBSL acts solely as a Lending Service Provider (“LSP”) facilitating digital lending services on behalf of the Partners which are regulated entities registered with the RBI and are authorised to provide credit products such as loans and credit cards. NBSL neither lends money nor guarantees approval of any loan. By accessing or using BHIM App and/or NBSL Services, You confirm that You have read, understood, and agree to be bound by these T&Cs.

1. INTRODUCTION:

  1. Please read these T&Cs carefully before accessing or using NBSL Services. These T&Cs constitute a legally binding agreement between You and NBSL. You agree and acknowledge that You have read these T&Cs set forth below. If You do not agree to these T&Cs or do not wish to be bound by these T&Cs, You shall not use NBSL Services and/or immediately terminate NBSL Services.
  2. Using BHIM App indicates Your agreement to these T&Cs, so please read these T&Cs carefully before proceeding. By impliedly or expressly accepting these T&Cs, You also accept and agree to be bound by NBSL’s Policies (including but not limited to Privacy Policy) as may be available on BHIM App and amended from time to time. With regard to Personal Information collected by NBSL, the Privacy Policy available on BHIM App will be applicable.
  3. We may amend these T&Cs at any time by posting an updated version on BHIM App. The updated version of these T&Cs shall take effect immediately upon posting. It is Your responsibility to review these T&Cs periodically for updates/changes. Your continued use of BHIM App and availing of NBSL Services following the posting of such changes will mean that You accept and agree to the revised version of these T&Cs including any additional terms, modifications or removal of certain portions therein etc. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable and limited privilege to avail NBSL Services.

2. DEFINITIONS:

  1. Borrower(s)” shall mean a User whose loan application has been approved and disbursed by a Partner.
  2. Credit Information Companies” or “CIC” shall mean TransUnion CIBIL Limited (Formerly Credit Information Bureau (India) Limited), Equifax Credit Information Services Private Limited, Experian Credit Information Company of India Private Limited, CRIF High Mark Credit Information Services Private Limited or any other credit information company registered as such with the Reserve Bank of India (RBI).
  3. Credit Information” shall mean any information relating to (i) the amounts and the nature of loans or advances, amounts outstanding under credit cards and other credit facilities granted or to be granted by a credit institution to any borrower; (ii) the nature of security taken or proposed to be taken by a credit institution from any borrower for credit facilities granted or proposed to be granted to him; (iii) the guarantee furnished or any other non-fund based facility granted or proposed to be granted by a credit institution for any of its borrowers; (iv) the credit worthiness of any borrower of a credit institution; or (v) income and/or expense details of any borrower.
  4. KYC” shall refer to the documents under the ‘know your customer’ guidelines issued by the RBI and shall include address proof, identity proof, income proof, PAN or such other officially valid documents.
  5. Partner” shall mean any bank, non-banking financial company or other credit providers who will provide loans to the Borrowers through BHIM App.
  6. BHIM App” shall mean any platform owned/operated by NBSL and/or its technical service provider(s) for provision of NBSL Services.
  7. NBSL Services” shall mean the services extended/to be extended by NBSL including but not limited to facilitation of loans from its Partners and servicing of such loans.
  8. Personal Information” shall mean any information that relates to an identified or identifiable natural person and includes sensitive personal information.
  9. Users” shall mean any person accessing BHIM App for browsing or applying for loan products. The term User shall also be referred to as “You”/“Your”.

3. ROLE OF NBSL

NBSL serves as a technology interface and facilitation service provider to enable Users to discover and access loan products offered by Partners. All loan origination, underwriting, approval, sanction, pricing, disbursement, servicing, and recovery are carried out solely by the Partner in accordance with applicable RBI regulations. NBSL Services are provided pursuant to the outsourcing arrangements entered into with such Partners in accordance with applicable RBI guidelines. NBSL does not act as a lender, does not assume any credit risk, and has no role in determining the KYC procedure, credit analysis, underwriting, pricing of the loan, sanction, approval or rejection of the loan application. Except to the extent arising from NBSL’s own fraud, gross negligence, or wilful misconduct, or as required under applicable law, NBSL shall not be responsible for decisions of the Partner or for any acts or omissions of other persons acting on behalf of the Partners.

4. ROLE OF PARTNERS:

Approval of any loan is at the sole discretion of the Partner and is subject to its internal policies and applicable laws. The Partner shall be solely responsible for compliance with RBI Digital Lending Guidelines, deciding upon pricing of the loan, underwriting, issuance of Key Fact Statement (“KFS”) prior to loan acceptance, customer grievance handling relating to loan products and ensuring fair practices in recovery and servicing. The loans provided by the Partners will be subject to and governed by the Partner’s terms and conditions, KFS, loan agreement, loan application form, privacy policy and/or any other documents/policies as may be accepted or executed by the User during the loan process. The aforesaid documents shall solely govern the lending relationship between the Borrower and the Partner. The Partner will share these documents through email/SMS or any other medium deemed fit by such Partner with the Borrower and/or will make it available on the Partner’s website/app and/or on BHIM App.

5. USER ELIGIBILITY:

By accessing NBSL Services and BHIM App, You represent that:

  1. You are 18 years of age or above, an Indian Citizen and a tax resident of India;
  2. You are not barred or otherwise legally prohibited from accessing or availing NBSL Services, BHIM App and/or the Partner’s credit products under the laws of India;
  3. You are capable of entering into a legally binding agreement;
  4. You shall avail NBSL Services and the loan proceeds only for legitimate purposes and in no event use NBSL Services and the loan proceeds for any illegal or prohibited purposes.

6. LOAN JOURNEY ON BHIM APP:

The User acknowledges that NBSL acts solely as a facilitator in the loan process and that the final decision regarding loan approval, pricing, and disbursal rests exclusively with the Partner. The User acknowledges and understands that the loan facilitation process through BHIM App may broadly involve the following steps:

  1. browsing and viewing loan products offered by various Partners;
  2. selecting a preferred loan product and providing initial details;
  3. providing explicit consent for data access, processing, and sharing;
  4. completion of KYC and submission of required documents;
  5. review and acceptance of the KFS and loan agreement issued by the Partner; and
  6. disbursal of the loan directly by the Partner to the User’s bank account.

7. DISPLAY OF LOAN OFFERS AND PLATFORM’S FAIRNESS:

  1. The User acknowledges that loan offers displayed on BHIM App are based on preliminary information, as received by NBSL from the Partners and is subject to change based on Partner’s evaluation. The User also agrees that display order of loan products on BHIM App shall not be construed as a recommendation or endorsement of any particular Partner or product. In this regard, the User understands and agrees that in certain cases, the loan offers may be indicative in nature, may change based on Partner’s evaluation and that the final binding loan terms shall be communicated by the Partner through the KFS and loan agreement prior to execution. The User acknowledges that proceeding with loan acceptance indicates complete understanding and agreement to the loan terms as may be disclosed by the Partner.
  2. The User understands and agrees that NBSL may display ancillary products or services on BHIM App. The User shall have full discretion to accept or decline such ancillary products or services without any impact on the core loan application process, unless explicitly specified by the Partner in accordance with applicable laws. Such ancillary products or services shall:
  1. be presented in a transparent and non-misleading manner; and
  2. not be bundled in a manner that forces or compels the User to avail such additional products as a condition for accessing any loan facility.
  1. BHIM App and related user interfaces shall not employ any misleading design practices, deceptive interfaces, or dark patterns that could impair the User’s ability to make informed decisions. All material information relating to the loan, including pricing, charges, and terms, shall be presented in a clear, transparent, and easily understandable manner before obtaining User consent.

8. USER CONSENT, RESPONSIBILITY AND RESTRICTIONS

  1. The User expressly consents to:
  1. collection, storage, and processing of Personal Information by NBSL for sharing with Partners for purpose of assessing Your eligibility for the loan facility applied for;
  2. sharing of data between NBSL, Partners, and authorised service providers in relation to completion of Your KYC process as required by Partners, eligibility checks, storage of the User Data and/or any other service provider (including affiliates and/or group companies, agents, service providers, regulatory or government authorities) which may be engaged by NBSL and/or Partners for processing your loan or credit facility application;
  3. retrieval of Credit Information from CICs by the Partners;
  1. NBSL shall collect personal details such as name, age, date of birth, photograph, permanent account number (PAN), contact details, location and pin code, and; financial information such as bank statements, credit information (“User Data”).
  2. The User authorizes Partner and/or NBSL and/or their service providers for a one-time access to the camera, microphone and location, of the User’s electronic device(s) that is being used for the purposes of making their loan or credit facility application (including their mobile phone(s)) for the purposes of on-boarding/KYC requirements in connection with their loan or credit facility application
  3. The User acknowledges that access to loan products on BHIM App is based on voluntary selection by the User and no loan product, feature, or service shall be imposed or automatically selected without the User’s explicit/ affirmative action or consent. Further, the User agrees to:
  1. carefully review all loan-related documents before acceptance;
  2. ensure accuracy of information provided during the loan application process; and
  3. seek clarification from Partner on doubts regarding loan terms, charges, or obligations.
  4. User acknowledges that in the event where he/she does not provide their consent as sought from them for collection, storage, processing, sharing and use of User Data as described above, NBSL and/or the Partner will not be able process their application for the loan or credit facility.
  1. Such data shall be processed only for lawful purposes, with appropriate security safeguards and in accordance with applicable data protection laws. The User shall have the right to withdraw consent where permitted under applicable law, subject to consequences to ongoing services.
  2. The User acknowledges that he/she may request deletion of any part of User Data from NBSL and/or the service provider and the same shall be acted upon. However, NBSL and/or the service provider shall be entitled to retain User Data to the extent permitted or required to be retained under applicable laws. In so far as the Partner is concerned, any request by You for deletion of any part of User Data will be subject to such Partner’s privacy policy and to the extent the Partner is required under applicable laws to retain User Data, the Partner reserves the right to not act upon any request for deletion made by you;
  3. The User acknowledges that in the event where he/she revokes/withdraws their consent to collect, store, use, process or share any information that is in the nature of User Data to NBSL and/or a Partner and/or any third party, they shall intimate NBSL and the Partner in writing at bhim.support@npci.org.in, immediately cease the use of the loan or credit facility, and make payments of all outstanding dues in relation to the loan or credit facility availed by them from the Partner. In such cases, NBSL and/or the Partner will not be able to continue providing the loan or credit facility to them.
  4. By choosing to avail NBSL Services, You agree to the following:
  1. You will not engage in any activities in relation to NBSL Services that are contrary to any applicable law, regulation or any terms of NBSL Services. You will not solicit others to perform or participate in any unlawful acts in relation to NBSL Services.
  2. You agree not to create multiple accounts, or fraud or fake accounts, with false information or false identity or use BHIM App for any unlawful or immoral purpose.
  3. You will not provide information belonging to any person other than Yourself. You will not use or attempt to access any account that belongs to another person for Yourself or on behalf of another person. You will not impersonate another person.
  4. You will not attempt to collect or track the Personal Information of others.
  5. You will not use any device, software, file or other tools or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with NBSL Services, to surreptitiously intercept or expropriate any system, data or Personal Information from NBSL Services, or to affect the functionality or operation of BHIM App or any related website. You will not commit any unauthorized use of BHIM App and systems including but not limited to unauthorized entry into NBSL’s systems, misuse of passwords, misuse of any information posted to a site, or interfere with or circumvent the security features of BHIM App or any related website.
  6. You will not breach these terms or any other terms or policy that You have agreed to with NBSL.
  7. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your posting of content on BHIM App.

9. THIRD PARTY SITES:

The User may be redirected to the Partner’s, Partner’s service providers’ website(s) including any further redirection to other websites (“Third Party Sites”) for the purpose of completing the loan application journey, verification purposes or payment processing in relation to the loan(s). The User acknowledges and agrees that NBSL has no control over such Third Party Sites. Your use of such Third Party Sites and any information provided by You on such Third Party Sites will be governed by the terms of such Third Party Sites, including in relation to confidentiality, data privacy and security. NBSL shall not be liable for any loss, damage or any other consequence resulting directly or indirectly from or relating to Your access to such Third Party Sites.

10. LOAN TERMS DISCLOSURES:

The Partner shall provide a digitally verifiable KFS containing details of loan terms, charges, and conditions prior to execution of the loan agreement. Similarly, all applicable charges including Annual Percentage Rate (“APR”), processing fees, penalties etc. will be disclosed upfront by the Partner prior to acceptance by the Borrower. The Partner shall disclose all such applicable charges in relation to the loan in a clear and transparent manner prior to acceptance of the loan and such details shall be provided through the KFS and/or loan agreement. The User is advised to carefully review the KFS before proceeding with the loan. The User agrees that acceptance of the KFS constitutes acknowledgment of having understood the key terms of the loan. The User acknowledges that the KFS shall include:

  1. loan amount and disbursement details;
  2. tenure and repayment schedule;
  3. interest rate and APR;
  4. processing fees and other upfront charges;
  5. penalties and default interest and late payment charges;
  6. details of cooling-off period;
  7. grievance redressal mechanism;
  8. foreclosure or prepayment charges, if applicable; and
  9. any other applicable fees.

11. CREDIT INFORMATION, DISBURSEMENT, MANDATE SETUP & REPAYMENT:

  1. You agree and understand that the Partner may pull Your Credit Information from CICs or from other sources for the purpose of assessing Your credit worthiness. The Partner may use, collect, verify and process the Credit Information received from CICs or from other sources for the purpose of the credit checks and processing of loan application.
  2. The sanction or approval of the loan is subject to completion of KYC procedure, credit analysis, acceptance of loan agreement, execution of any other documents, verification of bank account, setting up of e-NACH/e-mandate/UPI mandate or any other method for repayment and/or payment of fees/charges. On completion of entire loan application process including the aforesaid steps, the loan disbursal shall be made directly by the Partner to the Borrower’s bank account, in compliance with RBI Digital Lending Guidelines. It is clarified that NBSL does not hold, handle or intermediate the fund flow at any stage. You also agree and understand that NBSL will not accept or collect any amount in its own account and/or escrow/nodal accounts on Your or the Partner’s behalf.
  3. You agree to submit an e-NACH/e-Mandate/UPI mandate (or any other method as directed by the Partner) in favour of the Partner for the repayment of loan amount and other payments. Any activation failure/dishonour/revocation of the e-NACH/e-Mandate/UPI mandate may attract applicable charges. You shall maintain adequate balance in the relevant bank account for realization of the amount on the due date. The e-NACH/e-Mandate/UPI mandate registration may be done on Your bank account registered with BHIM App. In terms of UPI mandates, repayment amounts of only up to INR 15,000/- are supported without additional factor of authentication. If Your repayment transactions exceed INR 15,000/- (including any penalties, late payment charges etc.), it may be processed using the e-Mandate or may be split in two or more transactions to keep the maximum limit of each transaction below/equal to INR 15000/-. Further, for the purpose of verifying Your bank account, You consent for the Partner and/or its service provider(s) to credit/debit INR 02 (two) or such other minimum amount as may be required by the Partner. You understand and undertake the obligation to maintain repayment arrangements and/or notify the Partner in advance in case of any change of the bank account till any amount is outstanding under the loan provided by such Partner.
  4. You agree and understand that it is solely Your obligation to make payment of the loan amount and any other outstanding amount under the loan agreement to the Partner. In case of non-payment on the respective due date(s), the Partner may charge default interest, additional fees or penalty as per the loan agreement or other terms accepted by You. You understand that You may be provided with multiple payment options to repay/prepay the loan amount directly to the Partner as per the terms of the loan agreement or other terms accepted by You or as made available by the Partner. The details for making such payments may be displayed on BHIM App. It is also clarified that NBSL does not owe any repayment obligation on Your behalf and is not guaranteeing any repayment of loan amount on Your behalf to the Partner.
  5. The repayment amount and frequency of repayment shall be pre-decided based on the options chosen by You at the time of availing the loan and shall be in accordance with terms and conditions of loan agreements entered between You and the Partner. The repayment of loan amount shall be in the form of equated monthly instalments (“EMI”) as mentioned in the loan agreement/KFS/terms and conditions of the Partner and You shall continue to be indebted to the Partner until such time all amounts due and payable have been discharged in full to Partner’s satisfaction. The amount of EMI in relation to credit facility/loans availed by You may be displayed on BHIM App on the basis of information received by NBSL from the Partner.
  6. If You pay Your due loan amounts through any external channel i.e. outside of BHIM App such as BBPOU or direct branch visits, automatic mandate debits may still occur based on the predetermined timelines. As such in case of any instance of double debits, You shall check with the Partner to resolve the issue and the Partner based on its independent assessment may refund the excess amount to You as per the terms agreed between You and the Partner.
  7. You authorise NBSL to directly or through its service providers send You notifications, alerts and/or communications on BHIM App or through any other communication medium to show the details of the amount pending for payment to the Partner, the total amount that can be paid to the Partner on a particular date and/or to nudge You to make payment to the Partner.

12. RECOVERY PRACTICES:

  1. The Partners shall ensure that all recovery and collection activities are undertaken in compliance with applicable laws, RBI guidelines, and the Fair Practices Code.
  2. Without prejudice to the above:
  1. no harassment, coercion, or undue pressure shall be exerted on the Borrower;
  2. recovery communications shall be made only during reasonable hours and through approved channels;
  3. the Borrower’s privacy and dignity shall be respected at all times;
  4. all recovery agents, if engaged, shall be properly authorised and trained; and
  5. recovery agents shall identify themselves and provide evidence of authorization when requested by the Borrower.
  1. The Borrower shall have the right to raise grievances in respect of any recovery-related conduct.
  2. You agree and understand that NBSL may facilitate the collection process for any overdue amount as a facilitator of the Partner and You hereby provide Your consent to NBSL to contact You through phone, IVR, call, SMS, email, WhatsApp, physical visit, and/or via Your account on BHIM App for the said purpose. NBSL may carry out this activity either through its employees, representative, officers, agents, service providers or affiliates. NBSL shall perform its obligation strictly as per the applicable laws, instructions of its Partners and adhere to the RBI guidelines and prescribed code of conduct.
  3. You agree and understand that in case of default of payment of the loan outstanding amount or breach of any terms and condition of the loan agreement and/or any other document, the Partner may, at its sole discretion, initiate appropriate legal/recovery proceedings or take any other action against You as per applicable law and/or as per the terms of the loan agreement. You agree that NBSL shall not be liable for any such action initiated by the Partner.

13. COOLING OFF PERIOD

Wherever prescribed by applicable regulations, specified in the KFS issued by the Partner and/or the loan agreements, the Borrower shall be provided with a cooling-off / look-up period in respect of the loan facility. No prepayment penalties, foreclosure charges, or additional fees shall be levied if the loan is prepaid during the cooling-off period. The process, timelines, and mode of exercising the cooling-off option shall be clearly disclosed to the Borrower in the KFS and/or loan agreement and may also be facilitated through BHIM App, based on the arrangement between NBSL and the Partner. During such cooling-off period, the Borrower shall have the option to exit the loan by repaying:

  1. the principal amount disbursed; and
  2. the proportionate APR for the period for which the loan was utilised.

14. GRIEVANCE REDRESSAL PROCEDURE:

  1. Primary responsibility for loan-related grievances lies with the Partner. However, NBSL strives to offer the best possible experience to its Users and constantly endeavours to provide a robust and focused resolution for customer grievances. The User may reach out to NBSL for any complaints/queries/issues in relation to the loan as set out below. NBSL shall endeavour to resolve any such complaints/queries/issues in coordination with the Partner. The User further understands and agrees that in certain cases, NBSL may have to direct the User to the Partner for resolution of the complaints/queries/issues. Please refer to the below table for NBSL’s grievance redressal mechanism.
Level Complaints Registration Resolution of Complaints
Level – 1 You can register Your complaint with NBSL Customer Support by clicking on the Help & Support icon on the home page. We offer customer support service 24 hours a day and 7 days a week. We are committed to providing You with Our first response within 24 hours of receiving the complaint. We aim to resolve Your complaint/query within 3 business days. Resolution of Your complaint may get delayed due to operational or technical reasons. In such scenario, You will be informed of the timelines during which Your complaint will be addressed. In certain scenarios, while the resolution to a complaint is instant, it may take time for it to get reflected in the system. Complaints related to fraud and risk assessment may take longer to investigate due to the involvement of multiple agencies. The resolution time in such cases is dependent on the severity and complexity of the case. You shall be informed of the timelines in such cases.
Level – 2 You can access the following channel to escalate Your complaint. We offer support from morning 8 am to 10:30 pm. Please contact support at https://www.bhimupi.org.in/get-in-touch.. We are committed to providing a first response within 24 hours of receiving the complaint. We aim to resolve all Level 2 complaints within 5 days. Any delay in the resolution time shall be proactively communicated to You.
Level – 3 In accordance with the Digital Lending Guidelines issued by the RBI, the name and contact details of the Nodal Grievance Redressal Officer are provided below:
Name: Anoop Parwani
Phone: 040 65196004
Complaint webpage: https://www.bhimupi.org.in/get-in-touch
Address: 27th Floor, NBSL Office, Oberoi Commerz III, International Business Park, Goregaon East, Mumbai, Maharashtra – 400063
Working hours: 10 AM to 7 PM
We are committed to providing a first response within 24 hours of receiving the complaint. We aim to resolve all Level 3 complaints within 7 business days, post receiving the relevant information including the previous ticket reference. Any delay in the resolution time shall be proactively communicated to You.
  1. If the User’s grievance is not resolved satisfactorily within the timelines prescribed above, the User may escalate the complaint to the grievance redressal mechanism of the Partner as per details mentioned in the loan agreement or other terms accepted by the User.
  2. In case the User is not satisfied with the resolution provided by the Partner, the User may approach the RBI through the Complaint Management System (CMS) available at https://cms.rbi.org.in or such other mechanism as may be prescribed by the RBI from time to time. Nothing contained herein shall restrict the User’s right to seek remedies under applicable laws.

15. ASSIGNMENT BY PARTNER:

The User acknowledges and agrees that the Partner may assign, transfer, or securitise the loan or any rights, obligations, or receivables arising therefrom to any third party in accordance with applicable laws and regulations. In the event of such assignment, the Borrower shall continue to be bound by the terms of the loan agreement and shall make payments to the assignee as may be notified by the Partner. NBSL shall have no role in such assignment and shall not be responsible for any acts or omissions of the assignee.

16. CONSENT FOR COMMUNICATIONS AND COMPLIANCE WITH TRAI REGULATIONS:

  1. The User expressly consents to receiving communications from NBSL and its Partners, through channels such as phone calls, IVRs, SMS, WhatsApp, email, or other electronic means, for the purposes of:
  1. facilitating and servicing the loan application and loan account;
  2. providing transactional updates, alerts, and reminders; and
  3. sending marketing or promotional communications relating to financial products or other services.
  1. The User acknowledges that such communications shall be made in accordance with applicable laws and regulatory requirements, including the Telecom Regulatory Authority of India (TRAI) regulations on unsolicited commercial communications. Where the User has registered preferences under the National Do Not Disturb (DND) Registry or similar frameworks, NBSL and its Partners shall ensure that:
  1. communications are sent only in compliance with such preferences and applicable regulations; and
  2. promotional communications are sent only upon valid consent and in adherence to applicable consent and opt-out requirements.
  1. The User shall have the option to withdraw consent for receiving promotional communications at any time through the opt-out mechanisms provided in such communications or by contacting NBSL through the prescribed channels. Withdrawal of consent for promotional communications shall not affect communications that are necessary for servicing existing products or fulfilling legal or regulatory obligations.

17. FRAUD, UNAUTHORIZED TRANSACTIONS AND MISUSE

  1. The User shall immediately notify NBSL and/or the Partner upon becoming aware of any unauthorized access, fraudulent activity, misuse of account, or suspicious transaction in connection with the loan application or repayment. The User agrees to cooperate with NBSL, the Partner, and any regulatory or law enforcement authority in the investigation of such incidents. The User acknowledges that:
  1. NBSL acts solely as a facilitator and shall not be responsible for fraudulent acts attributable to third parties;
  2. any investigation, resolution, and remediation in respect of unauthorized transactions shall be undertaken by Partner in accordance with applicable laws and its internal policies.
  1. The User agrees that:
  1. the User shall be responsible for safeguarding login credentials, OTPs, and other authentication mechanisms;
  2. any loss arising due to sharing of such credentials or failure to exercise reasonable care shall be attributable to the User;
  3. NBSL shall be liable only to the extent that any loss is directly caused by its fraud, gross negligence, or wilful misconduct; and
  4. any loss attributable to the Partner shall be addressed in accordance with the Partner’s policies and applicable laws.
  1. Nothing contained herein shall limit the rights available to the User under applicable laws.

18. NBSL SERVICE AVAILABILITY:

  1. NBSL is providing these facilitation services to the User on a best effort basis and shall not be liable to the User for any delay or non-availability of NBSL Service. While NBSL endeavours to ensure uninterrupted availability of BHIM App, the User acknowledges that access to the platform may be affected by factors beyond NBSL’s control, including but not limited to technical malfunctions, scheduled maintenance, network issues, or force majeure events. The User also acknowledges that NBSL Services may not be free of any errors or defects.
  2. The User agrees that NBSL shall not be liable for:
  1. any downtimes, system issues, network/bank issues etc. that may impact NBSL Services or BHIM App;
  2. delays in processing loan applications or repayments due to system outages or third party service failures;
  3. any loss arising from inability to access BHIM App temporarily.

19. DATA BREACH:

  1. In the event of any data breach or security incident involving the User’s Personal Information that is required to be notified under applicable laws or regulatory requirements, NBSL shall take appropriate steps to:
  1. promptly assess and mitigate the impact of such breach;
  2. notify the affected Users, where required, within such timelines as prescribed under applicable laws; and
  3. comply with all reporting and disclosure obligations to regulatory authorities.
  1. The User acknowledges that NBSL shall not be liable for breaches attributable to third party systems beyond its control, except to the extent required under applicable law or due to NBSL’s own fault.

20. NBSL’S FEES:

NBSL may receive fees or commission from the Partner for facilitating loan services. Borrowers/Users shall not be charged any fees by NBSL for provision of NBSL Services under these T&Cs.

21. TERMINATION

  1. You agree that NBSL at its sole discretion may modify/terminate/suspend/cancel NBSL Services provided herein without prior notice. You further irrevocably and unconditionally agree and confirm that the termination of NBSL Services shall not affect the respective rights and liabilities of NBSL and the User (as the case may be) accrued prior to the effective date of such termination and all the provisions of these T&Cs shall continue in full force and effect till such time as the loan amount is repaid by the Borrower, to the Partner’s satisfaction.
  2. The clauses related to Intellectual Property, Indemnity and Limitation of Liability shall survive any termination of these T&Cs.

22. INTELLECTUAL PROPERTY

  1. The right, title and interest of all intellectual property including but not limited to trademarks, logos and service marks belonging to NBSL shall remain with NBSL. The Users shall not use such intellectual property in any manner without the prior written consent of NBSL.
  2. All material on BHIM App is protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of NBSL, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is prohibited and shall be treated as violation of the copyrights, trademarks and other proprietary rights of NBSL.

23. INDEMNITY & LIMITATION OF LIABILITY

  1. You shall indemnify and hold NBSL and its officers, directors, agents, affiliates, employees harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to Your breach of these T&Cs, Your violation of any law or the rights of a third party, or Your use of BHIM App.
  2. You agree and understand that NBSL has a limited role in the entire process, and it is only acting as a facilitator between You and the Partner. You agree and understand that in case of any issue with the loan or service of the Partner (or any person other than NBSL), Your rights will be governed as per the applicable laws and the loan documents executed/accepted by You. You further agree and undertake not to make NBSL a party to any dispute and/or make any claim against NBSL unless the dispute or claim directly relates to the acts or omissions of NBSL in relation to the NBSL Services provided under these T&Cs. You agree and understand that in case of any issue with the service of NBSL, Your rights will be governed as per the applicable laws and these T&Cs and/or other terms and conditions/agreements entered between You and NBSL.
  3. Without prejudice to the generality of the clause above and except for fraud, gross negligence, or wilful misconduct, in no event shall NBSL and/or its affiliates, directors & officers, employees and agents be liable for any direct, indirect, consequential, incidental, special or punitive damages, including, but not limited to, damages for loss of profits or revenues, goodwill, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to avail NBSL Services and/or loan.

24. DISPUTES, GOVERNING LAW AND JURISDICTION

  1. You hereby irrevocably and unconditionally agree and confirm that if any dispute(s) or difference(s) shall arise between You and the Partner, in connection with or arising out of or relating to loan documents, the same shall be settled in accordance with the dispute resolution clause as specified in loan documents executed between You and Partner, without making NBSL party to such disputes.
  2. These T&Cs and the relations of the parties shall be governed by and construed in accordance with the laws of India and both the parties hereby submit to the exclusive jurisdiction of the courts in Mumbai, Maharashtra to try and adjudicate all matters arising in connection with Your use of NBSL Services or other matters covered herein.

25. REGULATORY DISCLOSURE AND AUDIT

  1. The User acknowledges and consents that NBSL and/or the Partners may disclose and share information relating to the User, loan transactions, and related data with regulators, statutory authorities, auditors, or other entities as required under applicable laws, including directions issued by the RBI.
  2. The User further agrees that such information may be accessed, reviewed, or audited by authorized personnel for the purpose of regulatory compliance, supervision, inspection, or grievance redressal.

26. SEVERABILITY:

In the event that any provision of these T&Cs is deemed by any court having jurisdiction to be illegal, invalid or unenforceable, it shall in no way affect or prejudice the legality, validity or enforceability of any other provision of these T&Cs. If any provision of these T&Cs is deemed by such court to be unenforceable because such provision is too broad in scope, such provision shall be construed to be limited in scope to the extent so as to make it enforceable.

27. WAIVER:

The failure of NBSL to enforce any provision hereof shall not be construed as a waiver of such provision and shall in no way affect the right of NBSL thereafter to enforce such provision.

28. FORCE MAJEURE:

No Party shall be liable for any failure or delay in performance of any obligation, under this Agreement to the extent such failure or delay is due to a force majeure Event which materially and adversely affects the Party’s ability to perform its obligations under this Agreement. The force majeure event shall inter-alia include, wars, rebellions, riots, strikes, pandemic, lockouts, floods, earthquakes, etc. The Party having any such cause shall promptly notify the other Party forthwith in writing of the nature of such cause and the expected delay and the steps taken to remedy it. During the continuance of such events, the affected party shall be excused from performance to the extent affected, provided that reasonable efforts are made to resume performance as soon as practicable.

29. LIST OF PARTNERS

Please refer to the list of Partners at __________________.