Terms & Conditions

Updated as on 26-January-2022

These terms of use (“Terms and Conditions”) mandate the terms on which the users (“You” or “Your” or “User”) access and register on the website www.ncash.ai and/or mobile application ‘Ncash’, “Gubair ONE” referred to as, “the Platform” owned and operated by Figital Technologies Pvt Ltd shall also allow its associates, group and subsidiary companies, together referred to as “Company” or “We” or “Us” to use the Platform as per the requirements.

Please read the Terms of Use and Privacy Policy carefully before registering on the Platform or accessing any material, information through the Platform. The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Accordingly, please continue to review the Terms whenever accessing or using the Platform. Your use of the Platform as defined above, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified. Your use of the Platform on continuous basis shall signify Your confirmation to the changes and the agreement to be legally bound by the same.

Platform Services

The company Figital Technologies Pvt Ltd or Ncash or GubairONE who shall be together referred to as “Company” or “We” or “Us” as mentioned above to use the Platform to offer their products and services to You, under applicable terms and conditions specified on Our Platform.

You acknowledge that the Platform allows You to avail the services directly from the Company and/or its group entities and affiliates including their products and services and facilitate communication with them for such services, and other related information. The Company hereby grants You, a limited, non-exclusive, non-transferable, royalty-free license to use the Platform for the purposes of availing the services from the Company and its group entities and affiliates, collectively hereinafter referred to as Platform Services.

Ncash’s Services

Use of the Platform for facilitating subscription and redemption of mutual fund units and NPS-National Pension Scheme units by transmitting money and instructions to the relevant asset management company (“AMCs”) and Point of Presence (POP’s for NPS), as per Your instructions and to maintain a record of Your personal information and financial transactions in a secure and confidential manner. However, Figital may share Your KYC and other related data with its group, affiliates and subsidiary companies; and promptly and efficiently respond to your queries relating to Your Account.

Figital Technologies is a AMFI registered mutual fund distributor and Retirement Advisor registered under PFRDA, It is hereby clarified that the Company is not rendering the services of mutual fund or NPS, and it is merely providing a platform to its users, to facilitate the transaction of investment in mutual funds and NPS. If You buy a regular mutual fund on the Platform or NPS, Figital receives commissions from AMCs and POP’s, details of which have been provided on the Platform and the default mutual funds available on the Platform are regular mutual funds, whether or not Figital receives any commissions. Please note that Figital only facilitates the sale of regular mutual funds and NPS through the Platform and will not be liable in any manner with respect to the mutual fund units allotted to You by the AMC or by POP.

Figital does not, and is not obliged to, offer all mutual fund or NPS schemes for investment or as the case may be, or all kind of investment advisory services. By limiting the number of schemes on the Platform, neither the Company nor Figital makes any representation as to the quality, bona fides or nature of any AMC or mutual fund scheme, or POP or any other representation, warranty or guaranty, express or implied in respect of such mutual fund schemes. You hereby agree and acknowledge that the data and information provided on the Platform does not constitute advice by Figital of any nature whatsoever, and all the investments made in Your account will be merely at Your discretion and shall not be relied upon by You while making investment decisions in mutual funds and You shall be solely responsible for any investment decisions and for the purchase of any mutual funds or NPS on the Platform. In no event shall the Company and/or Figital and/or any of its Affiliates, group, associate and subsidiary companies be held liable by You for any loss or damage that may cause or arise from or in relation to these Terms of Use and/or due to use of this Platform or due to investments made using this Platform.

As part of the Platform Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required by the Company, Figital.

In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the customer service of the Company and/or Figital, as may be applicable, prior to pursuing any other recourse. The complaints can be In case of any dissatisfaction with the Platform Services, you shall first file a formal complaint with the customer service of the Company and/or Figital, as may be applicable, prior to pursuing any other recourse. The complaints can be lodged at support@ncash.ai or grievance@ncash.ai and upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You along with necessary documents, emails, screenshots as available with You forming part of the said complaint. The decision of the Company and/ or Figital, as may be applicable, on the complaints shall be final and You agree to be bound by the same.

Use of the Platform

Subject to compliance with the Terms of Use, the Company hereby grants You a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.

You agree that You shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, alter, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Platform, except that You may download the Platform for Your own personal, internal use and non commercial use. You agree that You will not use the Platform in any manner or engage in any activity that may damage, disable or impair or adversely affect the use of the Platform or interfere with any other users’ use, legal rights, or enjoyment of the Platform. Further, you agree not to remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform. Further, you undertake not to:

• Defame, abuse, harass, threaten or otherwise violate the legal rights of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• Copy, republish, post, display, translate, transmit, reproduce or distribute any content on the Platform through any medium without obtaining the necessary authorization from the Company;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
• Engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
• Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of the Company’s server, or through the Platform, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
• Collect or store data about other Users in connection with the prohibited conduct and activities;
• Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
• Use the Platform or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
• Violate the Terms of Use contained herein or elsewhere; and reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
• Shall not use Company’s and/or its affiliates, group and subsidiary companies’ registration details, and/or any certificates and/or any general details thereby inducing public at large to conduct business, trading activities with You. Additionally, You shall ensure that You shall not undertake any selling/advisory activities, or carry out any transactions and/or mis-sell the products/services offered by the User in the secondary market under the name and title of the Company, its associates, affiliates group and subsidiary companies.

Intellectual Property Rights

The Platform and all information, content, materials, products including, but not limited to text, content, photographs, graphics, texts, video and audio content and computer code (“Content”) on the Platform is owned and controlled by the Company and the design, structure, selection and feel and arrangement of the Content is protected by copyright, patent and trademark laws and other various intellectual property rights either in the favour of the Company, or third parties from whom the appropriate permissions have been taken under applicable laws. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the express prior written consent of the Company or the third party that owns the Marks.

Further, You understand and accept that all information, except Your personal information and other data submitted by You for the purposes of transacting on the Platform, through the Platform shall be deemed the property of the Company, and the Company shall be free to use any ideas, concepts, know-how or techniques provided by You on the Platform, in any manner whatsoever. On initiating a contact or query through the Platform, you agree to be contacted by the Company or Figital or any other entities with whom the Company has entered into an arrangement for the provisions of Services to You.

Disclaimer of Warranties, Indemnification and Limitation of Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or Platform Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from the Company and/or our group entities or affiliates shall create any warr anty not expressly stated in the Terms of Use.

The Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content. Further, the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or the Platform Services either with or without your knowledge.

The Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Platform Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

You acknowledge that the software and hardware underlying the Platform as well as other internet related software which are required for accessing the Platform are the legal property of the respective vendors. The permission given by the Company to access the Platform will not convey any proprietary or ownership rights in the above software/hardware to You.

Please note that not all the Platform Services are available in all geographical areas and depending on Your location, You may not be eligible to avail certain Platform Services . The Company and /or its group entities and affiliates reserve the absolute right to determine the availability and eligibility for any of the Platform Service offered on the Platform.

The Company is not responsible for the availability of content or other services on third party sites linked from the Platform and the Company urges You to read the terms of use of the respective third party sites, before accessing or registering with any of such third party sites. Further, the Company does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites. the foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

The Company shall not be liable for failure or error of any transaction on the Platform or for any failure on part of the Company to perform any of its obligations under these Terms of Use if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations under these Terms of Use shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event due to any cause beyond the reasonable control of the affected party, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

Further, You will not dispute or hold the Company responsible for:

• Any act that is not an obligation of Company under the Terms of Use;
• Any disclosures made by the Company or its group entities/affiliates to any statutory body under any law;
• Any loss, notional or otherwise, incurred by You due to delays either at the bank, BSE Star mutual fund, registrar and transfer agency and/or the AMC and/or due to any technical issues faced by You on the trading Platform;
• Rejection of Your instructions by the bank, BSE Star MF, registrar and transfer agency and/or AMC; and
• Any NAV related issue, loss etc where orders are placed by you after the cut off time prescribed by Figital which is specified on the website www.ncash.ai
• Queries/complaints with respect to deduction of amount by Figital prior to the SIP date.
• Squaring off your trades/positions as per its Risk Policy for factors including but not limited to volatility, margin, outstanding debts, circuit limits (irrespective of margin availability), liquidity etc and you shall be solely liable for the consequences arising thereto
• Loss on account of auto square off of your trades/positions by Figital after the cut off time which is specified on the website.
• Limits/restrictions placed on trading as per its Risk policy and/or Surveillance policy
• Processing of instructions authenticated by Your login credentials, non-availability or non accessibility of the Platform, telephone(s), or office(s) of Company and its group entities/affiliates in case of circumstances beyond their control.

You agree to indemnify the Company and/ its group entities and affiliates, its directors and employees from any losses, damages, penalties, claims, costs and demands (including reasonable attorney fees and legal costs) arising out of Your breach or non-performance and/or non-observance of the duties and obligations, representations, warranties and covenants under the Terms of Use or due to your acts or omissions. You further agree to hold the Company and/or its group entities and affiliates harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights. In no event shall the Company and/ or its group entities and affiliates and their officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. The limitations and exclusions in the Terms of Use apply to the maximum extent permitted by applicable laws.

You warrant that all the details and information provided by You to the Company and/or our group entities/affiliates while using this Platform (including for the purposes of carrying out investments) are correct, accurate and genuine. You further warrant that providing such details and information on the Platform or sharing of the aforesaid details/information shall not violate any third – party rights or the intellectual property right of any third party.

You hereby further acknowledge and agree that You may create a pool or selection of mutual funds (“Portfolio”) either for the purposes of subscription or otherwise (including for the purposes of Your own analysis). While creating such a Portfolio, You will be given an option to make the Portfolio created by You to be made visible to other users on the Platform. If You opt for the Portfolio to be made visible to third parties, You hereby acknowledge and agree that the Portfolio can be copied or used by the Company and/or Figital or the other users of this Platform for the purposes of investment. Please note that in such cases, You shall not claim any royalty or other financial/monetary benefits or compensation from the Company and/or Figital or any of the other users of this Platform for the use of Your Portfolio.

Notwithstanding whether You opt to make Your Portfolio public or not, You hereby specifically acknowledge and agree that You shall not have any proprietary right or intellectual property right over the choice, selection, idea or concept of pool of mutual funds in that Portfolio; and the Company and/or Figital shall have the right to adopt or copy the Portfolio for its commercial and non commercial use. Further, You shall be solely responsible for any investment decision taken by it on the basis of the Portfolio created using this Platform or the system generated analysis of such a Portfolio; and the Company and/or Figital shall not be liable for any loss or damage caused to You or any other users of this Platform due to such an investment decision, or any kind of reliance upon it. The Company specifically and expressly disclaims the accuracy and correctness of the analysis or data generated or reflected while creating such a Portfolio.

Eligibility to Use: By accepting the Terms of Use, You hereby represent that:

You are of 18 (eighteen) years of age or older and in case of You are acting as guardian on behalf of a minor, You have the necessary authority to register/sign up on the Platform for the availing the Services on behalf of the minor;

You are of legal age to form a binding contract, are not a person barred from receiving the Platform Services under the applicable laws and are competent to enter into a binding contract. The Company reserves the right to refuse access to the Platform to new Users and any such user who has been suspended, disqualified, debarred and/or removed by the Company for any regulatory and/or statutory authority reason whatsoever shall not been entitled to avail the Platform Services; and

You agree to abide by the Terms of Use, offer documents, investor application form, demat account opening form and Risk Disclosure documents and any other information provided by You on and through the Platform for the provision of the Platform Services; the money You invest is from Your bank account (primary holder’s bank account in case of Investment Account held jointly), and the same is from legitimate sources and remitted through approved banking channels;
You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform;

You agree to make an informed independent investment decision by reading the offer documents of the mutual fund schemes that You are investing in; and before investing, You shall seek independent financial planning, legal, accounting, tax or other professional advice, if required.

You shall be solely responsible for all the investment decisions executed by You on the Platform in Your portfolio and the Company shall nowhere be responsible for any loss or harm incurred by You due to the investment activities carried out in Your portfolio.

User Account, Password and Security

In order to access the Platform Services on the Platform and Your account on the Platform (“Account”), You will have to register on the Platform by providing details including but not limited to mobile number, mother’s name, father’s name, email address, password, date of birth, gender, Permanent Account Number (PAN), signature, marital status, nominee details, cancelled cheque, photograph and video recording, etc. and other information as may be required by the Company from time to time. Your Account will be activated once Figital, undertakes Your KYC verification on the Platform in accordance with the Know Your Client (“KYC”) guidelines and/or circulars and/or communications issued by the Securities and Exchange Board of India (“SEBI”), respective Exchanges (National Stock Exchange of India Limited and BSE Ltd.), Depositories (Central Depository Services Limited and National Securities Depository Limited) from time to time based on the information provided by You including personal information.

We may also ask You for certain financial information, including Your billing address, bank account details, credit card number, expiration date, CVV number and/or other payment related details or other payment method data, and debit instructions or other standing instructions to process payments for the Platform Services. The Company may ask You to provide certain additional information about Yourself on a case-to-case basis. You shall ensure and confirm that the Account information provided by You is complete, accurate and up to date. If there is any change in the Account information, you shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account and agree to always keep your login credentials safe and confidential. You further agree to promptly change your login credentials and inform the Company immediately in case of any actual or suspected unauthorized use of Your Account. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

Violation of the Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company and/ or its group entities and affiliates, as the case may be, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against You because of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Suspension and Termination

The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform. In case you violate these Terms of Use and/ or any applicable law, the Company may, at any time and in its sole discretion, terminate Your Account and/or prevent You from accessing the Platform and/or Platform Services. The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use including but not limited to, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability will survive indefinitely unless and until the Company chooses to terminate them. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your and the Company shall have no liability to You or any third party for doing so. However, Your transactions details may be preserved by the Company for purposes of tax or regulatory compliance. The Company, in consultation with its group, associates and subsidiary companies may modify these terms at any time.

Refund Policy

The transactions on the Platform with respect to the Platform Services for stock broking and mutual fund units will be completed only after successful transfer of money from Your registered bank account to the relevant AMC. Please note that the mutual fund will be credited to Your Account within 2 (two) working days, or as stipulated by Regulatory bodies from time to time, from the date of successful transfer of such amount. You hereby agree and acknowledge that the transactions on the Platform once completed cannot be cancelled by You. With respect to investments in mutual funds, in case of successful transfer of money from Your account registered with the AMC, however, any failure to reflect the mutual fund in the Account, the money would be refunded to Your registered bank account within the relevant time period agreed with the AMC and Figital shall not be responsible for the same.

Governing laws

The Terms of Use shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles. All disputes arising in relation to shall be subject to the exclusive jurisdiction of court at Chennai. We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary.

SEBI Caution

Investment in the securities market (including mutual fund investments) are subject to market risks, please read all investments, offer and scheme-related documents carefully, before investing. For the purposes of these Terms of Use, the term “Offer Document(s)” shall refer to a collective term for Offer Document, Scheme Information Document, Statement of Additional Information, Key Information Memorandum, issued by the Asset Management Company that manages the mutual fund.

Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@ncash.ai or grievance@Ncash.ai

Communications

You hereby expressly agree to receive communication (including transactional messages) or by way of SMS and/or E-mail or through WhatsApp from the Company or Figital or any third party in connection with the Platform Services or Your registration on the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by visiting support@ncash.ai

WhatsApp Groups

The Company reserves a right to create any Whats app groups (“Groups”) through its representatives (hereinafter referred to as “Group Admin”) who are expressly authorized to control, monitor and administer the Groups on its behalf. The usage, membership, and participation in the Group are subject to the following terms and conditions:

You shall not:

• Use the Groups for circulating, uploading, transmitting, or otherwise making available any information, data or content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially, or ethnically offensive, or otherwise objectionable.
• Stalk, harass, threaten or harm another user using the Groups.
• Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential or personal information in violation of a confidentiality, employment, or nondisclosure agreement and/or privacy norm to which you are subject to;
• Post, send, transmit or otherwise make available any unsolicited or unauthorized e-mail messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising, and informational announcements.
• Upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
• Interfere with or disrupt the Group services.
• Plan or engage in any illegal activity using the Groups.
• Circulate or post any jokes and poems;
• Circulate or post any religious or politically oriented views or comments; and
• Pretend to be anyone, or any entity, You are not i.e. You may not impersonate or misrepresent yourself as another person (including celebrities), entity, another participant of the Groups, an employee or official or representative of Figital;

The Group Admin reserves the right at all times to determine, in its sole discretion, whether the content posted on the Group is appropriate and in compliance with these Terms of Use. The Group Admin further reserves the rights to remove any participant/member from the Group if it finds You or any participant/member to have circulated/posted any content which is objectionable or improper for the Groups or its participants and/or deemed to have violated the Terms of Use or for any reason whatsoever. The participants shall not challenge or question such removal by the Group Admin or declaration of any content as inappropriate or not compliant with the Terms of Use. The participant hereby agrees and acknowledges that any of such actions by the Groups Admin shall not be construed as defamatory by the participant or You. This Group shall be used only for communication and group chat in relation to financial investments, and financial products.

The views or comments posted herein by any participant (including any recommendation for investment and/or disinvestment in any financial products including mutual funds) shall be the views and comments of that participant only and shall not be construed to be the views or comments of the Group Admin and/or the Company, or its group entities/affiliates or that such view/comments are endorsed by them.

The participant agrees and acknowledges that views/comments/suggestion by any other participants in the Groups shall be subject to verification by the participant reading/relying upon such views/comment/suggestion including view/comments/suggestion with respect to any financial product or class of financial products and financial market conditions. The participant agrees and acknowledges that the investments in mutual funds or any other financial products are subject to market risks (including possible loss of the principal amount invested), and the participant shall read all investment/scheme-related documents carefully, and make its own assessment before making any investment/disinvestment decision.

You agree to defend, indemnify and hold the Group Admin, the Company and/or its group entities, its affiliates, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by a third party or any other participant in the Groups, relating to or arising from: (a) any content You submit, post, transmit, or otherwise make available in and through the Groups; (b) Your use of the Groups; and/ or (c) any violation by You of the Terms of Use. This obligation shall survive the termination or expiration of these Terms of Use or termination of your usage of the Groups by You and due to Your removal by the Group Admin.

• You agree and acknowledge that Your personal information including your mobile number disclosed in the Groups may be used by the participants and/or the Groups Admin/the Company to communicate or establish contact with you or for any other purposes. You hereby further unconditionally consent that such communications via SMS/text messaging services and/ or voice call by any other participant, Group Admin/ Company is (a) upon the request and/or authorization by you, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ under applicable laws including under the guidelines issued by Telecom Regulation Authority of India (“TRAI”) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You shall indemnify the Group Admin and/or Company against all types of losses and damages incurred by it or its affiliates, group entities, directors, officers, employees, agents, partners and licensors due to any action taken by TRAI, access providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you or anyone on the Group Admin and/or Company or its affiliates, group entities, directors, officers, employees, agents, partners and licensors with respect to the intimations mentioned above or due to a wrong number or other contact details provided by you for any reason whatsoever.
• Posts – The Company may provide and display content on the Platform which features specific articles/write ups by third parties in relation to the mutual funds. You hereby agree and acknowledge that such content displayed on the Platform does not represent the views and/ or recommendations of the Company and You are required to read the documents carefully before investing in any mutual funds. You may also be allowed to post and comment on such content on the Platform and You hereby undertake to ensure that such comments shall not be offensive and will be in accordance with applicable laws. All material added, created, submitted, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms of Use.

General Provisions 

• Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to support@ncash.ai with subject line – Attention: TERMS OF USE. 
• Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third Party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.
• Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
• Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

IP Infringement – If You believe the Platform violates Your intellectual property, You must promptly notify the Company in writing at support@ncash.ai. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

• The intellectual property that You believe is being infringed;
• The item that You think is infringing and include sufficient information about where the material is located on the Platform; 
• A statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
• Your contact details, such as Your address, telephone number, and/or email;
• Astatement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and 
• Your physical or electronic signature. 

Ncash Terms of Use for Digital Gubair ONE Services 

• These terms and conditions (“T&Cs for Gubair ONE Services”) mandate the terms on which You (User) access and register on the Platform for availing the services in relation to GubairONE and allied products (including purchase and redemption thereof) (“Gubair ONE Products”) offered and provided by partnered third party GubairONE suppliers and vendors (“Gubair ONE Suppliers”) through the Platform (“Gubair ONE Services”).
• The T&Cs for GubairONE Services are in addition to the Terms and Conditions and Privacy Policy of the Platform that apply to You when You access and register on the Platform for availing the Platform Services. The Terms and Conditions and T&Cs for Gubair ONE Services shall be read harmoniously and in case of any conflict, the T&Cs for Gubair ONE Services shall prevail solely in relation to the Gubair ONE Services to the extent of conflict. All capitalised terms used herein however not defined, shall have the meaning ascribed to them under the Terms and Conditions and/or the Privacy Policy. All information collected by the Platform to provide the Gubair ONE Services will also be covered under the Privacy Policy.
• Please read the T&Cs for Gubair ONE Services carefully before registering on the Platform for such services, or accessing any material information in relation to the Gubair ONE Services through the Platform. By accessing and using our Gubair ONE Services You accept these T&C and agree to be legally bound by the same. 
• The Company hereby grants You, a limited, non-exclusive, non-transferable, revocable license to use the Platform for the purposes of availing the Gubair ONE Services from . The Gubair ONE Services would also include communication with the User for queries, enquiries, and other customer support. 
• Figital is acting as a facilitator for the Gubair ONE accumulation plan of various Gubair ONE Suppliers wherein the role of is limited to the extent of providing the Platform to Users and the Gubair ONE Products are being offered and provided by the respective Gubair ONE Suppliers to You. The Company, or any of its affiliates, do not sell, purchase, or accept the Gubair ONE Products on their own accord and do not own Gubair ONE Products of their own. Any purchase or sale of Gubair ONE Products is a bilateral transaction between the Gubair ONE Supplier and the User.
• The information in relation to Gubair ONE Products including the live rate of Gubair ONE Products is received from the respective Gubair ONE Supplier and is displayed on an “as is” basis on the Platform. The Company and/or are not in any manner responsible for the accuracy, completeness of such information and any difference in the rate of Gubair ONE Products provided on the Platform and that is made available by the Gubair ONE Supplier on the Gubair ONE Products at the time of purchase or redemption, as the case may be. The provision of the Gubair ONE Services through the Platform and display of such information received from the Gubair ONE Suppliers shall not in any manner constitute any recommendation, advice or opinion being given by the Company or any of its affiliates in relation to the Gubair ONE Suppliers, and/ or the Gubair ONE Products. 
• We shall share the information and documents received from You for the GubairONE Products with the respective Gubair ONE Supplier selected by You through secure channels. While we undertake measures to ensure that such transmission is error free, however, it does not guarantee that the transmissions of Your details will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by assumes no liability or responsibility for disclosure of Your information due to errors in transmission, unauthorized third-party access, or other causes beyond its reasonable control.
• You hereby agree and acknowledge: (i) to promptly provide all requested know-your customer (KYC) details (including identity proof, permanent account number (PAN) and  address proof) and any other information as may be requested by and/or the Gubair ONE Supplier for providing the Gubair ONE Services to You and undertaking the verification of the  KYC reserves a right to request for additional information or documents from the User while  providing the Gubair ONE Services. You understand, agree and give your consent to share all  such information and documents collected by with the Gubair ONE Supplier of Your choice  and You agree to provide complete, genuine, and accurate information and documents  to for availing the Gubair ONE Services and shall ensure that such information is not false,  misleading, or incorrect. Please note that all verification of documents provided by You for  the Gubair ONE Products is undertaken by the Gubair ONE Supplier. 
• Upon successful completion of account opening with the Gubair ONE Supplier of Your choice, You will be entitled to purchase, redeem and take delivery of Gubair ONE Products based on the terms and conditions of the respective Gubair ONE Supplier that is either communicated on the Platform to You or separately made available to You by the Gubair ONE Supplier.
• You understand that Gubair ONE Products are not exchange traded products and that is merely acting as a facilitator for such products through the Platform. All disputes with respect to this facilitation activity would not have access to any stock exchange in India (NSE/BSE) as an investor redressal forum or Arbitration mechanism. 
• You hereby represent and warrant that these T&Cs for GubairONE Services constitute a legal, valid, and binding obligation on You and that all orders to be placed and transactions to be conducted under these T&Cs are lawful.
• Please note that neither Figital nor any of its associates, group and subsidiary entities shall be held responsible and liable for delivery, quality, or merchantability of the Gubair ONE Products, including redemption thereof provided and sold to You by the respective Gubair ONE Suppliers and this is the responsibility of the Gubair ONE Supplier. is not responsible and liable for delivery of Gubair ONE Products purchased by You and it is the responsibility of the respective Gubair ONE Supplier.
• You understand that Gubair ONE Suppliers along with an independent trustee will be the custodian and responsible for the Gubair ONE Product’s custody. 
• You acknowledge and understand that investment in Gubair ONE Products is speculative, and may involve a degree of risk and loss and that You have considered Your financial objectives, obtained appropriate independent advice, if required prior to entering into these T&Cs for Gubair ONE Services and have formed the opinion that dealing in the Gubair ONE Products is suitable for Your needs and purposes.
• You acknowledge that You are solely responsible for all taxes, tariffs and duties that may be applicable as a result of purchase or redemption of Gubair ONE Products.
• The decision to accept or reject the purchase or redemption request for the Gubair ONE Product received from a User is that of the respective Gubair ONE Supplier. The Gubair ONE Supplier may decide, in its sole discretion, to reject a purchase or redemption request from a User, including in the event of (i) failure to satisfy KYC verification, as determined by the Gubair ONE Supplier; and/or (ii) payment made from an account which the User is not authorised to operate. The Company and/or will not be responsible or liable to the User or any third party, for any acts or omissions of the Gubair ONE Supplier including delay, rejection or cancellation of the purchase request for Gubair ONE Products, any loss of money or damage caused to You on account thereof, or failure of the Gubair ONE Supplier to refund the money collected from the User or any part thereof towards a rejected purchase request, breach of confidentiality or any applicable law by the Gubair ONE Supplier, negligence of Gubair ONE Supplier or failure of Gubair ONE Supplier to perform any obligations with respect to the Gubair ONE Services. 
• You understand that the Gubair ONE Supplier will be solely responsible and liable to resolve any queries/complaints/grievances and address any issues/complaints/grievances relating to the quality of the Gubair ONE Product, it’s safe-keeping and custody, or any damage, wrong shipment, or theft at the time of delivery or such other grievances which pertain to the Gubair ONE Products. 
• You acknowledge that neither Figital nor any of its employees, directors, associates, group entities are inducing the Users for trading/investing in Gubair ONE Products. Trading/investment decision is the sole responsibility of the User. 
• You further understand and agree that neither Figital nor any of its associates, group and subsidiary -entities guarantee or give any assurance as to returns or profits or capital protection or appreciation on the Gubair ONE Products transacted by You through the Platform.
• You acknowledge that the physical custody of the Gubair ONE Product shall be with the Gubair ONE Supplier, until a delivery request is made by You on the Platform, and at no point the title or ownership interest in the Gubair ONE Product vest with.
• You understand and acknowledge that neither Figital nor any of its associates, group and subsidiary entities shall be liable in case of loss or damages, caused to You on account of any interruption, malfunction, error, non-availability, technical glitch of the Platform, or failure or error of any transaction on the Platform.
• You agree to indemnify and keep the Company and/or their directors, associates, group, employees and representatives indemnified from and against all actions, claims, (third party claims) demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which the Company, and/or their employees, directors, representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the Company/ acting in good faith and taking or refusing to take or omitting to take action on the User’s instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the User; (ii) Your breach or non-compliance of the T&C for Gubair ONE Services; and/or (iii) fraud or dishonesty relating to any transaction by the User or misrepresentation with respect to data and information provided by You.
• You hereby give Your consent to the Company to obtain Your personal information including KYC and other information from its associates, group and subsidiary entities for products and/or services offered by them to you. 
• The Company and/or Associates reserve the right to change/modify the T&C for Gubair ONE Services without any prior notice to You. You can determine when the T&Cs for Gubair ONE Services was last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check these T&Cs for Gubair ONE Services periodically for changes. Your acceptance of the amended T&Cs for Gubair ONE Services shall signify Your consent to the changes and the agreement to be legally bound by the same. Your continued use of the website/platform/mobile application following the posting of changes will mean that you accept and agree to the changes and shall be legally bound by the same.
• The T&C for GubairONE Services shall be governed by and interpreted and construed in accordance with the laws of India. The courts at Chennai, India shall have exclusive jurisdiction in respect of any matters arising therefrom.

Ncash Terms of Use for Digital FX Online Services 

• These terms and conditions (“T&Cs for Ncash FX Online Services”) mandate the terms on which You (User) access and register on the Platform for availing the services in relation to Ncash FX Online and allied products (including purchase and redemption thereof) (“Ncash FX Online Products”) offered and provided by partnered third party Ncash FX Online suppliers and vendors (“Ncash FX Online Suppliers”) through the Platform (“Ncash FX Online Services”). 
• The T&Cs for Ncash FX Online Services are in addition to the Terms and Conditions and Privacy Policy of the Platform that apply to You when You access and register on the Platform for availing the Platform Services. The Terms and Conditions and T&Cs for Ncash FX Online Services shall be read harmoniously and in case of any conflict, the T&Cs for Ncash FX Online Services shall prevail solely in relation to the Ncash FX Online Services to the extent of conflict. All capitalised terms used herein however not defined, shall have the meaning ascribed to them under the Terms and Conditions and/or the Privacy Policy. All information collected by the Platform to provide the Ncash FX Online Services will also be covered under the Privacy Policy. 
• Please read the T&Cs for Ncash FX Online Services carefully before registering on the Platform for such services or accessing any material information in relation to the Ncash FX Online Services through the Platform. By accessing and using our Ncash FX Online Services You accept these T&C and agree to be legally bound by the same.
• The Company hereby grants You, a limited, non-exclusive, non-transferable, revocable license to use the Platform for the purposes of availing the Ncash FX Online Services from Figital. The Ncash FX Online Services would also include communication with the User for queries, enquiries, and other customer support. 
• Figital is acting as a facilitator for the Ncash FX Online accumulation plan of various Ncash FX Online Suppliers wherein the role of Figital is limited to the extent of providing the Platform to Users and the Ncash FX Online Products are being offered and provided by the respective Ncash FX Online Suppliers to You. The Company Figital, or any of its affiliates, do not sell, purchase, or accept the Ncash FX Online Products on their own accord and do not own Ncash FX Online Products of their own. Any purchase or sale of Ncash FX Online Products is a bilateral transaction between the Ncash FX Online Supplier and the User.
• The information in relation to Ncash FX Online Products including the live rate of Ncash FX Online Products is received from the respective Ncash FX Online Supplier and is displayed on an “as is” basis on the Platform. The Company is not in any manner responsible for the accuracy, completeness of such information and any difference in the rate of Ncash FX Online Products provided on the Platform and that is made available by the Ncash FX Online Supplier on the Ncash FX Online Products at the time of purchase or redemption. The provision of the Ncash FX Online Services through the Platform and display of such information received from the Ncash FX Online Suppliers shall not in any manner constitute any recommendation, advice or opinion being given by , the Company or any of its affiliates in relation to the Ncash FX Online Suppliers, and/ or the Ncash FX Online Products.
• We shall share the information and documents received from You for the Ncash FX Online Products with the respective Ncash FX Online Supplier selected by You through secure channels. While Figital undertakes measures to ensure that such transmission is error-free, however, it does not guarantee that the transmissions of Your details will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by Figital. Figital assumes no liability or responsibility for disclosure of Your information due to errors in transmission, unauthorized third-party access, or other causes beyond its reasonable control.
• You hereby agree and acknowledge: (i) to promptly provide all requested know-your-customer (KYC) details (including identity proof, permanent account number (PAN) and address proof) and any other information as may be requested by and/or the Ncash FX Online Supplier for providing the Ncash FX Online Services to You and undertaking the verification of the KYC. reserves a right to request for additional information or documents from the User while providing the Ncash FX Online Services. You understand, agree and give your consent to share all such information and documents collected by with the Ncash FX Online Supplier of Your choice and You agree to provide complete, genuine, and accurate information and documents to for availing the Ncash FX Online Services and shall ensure that such information is not false, misleading, or incorrect. Please note that all verification of documents provided by You for the Ncash FX Online Products is undertaken by the Ncash FX Online Supplier.
• Upon successful completion of account opening with the Ncash FX Online Supplier of Your choice, You will be entitled to purchase, redeem and take delivery of Ncash FX Online Products based on the terms and conditions of the respective Ncash FX Online Supplier that is either communicated on the Platform to You or separately made available to You by the Ncash FX Online Supplier.
• You understand that Ncash FX Online Products are not exchange traded products and that Figital is merely acting as a facilitator for such products through the Platform. All disputes with respect to this facilitation activity would not have access to any stock exchange in India as redressal forum or Arbitration mechanism. 
• You hereby represent and warrant that these T&Cs for Ncash FX Online Services constitute a legal, valid, and binding obligation on You and that all orders to be placed and transactions to be conducted under these T&Cs are lawful. 
• Please note that neither Figital nor any of the its associates, group and subsidiary entities shall be held responsible and liable for delivery, quality, or merchantability of the Ncash FX Online Products, including redemption thereof provided and sold to You by the respective Ncash FX Online Supplier and this is the responsibility of the Ncash FX Online Supplier. Figital is not responsible and liable for delivery of Ncash FX Online Products purchased by You and it is the responsibility of the respective Ncash FX Online Supplier.
• You understand that Ncash FX Online Suppliers along with an independent trustee will be the custodian and responsible for the Ncash FX Online Product’s custody. 
• You acknowledge and understand that investment in Ncash FX Online Products is speculative, and may involve a degree of risk and loss and that You have considered Your financial objectives, obtained appropriate independent advice, if required prior to entering into these T&Cs for Ncash FX Online Services and have formed the opinion that dealing in the Ncash FX Online Products is suitable for Your needs and purposes. 
• You acknowledge that You are solely responsible for all taxes, tariffs and duties that may be applicable as a result of purchase or redemption of Ncash FX Online Products. 
• The decision to accept or reject the purchase or redemption request for the Ncash FX Online Product received from a User is that of the respective Ncash FX Online Supplier. The Ncash FX Online Supplier may decide, in its sole discretion, to reject a purchase or redemption request from a User, including in the event of (i) failure to satisfy KYC verification, as determined by the Ncash FX Online Supplier; and/or (ii) payment made from an account which the User is not authorised to operate. The Company and/or will not be responsible or liable to the User or any third party, for any acts or omissions of the Ncash FX Online Supplier including delay, rejection or cancellation of the purchase request for Ncash FX Online Products, any loss of money or damage caused to You on account thereof, or failure of the Ncash FX Online Supplier to refund the money collected from the User or any part thereof towards a rejected purchase request, breach of confidentiality or any applicable law by the Ncash FX Online Supplier, negligence of Ncash FX Online Supplier or failure of Ncash FX Online Supplier to perform any obligations with respect to the Ncash FX Online Services. 
• You understand that the Ncash FX Online Supplier will be solely responsible and liable to resolve any queries/complaints/grievances and address any issues/complaints/grievances relating to the quality of the Ncash FX Online Product, it’s safe-keeping and custody, or any damage, wrong shipment, or theft at the time of delivery or such other grievances which pertain to the Ncash FX Online Products. 
• You acknowledge that neither Figital nor any of its employees, directors, associates, group entities are inducing the Users for trading/invest in Ncash FX Online Products. Trading/investment decision is the sole responsibility of the User.
• You further understand and agree that neither Figital nor any of its associates, group and subsidiary -entities guarantee or give any assurance as to returns or profits or capital protection or appreciation on the Ncash FX Online Products transacted by You through the Platform. 
• You acknowledge that the physical custody of the Ncash FX Online Product shall be with the Ncash FX Online Supplier, until a delivery request is made by You on the Platform, and at no point the title or ownership interest in the Ncash FX Online Product vest with.
• You understand and acknowledge that neither Figital nor any of its associates, group and subsidiary entities shall be liable in case of loss or damages, caused to You on account of any interruption, malfunction, error, non-availability, technical glitch of the Platform, or failure or error of any transaction on the Platform. 
• You agree to indemnify and keep the Company and/or , their directors, associates, group, employees and representatives indemnified from and against all actions, claims, (third party claims) demands, proceedings, losses, damages, costs, charges and expenses, directly or indirectly, whatsoever (“Losses”) which the Company, and/or their employees, directors, representative may at any time incur, sustain, suffer or be put to as a consequence of or by reason of or arising out of: (i) the Company/ acting in good faith and taking or refusing to take or omitting to take action on the User’s instructions, and in particular arising directly or indirectly out of the negligence, mistake or misconduct of the User; (ii) Your breach or non-compliance of the T&C for Ncash FX Online Services; and/or (iii) fraud or dishonesty relating to any transaction by the User or misrepresentation with respect to data and information provided by You. 
• You hereby give Your consent to the Company to obtain Your personal information including KYC and other information from its associates, group and subsidiary entities for products and/or services offered by them to you.
• The Company and/or its Associates reserve the right to change/modify the T&C for Ncash FX Online Services without any prior notice to You. You can determine when the T&Cs for Ncash FX Online Services were last modified by referring to the “Last Updated” legend that will appear above. It shall be Your responsibility to check these T&Cs for Ncash FX Online Services periodically for changes. Your acceptance of the amended T&Cs for Ncash FX Online Services shall signify Your consent to the changes and the agreement to be legally bound by the same. Your continued use of the website/platform/mobile application following the posting of changes will mean that you accept and agree to the changes and shall be legally bound by the same.
• The T&C for Ncash FX Online Services shall be governed by and interpreted and construed by the  laws of India. The courts at Chennai, India shall have exclusive jurisdiction in respect of any  matters arising therefrom. 

Ncash Terms of Use for De’tax Services 

GENERAL TERMS AND CONDITIONS (“AGREEMENT”) BETWEEN FIGITAL TECHNOLOGIES AND THE CLIENT FOR De’tax EMPLOYEE SOLUTION.

• Definitions
  • ‘Client’ shall mean an organization which instructs ‘Ncash’ to issue flexible benefit allowance for the exclusive use of its employees.
  • ‘Consumer(s)’ shall mean an employee of the Client who will be issued a flexible benefit allowance by Ncash.
  • ‘De’tax Card’ is a single card that provides flexible benefit allowance to be used through the EMV chip-option for other benefits operated on a scheme-based network.
  • ‘Intellectual Property’ shall mean and include all kinds of intellectual property including intellectual property in any software, name, signature, word, letter, numeral or any combination thereof, trademark, patent, design, logo, copyright including any know-how, trade secrets whether registered or not, belonging to a party and/or its affiliates.
  • ‘Merchant’ shall mean any participating outlet accepting Ncash prepaid cards.
  • ‘Food Pass’ is a food benefit service offered by Ncash that will be used for purchasing food and non-alcoholic beverages (excluding tobacco) from prepaid card network scheme and can be used through magnetic stripe option of De’tax Card.
  • ‘Mobile App’ is a software application which allows a Consumer to view and manage their flexible benefit allowance (De’tax Card) account using their mobile device.
  • ‘Flexi Benefit’ includes all flexible benefit allowance that are issued through De’tax Card; operated either through scheme-based network or Ncash’s Proprietary Network.
  • ‘Flexible Benefit Allowance’ is a package of employee benefits services offered by Ncash to the employees of the Client through issuance of De’tax Card operated on scheme based network that includes gifts, rewards,  fuel , communication , office wear and various other services as agreed with the Client.
  • ‘Scheme’ is the registered payment network operated by Rupay, Visa, Mastercard and others.
  • ‘Ncash’ shall mean ‘Figital Technologies Private Limited’ having its registered office at Shakthi Towers, The   Executive zone private limited, No: 766/1, Anna Salai, Chennai – 600002 and its representatives, successors and assigns.
  • ‘PIN’ shall mean the identification number which will be required by the Consumer to authenticate a transaction and avail other services from time to time.
  • ‘Valid De’tax Card’ shall mean De’tax Card that has not expired or mutilated or altered and conforms to issuers guidelines or instructions issued from time to time.
  • The word “LivQuik” refers to LivQuik Technology (India) Private Limited, a company incorporated under the laws of India and having its registered office at C-15, Sriram Nivas, 1st Floor, Secretariat Colony, Thiruvalluvar Nagar, Alandur, Chennai, Tamil Nadu, India – 600 016.
  • “LivQuik” or ”PPI Issuer” shall mean LivQuik Technology (India) Private Limited, i.e., the issuers of the prepaid card.
  • “Available Amount” means in relation to the prepaid card, the amount available at a given point of time for use by the prepaid card holder, being a sum of amount(s) loaded in the prepaid card as reduced by (a) the amount(s) utilized by using the prepaid card for transaction(s) and (b) fees, costs and expenses as charged by LivQuik Technology (India) Private Limited.
  • “Transaction” means an instruction or an inquiry or communication as appearing in LivQuik’s records, given or made by the prepaid card holder using the prepaid card directly or indirectly to LivQuik to effect a transaction, whether via Mobile or any other device of LivQuik or of the LivQuik’s shared network.
  • “Escrow Account” For the safety of customer funds LivQuik has ensured that the same is transferred into an escrow account of a bank wherein LivQuik can operate account only for settling the funds with the merchants or remittance recipients. It ensures that funds are secure and customers can claim the same from the bank by providing appropriate proofs as deemed fit by the bank.
  • “Know Your Customer (KYC)” refers to the various norms, rules, laws and statutes issued by RBI from time to time under which LivQuik is required to procure personal identification details from You before any services can be delivered.
• Order Placement
  • The Client shall place an order on the Ncash platform for the employee benefit services that they are willing to avail as well as issuing and delivering the De’tax Card. Upon receipt of the order ‘Ncash’ shall send a proforma invoice to the Client. Payment terms shall be in accordance with Clause 3 below.
  • All orders placed by any person on behalf of the Client shall be termed as valid order and the Client is bound to accept the same. Once the order is placed, the same cannot be cancelled or modified by the Client.
  • The Client will need to provide minimum Consumer details (Title, First Name, Last Name, Mobile No and E-mail ID) in a format as prescribed by Ncash for the issuance of De’tax Card. Ncash reserves the right to request for further information as may be permitted by applicable laws.
  • Ncash can only issue a single De’tax Card to a Consumer or as otherwise prescribed by the relevant regulatory authority.
• Consideration & Payment Terms
  • In the event the Client fails to adhere to the payment terms; Ncash reserves the right to levy interest @ ……%  per month from the due date till the date of receipt of the payment in addition to Ncash’s exercise of any other rights as may be available to it under applicable laws.
  • The Client shall solely be responsible for payment of all taxes whether payable in its state or elsewhere in India, which may result from payments made to Ncash by the Client, pursuant to this Agreement.
  • Ncash reserves the right to increase every year any of its fees, based on the inflation (i.e. Wholesale Price Index) as published by the Government of India.
  • The Client agrees that once order is invoiced, the amount belongs to the Consumer and will be governed as per the terms and conditions agreed between Ncash and the Consumer.
• Delivery & Activation of De’tax Card
  • The De’tax Card delivered by Ncash and accepted at the Client’s premises or any other delivery address as may be specified by the Client shall be treated as valid delivery of the De’tax Card by Ncash.
  • Once the De’tax Card is delivered as per the agreed terms, Ncash will not be liable if the De’tax Card is destroyed, damaged or stolen regardless of whether it has been used or not.
  • De’tax Card will be delivered in an inactive mode and the same needs to be activated before usage.
  • De’tax Card can be activated only by the Consumer and the activation process as defined by Ncash may vary subject to availability of the feature at the time of placing order
  • De’tax Card activation details/ process will be communicated to the Consumer in the welcome letter / email.
  • The Client will inform the Consumer to sign on reverse of the De’tax Card before usage.
• Know Your Customer (KYC)
  • Before the consumer begins using the De’tax Card, Ncash will need to validate the  Consumer’s mobile number. The Consumer will also need to provide necessary KYC information as mandated by regulatory authorities and government of India from time to time.
  • LivQuik will issue a prepaid card to you only if you comply with the KYC requirements, as per which you have to provide us with certain details about yourself. LivQuik will use the details you provide and authenticate your personal identification information for the KYC compliance under applicable law. Whether you can use all or some of the prepaid card’s features depends on whether you have provided minimum details (about yourself) or if you have completed full KYC.
  • You authorize us, including any third-party that may be engaged by us to undertake your KYC process as may be required from time to time. You agree and acknowledge that we may use the services of a third-party to complete your KYC process. You may be required to share with us copies of your documents and any other additional information that we may require to verify your identity. The collection, verification, audit and maintenance of the correct and updated information about you is a continuous process, so we reserve the right at any time, to take steps necessary to ensure compliance with all applicable KYC requirements. If you refuse to share your information for the KYC process, we may need to deny or limit your use of the prepaid card.
  • The Video-based Customer Identification Process (V-CIP) process can be used to open full-KYC PPIs as well as to convert Small PPIs into full-KYC PPIs. Such PPIs shall be reloadable in nature.
• Ncash De’tax Card
  • Unless prohibited by law, the De’tax Card once activated, may be used to make purchases  until the ‘Validity” period mentioned on the De’tax Card or the value of meal/ multi benefit pass becoming zero.
  • The De’tax Card is non-transferrable and should not be assigned or transferred in any way by the Consumer to any third party. Any De’tax Card assigned, sold or otherwise transferred in violation of this provision may be invalidated or cancelled.
  • The De’tax Card does not facilitate balance transfer or cash withdrawal.
  • De’tax Card: In case the De’tax Card is misplaced/ stolen/lost, the Consumer can block the Card through Ncash Web Portal or Mobile App. The lost De’tax Card will be blocked and the available amount less charges and taxes would be issued to the Consumer through a new De’tax Card. Ncash is not responsible for any loss before the De’tax Card is blocked.
  • The amount outstanding in the De’tax card shall not exceed Rs.2,00,000/- at any point of time.
  • There is no separate limit on purchase of goods and services using PPIs and PPI issuer may decide limit for these purposes within the overall PPI limit.
  • PPI shall have option to close the PPI and transfer the balance as per the applicable limits of this type of PPI. For this purpose, details of pre-designated bank account or other PPIs of same issuer (or other issuer as and when permitted) to which the balance amount available in the PPI shall be transferred in the event of closure of PPI, expiry of validity period of such PPIs, etc.
  • Cash withdrawal shall be permitted upto a maximum limit of Rs.2,000/- per transaction within an overall monthly limit of Rs.10,000/- per PPI across all channels (agents, ATMs, PoS devices, etc.
• Expiry of the card
  • Under the extant co-branding arrangement between LivQuik and Figital Technologies Private Limited, category of primary issuance shall be Card PPIs, which shall be backed by Wallets. The expiry period for Card PPIs shall be 3 years or date of expiry, as mentioned on the card, whichever is applicable as per the programme, and the Wallets shall have a perpetual validity.
  • Once the card is expired, the following process shall be followed
    • A new Card can be reissued based on customer request in lieu of expired card which can be used by card holders
    • Card which has expired can be blocked and the remaining balance in card can be refunded back to customer
    • LivQuik may transfer the outstanding balance to its Profit & Loss account three years after the expiry date of PPI. In case the PPI holder approaches LivQuik for refund of such amount, at any time after the expiry date of PPI, then the same shall be paid to the PPI holder in a bank account.
• Allowances
  • The De’tax card will be loaded as per the instructions received from the Client from time to time. There are two options available for loading the card;
    • Allowance : The respective benefit prepaid card will be loaded in advance as per the instructions received from the Client. The amount loaded in this prepaid card will be used only at the restricted merchant network of the scheme-based operator basis the services availed by the Client from Ncash.
    • Reimbursement : In this model, the Consumer will seek the reimbursement for the expenses incurred by uploading the copy of original bills through their mobile app or on the web portal. The bills will be verified and if legible, the amount will be credited when the client authorizes the claims and places a load order towards reimbursement. This money will be loaded on to the reimbursement prepaid card of the Consumer that may be used at the entire merchant network of scheme-based operator.
  • LivQuik will issue the prepaid card to you (if you successfully complete the KYC process/minimum details requirement and any other requirements that we may prescribe from time to time). Remember, the prepaid card is not issued by Ncash. Ncash provides and maintains the Platform through which you can access all the transactions and controls for your prepaid card.
  • Ncash does not hold your funds either. LivQuik maintains the prepaid cards which hold your funds, and against which all payments and transfers are settled. So, funds in your prepaid card are solely held by LivQuik. LivQuik debits or credits your account based on the instructions you send through the Platform
  • In no event shall ‘Ncash’ be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages whatsoever including, without limitation, damages with regards to the quality of food or non-alcoholic beverages purchased by the Consumer including consumer experience or with regards to arrangement covered herein.
    
    Notwithstanding this, the Client shall indemnify ‘Ncash’ against any loss, damages or injuries, claims, liabilities actions, suits, proceedings, demands made against “Ncash” by any Consumer for any reason whatsoever arising out of the use of the meal/ multi-benefit pass or arising on any breach of the provisions of this Contract.
• Termination
  Either party can terminate this Contract at any time by giving the other party not less than three months prior written notice in writing sent by Registered A/D. Any failure to give the requisite termination notice will be termed as breach of the contract and the aggrieved party reserves the right to levy interest @ 1% of the monthly business volume (which shall be computed as the average of last 6 months).
  • Ncash shall have the right to terminate the Contract by giving 15 days written Notice in the event the Client fails to abide by its payment terms.
  • Ncash reserves the right to vary any of the terms & conditions contained herein upon written notice to the Client of not less than thirty (30) days, at the address of the Clients as indicated in this Contract.
• Regulatory
  • De’tax card is classified as Payment Instrument as defined under Master Direction on Issuance and Operation of Prepaid Payment Instruments, which is governed by the Payment and Settlement Act, 2007 (‘PSS Act, 2007’). All relevant Regulations will be binding on the issuer, Client, merchant and the Consumer as applicable from time to time.
  • In compliance with RBI directions issued under PSS Act, 2007, the amount received from the Client for value of De’tax card is deposited in an Escrow Account with the Bank, to ensure honoring of payments against valid meal/ multi-benefit pass transactions to the Merchant.
  • The Client agrees to provide Ncash with necessary information/documents as may be required to comply with Know Your Customer/ Anti – Money Laundering & Combating Financial Terrorism Guidelines issued by RBI including any amendments thereto.
  • The Client should immediately report all the suspicious transactions as defined under Anti-Money Laundering Guidelines to Ncash on client@ncash.ai
  • Any change in the Government Policies, Rules or Regulations or any enactments or amendments thereto shall be applicable to the Client from time to time. In the event that any such change affects the terms and conditions under this Agreement, this Agreement shall in good faith be modified by Ncash to accommodate such change, without affecting the essence of the current terms to the best possible extent.
• Miscellaneous
  • Ncash will act as co-ordinating agent between the Client and the merchant and the reimbursement of value of transactions on De’tax card by ‘Ncash’ to the Merchant will constitute a valid discharge of the Client’s obligation to pay directly to the Merchant.
  • Neither Party shall be liable for any breach of this Contract caused by force majeure events such as acts of god, fire, lightning, explosion, flood, inclement weather conditions, strikes, lockout or any other cause beyond the control of either party.
  • The Client agrees that Ncash at its own discretion can use the Client’s name and logo in the Client reference list.
  • All Intellectual Property Rights belonging to a Party prior to the execution of this Agreement shall remain vested in that Party. None of the Intellectual Property Rights in Ncash’s trademarks, brands etc shall be used by the Client for any purpose without Ncash’s prior written consent.
  • Surcharges will be applicable to certain type of transactions performed by card holders associated with specific merchant categories.
  • All the transaction disputes related to network shall be governed as per network guidelines by LivQuik. LivQuik will be the sole arbitrator in these disputes between the LivQuik Account Holder and the Merchant.
  • If any Dispute arising between the parties is not amicably settled within Thirty (30) days of commencement of attempts to settle the same, the Disputes shall be referred for arbitration under the provisions of the Indian Arbitration and Conciliation Act 1996 by mutually appointing one Arbitrator and the arbitration proceeding shall be held in Chennai in English language.
  • This Contract will be construed in accordance with and governed by the Laws of India and each party agrees to submit to the exclusive jurisdiction of the courts in Chennai, India.
  • The Client agrees to immediately inform Ncash about any change as shared with Ncash in connection with this Agreement, including but not limited to change in constitution, name, address, authorized person or any other information relevant to this contract. In case of failure to intimate the change, the Client will be responsible for the consequences thereof.
  • In case of any query or need for support the Client can write us on: client@ncash.ai  or call: 9003008585 , 9003008686 , 9003008989 or visit: www.ncash.ai
    
    All Correspondence relating to the arrangement covered by this Contract should be addressed to:
    FIGITAL TECHNOLOGIES PRIVATE LIMITED
    EXECUTIVE ZONE PRIVATE LIMITED, Ground Floor, 766/1 Anna Salai, Thousand Lights, Chennai 600002.
  • The Client warrants and guarantees that the signatory signing this Contract is authorized to sign this Contract and bind the Client to this Contract. Such authority of the signatory hereto shall not be questioned or challenged by the Client at any time.
• Indemnity
  In consideration of the Company providing the Prepaid Cards, the Client expressly and unequivocally agrees to and hereby does indemnify, save, defend and hold harmless the Company and its officers, directors, employees, shareholders, agents, consultants and other representatives, successors and assigns of, from and against all claims, damages, losses, costs and expenses, arising out of any action omission, breach or default by the Client and/ or its employees or agents of the terms of this agreement, in the course of execution of the Cardmember/ Client’s Instruction(s) and/ or otherwise incurred by the Company as a consequence or by reason of providing the Prepaid Cards in terms hereof, including without limitation, in the following cases: (a) for any action taken or omitted to be taken by the Company, its officers, employees or agents, on the instructions of the Card member/ the Instruction(s); (b) as a result of faulty, inaccurate or unauthorized information having been provided by the Client to the Company; (c) any claim made or proceeding commenced by any Card member or any other person against the Company.
• De’tax data protection and privacy
  • During any Client Service call, we may request for information such as your phone number, date of birth, and postal code that you have provided to Ncash at the time of registration. We may also obtain personal information about you, including information 
    • provided to us by the Client, such as your name and/or your address, 
    • provided by you at the time of activation/ KYC submission or during Client service calls, and about purchases made with the Card, such as the date, the amount and the place of purchase. For purposes of fraud prevention and regulatory compliance. 
  • We will use this information to process Card transactions, provide Client service, enhance usage at Merchants, process claims for lost or stolen Cards and help protect against fraud. We may also use such Information for marketing purposes and to conduct research and analysis. 
  • Ncash reserves the right to disclose the information as received under the agreement, in strict confidence, to any third party as may be required on need basis for providing services under the Contract. 
  • Ncash reserves the right to disclose Client information to any court of competent jurisdiction, quasi-judicial authorities, law enforcement agencies and any other wing of Central Government or State Government 
  • Ncash may develop marketing programs and send you offer for products and services. We do not share Cardholder Information including Cardholder addresses and mobile numbers with other companies for them to market their own products and services. 
  • Ncash may also be required to disclose information to RBI or such other authority as may be required by RBI or under any other applicable law, relating to you and/or to the transactions entered using the De’tax Card 
  • Telephone Monitoring/Recording: From time to time we may monitor and /or record telephone calls between you and Client Service Executive to assure the quality of our Client service or as required by applicable law. 
  • You agree and provide your consent to share the above information including but not limited transaction history, card balance amount, usage pattern etc to your Employer/ our Client who has placed the order for your De’tax Card with Ncash 
  • You agree and provide your consent to share the aboe information including but not limited transaction history, card balance amount, usage pattern etc to your Employer/ our Client who has placed the order for your De’tax Card with Ncash. 
  • We are not responsible or liable to you 
    • for any loss or misuse of the Card, 
    • for any interruption of Card service, 
    • for any interruption of Card service, for the quality, safety, legality, or any other aspect of the products and services purchased from any Merchant with the Card. If a Merchant fails to honor the Card or discriminate the Consumer using other mode of payment, please notify Client Service Services at 9003008686 or write to us at client@ncash.ai to report the incident immediately. If you have a complaint with any purchase made with the De’tax Card, or a dispute with a Merchant, you must try and directly resolve the same with the Merchant involved to the best of your ability. 
• Prepaid Terms and Conditions issued through Livquik
  • These terms are applicable to you as you have subscribed to the prepaid card issued by LivQuik and form a binding agreement between you and us. Pursuant to the co-branding agreement between LivQuik and Figital Technologies Private Limited, LivQuik will issue co-branded prepaid cards which will be offered to you through our Services. If you subscribe to the prepaid card issued by LivQuik, you also agree to be bound by LivQuik terms and conditions specified in LivQuik website.
  • These Terms of Services (TOS) supplements and are in addition to, and not in derogation of, the applicable Terms & Conditions of LivQuik and will continue to be governed by regulations of Reserve Bank of India (“RBI”) on Prepaid Payment Instruments (PPI).
  • These Terms & Conditions apply to all transactions involving the prepaid card and form the contract between the prepaid card holder and LivQuik subject to which the prepaid card is issued by LivQuik Technology (India) Private Limited.
  • Once you subscribe to the prepaid card issued by LivQuik, you also agree to be bound by LivQuik Terms & Conditions and policies mentioned on LivQuik’s website.
  • It is your responsibility to visit LivQuik’s Website on a regular basis to obtain the latest updates of its terms and conditions of use and policies.
  • Refer below links to access LivQuik policies             
    • Livquik Terms and Conditions
    • Grievance Policy
    • Privacy Policy
    • FAQ

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