Nahar Om is engaged in the business of assisting Invoice Sellers to raise additional funding through invoice discounting, recurring revenue discounting, and Debt funding on its revenue receivables through engaging in revenue based selling and discounting of present and future Invoices with potential retail patrons, and related services and operates a technology platform of Ekarth ventures Pvt Ltd with CIN no. U62099TN2024PTC169251 at https://www.nahar.om/ (“Platform”).

Your access and use of the Platform and the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Nahar Om. If you do not agree to these Terms, you may not access or use the Services or the Platform. For the avoidance of doubt, it is clarified that these Terms shall apply to all Services offered by Nahar Om.

The Invoice Seller independently and based on its own determination and market diligence has agreed to avail the Services (as defined hereinafter) from Nahar Om by registering on the Platform and on the terms and conditions mentioned herein and on the website. The Parties have therefore decided to enter into this agreement to record the mutual terms and conditions between them.

1. Definitions

   1. "Additional Terms and Conditions" shall mean any guidelines, additional terms, policies, or disclaimers made available or issued by us, any third party or Affiliate from time to time in relation to the respective Service.

   2.  "Affiliate(s)" shall mean group companies, affiliates, associates, and/or subsidiaries of Nahar Om.

   3. "Applicable Law(s)" means any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, by-law, permit, licences, approvals, consents, authorisations, government approvals, directives, guidelines, requirements, or other governmental restrictions, or any similar form of a decision of, or determination by, or any interpretation, policy or administration, having the force of the law of any of the foregoing, by any Authority, whether in effect as on the date of you agreeing to be bound by these Terms or at any time thereafter.

   4. "Authority" shall mean any judicial, quasi-judicial, governmental authority, statutory authority, regulatory authority, government department, agency, commission, board, rule or regulation-making entity or authority having or purporting to have jurisdiction over you or us, or other subdivision thereof to the extent that the rules, regulations, standards, requirements, procedures, or orders of such authority, body, or organisation have the force of any Applicable Law or any court or tribunal having jurisdiction.

   5. "Services" shall have the same meaning as ascribed to it under Clause 3 of these Terms.

   6. "Platform" shall mean the Mobile Application and Website.

   7. "Website" shall mean the website owned and operated by Nahar Om available at https://www.nahar.om/.

 

2. Eligibility

1. 1. By accepting these Terms, you represent and warrant that (a) you have full legal capacity, right and authority to agree to and be bound by these Terms, (b) you are at least 18 (eighteen) years of age or older, (c) you are an Indian resident, (d) you have not been previously suspended or removed by Nahar Om or any of its Affiliates from availing the Services or have been disqualified from availing any Services, (e) you are not barred or otherwise legally prohibited from accessing or using the Services and (f) you are not and will not impersonate any person, entity or falsely state or otherwise misrepresent such person's or entity's identity. If at any time, Nahar Om is of the opinion that you do not satisfy the eligibility criteria, including but not limited to any misrepresentation, misuse of any Service or offers, fraudulent or suspicious activities or transactions, Nahar Om retains all rights to disable your access to the Platform and/or suspend your use of the Services with immediate effect.

   2. If you are representing an entity, organization, or any other legal entity that is not a natural person, you affirm and declare that you are properly authorized by the organization, entity, legal person, or its management to accept these Terms and possess the requisite power and authority to commit such entity, organization, or legal person to these Terms.

 

3. Services

1. 1.  The Services include the provision of the Platform by us and the access to various products and services, including Direct Equity Investing, web-based services, payment facilities, and other allied activities to you through the Platform by us ("Services").

   2.  As part of the Services, you will be able to view and apply for whatever service you want to opt for. To view and apply for a service to be availed, you shall create an account and provide information required. The user understands and acknowledges that such stipulations help is preventing risks and ensuring safety.

   3. You agree that all information shared will at all times be accurate and not be misleading. The User understands and acknowledges that any incorrect information or misrepresentations made by the User will affect the efficacy of the Platform and Services and that Nahar Om shall have the right to suspend the User's account if it is found that the information shared by the User is false or misleading.

   4. You hereby agree and acknowledge that you have provided the necessary consent on the Platform and in relation to the Services, after having carefully gone through the Terms and Privacy Policy.

   5. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party or our Affiliates ("Third Party Services"), and may also include links to the Third Party Services. You understand and acknowledge that Third Party Services are the responsibility of the respective third-party or Affiliate that renders such Third Party Services. You further acknowledge that your use of such Third Party Services is solely at your own risk.

   6. We make no representations and disclaim all warranties and liabilities arising out of or pertaining to such Third Party Services including their accuracy or completeness. Should you avail any Third Party Service, you shall be governed and bound by the Additional Terms and Conditions of the applicable third party or the Affiliate providing the Third Party Service.

   7.  We shall send all communications to our users by text messages, electronic mails, WhatsApp messages, AI driven calls, push notifications and/or via other progressive technology in connection with your access to the Platform, utilisation of the Services and as part of our promotional and marketing strategy. You agree to receive all messages, emails, AI driven calls, and/or WhatsApp messages including transactional messages from us, any third parties and our Affiliates. We may use third party service providers to send alerts or to communicate with you. You authorize us, our Affiliates and other entities providing Third Party Services to override the DND settings to reach out to you over calls, SMS, emails and any other mode of communication. In the event you are aggrieved due to our communications with you, please contact us in the manner we have set out under the Privacy Policy.

   8. You further acknowledge that you are responsible for the contact details shared with us and shall update us on any change to your contact details.

 

4. Profile Creation

1. 1.  In order to avail the Services, you will be required to create an account on the Platform by providing your details including but not limited to your name, phone number, email address, and date of birth ("Account"). If you choose to create an Account, you agree to provide and maintain true, accurate, and complete information about yourself as prompted on the Platform and failure to do so shall constitute a breach of the Terms, which may result in immediate termination or suspension of your Account.

   2.  You are solely responsible for maintaining the confidentiality of the account details and for any activity that occur through your account. You agree to immediately notify Nahar Om of any actual or suspected unauthorised use of your account or any other breach of security. Nahar Om will not be liable for any losses or damages that may arise from your failure to comply with the above-mentioned provisions or your failure to ensure the confidentiality of your account or password.

   3. We reserve the right to disable your access to the Account if, in our reasonable opinion, you are in breach of any provision of the Terms or the applicable law or in the event of any actual or suspected unauthorised access to your account.

   4. You agree and acknowledge that the device which you use during creation of your account shall become your registered device, and the details of such device shall be stored by us.

   5. You shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of your obligation in compliance with applicable laws.

 

5. Verification

1. 1. You may be required to undertake certain additional processes with us in order to avail the Services. In this regard, we may require you to upload documents and information ("Documents") that may be necessary for us to ascertain your eligibility to avail the Third Party Services.

   2. You authorise us, and any third-party service provider we may engage with, to process your Documents and ascertain your eligibility to avail the Third Party Services. Any processing that we undertake shall be in accordance with our privacy policy. You agree that such processing may be subject to additional terms and conditions in the event a third-party processes information under this clause.

   3. Further, during the Term, we reserve the right to seek any additional information, data, or documentation (collectively, "Additional Information") that may be required to determine your eligibility to avail the Services or for the continued use of Services. You agree to share such additional information promptly upon request, and further authorise us to process such additional information.

   4. You agree and warrant to provide true, complete, and up-to-date Documents and Additional Information to us. If we suspect that the Documents or the Additional information provided by you is unreliable or appears to be fraudulent or deficient, then we reserve the right to not provide you the Services or the Platform, as the case may be.

   5. Nahar Om does not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.

 

6. INTELLECTUAL PROPERTY

1. 1. Parties agree that this agreement does not result in the assignment or licensing of any Intellectual Property Rights by any party to the other parties.

   2. Each party retains ownership of any pre-existing Intellectual Property Rights. Nahar Om reserves all rights, title and interest in and to the Platform, including all Intellectual Property Rights in the Platform.

   3. The Invoice Seller agrees and undertakes that during the Term and during any other period of time during which it may have a right to use the platform, it shall not: (i) permit any third party to access the Platform and/or (ii) use, copy, or distribute any Intellectual Property Rights associated with the platform.

 

7. CONFIDENTIALITY

1. 1. The Parties shall not disclose the confidential information to or permit access by any third party without the prior written consent of the disclosing Party(ies). The receiving Party(ies) shall be permitted to disclose the confidential information to its/their employees, shareholders, directors, agents, advisors and sub-contractors (as applicable) (“Representatives”) on a need-to-know basis, provided the receiving Party(ies) ensures that its/their representatives agree to be bound by similar non-disclosure obligations and sign a non-disclosure or similar agreement in content substantially similar to this agreement.

   2. The receiving Party(ies) shall be responsible for any breach of this Agreement by its/their Representatives and further agree(s) to indemnify the disclosing Party(ies) at all times for any loss suffered on account thereof.

   3. The Parties shall not use any confidential information of the other Parties for any purpose other than as contemplated under this Agreement. Each Party shall take all reasonable measures to maintain the confidentiality of all such confidential information of the other Party(ies) in its possession or control, which shall in no event be less than the measures it uses to maintain the confidentiality of its own information of similar importance.

   4. Notwithstanding the foregoing, the obligation of confidentiality shall not apply to any disclosure (i) of information that is in or enters the public domain other than by reason of a breach by a Party; or (ii) of information that was in the possession of the receiving Party prior to disclosure under this Agreement, as evidenced in writing, except to the extent that such information was unlawfully appropriated; or (iii) of information which has been independently developed as a result of the efforts of receiving Party and not as a direct or indirect result of the disclosure of confidential information by the disclosing Party; or (iv) of information that was rightfully disclosed to it by a third party, the disclosure of which to the receiving Party does not, violate any contractual or legal obligation such third party has to the disclosing Party with respect to such information that the receiving Party is aware of.

   5. The Invoice Seller agrees to not share the discount rate and terms with any third party. The receiving party may make disclosures required under applicable law or court order provided the receiving party uses diligent reasonable efforts to limit disclosure and has allowed the disclosing party to seek a protective order or appropriate remedy.

 

8. MISCELLANEOUS

1. 1. Further assurances: the parties shall, with reasonable diligence, do all such things and provide all such reasonable assurances as may be required to consummate the transactions contemplated by this Agreement in the manner contemplated herein, and each Party shall provide such further documents or instruments required by the other Party(ies) as may be reasonably necessary or desirable to affect the purpose of this Agreement and carry out its provisions.

   2. Governing Law and Jurisdiction: The provisions of this Agreement shall, in all respects, be governed by, and construed in accordance with the laws of India. Subject to Clause 9.3 below, each Party agrees that the courts in Mumbai shall have exclusive supervisory jurisdiction to settle any claim or matter arising under this Agreement.

   3. Dispute Resolution: Any disputes and differences whatsoever arising under or in connection with the subject matter herein shall be settled amicably between the disputing Parties. Any dispute, which is not settled amicably between the disputing Parties for a period of 15 (fifteen) business days, shall be finally settled by a sole arbitrator mutually appointed by the disputing Parties. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Chennai and all proceedings shall be conducted in English language.

   4. Amendment: Any changes made to the Terms & Conditions may not be informed, it is the obligation of the Invoice Seller to periodically check the Terms and Conditions for updates.

   5. Entirety: This T&C (i) contains the entire understanding between the Parties in relation to the transactions contemplated under these Terms and (ii) supersedes all previous verbal and written understandings or any other documents issued/exchanged by the Parties in relation to the transactions contemplated under these Terms.

   6. Severability: If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or the applicable part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to remain in full force and effect.

   7. Assignment: Both Parties shall be entitled to assign any of its rights and obligations as contained in this Agreement if the same has been approved by such Other Party in writing.

   8. No Third-Party Rights: Nothing herein expressed or implied is intended, nor shall it be construed to confer upon or give to any third party any right, remedy or claim under or by reason of this Agreement or any part hereof, except assignment made in accordance with Clause 8.7.

   9. Relationship: Nothing contained in this Agreement shall be construed to be a joint venture, partnership or agency between the Parties. Further, neither Party nor their respective directors, officers, employees, shareholders or representatives (as applicable) shall, in any manner be entitled to bind or represent or make any commitment or enter into any contract or otherwise act in any manner on behalf of The Other Party.

   10. Royalty: The Invoice Seller, in addition to the Platform Fee and other applicable fees, also agrees to pay Royalty on the proprietary Nahar Om Score and Nahar Om Platform. Nahar Om reserves exclusive ownership rights over the Intellectual Property associated with the platform and the User acknowledges that they are granted a limited, non-exclusive license to use the Platform in accordance with these Terms of Use. This license does not transfer any ownership rights of the IP to the users. Users of the platform are required to pay specific royalties to the platform for using the technical services and the IPs of the platform.

 

9. DISCLAIMER

1. 1. We will utilize information solely in line with the Policy under which it was gathered, unless we have obtained explicit consent.

   2. We retain the right to share any information we possess about you with our third-party service providers for KYC purposes.

   3. We maintain the right to reveal any information we possess about you (including your identity) if we find it necessary for any investigation or complaint related to your use of the platform or to identify, reach out to or take legal action against anyone who may be harming or interfering with (either intentionally or unintentionally) Nahar Om’s rights or property or the rights or property of platform users, including contributors to Nahar Om.

   4. We maintain the right to disclose any information, including personal information, whenever we find it necessary to adhere to any relevant law, regulation, legal process or government request. Additionally, we may share your information if we believe that the law requires or allows such disclosure, which may include sharing information with other companies and organizations for the purpose of fraud protection. We will make all reasonable efforts to ensure that such disclosures comply with the applicable laws in effect in India.

   5. You acknowledge and agree that we may retain any communication you have with us via the platform, and we may also disclose such information if required by law or if we believe that such retention or disclosure is reasonably necessary to: (1) comply with legal processes; (2) enforce this Policy; (3) address claims that any such information infringes on the rights of others; or (4) safeguard the rights, property, or personal safety of Nahar Om, its employees, users or visitors to the platform, as well as the general public. We will take reasonable steps to notify you in the event of such disclosure.

   6. You agree to Nahar Om verifying your PAN, mobile number and bank account information through an Account Aggregator or other methods. The data from the Account Aggregator is obtained in collaboration with pee dee finvest NBFC, and you consent to pee dee finvest handling your data.

   7. You agree to Nahar Om handling your GST information, other financial details, credit ratings, legal matters, information about Directors/Partners/POC, income tax information and any additional data required to make a credit decision.