Ninja Kirana Terms & Conditions

  1. Introduction and Terms & Condition

    The “Ninja Kirana” is owned and operated by 63Ideas Infolabs Private Limited, a company incorporated under the laws of India, having its registered office at Vaishnavi Signature, Ninth Floor, 78/9 Outer Ring Road, Bellandur Village, Varthur Hobli Bengaluru – 560103, Karnataka – India and its affiliates. Ninja Kirana is an application in Apple & Android Store that facilitates users registered on “Ninja Kirana”, to buy fresh fruits and vegetables, staples across cities in India and avail credit from the lending partners of 63Ideas Infolabs Private Limited including its subsidiaries (“Services”).

    Any person logging on to or using Ninja Kirana (even when such person does not make any purchase or avail services from Ninja Kirana) (“User” or “you”) shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on Ninja Kirana) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and Ninja Kirana (“Agreement”). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Ninja Kirana for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of Ninja Kirana. To the extent applicable, this Terms of Use shall apply to the website of Ninja Kirana and its visitors as well.

    For the purpose of these terms and conditions (hereinafter referred to as the “Terms”),

    1. the term “Account” refers to the account created by Users to access the Services.

    2. the term “App” refers to mobile application/desktop application called Ninja Kirana and accessible at https://play.google.com/store/apps/details?id=com.ninjacart.retailbanking&hl=en_IN&gl=US

    3. the term “Applicable Law” or “Applicable Laws” as the context may require, means and includes all laws, ordinances, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorisations, consents, waivers, privileges, agreements and regulations of any governmental authority having jurisdiction over the relevant matter as such are in effect as of the date hereof or as may be amended, modified, enacted or revoked from time to time hereafter including writs, judgment, injunction, decree or similar order of any competent court or similar person having jurisdiction over the relevant matter as such, are in effect as of the date hereof.

    4. the term “– Trade Facility Terms refers to the terms (accessible here) applicable to eligible Users who choose to avail certain value-added services.

    5. the terms “Ninja Kirana or Ninja Kirana Platform” (which may be used interchangeably), collectively refer to the Website and App.

    6. the term “Privacy Policy refers to Ninja Kirana privacy policy accessible here.

    7. the terms “Service” or “Services” as the context may require, means access to the Platform that allows users to trade, pay and collect money from buyers and sellers across India, via multiple payment options and facilitate credit directly from banks, non-banking financial institutions and other financial institutions approved by the Reserve Bank of India (“Lending Partners”) or through any fin-tech entities who have partnered with the Company (“Trade Enabling Services” as more particularly mentioned in the Schedule -II).

    8. the term “Service Content” refers to all forms of content and information made available to a User of the Platform, where such content and information may include audio, video and software product material which may be required by the User.

    9. the term “Third Parties” or “Third Party” (which may be used interchangeably), refer to any third-party service providers such as vendors and service providers including logistics service providers, payment gateways, contact point verification, collection agencies to process payments and manage payment card information used by Ninjacart to provide Services.

    10. the term “User Information” refers to any information provided by the User including but not limited to name, date of birth, telephone number, email address and residential address, for the creation of an Account, for the purpose of availing/accessing the Services or as may be required under the Credit Facility Terms.

    11. the terms “User”, “you”, “yours”, as the context may require, refer to, and include all individuals, natural persons, legal persons (sole proprietors, partnership firms, companies, LLPs, trusts, societies or HUFs) that register on the Platform and/or use, transact or avail the Services of the Platform.

    12. the terms “we”, “our” and “us” (which may be used interchangeably), refer to Ninjacart.

    13. The term “Website” refers to Ninjacart’s interactive online website accessible at https://ninjacart.com

  2. Membership Eligibility

    Use of Ninja Kirana is available only to such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use Ninja Kirana. If you are a minor i.e. under the age of 18 years, you shall not register as a User of Ninja Kirana and shall not transact on or use Ninja Kirana. As a minor if you wish to use or transact on Ninja Kirana, such use or transaction may be made by your legal guardian or parents on Ninja Kirana. Ninja Kirana reserves the right to terminate your membership and / or refuse to provide you with access to Ninja Kirana if it is brought to Ninja Kirana’s notice or if it is discovered that you are under the age of 18 years. By accepting these Terms of Use, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between Ninja Kirana and such User to the extent permissible under applicable laws.

  3. Account and Registration Obligations

    If you use Ninja Kirana, you shall be responsible for maintaining the confidentiality of your account and password and shall be responsible for all activities that occur in or throughout your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at queries@ninjacart.com. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on Ninja Kirana and refuse to provide you with access to Ninja Kirana.

    You also agree and confirm that you will:

    (i). provide accurate, current and complete information whenever prompted by Ninja Kirana or when required by the Ninja Kirana’s registration form (“Registration Data”);

    1. provide information about and/or access to your social accounts to enable us to use such information solely for the purpose of providing services to you.

    2. maintain and promptly update the Registration Data to keep it accurate, current and complete at all times. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and to refuse to provide you access to Ninja Kirana.

    3. in order to ensure that we are not violating any right that you might have in your Registration Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us and our service partners to use such Registration Data you have supplied to us.

  4. Communications

    When you use Ninja Kirana or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

    When you visit Ninja Kirana or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We will communicate with you by e-mail, phone calls, SMS or by posting notices on Ninja Kirana. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding anything contained in this Agreement and subject to applicable laws, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on Ninja Kirana.

  5. Indemnity and Release

    You shall indemnify and hold harmless Ninja Kirana, and/or any of its officers, directors, agents, employees and representatives from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any applicable laws, rules, regulations or the rights of any third party.

    You hereby expressly release Ninja Kirana and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the third-party and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

  6. Privacy

    In order to avail the Services from Ninja Kirana, you will need to provide Registration Data prior to getting registered. As an account holder you are required to provide Ninja Kirana with accurate personal information. Any personal information collected by Ninja Kirana shall not be disclosed to any third party unrelated to Ninja Kirana unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure or such a disclosure is required for Ninja Kirana to efficiently render the services you intend to avail. However, by accepting the terms and conditions, you grant Ninja Kirana an unconditional right to share your personal information with Ninja Kirana partners, affiliates, employees and agents for administrative purpose. You hereby expressly authorise Ninja Kirana to use such information, store and process such information for the purposes of these Terms. To the extent permitted under applicable laws, we will also fetch documents and information pertaining to You in relation to the goods and service taxes, income tax reports, etc. from the records maintained by Ministry of Corporate Affairs, Income Tax department and other governmental authorities as part of the user verification. You are requested to review the Privacy Policy before using Ninja Kirana. If you have any objection to the terms of our Privacy Policy, you are requested not to use Ninja Kirana.

  7. Credit Cards/ Financial Wallets / UPI/ Banking A/c No or any other Financial Information

    You agree, understand and confirm that the financial details provided by you for availing Services of Ninja Kirana will be correct and accurate and you shall not use any financial payment option which is unlawfully owned by you or outside the purview of the law of the country of India. Thus, you must not pay or attempt to pay for Services using fraudulent financial information and through illegal payment option as per law of India. You further agree and undertake to provide the correct and up to date details to Ninja Kirana. The user data shared by You may also be stored and shared with Third Parties for providing services such as credit risk evaluation/data analysis and other similar services.

    Further the said information will not be utilized and shared by Ninja Kirana with any third parties unless required for fraud verifications or by law, regulation or court order. Ninja Kirana will not be liable for any kind of financial fraud. The liability for use of a financial payment option will be on you and the onus to ‘prove otherwise’ shall be exclusively yours.

    Ninja Kirana is offering credit facilities through the Third Parties who shall be its financing partners. The details of such Third Parties are specified in Schedule-I.

    The provision of the facility is at the discretion of Third Party, and the Third Party reserves the right to reject (exercisable in its discretion) the facility to a User, with or without any notice or reason and without any liability. Ninja Kirana has no role to play pertaining to the offering of the facility or the terms on which the facility is provided by the Third Parties, including but not limited to its issuance, approval, extension, pre-closure, repayment or closure of the facility and such matters are solely determined by the Third Party. In order to avail the facility, the User must enter into a loan agreement with the Third Party specifying the details of sanction and available credit limits as an essential pre-condition, in the form notified by the Third Party and undertake such other actions as required by such Third Party. You may also be required to make a pre-payment to the Third Party towards the facility extended by the Third Party.

  8. User Liability

    The User, by the act of logging onto Ninja Kirana is deemed to have consented to and has expressly/impliedly and irrevocably authorized Ninja Kirana to use, reveal, analyze, display or transmit all information required by Ninja Kirana. The User represents and warrants that all the information provided by him/her are true, correct and complete and if such information is found to be untrue, incorrect or incomplete, Ninja Kirana has the right to take any action it deems appropriate in relation to the particular circumstances without any limitations.

  9. Representations, Warranties and Covenants

    You shall not, directly or indirectly attempt to gain unauthorized access to Ninja Kirana, other Users’ account(s), computer systems and/or networks connected to Ninja Kirana through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.

    You understand and undertake that you shall be solely responsible for the Registration Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information that:

    1. belongs to another person and to which you do not have any right to;

    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

    3. harms minors in any way;

    4. infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;

    5. violates any law for the time being in force;

    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    7. impersonates another person;

    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

    9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;

    10. creates liability for Ninja Kirana or causes Ninja Kirana to lose (in whole or in part) the services of Ninja Kirana’s ISPs or other service providers;

    11. is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation; or

    12. is illegal in any other way.

    The User understands and agrees that the Ninja Kirana team reserves the right to remove and/or edit such detail

    / information.

    If you do post content or submit material on Ninja Kirana, and unless we indicate otherwise to you in writing, it shall be deemed that you

    1. grant Ninja Kirana a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;

    2. grant Ninja Kirana the right to use the name that you submit in connection with such content, if they choose; and

    3. agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to any usage or derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Ninja Kirana.

    You represent and warrant that you own or otherwise control all the rights to the content that you post or that you otherwise provide on or through Ninja Kirana; that, as at the date that the content or material is submitted to Ninja Kirana:

    1. the content and material is accurate;

    2. the use of the content and material supplied by you does not breach any applicable policies of Ninja Kirana or any guidelines herein and will not cause injury to any person or entity (including that the content or material is not defamatory);

    3. the content is lawful and does not violate any applicable laws.

    You further agree to indemnify Ninja Kirana for all claims brought by third parties against Ninja Kirana arising out of or in connection with a breach of any of the representations and warranties provided hereinabove.

  10. Complaint against Objectionable Content

    If you believe that any content on Ninja Kirana is illegal, offensive (including but not limited to material that has sexually explicit content or which promotes racism, bigotry, hatred or physical harm etc.), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately on queries@ninjacart.com. We will take reasonable steps to ensure that such Objectionable Content complained about is reviewed and removed (if required) within a reasonable time.

  11. Intellectual Property Rights

    The information, content and compilation provided in Ninja Kirana is our exclusive property and is protected under the applicable Indian and international intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute any contents of the website or any part thereof without our express written permission.

    Further, without the express written consent of Ninja Kirana, no person shall create and/ or publish his/her own database that features substantial (e.g. prices and product listings) portions of the contents of Ninja Kirana.

  12. Intellectual Property Claims

    Ninja Kirana respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please bring it to our notice by sending an email at queries@ninjacart.com We will envisage to address your concerns and take necessary steps, if required.

  13. Alteration of Service or Amendments to the Conditions

    We reserve the right to make changes to Ninja Kirana, its policies and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use Ninja Kirana. If any of these terms are deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining condition of this Terms of Use.

  14. Waiver

    Neither failure nor delay on the part of Ninja Kirana to exercise or enforce any right, remedy, power or privilege contained hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms of Use shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

  15. Limitation of Liability

    In no event shall Ninja Kirana be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if the User has been informed in advance of the possibility of such damages. For as long as your Account remains active, we may, from time to time, recommend Services or Third Party service offerings. We shall not be held liable or responsible for any recommendation we provide regarding any Third Party or Third Party service offering. Any such recommendation is not an endorsement, certification or guarantee by Ninja Kirana about any Third Party service provider and is only intended to be useful information for you to make an informed decision. The ultimate decision regarding the appropriateness of any Third Party service offering is exclusively yours and you should exercise due caution and/or seek independent advice/due diligence before entering into any financial decision. Ninja Kirana shall not be responsible or liable for any transactions, interactions, conduct or communications between you and Third Party, on or through the Website or otherwise. Ninja Kirana may receive a facilitation fee from the Third Party and any other banks / credit institutions and you hereby confirm that you have no objection to the same.

    Ninja Kirana shall not be liable for any failure or delay to perform any of its obligations if such performance is prevented, hindered or delayed, in part or entirely, by any event beyond the reasonable control of Ninja Kirana, including without limitation, fire, flood, explosion, acts of god, terrorist acts, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, acts of third parties beyond Ninja Kirana’s reasonable control, security breaches, power shut down, faults or failures in telecommunication or internet services or unauthorized access to computer systems.

    Ninja Kirana will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Ninja Kirana Platform:

    1. to the extent that the Ninja Kirana Platform is provided free-of-charge, for any direct loss;

    2. for any indirect, special or consequential loss;

    3. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;

    4. for any errors in or omissions on this Ninja Kirana Platform and the content therein, including but not limited to technical inaccuracies and typographical errors;

    5. for any third-party websites or content therein directly or indirectly accessed through links in this Ninja Kirana Platform, including but not limited to any errors in or omissions therefrom;

    6. for your use of this Ninja Kirana Platform; or

    7. for your use of any equipment or software in connection with the Ninja Kirana Platform.

    These limitations of liability apply even if we have been expressly advised of the potential loss.

  16.  Disclaimer
    1. General

      You acknowledge and undertake that you are visiting and accessing the Services on the mobile application and website, as the case may be, (“Ninja Kirana Platform”) and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Ninja Kirana Platform. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

    2. No warranties

      We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Ninja Kirana Platform. While we have taken precautions to avoid inaccuracies in content of Ninja Kirana Platform, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

      Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

      1. the Ninja Kirana Platform will be constantly available, or available at all; or

      2. the information on the Ninja Kirana Platform is complete, true, accurate or not misleading.

    Nothing on the Ninja Kirana Platform constitutes, or is meant to constitute, advice of any kind. While we strive to ensure that the information contained in the Ninja Kirana Platform is accurate and reliable, we make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and we assume no liability or responsibility for any omission or error in the content of the Ninja Kirana Platform. The information and materials contained on the Ninja Kirana Platform are subject to change without notice and are provided for general information only and should not be used as a basis for making business or financial decisions.

    Despite our best efforts to provide accurate information on the Ninja Kirana Platform, it is not possible to ensure that all the information provided here is up to date. We shall not be liable for any unintentional inaccuracies or errors with respect to the description of any product. Further, no liability shall be imposed on us, in the event of any damage, error, injury or loss caused to any person or User, whether direct or indirect, caused to him due to use or inability to use the Ninja Kirana Platform or any links or hyperlinks provided on the Ninja Kirana Platform. The usage of any link or hyperlink by any visitor will be at his/ her own risk and we assume no liability for any damage caused. We recommend that the users read the terms and conditions of such link(s).

    The contents, designs, materials, etc. available on this Ninja Kirana Platform may be protected by copyright law. You may not otherwise change, reproduce, modify, distribute, publicly display the materials available on the Ninja Kirana Platform in any way, unless authorized by us or the respective copyright owner(s).

  17. Governing law and Jurisdiction

    These Terms of Use shall be governed by and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Bengaluru, India shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.

  18. Contact Us

    Please contact us for any queries or comments by sending an email to queries@ninjacart.com or contacting our customer care at 08046800159

    63Ideas Infolabs Pvt. ltd, Vaishnavi Signature Ninth Floor

    78/9 Outer Ring Road, Bellandur Village, Varthur Hobli Bengaluru

    Karnataka – 560 103 queries@ninjacart.com

  19. REFUND POLICY:

    Ninjacart is a B2B company and hence does not support refunds. Ninjacart operates with perishables and accepts payment only after delivery and acceptance by the customer, hence the scenario for a refund does not arise. In case you have any chargeback related queries, please write to chargeback@ninjacart.com.

  20. CANCELLATION POLICY:

    Any cancellation of products or services procured through Ninja Kirana shall be governed by the cancellation terms and conditions communicated to the User at the time of purchase or as otherwise made available on Ninja Kirana. The Company reserves the right to amend these terms at its sole discretion, with any such amendments effective upon posting on Ninja Kirana.

  21. PRICING POLICY

    All prices for products and services offered through Ninja Kirana are listed on Ninja Kirana or are available upon request. The Company reserves the right to modify pricing at any time, at its sole discretion, with any such modifications effective immediately upon posting on Ninja Kirana. The User shall be responsible for any and all applicable taxes, levies, or other charges imposed by any governmental authority, and such charges shall be in addition to the listed price. The Company shall not be liable for any price fluctuations resulting from changes in taxation or other levies.

Schedule-I

Details of Lending Partners/Third Parties

Sl No.

Name of Lending Partner/ Third Party

Purpose

1.

Trillionloans Fintech Pvt Ltd

Credit Services

2.

Astute Corporate Services Private Limited

CPV Agency

3.

Minions Ventures Private Limited (Kredx)

Sourcing Partner

4.

Rupifi Technology Solutions Private Limited

Sourcing Partner

5.

Arthashastra Epaylater Financial Private Limited

Sourcing Partner

6.

eSolve Infotech Pvt Ltd

Collection Service Partner

7.

Terra Activa Solutions

Collection Service Partner

8.

SN Enterprises

Collection Service Partner

9.

JJ Associates

Collection Service Partner

10.

Image Marketing

Collection Service Partner

11.

Shree Mahadev Solutions

Collection Service Partner

12.

Astute Corporate Services Private Limited

CPV Agency

Schedule –II

TRADE ENABLEMENT SERVICES

These Trade Enablement Facility Terms are to be read with, and are subject to Ninja Kirana herein after refereed as & Ninja Kirana Terms. All capitalized terms used herein shall have the meaning ascribed to them under the Terms, unless otherwise expressly defined herein. If you choose to avail Trade Enablement Facilities from our Lending Partners, these Trade Enablement Facility Terms will apply to you.

Introduction

The Ninja Kirana may:

  1. allows Users who meet certain eligibility criteria to apply for and avail Trade Enablement Facilities from our Lending Partners,

  2. facilitates User repayment of the Trade Enablement Facilities, and

  3. allows Users to monitor their loan accounts for the Trade Enablement Facilities availed through the Platform from partner Lenders.

    Ninja Kirana is not a Lender, and does not lend or nor offer Trade Enablement Facilities. Ninja Kirana partners with Lenders in order to facilitate eligible User access to Trade Enablement Facilities. Ninja Kirana is not a party to any credit arrangement or Trade Enablement Facility arrangement and all contractual arrangements for Trade Enablement Facilities are solely between the eligible User and the partner Lender.

    Definitions

    1. the term “Trade Enablement Facility” or “Trade Enablement Facilities” as the context may require, refers to the line of trade enablement facilities granted by partner Lenders to Users of the Platform who meet the eligibility criteria prescribed by the relevant partner Lender.

    2. the term “Lender” or “Lenders” as the context may require, refers to banks, non-banking finance companies and other Reserve Bank of India authorized lending institutions that offer credit facilities to eligible Users via the Platform.

    3. the term “Loan Agreement” refers to all documentation and agreements, such as the sanction letter, the ‘Most Important Loan Terms’ etc. which eligible Users must execute in order to avail Trade Enablement Facilities from partner Lenders.

Representations and Warranties

For the purposes of availing Trade Enablement Facilities from partner Lenders, you hereby represent and warrant that:

  1. you understand and recognise Ninja Kirana as merely a technology service provider facilitating the interaction between eligible Users and partner Lenders.

  2. you are (a) an Indian citizen, and (b) 18 years or above and are otherwise legally competent to enter into a binding agreement.

  3. you will inform Ninja Kirana and/or partner Lenders of any change in your residential status.

  4. all User Information provided by, and filled in by you are true, correct, and accurate, and that you have not withheld or suppressed any material User Information.

  5. you will share any additional User Information required for the processing of Trade Enablement Facility applications.

    User Application

    In order for the User to be able to avail Trade Enablement Facilities, the User will need to meet certain eligibility criteria specified by the relevant partner Lender. The User must answer all questions raised on the Platform or otherwise by Ninja Kirana in relation to the Trade Enablement Facility in an honest manner.

    Ninja Kirana may assist its partner Lenders in processing Trade Enablement Facility applications made through the Platform by collecting User Information (on behalf of partner Lenders) as required by the partner Lenders, which may include ‘Know Your Customer’ (KYC) data, income, User photographs, purpose of the Trade Enablement Facility, bank statements etc. Ninja Kirana does not engage in the verification of User Information, and such verification is undertaken by partner Lenders. More details regarding the collection and processing of this information are provided in the Privacy Policy. Ninja Kirana may also monitor User actions associated with the Trade Enablement Facility, through the information collected from User’s loan account (i.e., account in which loan amount is transferred by partner Lenders), sales or purchases made via the Platform, successful delivery of User goods etc., by relying on the services of Third Parties.

    Ninja Kirana may forward Trade Enablement Facility applications to partner Lenders based on the metrics shared by said partner Lenders. Ninja Kirana does not decide on the creditworthiness of any Trade Enablement Facility application made by a User. Our partner Lenders may assess the Trade Enablement Facility application and upon their sole discretion choose to grant / not grant a Trade Enablement Facility to the User. The partner Lender shall have the right but not the obligation to provide the reason for its decision to the User. If the partner Lenders choose to grant eligible Users a Trade Enablement Facility, the User will be required to:-

    1. execute the Loan Agreements to the partner Lenders satisfaction, and

    2. to fulfil any other condition prescribed by the partner Lender such as granting the partner Lender a NACH mandate or the Users providing guarantees to partner Lenders for the Trade Enablement Facility, as required.

Repayment and Collection

Ninja Kirana may, pursuant to any agreements entered into between Ninja Kirana and its partner Lenders, assist its partner Lenders in relation to the Trade Enablement Facility provided to the eligible User, including for the collection or repayment of any fees, charges or other amounts owed to them by eligible Users in accordance with the Loan Agreement. The eligible User agrees and acknowledges that Ninja Kirana may be required to inter alia collect or recover any sums owed to the partner Lender by the eligible User, or undertake any other actions necessary for Ninja Kirana to fulfil its obligations to the partner Lender, pursuant to the Trade Enablement Facility provided to the eligible User, including however, not limited to remittance of such amount collected/recovered to the partner Lender. Any collection including in relation to default shall be in accordance with the Loan Agreement.

It is hereby clarified that the eligible Users shall be solely liable for all consequences associated with the eligible User’s breach of obligations in relation to the Trade Enablement Facility, including any inability to repay the borrowed amounts, and Ninja Kirana may undertake all such actions, including as set out under the Terms, in relation to recovering such amounts.

The User agrees that no authorisation letter or other documentation will be required by Ninja Kirana to exercise any rights under this Trade Enablement Facility Terms.

Eligible User Consents and Authorisations

By clicking ‘I Accept’, you consent to, and authorize Ninja Kirana to process or share User Information collected from you with partner Lenders and relevant Third Parties for

  1. availing the Trade Enablement Facility, and

  2. for purposes outlined under these Trade Enablement Facility Terms. You acknowledge that your provision of Aadhaar details is purely voluntary, and you may provide other identification documents such as any other two ID & address proof. You will not be denied any service by Ninja Kirana merely for the reason of not submitting Aadhaar details. You consent to, and authorize Ninja Kirana to act as your authorised representative in order to receive your credit information from authorised credit bureaus to provide services to you, including but not limited to the provision of support services associated with the Trade Enablement Facility. Ninja Kirana may share your credit information in terms of the Privacy Policy as may be required for offering such Trade Enablement Facilities. The User will also be required to provide additional consents and authorisations to partner Lenders under the Loan Agreement and agrees that any processing of User Information by partner Lenders will be pursuant to said consent.

Grievance Redressal

In case of any complaints or grievances with regard to the Trade Enablement Facility availed from partner Lenders, you may reach out to your partner Lender for assistance as per details given in their Borrower Agreement.

You may also contact Ninja Kirana at queries@ninjacart.com or on telephone 080-35018270