These terms and conditions (“Terms”) govern the use of or access to http://www.billbag.in
(“Website”), the “Billbag” mobile application (“App”), and the Services (defined below). The
Website and App are collectively referred to as the “Platform”.
guidelines, additional terms, policies, or disclaimers made available or issued by us from
time to time. These Terms may be updated by us, without notice to you and the Terms, as
amended, shall apply to you from time to time. You can always review the most current
version of these Terms on the Platform.
These Terms constitute a binding and enforceable legal contract between BillBoxit
Technologies Private Limited (“Billbag”) and a User (defined below) or any end user of the
Services (collectively, “you”). You represent and warrant that you (a) have full legal
capacity and authority to agree and bind yourself to these Terms, (b) are eighteen years of
age or older, and (c) are an Indian resident. If you represent an entity, organisation, or
any other legal person, you confirm and represent that you have the necessary power and
authority to bind such entity, organisation, or legal person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these
Terms, and that you comply with the requirements listed herein. If you do not agree to all
of these Terms or comply with the requirements herein, please do not access the Platform or
use the Services.
The Platform allows small businesses such as vendors,
merchants, and suppliers (hereafter, “Merchants”) to record their daily
transactions, such as the sale and purchase of goods and services, with their
customers (“Customers”). In addition, the Platform uses technology to facilitate
transactions between Merchants and Customers and uses data-backed insights to meet
Users’ untapped needs. Further, Billbag facilitates the provision of financial
products and services to Users (all the services described here, including the
provision of the Platform and its features, collectively constitute the “Services”).
Merchants and Customers are collectively referred to as
“Users”. For the avoidance of doubt, a Merchant may be considered a Customer in
certain transactions (and vice versa). For example, in a situation where the
Merchant purchases goods and services from a supplier that are recorded on the
Platform, the Merchant would be considered a Customer and the supplier a Merchant.
To avail the Services, a Merchant would be required to create a merchant profile on
the Platform (“Profile”). In addition to setting up username and password to create
the Profile, the Merchant will be required to furnish certain details, including but
not limited to phone numbers and details of their businesses. The Merchant warrants
that all information furnished in connection with its Profile is and shall remain
accurate and true in all respect, and agrees that it shall promptly update its
details on the Platform in the event of any change or modification.
The Merchant is solely responsible for maintaining the security and
confidentiality of its username and password, and agrees to immediately notify
Billbag of any disclosure or unauthorised use of its Profile or any other breach of
security with respect to its Profile.
The Merchant expressly agrees to be liable and accountable for all activities
that take place through its Profile. Billbag shall in no manner be held liable for
any unauthorised access to a Merchant’s Profile.
The Merchant agrees to receive communications from Billbag regarding: (i)
information relating to transactions recorded on the Platform; (ii) requests for
payment; (iii) information about Billbag and the Services; (iv) promotional offers
and services from Billbag and its third party partners, and (v) any other matter in
relation to the Services.
Billbag may be required to undertake certain “know your customer” processes in
relation to Users who intend to avail certain features of the Services. In this
regard, Billbag from time to time shall require Users to upload information and
documents that may be necessary to ascertain their eligibility to use certain
features of the Services (“KYC Documents”)
The User authorises Billbag, and any third-party service provider it may engage
with, to process KYC Documents and ascertain its eligibility. Any processing
agrees that it may be subject to additional terms of service in the event a third
party processes information under this Clause. Further, In the event any additional
information, data, or documentation is required to determine eligibility
(collectively, “Additional Information”), the User hereby agrees to share such
Additional Information promptly upon request, and further, authorises Billbag to
process such Additional Information.
The User agrees and warrants to provide true, complete, and up-to-date KYC
Documents and Additional Information. The User further acknowledges that (i) any
false or misleading information provided in this regard shall constitute a material
breach of these Terms, and (ii) its access to certain features of the Services may
be limited or denied if it fails to share KYC Documents and Additional Information.
Merchants may upload information relating to transactions with Customers,
including the sale of goods or services, costs, amounts paid and payable, and
details of goods and services, on the Platform (such information is referred to as
“Transaction Information”). Transaction Information may be exchanged between
Merchants and Customer through telephonic calls, text message, WhatsApp, email, or
other electronic mediums that would depend on the contact details of Merchants and
Customers provided on the Platform.
At the time of creating or uploading the first Transaction Information with
respect to a Customer, the Merchant shall inform such Customer of its use of the
Platform to record such Transaction Information and Transaction Information related
to future transactions and seek such Customer’s express consent in this regard and
The creation of a profile of the Customer on the Platform, which will
require sharing such Customer’s phone number and contact details with
Receive communications from Billbag regarding: (A) information
relating to their transactions recorded on the Platform; (B) requests
for payment; (C) information about Billbag and the Services; (D)
promotional offers and services from Billbag and its third party
partners, and (E) any other matter in relation to the Services.
Should the Customer fail to provide consent, or withdraw consent, the Merchant
shall immediately cease to use the Services in relation to that Customer.
Third Party Services
The Services may include services, content, documents, and information owned by,
licensed to, or otherwise made available by a third party (“Third Party Services”)
or contain links to Third Party Services. Users understand that Third Party Services
are the responsibility of the third party that created or provided it and
acknowledge that use of such Third Party Services is solely at their own risk.
Billbag makes no representations and excludes all warranties and liabilities
arising out of or pertaining to such Third Party Services, including their accuracy
or completeness. Further, all intellectual property rights in and to Third Party
Services are the property of the respective third parties.
The User represents and warrants that all information that is provided through or
in relation to the Services is complete, true, and correct on the date of agreeing
to these Terms and shall continue to be complete, true, and correct while the User
avails the Services. Should any information that the User provides change during the
existence of these Terms, the User undertakes to immediately bring such change to
Billbag’s notice. Billbag does not accept any responsibility or liability for any
loss or damage the User may suffer or incur if any information, documentation,
material, or data provided to avail the Services is incorrect, incomplete,
inaccurate, or misleading, or if the User fails to disclose any material fact.
The User 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
its obligations in this regard.
The User shall extend all cooperation to Billbag in its defence of any
proceedings that may be initiated against it due to a breach of the User’s
obligations or covenants under these Terms.
While Billbag uses commercially reasonable efforts to provide Users with a daily
backup of their Transaction Information, Users should regularly and independently
save, backup, and archive such Transaction Information.
The User shall not use the Services in any manner except as expressly permitted in
these Terms. Without limiting the generality of the preceding sentence, the User may
infringe any proprietary rights, including but not limited to
copyrights, patents, trademarks, or trade secrets, of any party;
except as may be provided hereunder, copy, display, distribute, modify,
publish, reproduce, store, transmit, post, translate, create any
derivative works from, or license the Services;
use the Services to transmit any data or send or upload any
material that contains viruses, Trojan horses, worms, time-bombs,
keystroke loggers, spyware, adware, or any other harmful programmes or
similar computer code designed to adversely affect the operation of any
computer software or hardware;
use any robot, spider, other automated device, or manual process to
monitor or copy the Platform or Services or any portion thereof;
engage in the systematic retrieval of content from the Platform or
Services to create or compile, directly or indirectly, a collection,
compilation, database or directory;
use the Services in (A) any unlawful manner, (B) for fraudulent or
malicious activities, or (C) in any manner inconsistent with these
violate applicable laws in any manner.
Our Intellectual Property
All rights, title, and interest in and to the Platform and Services, including
all intellectual property rights arising out of the Platform and Services, are owned
by or otherwise licensed to Billbag. Subject to compliance with these Terms, Billbag
grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free,
revocable, and limited licence to use the Platform and Services in accordance with
these Terms and its written instructions issued from time to time.
Billbag may request Users to submit suggestions and other feedback, including bug
reports, relating to the Platform or Services from time to time (“Feedback”).
Billbag may freely use, copy, disclose, publish, display, distribute, and exploit
the Feedback without any payment of royalty, acknowledgement, prior consent, or any
other form of restriction arising out of the User’s intellectual property rights.
Except as stated in these Terms, nothing in these Terms should be construed as
conferring any right in or license to Billbag’s or any third party’s intellectual
Term And Termination
These Terms shall remain in effect unless terminated in accordance with the terms
Billbag may terminate a User’s access to or use of the Services, or any portion
thereof, immediately and at any point, at its sole discretion if the User violates
or breaches any of its obligations, responsibilities, or covenants under these
Upon termination under Clause 8(b):
the Services will “time-out”;
the User shall not be eligible to avail any features of the Services;
these Terms shall terminate, except for those clauses that
expressly or are intended to survive termination or expiry
Notwithstanding anything to the contrary contained in the Terms, upon termination
of a User’s access to or use of the Services, all amounts or outstanding monies due
by you in relation to your use of or access to the Services shall become immediately
Disclaimers And Warranties
The use of the Services is at your sole risk.
You acknowledge and agree that Billbag is not engaged in the provision, grant, or
disbursement of any financial product. Billbag is not and will not be responsible
for any claim or for any damages suffered that are related, directly or indirectly,
to or arise out of the use of financial products.
Billbag is merely a technology platform service provider and:
is not registered with the Reserve Bank of India;
does not hold any licence to engage in any activities relating to
financial products; and
is not a financial institution under the Companies Act, 2013 or the
Banking Regulation Act, 1949 or any other laws for the time being in
force in India; and
To the extent permitted by applicable law, the Services are provided on an “as
is” and “as available” basis. Billbag does not warrant that operation of the
Services will be uninterrupted or error free or that the functions contained in the
Services will meet your requirements.
To the fullest extent permissible under applicable law, Billbag expressly
disclaims all warranties of any kind, express or implied, arising out of the
Services, including warranties of merchantability, fitness for a particular purpose,
satisfactory quality, accuracy, title and non-infringement, compatibility,
applicability, usability, appropriateness, and any warranty that may arise out of
course of performance, course of dealing, or usage of trade.
You hereby accept full responsibility for any consequences that may arise from
your use of the Services, and expressly agree and acknowledge that Billbag shall
have absolutely no liability with respect to the same.
To the fullest extent permissible by law, Billbag, its affiliates, and its
related parties each disclaim all liability to you for any loss or damage arising
out of or due to:
your use of, inability to use, or availability or unavailability of
the Services, including any Third Party Services;
the occurrence or existence of any defect, interruption, or delays
in the operation or transmission of information to, from, or through the
Services, communications failure, theft, destruction or unauthorised
access to Billbag’s records, programmes, services, server, or other
infrastructure relating to the Services; or
the failure of the Services to remain operational for any period of
Notwithstanding anything to the contrary contained herein, neither Billbag nor
any of its affiliates or related parties shall have any liability to you or any
third party for any indirect, incidental, special or consequential damages or any
loss of revenue or profits arising under, directly or indirectly, or relating, in
any manner whatsoever, to these Terms or the Services. To the maximum extent
permitted by law, you agree to waive, release, discharge, and hold harmless Billbag,
its affiliated and subsidiary companies, its parent companies, and each of their
directors, officers, employees, and agents, from any and all claims, losses,
damages, liabilities, expenses and causes of action arising out of the Services.
You shall indemnify, defend at Billbag’s option, and hold Billbag, its parent
companies, subsidiaries, affiliates, and their officers, associates successors,
assigns, licensors, employees, directors, agents, and representatives, harmless from
and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities,
damages and costs (including, without limitation, from all damages, liabilities,
settlements, costs and attorneys’ fees) due to or arising out of your access to the
Services, use of the Services, violation of these Terms or any infringement by any
third party who may use your account with Billbag, of these Terms.
Consent To Use Data
your information and technical data and related information.
Billbag may use information and data pertaining to your use of the Services for
analytics, trends’ identification, and purposes of statistics to further enhance the
effectiveness and efficiency of the Platform.
Subject to applicable laws, Billbag may be directed by law enforcement agencies
or the government and related bodies to disclose data in relation to Users in
connection with criminal proceedings. You understand and agree that in such
instances, Billbag shall have the right to share such data with relevant agencies or
Billbag reserves the right at any time to add, modify or discontinue, temporarily or
permanently, the Services (or any part thereof) with or without cause. Billbag shall
not be liable for any such addition, modification, suspension or discontinuation of
Jurisdiction, Governing, Governing Laws and Dispute Resolution
These Terms shall be governed by and construed and enforced in accordance with the
laws of India. Subject to other provisions in this Clause, courts in Bangalore shall
have exclusive jurisdiction over all issues arising out of these Terms or the use of
Any controversies, conflicts, disputes, or differences arising out of these Terms
shall be resolved by arbitration in Bangalore in accordance with the Arbitration and
Conciliation Act, 1996 for the time being in force, which is deemed to be
incorporated by reference in this Clause. The tribunal shall consist of 1 (one)
arbitrator appointed by Billbag. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not
disclose to any person, other than on a need to basis or to legal advisors, unless
required to do so by law. The decision of the arbitrator shall be final and binding
on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
Modification – Billbag reserves the right at any time to modify these Terms and
to add new or additional terms or conditions on use of the Services. Such
modifications and additional terms and conditions will be communicated to you and,
unless expressly rejected (in which these Terms shall terminate), will be effective
immediately and will be incorporated into these Terms. In the event you refuse to
accept such changes, these Terms will terminate.
Severability - If any provision of these Terms is determined by any court or
other competent authority to be unlawful or unenforceable, the other provisions of
these Terms will continue in effect. If any unlawful or unenforceable provision
would be lawful or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect (unless that
would contradict the clear intention of the clause, in which case the entirety of
the relevant provision will be deemed to be deleted).
Assignment - You shall not licence, sell, transfer or assign your rights,
obligations, or covenants under these Terms in any manner without Billbag’s prior
written consent. Billbag may grant or withhold this consent in its sole discretion
and subject to any conditions it deems appropriate. Billbag may assign its rights to
any of its affiliates, subsidiaries, or parent companies, or to any successor in
interest of any business associated with the Services without any prior notice to
Notices - All notices, requests, demands, and determinations for Billbag under
these Terms (other than routine operational communications) shall be sent to
Third Party Rights - No third party shall have any rights to enforce any terms
Translations – Billbag may provide you with translated versions of these Terms
solely to assist you with understanding these Terms in greater detail. The English
version of these Terms shall be controlling in all respects. In the event of any
inconsistency between the English version of these Terms and any translated version,
the terms of the English version shall prevail.