These terms and conditions (“Beneficiary Agreement”) govern Your (the “Beneficiary”, “You” or “Your”) receipt of house rent, office rent, security deposit, token payment(s), education fees, tuition fees and other related payments (“Payments”) made to You through the rent and education fee payment services (“Services”) offered by Nestaway Technologies Private Limited (CIN: U72400KA2014PTC078018), having its registered office at No. 556, Tattvam, 14th Main, Sector 7, HSR Layout, Bengaluru 560102 (“Nestaway”, “Company”, “we” or “us”) through the Housing.com website and mobile application (the “Platform”) operated by Locon Solutions Private Limited (“Housing”). Housing operates the Platform through which the Services are made available, but is not a party to this Beneficiary Agreement and does not collect, hold or pay any Payment. This Beneficiary Agreement is separate from, and in addition to, the User Agreement entered into between the Company and the user who has instructed the Payment to You (the “User”), and governs solely Your relationship with the Company as the recipient of such Payment, whether You receive the Payment as a landlord/lessor in respect of a rental or lease arrangement, or as an educational institution, tuition provider or other fee-recipient in respect of an educational or tuition arrangement.

You have received a link to this Beneficiary Agreement, including via WhatsApp to the mobile number provided to the Company by the User, because the User has instructed the Company to make a Payment to You. By clicking to accept, reviewing and completing the onboarding process on the Platform, You expressly agree to be bound by this Beneficiary Agreement. If You do not agree to this Beneficiary Agreement, or do not complete the onboarding process, the Company shall be entitled to withhold, delay or decline settlement of the Payment to You. You agree and acknowledge if onboarding is not completed within (48) hours of the link being sent to You, the amount debited from the User’s account shall be credited back to the User in accordance with the User Agreement.

This Beneficiary Agreement is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder, as amended from time to time, and is generated by a computer system and does not require any physical or digital signature. Your acceptance of this Beneficiary Agreement, whether by clicking the acceptance button, entering a one-time password sent to Your mobile number, or completing the onboarding process, together with the records of such acceptance maintained by the Company (including the date, time, mobile number, IP address and device details), shall constitute valid and conclusive evidence of Your acceptance and shall be binding on You.

Company is providing Services, made available through the Platform, through which a User may remit house rent, office rent, security deposit, token payment(s), education fees, tuition fees or other related payments to You on the User’s instruction, as applicable, as their landlord or lessor, or as their educational institution, tuition provider or other fee-recipient.

By completing the onboarding process, You confirm that there is a valid underlying relationship between You and the User - whether a lessor-lessee or landlord-tenant relationship, or a contractual or service relationship for the provision of educational or tuition services, as applicable - and that the amount(s) sought to be remitted to You represent the actual value payable to You under Your arrangement with the User.

Company is not a party to, and has no visibility into, the underlying rental, lease, educational or tuition arrangement between You and the User, and does not independently verify the validity, existence or terms of that arrangement, or Your title, ownership or right to receive the Payments as landlord or lessor, or Your accreditation, registration, licences, qualifications or authority to provide educational or tuition services, as applicable. Completion of the Company's onboarding checks, or acceptance of this Beneficiary Agreement, does not constitute the Company's confirmation, endorsement, certification or guarantee of Your identity, title, ownership, accreditation, registration, qualifications, competence, authority or legitimacy. You shall remain solely responsible for the legitimacy of the Payments received by You and, where You are the provider of the underlying educational or tuition or rental services, for the legitimacy and proper provision of such services.

Nothing in this Beneficiary Agreement shall be construed as creating any agency, partnership, employment or fiduciary relationship between You and the Company. The Company is not, and shall not be deemed to be, Your agent or the agent of the User.

The Company is not a bank or financial institution and does not offer banking, lending or any other financial services. Payments are processed through facility providers or payment aggregators authorised by the Reserve Bank of India.

The Company is not a party to the arrangement between You and the User and shall not be responsible for resolving any dispute between You and the User relating to the underlying rental or lease arrangement (including rent, security deposit, possession, maintenance or termination) or to the educational or tuition services (including their quality, delivery, duration, outcomes, cancellation or refund). Any such dispute shall be resolved directly between You and the User, and the Company shall have no responsibility or liability in relation to such disputes.

You shall remain solely responsible for the performance of Your obligations to the User, including, as applicable, the provision of the relevant rental, lease, educational or tuition services and the fulfilment of all commitments, representations and warranties made by You to the User in connection therewith.

Before any Payment is made to You, You shall be required to complete an onboarding process on the Platform and provide such documents, details and information as the Company may require to verify Your identity and bank account details, including but not limited to Your PAN, Aadhaar (only by way of offline verification or such other mode as is permitted under applicable law; the Company shall not store Your full Aadhaar number), name, email address, residential or official address, bank account details, and, as applicable, the rent agreement/receipt or other documentation substantiating Your relationship with the User as landlord/lessor, or such registration, accreditation, licence or other documentation as may be required to substantiate Your relationship with the User and Your authority to provide the relevant educational or tuition services (“Beneficiary Data”).

You confirm and warrant that all Beneficiary Data provided by You or by the User on your behalf is accurate, current and complete, and You shall promptly notify the Company of any change, including any change in Your name, ownership or control, address or contact details, bank account, PAN or other identification details, authority or legal status, the sale, transfer or encumbrance of the relevant property or the termination of the tenancy, or, where applicable, any change in the registration, accreditation, licence or affiliation status of Your institution or services. You shall be solely responsible for the accuracy, completeness, currency and legality of all Beneficiary Data provided by You or by a User on Your behalf, including any Beneficiary Data provided by a User pursuant to any authority granted by You. You shall bear all consequences, losses, damages, claims, costs and expenses arising out of or in connection with any inaccurate, incomplete, outdated, misleading or unlawfully provided Beneficiary Data, including any delay, misdirection, rejection or failure of payment or settlement resulting therefrom. The Company shall have no responsibility or liability for any such consequences.

The Company may, itself or through its Third-Party Service Providers, conduct such verification checks on the Beneficiary Data as it considers necessary, including for KYC and anti-money laundering compliance, and may request additional information or documentation at any time.

You further acknowledge, agree and undertake that:

“Personal Information” means the Beneficiary Data and any other data or information relating to You collected, processed or stored by the Company in connection with the Services. The processing of Your Personal Information is governed by this clause and the Privacy Policy set out in this Beneficiary Agreement.

Some of Your Personal Information (including Your name, mobile number, bank account details and the amount payable to You) is provided to the Company by the User when the User instructs a Payment to You. Until You complete onboarding, the Company holds such information on behalf of the User and uses it solely to send You the link to this Beneficiary Agreement and to hold the User’s payment instruction, and conducting KYC checks, bank account verification (including penny drop verification) and such other verification services as may be necessary in relation to You as the Beneficiary.

You acknowledge and confirm that the User has duly informed You about the collection, storage and processing of the Beneficiary Data by Housing and the Company, including the purposes for which such information may be processed, and that the User has obtained Your requisite consent for such collection, storage and processing, wherever required under applicable law. Notwithstanding the foregoing, the Company may retain Your information for a longer period where required to comply with applicable laws, regulatory requirements or directions issued by any competent authority.

By ticking the consent box provided for this purpose during onboarding (which is separate from Your acceptance of this Beneficiary Agreement), You provide Your free, specific, informed and unambiguous consent, in accordance with the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000 and the rules made under each (as applicable and as may be updated from time to time), to the Company collecting, processing, storing and using Your Personal Information for the purposes of: (a) verifying Your identity and bank account details; (b) effecting, reconciling and supporting settlement of the Payment(s) to You; (c) complying with the Company's KYC, anti-money laundering and other statutory or regulatory obligations; (d) responding to grievances, disputes and chargebacks relating to the Payment(s); and (e) communicating with You in relation to the Services, including via WhatsApp, SMS or email.

Processing of Your Personal Information for the purposes at (c) above, and at (d) above to the extent required by law, is also carried out to comply with the Company’s obligations under applicable law. Such processing does not depend on Your consent and may continue, for so long as required by law, notwithstanding any withdrawal of consent.

You further consent to the Company sharing Your Personal Information with: (i) the User, to the extent necessary to confirm receipt or status of the Payment; (ii) Housing, Nestaway's group companies, and their respective Third-Party Service Providers and Facility Providers (including banks, payment aggregators and card networks) engaged in facilitating the Services; and (iii) regulators, law enforcement agencies or other governmental authorities, where required by applicable law.

You may withdraw Your consent at any time by writing to the Company's Grievance Officer at the contact details set out below, provided that such withdrawal shall not affect the lawfulness of any processing carried out prior to withdrawal, and may result in the Company being unable to complete or continue facilitating Payments to You.

Your consent to communications extends to transactional and service messages sent by WhatsApp, SMS, email or telephone, notwithstanding any registration on a Do Not Disturb or similar preference registry, to the extent permitted by applicable law.

For the purposes of this clause, ‘Third-Party Service Provider’ means any service provider, including payment aggregators, payment gateways, banks, UPI providers and card networks (together, “Facility Providers”), with whom the Company has an arrangement for the purposes of making the Services available. The Company shall have no liability for the acts or omissions of any such Third-Party Service Provider or Facility Provider.

Upon receipt of the User’s payment instruction and of the corresponding funds from the User, and completion of the applicable verification (including verification of Your bank account as set out in the Onboarding & KYC Documentation clause), the Payment shall be made to Your verified bank account, in accordance with the User’s payment instructions. You acknowledge and agree that the Company makes the Payment solely on behalf of the User and in accordance with the User’s instructions and shall have no responsibility or liability for any dispute, claim, loss or damage arising out of or in connection with the underlying transaction or arrangement between You and the User, including the accuracy of the payment instructions provided by the User.

The Company does not guarantee any specific timeline for settlement; any timelines indicated on the Platform are indicative only. The Company shall not be responsible for any delay occasioned by any action or inaction of any bank, Facility Provider or Third-Party Service Provider.

The Company may withhold, delay or decline settlement of any Payment where: (a) Your bank account or KYC details are incomplete, incorrect or pending verification; (b) the transaction is suspected to be fraudulent, unauthorised or in violation of this Beneficiary Agreement; (c) there is a pending dispute, chargeback or regulatory enquiry in relation to the transaction; or (d) required by applicable law or the order of any regulatory or governmental authority. The Company shall notify You accordingly.

Where the Company has carried out the bank account verification described in this Beneficiary Agreement, it shall not be responsible or liable for any wrongful credit, misdirected payment, loss, damage or delay arising out of or in connection with incorrect, inaccurate or incomplete bank account details provided by the User.

If the Company determines, acting reasonably, that a Payment does not correspond to a valid and subsisting arrangement between You and the User, or is duplicate, misdirected, fraudulent or unauthorised, the Company shall have the right to cancel, withhold, suspend, reverse or otherwise decline to process such Payment, and/or reverse the relevant amount to the User’s source account. Where the relevant amount has already been settled to You, You shall, upon the Company’s request, refund such amount to the Company within five (5) Business Days (being days, other than Saturdays, Sundays and public holidays, on which banks are open). The Company shall not be liable for any loss, claim, damage or dispute arising from any action taken in accordance with this Clause.

You shall be solely responsible for determining, reporting, remitting and complying with all applicable taxes, including income tax, TDS reconciliation and, where applicable, GST, in respect of the Payments received by You. The Company shall have no obligation to deduct, withhold, deposit, report or account for any taxes on Your behalf, and You shall be solely responsible for fulfilling all applicable tax-related obligations arising from such Payments.

You shall be solely responsible for processing any returns, refunds or adjustments due to the User in respect of amounts received by You through the Platform.

A Payment may be charged back or reversed (a “Chargeback”) where the transaction is disputed by the User, reversed by a bank or card network, found to be unauthorised, or alleged to be unlawful, suspicious or in violation of this Beneficiary Agreement. You agree to provide, at Your own expense, any documents or information reasonably required by the Company to investigate or contest a Chargeback within 5 (five) business days of the Company's request. If You fail to respond or provide adequate documentation within the timeframe specified by the applicable Facility Provider or card network (which failure shall be deemed to be Your acceptance of the Chargeback), or if the Chargeback is upheld, the Company shall be entitled to recover the disputed amount, together with any associated fees, fines or penalties, by set-off against any current or future settlement amount payable by You, or by demanding direct payment from You, which You shall make promptly on demand, and Your use of the Platform may be blocked for such period as the Company considers appropriate.

You agree that You shall not use the Services, or receive Payments through the Platform, for any purpose that: (a) involves money laundering, terrorist financing, or illicit payments; (b) is fraudulent, deceptive or unlawful; (c) involves the sale or provision of any prohibited goods or services, including counterfeit goods, narcotics, weapons, hazardous materials, government identification documents, or gambling-related products/services; (d) involves the provision of educational or tuition services without the registrations, accreditations, licences or qualifications required under applicable law; or (e) otherwise violates applicable law. The Company reserves the right to withhold settlement, suspend Your onboarding, or report any suspected violation of this clause to the appropriate authorities.

Without limiting the above, You shall not: (i) create, participate in or facilitate any fictitious, exaggerated, speculative or otherwise non-genuine rental, lease, fee or other arrangement, or misrepresent the nature, purpose or amount of any Payment; (ii) receive any Payment as part of a self-to-self or circular transaction, or act as a nominee or conduit for the User so that funds are returned to, or applied for the benefit of, the User and not for the genuine purpose of the Payment; (iii) use the Platform to enable the User or any other person to obtain cashback, rewards, credit or other benefits in violation of applicable law or of the terms of the relevant programme or Facility Provider; (iv) route or divert funds to unrelated or unverified third parties, or obscure the identity, origin or destination of funds; (v) provide false, forged, altered, incomplete or misleading documents or information; or (vi) attempt to bypass, evade or undermine the Company's KYC, anti-money laundering, verification, compliance or fraud-monitoring systems.

You further agree not to use the Platform or the Services, or upload, submit, transmit or otherwise make available any content through the Platform or the Services, in any manner that:

In the event that Your bank account is found to be fraudulent, is suspected of being involved in fraudulent or unlawful activities (including, without limitation, money laundering, tax evasion or any other financial misconduct), is blacklisted or frozen by any competent authority, or is subject to any sanction, restriction or adverse action imposed by any competent authority, You and the User shall be jointly and severally responsible and liable for all consequences arising therefrom, including any losses, claims, penalties, fines, costs or liabilities incurred by the Company in connection with such activities or actions.

Where the Company identifies, or reasonably suspects, any such conduct, it may, without prior notice and without liability, freeze or withhold settlements, reverse transactions, suspend or terminate Your access, require additional documents or explanations, and report the matter to regulatory, governmental or law-enforcement authorities. The Company's determination as to whether a transaction or activity is prohibited, suspicious or high-risk shall be made in its reasonable discretion.

You represent and warrant that: (a) You have full legal right, capacity and authority to receive the Payments and to enter into this Beneficiary Agreement; (b) where the Payments relate to a rent or lease arrangement, a valid and subsisting lessor-lessee relationship exists between You and the User, and You are legally entitled and duly authorised to receive the relevant Payments under such arrangement (or are otherwise duly authorised to receive the Payments on the landlord's/lessor's behalf); and, where the Payments relate to educational or tuition services, You possess all necessary registrations, accreditations, licences, permits and qualifications required under applicable law to provide the educational or tuition services for which the Payments are made; (c) all Beneficiary Data and other information provided by You or by any User on Your behalf is and shall remain true, accurate, current and complete; (d) You shall comply with all applicable laws, including those relating to education, consumer protection, anti-money laundering and tax, as applicable, in connection with the Payments; and (e) You are not barred, suspended or disqualified from receiving payments through the Platform under applicable law or by any regulatory or governmental authority.

You further represent, warrant and undertake that: (i) Your entry into and performance of this Beneficiary Agreement does not breach any agreement, obligation or duty by which You are bound; (ii) the Payment corresponds to a genuine, lawful and subsisting arrangement between You and the User; (iii) You shall not make any false, exaggerated or misleading claim to the User or the Company; (iv) where applicable, the educational or tuition services offered by You comply with all applicable laws (including those relating to education, consumer protection, data protection and advertising) and are delivered with reasonable skill, care and diligence; and (v) You shall maintain accurate records of the underlying arrangement and the Payments (including rent agreements and receipts, or fee receipts, as applicable) for such period as is required by applicable law, shall furnish them within 5 (five) Business Days of a request from the Company, a Facility Provider or any regulator, shall cooperate with any reasonable audit, inspection or verification by them, and shall promptly remedy any deficiency identified.

You agree to indemnify and hold harmless the Company, Housing, their respective affiliates, Third-Party Service Providers and Facility Providers, and their respective officers, directors, employees and agents (collectively, “Associates”), against any claims, actions, losses, damages, liabilities, penalties, costs and expenses, including reasonable legal fees, arising out of or in connection with: (a) any breach by You of this Beneficiary Agreement or of any representation or warranty made herein; (b) any inaccurate, incomplete or outdated Beneficiary Data provided by You; (c) any dispute between You and the User regarding the underlying rental, educational or tuition arrangement, including, where applicable, as to title, quality, accreditation or delivery of such arrangement; (d) any claim that You lack title, ownership, registration, accreditation, licence or authority to receive the Payments or to provide the relevant services, as applicable; (e) Your non-compliance with applicable tax or anti-money laundering laws; (f) any negligence, fraud or wilful misconduct by You; (g) any violation of applicable law by You; (h) any fine, penalty or cost imposed on the Company, Housing or any Associate by a regulator, Facility Provider or other third party on account of Your acts or omissions, including Chargebacks, refund requests and disputes attributable to You; or (i) any breach of security or misuse of User information attributable to You. Your obligations under this clause shall survive the termination or expiry of this Beneficiary Agreement.

By completing the onboarding process and accepting this Beneficiary Agreement, You solemnly affirm, declare and consent as follows:

Except as expressly provided in this Beneficiary Agreement, the Company disclaims on its own behalf and on behalf of its Third-Party Service Providers and Facility Providers, any and all representations and warranties, either express or implied, statutory or otherwise, with respect to the Services, including without limitation warranties of merchantability, title, fitness for a particular purpose, non-infringement, or uninterrupted, timely or error-free operation. The Services are provided on an ‘as is’ and ‘as available’ basis.

The Company shall have the right, at its sole discretion, to engage, appoint or subcontract any of its subsidiaries, affiliates, group companies or Third-Party Service Providers to perform or assist in the performance of its obligations under this Beneficiary Agreement, without requiring any further consent from You.

To the maximum extent permitted by applicable law, none of the Company, Housing or their Associates shall be liable to You for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profit, revenue, data, goodwill or business opportunity, arising out of or in connection with this Beneficiary Agreement, the Payments or the Services, whether in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such loss.

Each party shall keep confidential all non-public information disclosed by the other party under this Beneficiary Agreement and use it only for fulfilling its obligations hereunder, save that You acknowledge and agree that the Company may share Your Personal Information and Beneficiary Data with Housing, Nestaway's group companies, their respective Third-Party Service Providers and Facility Providers, payment partners, financial institutions, auditors, legal and other professional advisors, and with regulators, law-enforcement agencies or other governmental authorities as required by applicable law, in each case as set out in the Data Protection & Your Consent clause above.

All rights, title and interest, including all intellectual property rights, in and to the Platform, the Services, and any related technology, designs or content provided by the Company, shall at all times remain the sole and exclusive property of the Company and/or its licensors. Nothing in this Beneficiary Agreement grants You any right, title or licence in or to the same, other than a limited, non-exclusive, non-transferable right to access the Platform for the purposes of this Beneficiary Agreement.

The Company shall have the right, at its sole discretion, to suspend or terminate Your onboarding, decline further Payments to You, or restrict Your access to the Platform: (a) at any time, with or without cause, on reasonable notice to You; or (b) with immediate effect and without notice, in the event of any breach, suspected breach, fraud or non-compliance by You with this Beneficiary Agreement or applicable law, or if required by any regulatory or governmental authority.

The Services are not available to persons under the age of 18 years, or to any person or entity previously suspended, removed or disqualified by the Company from availing the Services. By accepting this Beneficiary Agreement, You represent and warrant that You are at least 18 years of age (or, where You are an entity, duly incorporated/registered and validly existing) and have the legal right, authority and capacity to enter into and comply with this Beneficiary Agreement.

The Company shall not be liable for any delay or failure in the performance of its obligations under this Beneficiary Agreement to the extent such delay or failure is caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, war, terrorism, riots, civil commotion, strikes, lockouts, pandemics, epidemics, governmental actions, orders or restrictions, failure of utilities, disruption of communication or internet services, or any disruption, outage, delay or failure in the services or systems of any Third-Party Service Provider, bank, Facility Provider or other payment partner, which is beyond the Company's reasonable control.

All notices, communications or disclosures under this Beneficiary Agreement shall be in writing and may be given by email, WhatsApp, courier or registered post to the addresses or numbers provided by the parties. Notices to the Company shall be sent to: Nestaway Technologies Private Limited, No. 556, Tattvam, 14th Main, Sector 7, HSR Layout, Bengaluru 560102; email: legal@nestaway.com or payments.grievance@nestaway.com (or such other address as may be notified by the Company from time to time).

If any provision of this Beneficiary Agreement is held to be invalid, illegal or unenforceable by a court or competent authority, such provision shall be severed and the remaining provisions shall continue in full force and effect as if such invalid or unenforceable provision had never formed part of this Beneficiary Agreement.

The Company may assign, novate or transfer this Beneficiary Agreement, or any of its rights or obligations under it, to any group company or any successor to its business, without any notice. You may not assign or transfer this Beneficiary Agreement or any of Your rights or obligations under it without the Company's prior written consent.

This Beneficiary Agreement, together with all schedules, annexures, policies and documents referenced herein (including those available on the Platform), constitutes the complete and exclusive understanding between You and the Company with respect to its subject matter, and supersedes all prior or contemporaneous representations, communications, negotiations and agreements on that subject, whether written or oral.

The laws of India shall govern this Beneficiary Agreement, and the courts at Bangalore, Karnataka, India shall have exclusive jurisdiction over any dispute arising in relation to this Beneficiary Agreement.

In case of any issue, complaint or grievance arising out of or in connection with the Services or this Beneficiary Agreement, You may contact the Company's Grievance Officer using the contact details below:

Email Address: payments.grievance@nestaway.com

Support Team Email Address: payments.support@nestaway.com

The Company reserves the right, at its sole discretion, to vary, amend or introduce new terms into this Beneficiary Agreement, including to comply with applicable law or the requirements of a Facility Provider. Any such change shall become effective upon being made available on the Platform, and the Company shall notify You of any material change by WhatsApp, SMS or email, and it shall be Your responsibility to review this Beneficiary Agreement periodically for updates. Your continued use of the Services, or acceptance of any Payment, after a change takes effect shall constitute Your acceptance of the change. The Company may also modify, restrict, suspend or discontinue any category of Payments or Services, amend its eligibility criteria, require further verification or introduce additional conditions for operational, compliance or regulatory reasons, and shall not be liable for any consequence of doing so.

This Privacy Policy forms an integral part of this Beneficiary Agreement and sets out how the Company, as the Data Fiduciary, processes Your Personal Information in connection with the Services. Personal Information provided by the User before You complete onboarding is processed as set out in the Data Protection & Your Consent clause above. It is issued under the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and constitutes the notice required under the Digital Personal Data Protection Act, 2023 and the rules framed thereunder (“DPDP Law”) as and when the relevant provisions come into force (together, “Data Protection Law”). Terms such as Data Fiduciary, Data Principal, Data Processor and personal data breach have the meanings given to them under the DPDP Law.

(a) Individual Beneficiaries: name, mobile number, e-mail address and residential or official address; PAN, and Aadhaar only by way of offline verification (the Company does not store the full Aadhaar number); bank account details/ UPI ID, penny-drop verification results and name-match verification; the address of the property; and the rent agreement, rent receipts or other documents substantiating Your relationship with the User.

(b) Institutional Beneficiaries: name, PAN or registration details, bank account details/ UPI ID, verification results, the address of the institution, name and contact details.

Your Personal Information is obtained from You, the User, Housing and third-party Service Providers (including verification partners).

The Company processes Your Personal Information only for the following purposes: (i) providing the Services, including Your onboarding, settlement of Payments to You, reversals and Chargebacks; (ii) KYC and verification of Your identity, Your relationship with the User and Your bank account details; (iii) preventing and investigating fraud, prohibited transactions and security incidents; (iv) sending transaction-related communications by SMS, WhatsApp, e-mail or telephone; (v) customer support and grievance redressal; (vi) compliance with applicable law, including KYC, anti-money laundering, tax, accounting and audit requirements, directions of the Reserve Bank of India, and lawful requests or orders of courts, regulators and law enforcement agencies; and (vii) improving the Services using aggregated or de-identified data. The Company does not use Your Personal Information for promotional communications without Your separate opt-in consent. The Company does not sell Your Personal Information.

You consent to the processing of Your Personal Information for purposes (i) to (v) and (vii) above by ticking the consent box during onboarding, as set out in the Data Protection & Your Consent clause above. Processing for purpose (vi) is also a legitimate use under the DPDP Law and does not depend on Your consent. You may withdraw Your consent at any time, with the same ease with which it was given, by writing to data.grievances@nestaway.com. Withdrawal shall not affect the lawfulness of processing carried out before withdrawal, or processing required under applicable law. Where consent necessary for the Services is withdrawn, the Company may be unable to settle Payments to You, and any Payment pending settlement shall be dealt with in accordance with this Beneficiary Agreement and the User Agreement.

The Company may share Your Personal Information only to the extent necessary for the above purposes with: (a) Housing, which operates the Platform and communicates with You on the Company’s behalf; (b) third-party service providers and facility providers, including payment aggregators, banks, card networks, verification agencies and cloud, communication and customer support service providers; (c) the User, to the extent of Your name and the status, amount, date and reference of the Payment; (d) group companies of the Company within Aurum PropTech Limited, auditors and professional advisors, on a need-to-know basis and subject to confidentiality obligations; (e) government, regulatory, judicial and law enforcement authorities, where required under applicable law; and (f) any successor to the business of the Company. Your bank account details and KYC documents are not shared with the User. The Company engages Data Processors only under written contracts requiring them to process Your Personal Information on the Company’s instructions and to maintain reasonable security safeguards.

Any transfer of Your Personal Information outside India shall be made only as permitted under Data Protection Law. The Company retains Your Personal Information for as long as necessary for the purposes set out above or as required under applicable law (including tax, accounting, anti-money laundering and Reserve Bank of India requirements and the limitation period for any claim or dispute). Where You do not complete onboarding, the Personal Information provided by the User shall be deleted once the Payment has been credited back to the User, save where its retention is required under applicable law.

The Company maintains reasonable security practices and procedures, including encryption, access controls on a need-to-know basis and logging and monitoring of access, and requires its Data Processors to do the same. In the event of a personal data breach, the Company shall notify the affected Data Principals, the Data Protection Board of India, CERT-In and any other authority in the manner and within the timelines prescribed under applicable law.

Subject to applicable law, You may: (a) obtain a summary of the personal data processed by the Company, the processing activities undertaken, and the persons with whom it has been shared; (b) seek correction, completion, updating or erasure of Your personal data; (c) withdraw consent as set out above; (d) nominate another individual to exercise these rights in the event of death or incapacity; and (e) have Your grievances redressed. Requests may be made to the Grievance Officer, and the Company may verify the identity of the person making the request. Erasure shall not extend to personal data that the Company is required to retain under applicable law. Grievances shall be addressed in accordance with the Grievance Redressal clause, and a Data Principal may approach the Data Protection Board of India after exhausting that mechanism.

You shall provide authentic information, shall not impersonate any person or suppress any material information while providing personal data, and shall not register any false or frivolous grievance or complaint.

You represent and warrant that all Personal Information provided by You, including the details of any authorised contact person, is accurate, and is provided with the authority and, where required, the consent of the person concerned. Any breach of this paragraph shall constitute a breach of this Beneficiary Agreement for the purposes of the Indemnity clause.

The Company shall not be responsible for any loss or damage arising from: (a) Your disclosure of any OTP, login credentials or bank account credentials; (b) inaccurate or incomplete information provided by You or by the User on Your behalf; (c) processing by Housing for its own purposes, or by any payment aggregator, bank or card network in discharge of its own legal or regulatory obligations, which is governed by their respective privacy policies; or (d) any unauthorised access to Your Personal Information notwithstanding the Company having implemented and maintained reasonable security practices and procedures. The Company’s liability in connection with this Privacy Policy shall be subject to the Limitation of Liability clause, save to the extent such liability cannot be limited or excluded under applicable law.

The Company may amend this Privacy Policy from time to time. Material changes shall be notified to You in the manner set out in this Beneficiary Agreement and, where required under Data Protection Law, the Company shall seek Your fresh consent.