The following terms and conditions (“User Agreement”) govern the use of the rent and allied payment facilitation services (“Services”) offered by Nestaway Technologies Private Limited, a company incorporated under the Companies Act, 2013, having CIN U72400KA2014PTC078018 and its registered office at No. 556, Tattvam, 14th Main, Sector 7, HSR Layout, Bengaluru 560102, Karnataka (“Nestaway” or “Company” or “we” or “us”) through the Housing.com platform operated by Locon Solutions Private Limited (“Housing”). This User Agreement sets out the terms governing your access to and use of the applications, websites, services and tools (collectively referred to as the “Platform Services”). The User shall be bound by and shall comply with all applicable policies, including the privacy policy, as accepted or agreed to by the User. All Users shall be deemed to have read, understood and agreed to be bound by this User Agreement, the applicable terms and conditions and the applicable policies. By accessing or using the Housing.com platform, website or mobile app (the “Platform”) or the Services, the User acknowledges and agrees to be bound by this User Agreement, the applicable terms of use and the applicable privacy policy.

For the purposes of facilitating the rent and allied payment products and services described in this User Agreement, You understand and acknowledge that Nestaway is the contracting party in respect of such products and services. Accordingly, all grievances or disputes relating to chargebacks, refunds and other related matters shall be handled by Nestaway in accordance with the terms of this User Agreement. Housing operates as the user-facing platform through which Users access and avail themselves of the products and services offered by Nestaway, pursuant to an arrangement between Housing and Nestaway.

Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions at any time by posting the revised terms on the Platform. Where any change materially and adversely affects your rights, Company shall give you reasonable prior notice of such change through the Platform, e-mail, SMS or WhatsApp. It is your responsibility to review these terms and conditions periodically for any updates or changes. Your continued use of the Platform following any changes signifies your acceptance and agreement to the revised terms and conditions. As long as you comply with these terms and conditions, Company grants you a limited privilege to use the Platform in order to avail the Services.

In the event of any conflict between this User Agreement and the terms of use of Housing, this User Agreement shall prevail in respect of the Services. This User Agreement is an electronic record under the Information Technology Act, 2000 and the rules made thereunder, and does not require any physical or digital signature.

Company is providing an option to its registered users (hereinafter referred to as “User”, “you” or “your”) for making their house rent, office rental, security deposits, token payments or any other payments through the Platform to their respective landlords or lessors or licensors (“Beneficiary”).

By using this Platform, the User confirms that there is a valid lessee and lessor relationship between the User and the Beneficiary, and the amount being transferred through the Platform is representing the actual value as per the rental agreement executed with such Beneficiary.

We may require you to provide supporting documentation, including the lease agreement, in relation to the arrangement between You and the Beneficiary. However, we are not required to carry out an independent verification of the validity of this relationship between you and the Beneficiary or the quantum of the rental amounts required to be paid further to the inter-se arrangement. The Users are solely responsible to ensure authenticity of transaction and enter correct, current and complete Beneficiary details while making the payment through the Platform. We are only providing a Platform to facilitate the house rent, office rental, security deposits, token payments and any other payments from the User to the Beneficiary and we are not involved in any way in the underlying transactions between the User and the Beneficiary.

The User needs to comply with the relevant regulations if any related to such payments and shall be responsible for any non-compliance or defaults in such payments. We are not a financial institution and do not offer any sort of banking or related financial services. Company is not a bank, payment aggregator or payment system operator. Payments made by you using a credit card or other payment instrument are collected and processed by payment aggregator(s) authorised by the Reserve Bank of India, and engaged by Company.

You acknowledge that the Beneficiary may not be a Company’s User; however, the Beneficiary will be required to accept the Beneficiary Terms and Conditions and complete onboarding on the Platform before any amount is settled to it. Company is not and shall not be deemed to be your agent or the agent of Beneficiary. For the limited purpose of facilitating payments towards house rent, office rent, security deposits, token amounts and any other payments, upon receiving specific instructions from You, we act in accordance with your authorisation and instructions to facilitate such payments to the relevant Beneficiary.

For the purposes of this clause, ‘Third-Party Service Provider’ means and includes any service provider with whom Company has an agreement for the purposes of making the Services available for the User. You acknowledge and agree that we may use the services of the Third-Party Service Providers, to provide the Services and process your transactions. These Third-Party Service Providers may have their own privacy policies and terms of use. By using our Services, the User hereby agrees to be bound by such terms of the Third-Party Service Providers as are made available to the User at the time of the transaction. This is in addition to the terms and conditions set out in this User Agreement. By accepting and agreeing to the Third-Party Service Providers' terms and conditions, you expressly acknowledge that Company acts as a facilitator of your payment to the Beneficiary and that Company shall have no liability for the actions or omissions of the Third-Party Service Providers.

We are required to provide certain information to you in writing. By accepting this User Agreement, you agree that we can communicate with you electronically either by e-mail or by posting notices on the Platform.

While you will be completely responsible for proving the authenticity of the transaction, Company may collect/use/process from You the necessary documents/ details/ information of the Beneficiary, including but not limited to the PAN card, rent agreement, rent receipt, masked Aadhaar (only where voluntarily furnished as one of the officially valid documents), email address, residential address, official address, permanent address, and/or any other relevant information to substantiate the lessor and lessee relationship between you and the Beneficiary (“Beneficiary Data”).

You hereby confirm and acknowledge that the payments are being made directly to the Beneficiary. You hereby agree to be solely responsible for providing all necessary documents, information, and declarations to Company regarding your personal details/ information/ data. While you bear the full responsibility for verifying the authenticity of the transaction(s), Company may collect/use/process/store relevant documents/ information/ data from you. This may include, but is not limited to, your PAN Card, masked Aadhaar (only where voluntarily furnished), name, email address, residential address, official address, permanent address, tax status, or user/payment identification documents, such as rent payment receipts, lease agreements, or related documents) and any other pertinent information/details (“Personal Information”) as required in accordance with the Company’s statutory and legal obligations. Please note that these requirements may be updated periodically.

In respect of the provision of Beneficiary Data, User shall remain solely responsible and liable for the quality, contents, accuracy and correctness of the information. User hereby explicitly affirms and declares that User possess the complete authority to share the Beneficiary Data and other relevant information as specified above, on behalf of the Beneficiary. The User further confirms and warrants that the User has obtained the Beneficiary's free, specific and informed consent to share the Beneficiary Data with Company for the purposes set out in this User Agreement, and that the User possesses the Beneficiary's authority to do so. The User shall be solely responsible for ensuring that all Beneficiary Data provided, including the Beneficiary's mobile number to which the Beneficiary Terms & Conditions link is sent, is accurate, current and complete; Company shall not be liable for any consequence, including delivery of the Beneficiary Terms & Conditions to an incorrect recipient, arising from inaccurate Beneficiary Data provided by the User. User fully understands that providing incorrect information, details, or facts may result in User being held liable for fraud and/or for violation of the applicable laws.

Where the User provides the name, mobile number, e-mail address and bank account details of, and the amount payable to, a Beneficiary (“Payee Details”), Company shall process the Payee Details on behalf of and on the instructions of the User, solely to send the Beneficiary the link to the Beneficiary Terms and Conditions and to hold and execute the User’s payment instruction. Company shall not use the Payee Details for any other purpose, however, it may be stored in accordance with applicable law. The User shall be responsible for having the authority to share the Payee Details and for informing the Beneficiary of such sharing. Upon the Beneficiary completing onboarding, Company shall process the Beneficiary’s personal data, including the Beneficiary Data, as a Data Fiduciary under the Beneficiary Terms and Conditions and the Privacy Policy, including for KYC checks, data validation, fetching PAN details through the Beneficiary’s mobile number and sending payment reminders. The Privacy Policy set out in this User Agreement shall be made available to the Beneficiary, together with the Beneficiary Terms and Conditions, at the time of onboarding.

The User acknowledges and agrees that both Housing and the Company may store and process the User’s Personal Information and the Beneficiary Data for the purpose of providing the Services, and the User further expressly consents to the Company processing the Personal Information, including the mobile number, for the purpose of retrieving or fetching PAN details using the mobile number. The User hereby provides informed consent to such storage and processing, and represents and warrants that the User has obtained the Beneficiary’s consent, wherever required under applicable law, for the collection, storage and processing of the Beneficiary Data by Housing and the Company for the purposes contemplated under this User Agreement, including but not limited to conducting KYC checks, bank account verification (including penny drop verification) and other verification services in relation to the Beneficiary. The User further represents and warrants that the Beneficiary has been duly informed of such collection, storage and processing of the Beneficiary Data and the purposes for which the same may be undertaken by Housing and the Company, and that the requisite consent of the Beneficiary for such activities has been obtained by the User, wherever required under applicable law.

For the purposes of this clause, ‘User Information’ means and includes Personal Information, Beneficiary Data or any other data, details or information in relation to the User or Beneficiary, provided by the User to Company in relation to the Services, whether through the website, e-mail or any other form of communication, agreeable to the User and Company.

Company undertakes that the procurement, storage, usage and dissemination of all information including User Information, as the case may be, pursuant to this User Agreement, shall at all times, including upon expiration of the Services or termination of the User Agreement with the User, be in accordance with the Information Technology Act 2000 and the rules made thereunder, the Digital Personal Data Protection Act, 2023 and the rules framed thereunder (updated from time to time), and other relevant applicable laws.

The User hereby authorizes Company to utilize User Information for the purposes including those set out below:

(a) provision of Services in accordance with the User Agreement;

(b) disclose User Information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need-to-know basis for provision of the Services;

(c) contacting a Third-Party Service Provider and/ or facilitating/ enabling the services of a Third-Party Service Provider for the User pursuant to the arrangement between Company and such Third-Party Service Provider;

(d) conducting internal studies, consumer research, surveys and preparing reports in connection with the Services;

(e) entering the registration data for an account or sending transaction-related alerts and reminders;

(f) subject to your separate opt-in consent, which you may withdraw at any time, sending promotional messages and making promotional calls, whether by Company itself or any of affiliates (including Housing), in accordance with applicable law.

(g) sharing the User Information with Housing for the purpose of enabling Users to access and avail themselves of the products and services offered by the Company through the Housing.com Platform, pursuant to the arrangement between Housing and the Company.

(h) disclosing User Information to law enforcement agencies, regulatory or governmental authorities, card networks, banks and Third-Party Service Providers where required under applicable law, or where Company has reasonable cause to believe that the User has engaged in any prohibited conduct.

Nothing in this User Agreement limits your right to withdraw any consent given under it, to the extent permitted by applicable law. Withdrawal of consent shall not affect the lawfulness of processing carried out before such withdrawal, and you acknowledge that Company may be unable to provide the Services where the consent withdrawn is necessary for their provision. Company may retain User Information for such period as is required under applicable law.

By initiating any transaction on the Platform, you authorize us to facilitate/enable the same in accordance with your payment instructions to the designated bank account of the Beneficiary. Your authorization permits us to charge the mentioned amount to your bank account, credit card, UPI account, debit card, payment wallets or any other payment instruments as may be enabled on our Platform from time to time for remitting the amount to the designated bank account of the Beneficiary.

Any transaction initiated from your registered account with us shall be presumed to have been undertaken under your explicit instructions and authorization, and you shall bear sole responsibility for the same. It is your obligation to ensure that the correct bank account details of the Beneficiary are entered at the time of making the transaction. Under no circumstances shall Company be held liable for any wrongful credit or loss arising due to the provision of incorrect bank details by you.

You shall also bear full responsibility for any fraudulent transactions conducted through your bank account, credit card, or any other payment instrument due to your negligence, including but not limited to sharing your bank or card details with unauthorized/unknown third parties. Company shall not be liable for any losses or refunds once the funds are successfully credited to the designated bank account of the Beneficiary in accordance with your instructions.

In the event there are any regulatory issues with respect to remitting the settlement amount to the Beneficiary, we will notify You of the same within reasonable timelines.

Company shall process the payment only after it has received (i) the payment from your credit card or other relevant payment instrument; and (ii) any further information requested from You by Company. Company shall not be responsible for any delay occasioned due to any action or inaction on account of any bank or third party or Third-Party Service Provider involved in your transaction.

Company does not guarantee any timelines for payments to the Beneficiary. Any timelines mentioned on the Platform are merely indicative in nature and not to be construed as guarantees.

While Company undertakes its best efforts to process the payment as directed by you at the earliest, Company reserves the right to delay, suspend, or reject any payment transaction at its sole discretion for reasons including, but not limited to, the following:

Company may, at its discretion, prescribe limits on the amount, number or frequency of transactions; verify that the name of the holder of the designated bank account matches the name of the landlord/Beneficiary; and require the User to furnish a copy of the lease agreement, the Beneficiary's PAN or any other document before processing any transaction.

By initiating a transaction, you agree to these terms and acknowledge that Company’s role is limited to facilitating the transfer of funds to the Beneficiary as per your instructions.

Company may charge you a convenience or service fee for the Services (“Service Fee”). The applicable Service Fee, together with applicable taxes (including GST), shall be displayed to you on the Platform before you confirm the transaction, and shall form part of the total amount charged to your payment instrument.

The Service Fee is charged for the facilitation services and is non-refundable once the payment has been successfully credited to the Beneficiary. Where a transaction fails or is not processed, the Service Fee shall be refunded along with the transaction amount, save as expressly provided in this User Agreement.

Your card issuer or bank may levy its own charges on the transaction and may, in accordance with its own policies, decline to award reward points or other benefits for such transactions. Company is not responsible for any such charges or decisions of your card issuer or bank.

Any obligation related to the deduction of Tax at Source (“TDS”) under the provisions of the Income-tax Act, 2025, for transactions involving the payment of house rent, office rental, security deposits, token payments or any other payments done by you to your Beneficiary facilitated through the Platform, shall be your sole responsibility. Company shall have no obligation to deduct or comply with TDS provisions on your behalf.

You shall be solely liable for any penalties, interest, or legal consequences arising from your non-compliance with the applicable provisions of the Income-tax Act, 2025, regarding TDS. Under no circumstances shall Company be held liable or obligated to indemnify you for any such penal consequences or liabilities.

By using this Platform, you expressly confirm and represent that you have deducted and paid the applicable TDS/taxes on the rent payments made by you to your Beneficiary in compliance with all applicable tax laws.

Where any payment relates to the renting of commercial property, compliance with the applicable goods and services tax obligations, including any liability under the reverse charge mechanism, shall be your sole responsibility.

You acknowledge and agree that the Company acts solely as a facilitator of payments from You to the Beneficiary and that such role shall not render the Company liable or responsible for any failure by You to fulfil Your payment obligations or for any fraudulent, unauthorised or illegal transaction undertaken through Your registered account. You further agree that the Company, Housing and their respective Third-Party Service Providers shall not be held responsible or liable for any dispute, claim or issue arising between You and the Beneficiary or any financial institution.

You agree to indemnify and hold harmless the Company, Housing, their respective affiliates, Third-Party Service Providers, and their respective officers, directors, employees and agents (collectively, the “Associates”), against any claims, actions, proceedings, losses, damages, liabilities, penalties, costs and expenses, including reasonable legal fees, arising out of or in connection with:

The User shall promptly notify the Company upon becoming aware of any suspicious or fraudulent transaction. The User is responsible for maintaining the confidentiality of their financial details and shall not share such details with any other person. The User further acknowledges and agrees that, in accordance with applicable RBI guidelines, the User must not share any one-time password (“OTP”) received from their bank with any third party or unknown individual. The User shall be responsible for safeguarding their OTP and ensuring that it is not disclosed to any unauthorised person. Where a transaction is authenticated by the User using an OTP, the User shall be responsible for any misuse arising from the User’s sharing of the OTP with an unauthorised person or failure to safeguard the OTP.

The Company shall not be held responsible for any fraudulent transaction, including any transaction authenticated using an OTP shared by the User with an unauthorised third party or any transaction arising from the User’s negligence. Upon receiving a report of any suspicious or fraudulent transaction, the Company shall take reasonable measures as may be necessary in the circumstances. However, the Company shall not be liable to provide any refund or make any payment to any person or authority in respect of such transaction where the funds have been credited to the designated bank account of the Beneficiary in accordance with the User’s instructions. Disputes regarding unauthorised transactions on your payment instrument shall be governed by the policies of your card issuer or bank.

Any refund of an amount that has been successfully credited to the Beneficiary shall be a matter between the User and the Beneficiary, and the Company and its affiliates shall have no responsibility to facilitate any refund of an amount successfully credited to the Beneficiary’s account on the instruction of the User.

The User acknowledges that refunds and chargebacks are subject to the rules of the card networks, acquiring banks and Third-Party Service Providers, and may not be processed after 180 (one hundred and eighty) days, or such other period as may be prescribed, from the date of the transaction.

In case, Company is not able to transfer the rent amount to the designated bank account of the Beneficiary due to any technical issues, then we shall refund the amount, including the Service Fee, to the same source account from which the remittance was initiated within 10 (ten) working days. Company shall under no circumstances be liable to repay/refund the amount to the User once the amount has successfully been credited in the designated bank account of the Beneficiary as per the User’s instructions. In case, the transaction is not processed due to incomplete details being provided by you then we shall refund the amount to you.

Notwithstanding anything to the contrary contained herein, once the funds have been credited to the Beneficiary’s account in accordance with the instructions provided by You, the Company shall have no obligation or liability to process, facilitate or effect any refund of such funds.

The amount of a transaction may be charged back or reversed to the User (“Chargeback”) if the transaction (a) is disputed by the cardholder, (b) is reversed for any reason, (c) was not authorized or Company has reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this User Agreement. The Users agree to assist Company when requested, at the User’s expense, to investigate any of the User’s transactions processed through the Service.

In case of any Chargeback and /or disputes are brought to Company’s notice, then the User might be required to provide the relevant documents in relation to the transaction for representing the Chargeback and/or dispute as may be required by any Acquiring Banks, card associations, RBI and/or any other regulatory /governmental authority, as the case may be.

In case if there is no response from the User in investigating a transaction, including without limitation providing necessary documentation within 5 (five) business days of Company’s request, or if the documentation is inadequate for the purpose of due representation of the Chargeback/dispute, then the Chargeback and/or disputed amount and any associated fees, fines, or penalties assessed by Company’s processor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies shall be recoverable by Company from the User, and Company may also recover the same from any amount pending settlement to the Beneficiary to the extent permitted under the Beneficiary Terms and Conditions. Further in such cases your use of Platform may be blocked for an indefinite period of time as decided by Company on a case-to-case basis.

Without prejudice to the foregoing, the User shall pay to Company, within 7 (seven) days of demand, any amount reversed under a Chargeback that is upheld against Company (together with associated fees, fines or penalties) where the Chargeback arises from the User's breach of this User Agreement, misrepresentation, fraud or a dispute between the User and the Beneficiary, and Company may set off such amount against any amount payable to the Beneficiary on the instruction of the User.

You acknowledge that the Beneficiary will be required to agree, under the Beneficiary Terms and Conditions, that:

You agree and confirm to be in compliance at all times with the relevant anti-financial crimes laws. You agree and acknowledge that, prior to the settlement of any payment to the Beneficiary, the Company shall send the Beneficiary a link to the applicable “Beneficiary Terms and Conditions”, including via WhatsApp to the mobile number provided by You. You confirm that the Beneficiary has agreed to be contacted by Company, including via WhatsApp and SMS, for the purpose of onboarding and settlement. The Beneficiary shall be required to separately review and accept the Beneficiary Terms and Conditions and complete the applicable onboarding process on the Platform, as such acceptance and onboarding are necessary for the provision of the Services. In the absence of such acceptance and completion of the onboarding process, the Company may be unable to provide the Services and reserves the right to withhold, delay or decline settlement of the payment to the Beneficiary. The Company shall notify You accordingly.

You agree to use the Platform only for the intended purposes and not for money laundering, terrorist financing, illicit payments or any other use which is either prohibited by law or is unethical. In particular, you agree not to use the Services for any transaction that:

In the event that Your or Beneficiary’s 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 Beneficiary 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.

The following terms and conditions (“User Agreement”) govern the use of the Education/ Tuition Fees and allied payments facilitation services (“Services”) offered by Nestaway Technologies Private Limited, a company incorporated under the Companies Act, 2013, having CIN U72400KA2014PTC078018 and its registered office at No. 556, Tattvam, 14th Main, Sector 7, HSR Layout, Bengaluru 560102, Karnataka (“Nestaway” or “Company” or “we” or “us”) through the Housing.com platform operated by Locon Solutions Private Limited (“Housing”). This User Agreement sets out the terms governing your access to and use of the applications, websites, services and tools (collectively referred to as the “Platform Services”). The User shall be bound by and shall comply with all applicable policies, including the privacy policy, as accepted or agreed to by the User. All Users shall be deemed to have read, understood and agreed to be bound by this User Agreement, the applicable terms and conditions and the applicable policies. By accessing or using the Housing.com platform, website or mobile app (the “Platform”) or the Services, the User acknowledges and agrees to be bound by this User Agreement, the applicable terms of use and the applicable privacy policy.

For the purposes of facilitating the education payment services described in this User Agreement, You understand and acknowledge that Nestaway is the contracting party in respect of such product and services. Accordingly, all grievances or disputes relating to chargebacks, refunds and other related matters shall be handled by Nestaway in accordance with the terms of this User Agreement. Housing operates as the user-facing platform through which Users access and avail themselves of the products and services offered by Nestaway, pursuant to an arrangement between Housing and Nestaway.

Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions at any time by posting the revised terms on the Platform. Where any change materially and adversely affects your rights, Company shall give you reasonable prior notice of such change through the Platform, e-mail, SMS or WhatsApp. It is your responsibility to review these terms and conditions periodically for any updates or changes. Your continued use of the Platform following any changes signifies your acceptance and agreement to the revised terms and conditions. As long as you comply with these terms and conditions, Company grants you a limited privilege to use the Platform in order to avail the Services.

In the event of any conflict between this User Agreement and the terms of use of Housing, this User Agreement shall prevail in respect of the Services. This User Agreement is an electronic record under the Information Technology Act, 2000 and the rules made thereunder, and does not require any physical or digital signature.

Company is providing an option to its registered users (hereinafter referred to as “User”, “you” or “your”) for making their education institution fees/ tuition fees payments or any other payments through the Platform to their respective education institution or tuition/ beneficiary (“Beneficiary”).

By using this Platform, the User confirms that there is a valid contractual relationship between the User and the Beneficiary, and the amount being transferred through the Platform is representing the actual value as per the agreement executed with such Beneficiary.

We may require you to provide supporting documentation, including the agreement/ engagement letter/ academic details, in relation to the arrangement between You and the Beneficiary. However, we are not required to carry out an independent verification of the validity of this relationship between you and the Beneficiary or the quantum of the fees required to be paid further to the inter-se arrangement. The Users are solely responsible to ensure authenticity of transaction and enter correct, current and complete Beneficiary details while making the payment through the Platform. We are only providing a Platform to facilitate these education/ tuition fees payments and any other payments from the User to the Beneficiary and we are not involved in any way in the underlying transactions between the User and the Beneficiary.

The User needs to comply with the relevant regulations if any related to such payments and shall be responsible for any non-compliance or defaults in such payments. We are not a financial institution and do not offer any sort of banking or related financial services. Company is not a bank, payment aggregator or payment system operator. Payments made by you using a credit card or other payment instrument are collected and processed by payment aggregator(s) authorised by the Reserve Bank of India, and engaged by Company.

You acknowledge that the Beneficiary may not be a Company’s User; however, the Beneficiary will be required to accept the Beneficiary Terms and Conditions and complete onboarding on the Platform before any amount is settled to it. Company is not and shall not be deemed to be your agent or the agent of Beneficiary. For the limited purpose of facilitating the education/ tuition fees payments and any other payments, upon receiving specific instructions from You, we act in accordance with your authorisation and instructions to facilitate such payments to the relevant Beneficiary.

For the purposes of this clause, ‘Third-Party Service Provider’ means and includes any service provider with whom Company has an agreement for the purposes of making the Services available for the User. You acknowledge and agree that we may use the services of the Third-Party Service Providers, to provide the Services and process your transactions. These Third-Party Service Providers may have their own privacy policies and terms of use. By using our Services, the User hereby agrees to be bound by such terms of the Third-Party Service Providers as are made available to the User at the time of the transaction. This is in addition to the terms and conditions set out in this User Agreement. By accepting and agreeing to the Third-Party Service Providers' terms and conditions, you expressly acknowledge that Company acts as a facilitator of your payment to the Beneficiary and that Company shall have no liability for the actions or omissions of the Third-Party Service Providers.

We are required to provide certain information to you in writing. By accepting this User Agreement, you agree that we can communicate with you electronically either by e-mail or by posting notices on the Platform.

While you will be completely responsible for proving the authenticity of the transaction, Company may collect/use/process from You the necessary documents/ details/ information of the Beneficiary, including but not limited to the PAN card, agreement, education credentials, academic details, Aadhaar card number, email address, residential address, official address, permanent address, the name, PAN or registration details, bank account details, fee demand or invoice, education credentials, academic details, email address, official address and/or any other relevant information to substantiate your relationship with the Beneficiary (“Beneficiary Data”).

You hereby confirm and acknowledge that the payments are being made directly to the Beneficiary. You hereby agree to be solely responsible for providing all necessary documents, information, and declarations to Company regarding your personal details/ information/ data. While you bear the full responsibility for verifying the authenticity of the transaction(s), Company may collect/use/process/store relevant documents/ information/ data from you. This may include, but is not limited to, your PAN Card, masked Aadhaar (only where voluntarily furnished), name, email address, residential address, official address, permanent address, tax status, or user/payment identification documents, such as payment receipts, agreement, or related documents) and any other pertinent information/details (“Personal Information”) as required in accordance with the Company’s statutory and legal obligations. Please note that these requirements may be updated periodically.

In respect of the provision of Beneficiary Data, User shall remain solely responsible and liable for the quality, contents, accuracy and correctness of the information. User hereby explicitly affirms and declares that User possess the complete authority to share the Beneficiary Data and other relevant information as specified above, on behalf of the Beneficiary. The User further confirms and warrants that the User has obtained the Beneficiary's free, specific and informed consent to share the Beneficiary Data with Company for the purposes set out in this User Agreement, and that the User possesses the Beneficiary's authority to do so. The User shall be solely responsible for ensuring that all Beneficiary Data provided, including the Beneficiary's mobile number to which the Beneficiary Terms & Conditions link is sent, is accurate, current and complete; Company shall not be liable for any consequence, including delivery of the Beneficiary Terms & Conditions to an incorrect recipient, arising from inaccurate Beneficiary Data provided by the User. User fully understands that providing incorrect information, details, or facts may result in User being held liable for fraud and/or for violation of the applicable laws.

Where the User provides the name, mobile number, e-mail address and bank account details of, and the amount payable to, a Beneficiary (“Payee Details”), Company shall process the Payee Details on behalf of and on the instructions of the User, solely to send the Beneficiary the link to the Beneficiary Terms and Conditions and to hold and execute the User’s payment instruction. Company shall not use the Payee Details for any other purpose, however, it can be stored as per the applicable law. The User shall be responsible for having the authority to share the Payee Details and for informing the Beneficiary of such sharing. Upon the Beneficiary completing onboarding, Company shall process the Beneficiary’s personal data, including the Beneficiary Data, as a Data Fiduciary under the Beneficiary Terms and Conditions and the Privacy Policy, including for KYC checks, data validation, fetching PAN details through the Beneficiary’s mobile number and sending payment reminders. The Privacy Policy set out in this User Agreement shall be made available to the Beneficiary, together with the Beneficiary Terms and Conditions, at the time of onboarding.

The User acknowledges and agrees that both Housing and the Company may store and process the User’s Personal Information and the Beneficiary Data for the purpose of providing the Services, and the User further expressly consents to the Company processing the Personal Information, including the mobile number, for the purpose of retrieving or fetching PAN details using the mobile number. The User hereby provides informed consent to such storage and processing, and represents and warrants that the User has obtained the Beneficiary’s consent, wherever required under applicable law, for the collection, storage and processing of the Beneficiary Data by Housing and the Company for the purposes contemplated under this User Agreement.

For the purposes of this clause, ‘User Information’ means and includes Personal Information, Beneficiary Data or any other data, details or information in relation to the User or Beneficiary, provided by the User to Company in relation to the Services, whether through the website, e-mail or any other form of communication, agreeable to the User and Company.

Company undertakes that the procurement, storage, usage and dissemination of all information including User Information, as the case may be, pursuant to this User Agreement, shall at all times, including upon expiration of the Services or termination of the User Agreement with the User, be in accordance with the Information Technology Act 2000 and the rules made thereunder, the Digital Personal Data Protection Act, 2023 and the rules framed thereunder (updated from time to time), and other relevant applicable laws.

The User hereby authorizes Company to utilize User Information for the purposes including those set out below:

Nothing in this User Agreement limits your right to withdraw any consent given under it, to the extent permitted by applicable law. Withdrawal of consent shall not affect the lawfulness of processing carried out before such withdrawal, and you acknowledge that Company may be unable to provide the Services where the consent withdrawn is necessary for their provision. Company may retain User Information for such period as is required under applicable law.

Where a payment relates to education services availed for a child, the User confirms that the User is the parent or lawful guardian of such child and consents to the processing of the child's personal data for the purpose of the Services. Company shall not undertake tracking, behavioural monitoring or targeted advertising directed at children, and shall process the personal data of children in accordance with the Digital Personal Data Protection Act, 2023 and the rules framed thereunder.

By initiating any transaction on the Platform, you authorize us to facilitate/enable the same in accordance with your payment instructions to the designated bank account of the Beneficiary. Your authorization permits us to charge the mentioned amount to your bank account, credit card, UPI account, debit card, payment wallets or any other payment instruments as may be enabled on our Platform from time to time for remitting the amount to the designated bank account of the Beneficiary.

Any transaction initiated from your registered account with us shall be presumed to have been undertaken under your explicit instructions and authorization, and you shall bear sole responsibility for the same. It is your obligation to ensure that the correct bank account details of the Beneficiary are entered at the time of making the transaction. Under no circumstances shall Company be held liable for any wrongful credit or loss arising due to the provision of incorrect bank details by you.

You shall also bear full responsibility for any fraudulent transactions conducted through your bank account, credit card, or any other payment instrument due to your negligence, including but not limited to sharing your bank or card details with unauthorized/unknown third parties. Company shall not be liable for any losses or refunds once the funds are successfully credited to the designated bank account of the Beneficiary in accordance with your instructions.

In the event there are any regulatory issues with respect to remitting the settlement amount to the Beneficiary, we will notify you of the same within reasonable timelines.

Company shall process the payment only after it has received (i) the payment from your credit card or other relevant payment instrument; and (ii) any further information requested from You by Company. Company shall not be responsible for any delay occasioned due to any action or inaction on account of any bank or third party or Third-Party Service Provider involved in your transaction.

Company does not guarantee any timelines for payments to the Beneficiary. Any timelines mentioned on the Platform are merely indicative in nature and not to be construed as guarantees.

While Company undertakes its best efforts to process the payment as directed by you at the earliest, Company reserves the right to delay, suspend, or reject any payment transaction at its sole discretion for reasons including, but not limited to, the following:

Company may, at its discretion, prescribe limits on the amount, number or frequency of transactions; verify that the name of the holder of the designated bank account matches the name of the Beneficiary; and require the User to furnish the fee demand, invoice, admission or enrolment proof or any other document before processing any transaction.

By initiating a transaction, you agree to these terms and acknowledge that Company’s role is limited to facilitating the transfer of funds to the Beneficiary as per your instructions.

Company may charge you a convenience or service fee for the Services (“Service Fee”). The applicable Service Fee, together with applicable taxes (including GST), shall be displayed to you on the Platform before you confirm the transaction, and shall form part of the total amount charged to your payment instrument.

The Service Fee is charged for the facilitation services and is non-refundable once the payment has been successfully credited to the Beneficiary. Where a transaction fails or is not processed, the Service Fee shall be refunded along with the transaction amount, save as expressly provided in this User Agreement.

Your card issuer or bank may levy its own charges on the transaction and may, in accordance with its own policies, decline to award reward points or other benefits for such transactions. Company is not responsible for any such charges or decisions of your card issuer or bank.

Any obligation related to the tax under the provisions of the Income-tax Act, 2025, for transactions involving the payment of education/ tuition fees or any other payments done by you to your Beneficiary facilitated through the Platform, shall be your sole responsibility. The Company shall have no obligation or liability in respect of any such tax-related obligations.

You shall be solely liable for any penalties, interest, or legal consequences arising from your non-compliance with the applicable provisions of the Income-tax Act, 2025. Under no circumstances shall Company be held liable or obligated to indemnify you for any such penal consequences or liabilities.

By using this Platform, you expressly confirm and represent that you have paid the applicable taxes on the payments to your Beneficiary in compliance with all applicable tax laws.

You acknowledge and agree that the Company acts solely as a facilitator of payments from You to the Beneficiary and that such role shall not render the Company liable or responsible for any failure by You to fulfil Your payment obligations or for any fraudulent, unauthorised or illegal transaction undertaken through Your registered account. You further agree that the Company, Housing and their respective Third-Party Service Providers shall not be held responsible or liable for any dispute, claim or issue arising between You and the Beneficiary or any financial institution.

You agree to indemnify and hold harmless the Company, Housing, their respective affiliates, Third-Party Service Providers, and their respective officers, directors, employees and agents (collectively, the “Associates”), against any claims, actions, proceedings, losses, damages, liabilities, penalties, costs and expenses, including reasonable legal fees, arising out of or in connection with:

The User shall promptly notify the Company upon becoming aware of any suspicious or fraudulent transaction. The User is responsible for maintaining the confidentiality of their financial details and shall not share such details with any other person. The User further acknowledges and agrees that, in accordance with applicable RBI guidelines, the User must not share any one-time password (“OTP”) received from their bank with any third party or unknown individual. The User shall be responsible for safeguarding their OTP and ensuring that it is not disclosed to any unauthorised person. Where a transaction is authenticated by the User using an OTP, the User shall be responsible for any misuse arising from the User’s sharing of the OTP with an unauthorised person or failure to safeguard the OTP.

The Company shall not be held responsible for any fraudulent transaction, including any transaction authenticated using an OTP shared by the User with an unauthorised third party or any transaction arising from the User’s negligence. Upon receiving a report of any suspicious or fraudulent transaction, the Company shall take reasonable measures as may be necessary in the circumstances. However, the Company shall not be liable to provide any refund or make any payment to any person or authority in respect of such transaction where the funds have been credited to the designated bank account of the Beneficiary in accordance with the User’s instructions. Disputes regarding unauthorised transactions on your payment instrument shall be governed by the policies of your card issuer or bank.

Any refund of an amount that has been successfully credited to the Beneficiary shall be a matter between the User and the Beneficiary, and the Company and its affiliates shall have no responsibility to facilitate any refund of an amount successfully credited to the Beneficiary’s account on the instruction of the User.

The User acknowledges that refunds and chargebacks are subject to the rules of the card networks, acquiring banks and Third-Party Service Providers, and may not be processed after 180 (one hundred and eighty) days, or such other period as may be prescribed, from the date of the transaction.

In case, Company is not able to transfer the fees/ amount to the designated bank account of the Beneficiary due to any technical issues, then we shall refund the amount, including the Service Fee, to the same source account from which the remittance was initiated within ten (10) working days. Company shall under no circumstances be liable to repay/refund the amount to the User once the amount has successfully been credited in the designated bank account of the Beneficiary as per the User’s instructions. In case, the transaction is not processed due to incomplete details being provided by you then we shall refund the amount to you.

Notwithstanding anything to the contrary contained herein, once the funds have been credited to the Beneficiary’s account in accordance with the instructions provided by You, the Company shall have no obligation or liability to process, facilitate or effect any refund of such funds.

The amount of a transaction may be charged back or reversed to the User (“Chargeback”) if the transaction (a) is disputed by the cardholder, (b) is reversed for any reason, (c) was not authorized or Company has reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this User Agreement. The Users agree to assist Company when requested, at the User’s expense, to investigate any of the User’s transactions processed through the Service.

In case of any Chargeback and /or disputes are brought to Company’s notice, then the User might be required to provide the relevant documents in relation to the transaction for representing the Chargeback and/or dispute as may be required by any Acquiring Banks, card associations, RBI and/or any other regulatory /governmental authority, as the case may be.

In case if there is no response from the User in investigating a transaction, including without limitation providing necessary documentation within 5 (five) business days of Company’s request, or if the documentation is inadequate for the purpose of due representation of the Chargeback/dispute, then the Chargeback and/or disputed amount and any associated fees, fines, or penalties assessed by Company’s processor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies shall be recoverable by Company from the User, and Company may also recover the same from any amount pending settlement to the Beneficiary to the extent permitted under the Beneficiary Terms and Conditions. Further in such cases your use of Platform may be blocked for an indefinite period of time as decided by Company on a case-to-case basis.

Without prejudice to the foregoing, the User shall pay to Company, within 7 (seven) days of demand, any amount reversed under a Chargeback that is upheld against Company (together with associated fees, fines or penalties) where the Chargeback arises from the User's breach of this User Agreement, misrepresentation, fraud or a dispute between the User and the Beneficiary, and Company may set off such amount against any amount payable by it to the User.

You acknowledge that the Beneficiary will be required to agree, under the Beneficiary Terms and Conditions, that:

You agree and confirm to be in compliance at all times with the relevant anti-financial crimes laws. You agree and acknowledge that, prior to the settlement of any payment to the Beneficiary, the Company shall send the Beneficiary a link to the applicable “Beneficiary Terms and Conditions”, including via WhatsApp to the mobile number provided by You. You confirm that the Beneficiary has agreed to be contacted by Company, including via WhatsApp and SMS, for the purpose of onboarding and settlement. The Beneficiary shall be required to separately review and accept the Beneficiary Terms and Conditions and complete the applicable onboarding process on the Platform, as such acceptance and onboarding are necessary for the provision of the Services. In the absence of such acceptance and completion of the onboarding process, the Company may be unable to provide the Services and reserves the right to withhold, delay or decline settlement of the payment to the Beneficiary. The Company shall notify You accordingly.

You agree to use the Platform only for the intended purposes and not for money laundering, terrorist financing, illicit payments or any other use which is either prohibited by law or is unethical. In particular, you agree not to use the Services for any transaction that:

In the event that Your or Beneficiary’s 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 Beneficiary 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.

To the maximum extent permitted by applicable law, neither Company nor Housing shall be liable for any direct or indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill or data, arising out of or in connection with this User Agreement or the Services.

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

The Company shall have the right, at its sole discretion, to terminate or suspend the User’s engagement, suspend the Services, and/or blacklist the User’s account on the Platform, and / or restrict your access to the Services or the Platform;

Upon any termination or suspension, any amount debited from your payment instrument that has not been settled to the Beneficiary shall be refunded to the source account, subject to Company's rights under the Chargebacks clause and any requirement of applicable law or of any regulatory or law enforcement authority.

All notices, communications, or disclosures under this User Agreement shall be in writing and may be given by email, courier, or registered post to the addresses provided by the parties. Notices to Company shall be sent to: legal@nestaway.com or payments.grievance@nestaway.com (or such other address as may be notified by Company from time to time).

If any provision of this User 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 User Agreement.

The Services and the Platform are not available to persons under the age of 18 years or to any person who has previously been suspended or removed by the Company from availing the Services or accessing the Platform, or who is otherwise disqualified from using the Services or the Platform under this User Agreement or applicable law.

By accepting this User Agreement or otherwise accessing or using the Services or the Platform, you represent and warrant that:

In the event of any breach of this User Agreement, misrepresentation, or violation of applicable law, the Company reserves the right, to suspend or restrict your access to the Services or the Platform, or permanently terminate your access, as may be appropriate in the circumstances, without notice.

The Company shall not be liable for any delay or failure in the performance of its obligations under this User Agreement to the extent such delay or failure is caused by events beyond its reasonable control, including but not limited to 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 Payment Aggregator partner, which is beyond the Company’s reasonable control (each, a “Force Majeure Event”).

The Company’s obligations shall be suspended for the duration of the Force Majeure Event, to the extent affected by such event.

This User Agreement, together with all schedules, annexures, policies, undertaking and documents referenced herein (including those available on the Platform), constitutes the complete and exclusive understanding between the parties with respect to its subject matter and supersedes all prior or contemporaneous representations, communications, negotiations, and agreements, whether written or oral. The User acknowledges that it has not relied on any statement, representation, or warranty not expressly set out in this User Agreement.

Company may assign or transfer its rights and obligations under this User Agreement to any of its affiliates or group companies, or to a successor, upon notice to you. You may not assign or transfer your rights or obligations under this User Agreement. No failure or delay by Company in exercising any right shall operate as a waiver of that right. Provisions which by their nature are intended to survive termination, including those relating to indemnity, chargebacks, limitation of liability, governing law and grievance redressal, shall survive the termination of this User Agreement.

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

Email Address: payments.grievance@nestaway.com

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

The Grievance Officer shall address and endeavour to resolve your grievance in accordance with applicable laws and regulations, and the terms of this User Agreement.

This Privacy Policy forms an integral part of this User Agreement and sets out how the Company, as the Data Fiduciary, processes User Information in connection with the Services. Payee Details provided by a User are processed on the User’s behalf until the Beneficiary completes onboarding, as set out in the KYC Documentation clause. 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) Users: name, mobile number, e-mail address and address; PAN, and masked Aadhaar (only where voluntarily furnished); transaction details (amount, purpose, date, reference, status, refunds and Chargebacks) and Service Fee paid; limited payment instrument details (card network, issuing bank, last four digits and token); supporting documents such as the lease agreement, rent receipts, fee demand or enrolment proof; device, IP address and log data; and communications with Company.

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

User Information is obtained from the User, the Beneficiary, Housing and Third-Party Service Providers (including payment aggregators, banks and verification agencies). Company does not collect or store full card numbers, CVV, PIN or OTP.

Company processes User Information only for the following purposes: (i) providing the Services, including onboarding, processing payments, settlement to Beneficiaries, refunds and Chargebacks; (ii) KYC and verification of the User, the Beneficiary, their relationship and bank account details; (iii) preventing and investigating fraud, prohibited transactions and security incidents, and applying transaction limits and risk checks; (iv) sending transaction-related communications by SMS, WhatsApp, e-mail or in-app notification; (v) customer support and grievance redressal; (vi) compliance with applicable law, including tax, accounting and audit requirements, directions of the Reserve Bank of India, and lawful requests or orders of courts, regulators and law enforcement agencies; (vii) improving the Services using aggregated or de-identified data; and (viii) sending promotional communications about the services of Company or Housing, only where the User has given separate opt-in consent. Company does not sell User Information.

By accepting this User Agreement, the User consents to the processing of User Information for purposes (i) to (vii) above. Processing for purpose (vi) is also a legitimate use under the DPDP Law. Consent for purpose (viii) is sought separately, is optional and is not a condition of availing the Services. The User may withdraw any 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, Company may cease to provide the Services, and any transaction already initiated shall be completed, reversed or refunded in accordance with this User Agreement.

Company may share User Information only to the extent necessary for the above purposes with: (a) Housing, which operates the Platform and communicates with Users on Company’s behalf; (b) Third-Party Service Providers, including payment aggregators, banks, card networks, verification agencies and cloud, communication and customer support service providers; (c) the Beneficiary, to the extent of the User’s name and the amount, date and reference of the payment; (d) group companies of 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 Company. Company engages Data Processors only under written contracts requiring them to process User Information on Company’s instructions and to maintain reasonable security safeguards.

Any transfer of User Information outside India shall be made only as permitted under Data Protection Law. Company retains User Information for as long as necessary for the purposes set out above or as required under applicable law (including tax, accounting and Reserve Bank of India requirements and the limitation period for any claim or dispute).

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, 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, the User and each Beneficiary may: (a) obtain a summary of the personal data processed by Company, the processing activities undertaken, and the persons with whom it has been shared; (b) seek correction, completion, updating or erasure of their 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 their grievances redressed. Requests may be made to the Grievance Officer, and Company may verify the identity of the person making the request. Erasure shall not extend to personal data that 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.

The User 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.

The User represents and warrants that all Beneficiary Data and personal data of the Beneficiary or other person provided by the User is accurate, and is provided with the authority and, where required, the consent of the person concerned, and that the User has informed such person of this Privacy Policy. Any breach of this paragraph shall constitute a breach of this User Agreement for the purposes of the Indemnity clause.

Company shall not be responsible for any loss or damage arising from: (a) the User’s disclosure of account credentials, OTP or payment instrument details; (b) inaccurate or incomplete information provided by the User; (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 User Information notwithstanding Company having implemented and maintained reasonable security practices and procedures. 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.

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