Terms And Conditions FPO Connect - NABKISAN Finance Limited

Please read these Terms and Conditions carefully before downloading, accessing or using the FPO Connect mobile application operated by NABKISAN Finance Limited (NKFL). FPO Connect is a closed-user application intended only for existing Farmer Producer Organization (FPO) clients of NABKISAN. By downloading, installing or accessing the Service, you agree to be bound by these Terms and the Privacy Policy. If you disagree with any part of these Terms, you must immediately stop using the App.

FPO Connect AppIT Act, 2000Arbitration Act, 1996Consumer Protection Act, 2019RBI Guidelines

Eligibility and Scope of Service

FPO Connect is a closed-user mobile application intended only for existing FPO clients of NABKISAN whose loan accounts have already been created in NABKISAN's systems. The App is not a channel for on-boarding new customers or for soliciting fresh loan applications from persons who do not already have a loan relationship with NABKISAN.To use the App you must:

Be an existing FPO client of NABKISAN with active or closed loan accounts in NABKISAN's records

Be an Indian citizen or an Indian-resident entity as applicable, duly registered under applicable law

Not be a person or entity either barred or otherwise legally prohibited from availing services offered by NABKISAN

Have a valid User ID (PAN) and Password issued by NABKISAN at the time of Client Creation

Have a valid email address and mobile number registered with NABKISAN for receiving OTPs and other communications

Have read and understood these Terms and the Privacy Policy of NABKISAN

User Account, Login and Authentication

Login and authentication to the App is carried out through the User ID (PAN Number) and Password already issued to you following Client Creation. You acknowledge and agree that:

You are solely responsible for maintaining the confidentiality of your User ID, Password and any One-Time Password (OTP) associated with your account

You are fully responsible for all activities that occur under your login credentials, whether or not authorised by you

You must immediately notify NABKISAN of any unauthorised use of your account or any actual or suspected security breach

You shall not create multiple user accounts or use your account for any purpose that is unlawful, illegal or forbidden by law

You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with any person or entity

If you use the "Forgot Password" option, a secure reset link / OTP will be sent to your registered mobile number and email address. You are responsible for ensuring that only you have access to these registered contact points

On clicking Sign-Out, your session will be terminated and you will be redirected to the login page

Note: NABKISAN reserves the right, in its sole discretion, to suspend or disable your account on the App for violation of these Terms or for any activity that poses a risk to the Service, to NABKISAN or to other Users.

Use License

Subject to your continued compliance with these Terms, NABKISAN grants you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App strictly in accordance with these Terms.You shall not:

Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App

Make any modification, adaptation, improvement, enhancement, translation or derivative work from the App

Violate any applicable laws, rules or regulations in connection with your access to or use of the App

Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by NKFL or the licensors of the App

Use the App for any revenue-generating endeavour, commercial enterprise or other purpose for which it is not designed or intended

Make the App available over a network or in an environment permitting access or use by multiple devices or users at the same time

Use the App to create a product, service or software that is, directly or indirectly, competitive with or a substitute for the App

Use the App to send automated queries or any unsolicited commercial emails

Services Available on the App

FPO Connect offers the following Services to existing FPO clients through a Home screen with dedicated tiles:

Repay Loan — view of available loan accounts with loan type, status (colour-coded as Regular, Overdue or NPA), account number and outstanding amount, and initiation of loan repayment for the selected account.

My Loans — consolidated view of all sanctioned and disbursed loans (active and closed) with loan type, account number, sanctioned amount, outstanding amount and colour-coded loan status (Regular, Not yet disbursed, Overdue, NPA, or Closed).

Loan Summary — detailed loan information including loan type, loan account number, sanctioned amount, interest rate, tenure, start / end dates, total disbursed amount, loan balance, loan status, overdue amount, upcoming demand, and a View Sanction Letter button to download the Sanction Letter (Client ID, Proposal ID, Date of Sanction, Type of Loan, Sanctioned Amount, Rate of Interest and Tenure).

Statement — transaction history including transaction date, transaction type (Disbursement / Income Posting / Repayment) and transaction amount for the selected loan account.

Apply Loan — submission of a request for an additional loan or top-up through the FPO Request form.

Contact Us — contact details of your assigned Business Development Manager (BDM) including name, designation, mobile number and email address.

Raise Complaint — access to the NABKISAN Grievance Redressal Form for lodging complaints, which are forwarded to our grievance management platform (Zoho) for tracking and resolution.

Note: NABKISAN reserves the right to add, modify, suspend or withdraw any Service at any time without prior notice.

Loan Repayment and Payment Services (When Available)

The App enables you to initiate repayments against your outstanding loan accounts through the payment facility made available from time to time within the App. You acknowledge and agree that:

Payment instructions initiated through the App may be executed via authorised payment service providers / payment aggregators integrated with the App from time to time

All payments are subject to successful authorisation and realisation by the relevant bank / payment intermediary, and credit to your loan account is subject to actual realisation of funds in NABKISAN's designated bank account

NABKISAN shall not be responsible for any delay, failure or error in payment attributable to your bank, the payment intermediary, telecom network or any other third party beyond NABKISAN's reasonable control

Convenience or processing charges, if any, levied by payment aggregators for online payments shall be borne by you in accordance with their terms

You shall not initiate duplicate payments or seek to reverse validly completed payments except through the defined refund / reconciliation processes

NABKISAN may introduce, modify or discontinue any specific payment mode within the App at its sole discretion, including in response to regulatory or operational requirements.

Requests for Additional / Top-up Loans

The "Apply Loan" feature enables an existing customer to request an additional loan or top-up on the existing facility by submitting the FPO Request form through the App. You acknowledge that:

Submission of a request does not create any right in your favour and does not bind NABKISAN to sanction or disburse any loan

Sanction of any such Loan Request is at the sole discretion of NABKISAN and is subject to fulfilment of credit, eligibility, regulatory and documentation requirements

You shall abide by the terms of the Loan Agreement and other documents which are executed between you and NABKISAN in respect of such additional loan / top-up

You shall provide true, correct and complete information in the FPO Request form and promptly update any change in such information

User Consent

By using the App, you hereby agree and give consent for the following:

Collection and use of the information disclosed by you to NABKISAN

Storing, processing and sharing of your information, including personal information, with NABKISAN, its holding company, subsidiary companies, group companies, affiliates and third-party service providers (including our grievance management platform provider, Zoho), in accordance with the Privacy Policy and applicable law

Disclosure of your information, without prior notice, where NABKISAN is under a duty to do so in order to comply with any legal obligation, court order or direction from any government authority, Reserve Bank of India or any other statutory authority

Making such credit investigations as NABKISAN may deem appropriate to evaluate any information provided by you or otherwise available with NABKISAN

Collection of device information, log information, IP address and location information required for secure delivery of the Services

Collection of information about you from third parties, including credit bureaus, verification agencies and publicly available sources, subject to applicable law

Use of your information for credit risk modelling, fraud detection and prevention, development and testing of new products and features, diagnosing and fixing technology problems, statistical and market analysis, managing relationships (including complaints handling), record maintenance under applicable law and enforcement of our Terms or other applicable agreements

Receiving communications from NABKISAN and its associates by email, SMS, telephone and other electronic means in connection with the Service and the App. Irrespective of your registration under any Do Not Disturb (DND) or National Customer Preference Register (NCPR), you authorise NABKISAN, its associates and partners to contact you for the purposes described in the Privacy Policy

Use of Information and Materials

The content (material, information, data, documents, etc.) contained in the App is provided for general information and loan servicing purposes only and should not be used as a basis for making business or commercial decisions beyond the specific loan relationship. You are advised to exercise due caution and / or seek independent advice before entering into any arrangement or financial obligation based on the content of this App.The content contained in this App, including text, graphics, links or other items, is provided on an "as is" and "as available" basis and is protected by copyright in favour of NABKISAN. You shall not distribute text or graphics to others without the express written consent of NABKISAN. You shall not copy, download, publish, distribute or reproduce any of the content contained in the App in any form without prior permission of NABKISAN.

Prohibited Conduct

By using the App, you agree that you shall not:

Use the App for spamming or any other illegal purposes

Infringe NABKISAN's or any third party's intellectual property rights, rights of publicity or privacy

Post or transmit any message which is libellous, defamatory, or which discloses private or personal matters concerning any person

Post or transmit any message, data, image or program which violates any law

Refuse to cooperate in an investigation or provide confirmation of your identity or any other information you have provided to NABKISAN

Remove, circumvent, disable, damage or otherwise interfere with security-related features of the App or features that enforce limitations on the use of the App

Upload any content that is grossly harmful, harassing, blasphemous, defamatory, obscene, paedophilic, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever

Upload any content that threatens the unity, integrity, defence, security or sovereignty of India, public order, or causes incitement to the commission of any cognizable offence

Upload any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource

Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App

Use the App in any manner that could damage, disable, overburden or impair it, including using the App in an automated manner

Intentionally interfere with or damage the operation of the App or any other user's use of the App

Use any robot, spider, other automatic device or manual process to monitor or copy the App without prior written permission

Forge headers or manipulate identifiers to disguise the origin of any content transmitted through the App

Provide false, inaccurate or misleading information

Use the App to collect or obtain personal information about other users of the App

Obligations of Users

When using the App, you must not interfere with the App's security, integrity or operation. You must not use the App for the transfer of damaging files or attempt to enter non-public sections of the App or access restricted information where you do not meet the access criteria. You are required to respect NABKISAN's copyrights and third-party intellectual property rights in all material and text posted by NABKISAN on the App. You shall ensure that all details submitted by you to the App are true, correct and up to date.

Note: You are responsible for keeping your device and your login credentials safe and secure, and you must notify NABKISAN promptly of any knowledge of unauthorised use of your account or any security breach.

Availability of Service

The Services are intended for use by existing FPO clients of NABKISAN who are residents of India. NABKISAN makes no warranty or representation that the Service is available or otherwise appropriate for use outside India. If you choose to use the Services from outside India, you do so at your sole risk and you are responsible for compliance with all applicable local laws.NABKISAN does not guarantee uninterrupted availability of the App. The App may, from time to time, be unavailable on account of scheduled or unscheduled maintenance, technical issues, system updates, telecom network issues or force majeure events.

Devices and Software

You are responsible for providing the devices, software, and data connections required to use the Services. NABKISAN does not supply such devices, software or data connections and will not be liable to you for the unavailability of any of them resulting in your inability to use the Services. For as long as you use the Services, you provide consent for downloading and installing updates to the App, including automatic updates.

Fees and Taxes

You are responsible for all carrier data plans and other fees and taxes associated with your use of the Services. NABKISAN may charge you for specific Services, including applicable taxes, in accordance with the rates communicated through the App or otherwise agreed under your loan documentation. Convenience or processing charges, if any, levied by payment aggregators for online payments shall be borne by you in accordance with their terms.NABKISAN reserves the right to refuse or cancel any request to access the Services at its sole discretion. Refunds, if any, shall be subject to the applicable refund policy of the relevant payment intermediary and applicable law.

Intellectual Property Rights

These Terms only govern your use of the Services and you are not granted a license to any software or intellectual property used for the provision of the Services. All intellectual property and other rights in any information or material accessible at or available from the Services, including any text, graphics, data and screen layouts and software relating to the Services, belong to NABKISAN (or to the third party which owns the rights to such content).You shall not copy and use the software, text, images, graphics, video and audio used in the App. You shall not remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices) affixed to or contained within the Services.

NABKISAN values your privacy. The Privacy Policy of FPO Connect describes the information practices of the App, the types of information collected from you, and how NABKISAN uses and shares this information. By using the App, you agree to the data practices described in the Privacy Policy, including the collection, use, processing, storage, and sharing of your information, as well as the transfer and processing of your information on NABKISAN's servers and authorised third-party platforms located in India.You acknowledge that while NABKISAN implements reasonable security practices, no electronic transmission or storage is completely secure and NABKISAN shall not be liable for any loss suffered by you as a result of a security breach that occurs despite such reasonable practices.

Third-Party Services and Payment Gateways

The App relies on third-party service providers for certain functionalities, including payment aggregators / payment gateways for processing repayments, SMS and email service providers for communications, and our grievance management platform provider (Zoho) for tracking complaints submitted through the Raise Complaint feature.Use of these facilities is also governed by the terms, conditions and privacy policies of the respective service providers. NABKISAN is not responsible for any failure, error, loss or damage caused by such third-party services beyond its reasonable control.

Links to Other Websites

The App may contain links to third-party websites or services that are not owned or controlled by NABKISAN. Such third-party websites or services are not investigated, monitored, or checked for accuracy, appropriateness or completeness by NABKISAN. Inclusion of, linking to, or permitting the use or installation of any third-party websites or third-party content does not imply approval or endorsement.If you decide to leave the App to access a third-party website or to use or install any third-party content, you do so at your own risk, and these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any such website or service.

Indemnification

You agree to defend, indemnify, and hold NABKISAN harmless, including its subsidiaries, holding company, affiliates, and all of their respective officers, directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

Use of the App by you

Breach of these Terms

Any breach of your representations and warranties set forth in these Terms

Your violation of the rights of a third party, including but not limited to intellectual property rights

Any overt harmful act toward any other user of the App

NABKISAN reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify NABKISAN, and you agree to cooperate, at your expense, with NABKISAN's defence of such claims.

No Representation or Warranty

No information sent through or available on the App shall constitute any representation or warranty by NABKISAN, its subsidiaries or affiliates regarding the credit-worthiness, financial performance or prospects, solvency, or viability of any company or other legal entity or the business carried on by such entity.The App may contain advice, opinions and statements of various professionals, experts or analysts. NABKISAN does not endorse the accuracy or reliability of any such opinions, statements or information. Reliance on any such statement shall be at your sole risk.NABKISAN may at any time (without being obliged to do so) update, edit, alter or remove any information in whole or in part available in the App and shall not be held responsible for any actions that may subsequently result in any loss, damage or liability.

Amendments

NABKISAN reserves the right to change the information provided on or via the App, including these Terms, at any time and without notice. NABKISAN does not undertake to update or keep updated the content contained on the App from time to time. It is recommended that you review the information provided on or via the App, including these Terms, periodically for changes.

Breach of the Terms

Without prejudice to its other rights, if you breach these Terms in any way, or if NABKISAN suspects that you have breached these Terms in any way, NABKISAN may:

01Send formal warnings Send you one or more formal warnings.

02Temporary suspension Temporarily suspend your access to the App.

03Permanent prohibition Permanently prohibit you from accessing the App.

04ISP notification Contact your internet service providers and request that they block your access to the App.

05Legal action Commence legal action against you, whether for breach of contract, recovery of amounts due, damages or otherwise.

06Account deletion Suspend or delete your account on the App.

Note: If NABKISAN disables your account for a violation of these Terms, you shall not create another account without NABKISAN's prior permission.

Electronic Communications, Transactions and Signatures

Using the App, sending NABKISAN emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that NABKISAN provides to you electronically, via email, SMS, in-app notifications and on the App, satisfy any legal requirement that such communication be in writing.YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY NABKISAN VIA THE APP.You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, or that require payments or the granting of credits to be effected by means other than electronic means.

Governing Law and Jurisdiction

Any dispute arising in the course of your use of the Services or in relation to these Terms shall be governed by and interpreted in accordance with the laws of India, and you consent to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu, India. Notwithstanding the foregoing, you acknowledge and agree that NABKISAN may, in its absolute discretion, commence any legal action or proceedings against you in a court, tribunal or any other appropriate forum situated in any part of India.

Dispute Resolution

You agree that all claims, disputes or differences arising out of or in connection with these Terms or other related services, whether during or after the termination of these Terms, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, including any subsequent statutory amendments. The arbitration shall be conducted by a sole arbitrator appointed by NABKISAN in accordance with applicable law and judicial precedent.The seat and venue of arbitration shall be Chennai, Tamil Nadu, India, and the proceedings shall be conducted in the English language. The award shall be final and binding on the parties. Pending the arbitral award, you shall continue to perform your obligations under these Terms, including the payment of instalments and other outstanding amounts. This clause shall survive termination of these Terms. The existence of any dispute shall not by itself constitute a claim against NABKISAN.

Disclaimer

THE APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NABKISAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.NABKISAN makes no warranties or representations about the accuracy or completeness of the App's content or the content of any websites linked to the App and assumes no liability or responsibility for:

Any errors, mistakes or inaccuracies in content and materials

Any unauthorised access to or use of NABKISAN's secure servers and / or any personal information stored therein

Any interruption or cessation of transmission to or from the App

Any bugs, viruses, trojan horses or the like that may be transmitted to or through the App by any third party

Any errors or omissions in any content or any loss or damage of any kind incurred as a result of any content posted, transmitted or otherwise made available via the App

NABKISAN is not a party to, and shall not be responsible for monitoring, any transaction between you and any third-party provider of products or services accessed through or in connection with the App.

Limitation of Liability

NABKISAN, its group companies, affiliates, directors and employees ("Entities") accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive or exemplary loss, damage or expenses) from use of the App by any User or any linked site, or inability to use it by any party, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with the App, its contents or associated services, or due to any unavailability of the App or any part of it, even if the Entities are advised of the possibility of such damages, losses or expenses.

Force Majeure: NABKISAN will not be held responsible for any delay or failure to comply with its obligations if such delay or failure arises from any cause beyond NABKISAN's reasonable control.

Nothing in these Terms shall exclude or limit any statutory rights, remedies or protections available to you under applicable laws, including but not limited to the Reserve Bank of India regulations, the Consumer Protection Act, 2019, or any other mandatory consumer protection laws in force in India.

This limitation of liability shall not apply to

Obligations imposed by the Reserve Bank of India or other regulatory authorities

Statutory rights that cannot be waived under Indian law

Cases of proven gross negligence or wilful misconduct by NABKISAN

Data protection violations resulting from NABKISAN's failure to implement adequate security measures as required by law

Severability

If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future applicable laws:

Such provision shall be replaced with another which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as the provision it replaces

The remaining provisions of these Terms shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance

Waiver

No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by NABKISAN. Any consent by NABKISAN to, or waiver of, your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

User Acceptance

The User acknowledges that he / she / it has read and fully understood all the terms and conditions hereinabove set out, and hereby agrees, accepts and undertakes to abide by the same.

If you have any questions about these Terms and Conditions, please contact us at:

Registered Office: NABKISAN Finance Limited, 48, Ground Floor, NABARD TNRO Building, Mahatma Gandhi Road, Nungambakkam, Chennai – 600 034

Telephone: 044 – 2827 0138 / 4213 8700 | Email:it@nabkisan.org | Website:www.nabkisan.org

Grievance Redressal Mechanism

If you have a grievance with respect to use of the App, you may raise it through the "Raise Complaint" feature within the App, which opens the NABKISAN Grievance Redressal Form. Complaints submitted through this form are routed to our authorised grievance management platform (Zoho) for tracking and resolution. NABKISAN has a structured grievance redressal mechanism in place where all grievances will be attended to as per a defined time schedule mentioned on our website. If you are not satisfied with the resolution, you may escalate the matter to the Reserve Bank – Integrated Ombudsman Scheme through the Complaint Management System (CMS) portal of the Reserve Bank of India.

Have a grievance about the App?Raise it via the Raise Complaint feature or write to it@nabkisan.org. All grievances will be attended as per a defined time schedule on our website.

Grievance Redressal

Terms and Conditions - FPO Connect

FOLLOW US ON