Terms & Conditions

Note: Next Capital is a mobile application owned by KOHINOOR FINTECH PRIVATE LIMITED (CIN: xxxxxxxxxxxx), a company registered under the Companies Act, 2013. Please refer to our Privacy Policy. Our lending partner is BILLUS INVESTMENTS PRIVATE LIMITED, a registered NBFC (CIN: U67120DL1997PTC085697). Please refer to their Privacy Policy.

These Terms and Conditions ("T&C") contain the complete terms and conditions that apply to a Client and govern the Client's access to and use of the Service provided through the Kohinoor Fintech website and the Next Capital mobile application (together, the "Platform"), owned and operated by KOHINOOR FINTECH PRIVATE LIMITED (CIN: xxxxxxxxxxxx) ("Kohinoor Fintech", "Company", "we", "us", or "our"). Loans offered on the Platform are provided by BILLUS INVESTMENTS PRIVATE LIMITED (R.B.I. Reg. No. 14.01519, CIN: U67120DL1997PTC085697) ("Lender"), an RBI-registered NBFC. However, some of the Services may require the Client to agree to additional terms and conditions. Unless otherwise provided, those additional terms shall be deemed to be incorporated into the T&C.

These T&C are drafted in compliance with applicable Indian laws, Reserve Bank of India (RBI) guidelines on digital lending, and Google Play Developer and Financial Services policies.

1. Acceptance of Terms

By (i) using the Platform or availing the Services provided through the Platform in any way; or (ii) browsing the Platform, the Client is deemed to have read, understood and accepted the T&C as well as any privacy policy that may be available on the Platform.

The Client acknowledges that by accessing and using the Platform and availing any of the Services, it agrees to be bound by the T&C. The T&C establish a contractual relationship between KOHINOOR FINTECH PRIVATE LIMITED and the Client.

In the event the Client is not agreeable to the T&C, it shall not access the Platform or avail the Services.

The T&C contained herein expressly supersede all prior agreements or arrangements between KOHINOOR FINTECH PRIVATE LIMITED and the Client.

The Client understands that the access to the Platform and the offer of Services is conditional upon the Client's irrevocable consent and acceptance of all the terms, conditions and obligations contained in the T&C (as may be amended from time to time).

2. Agreeing to Terms and Conditions

By agreeing to the T&C and by availing the Services, the Client represents that it is lawfully able to enter into contracts (if an individual) or has the legal authority to enter into contracts on behalf of the body corporate/company/partnership.

The Client acknowledges that KOHINOOR FINTECH PRIVATE LIMITED owns and operates the Platform, including the Next Capital app, as a Lending Service Provider and does not itself lend money. All loans are provided directly by BILLUS INVESTMENTS PRIVATE LIMITED (R.B.I. Reg. No. 14.01519, CIN: U67120DL1997PTC085697), an RBI-registered Non-Banking Financial Company (NBFC). The Company shall in no manner be liable or responsible for any transaction beyond its role as platform operator and Lending Service Provider, and the Lender shall in no manner be liable or responsible for any transaction beyond its role as Lender.

The Client acknowledges and agrees that any use of the Platform and the availing of the Services is at the sole risk of the Client.

The Client acknowledges and agrees that it is solely responsible for its data uploaded to or transmitted through the Platform, and for the consequences of uploading or transmitting such data.

The Client acknowledges, represents, and warrants that with respect to any data posted on or transmitted through the Platform:

It has all necessary licenses, rights, consents, and permissions to upload, transmit, or publish such data and that it grants KOHINOOR FINTECH PRIVATE LIMITED and the Lender an express, irrevocable license and authorization to use such data for the Services; and
Any use by KOHINOOR FINTECH PRIVATE LIMITED or the Lender of the data uploaded, transmitted, or published by the Client on the Platform will not constitute infringement of any third party's rights.

The Client agrees and acknowledges that it is solely responsible to KOHINOOR FINTECH PRIVATE LIMITED and to any Counterparty for any breach of its obligations under the T&C and for the consequences of any such breach (including any loss or damage which KOHINOOR FINTECH PRIVATE LIMITED may suffer).

3. Scope of Services

The Next Capital mobile application is developed, owned and operated by KOHINOOR FINTECH PRIVATE LIMITED (CIN: xxxxxxxxxxxx) ("Company"), acting as a Lending Service Provider of BILLUS INVESTMENTS PRIVATE LIMITED (R.B.I. Reg. No. 14.01519, CIN: U67120DL1997PTC085697) ("Lender"), for the purpose of offering and managing digital lending services. All loans made available through the application are provided directly by the Lender in accordance with Guidelines set by R.B.I.

The Services provided through the application include:

Enabling Users to apply for loans directly offered by the Lender
Collecting and verifying User Data for KYC, credit assessment, regulatory compliance, and fraud prevention
Facilitating the execution of mandates, consents, and required documentation
Providing customer support and account-related information regarding the loan

Loan approval, interest rates, tenure, fees, and repayment terms are determined solely by the Lender, BILLUS INVESTMENTS PRIVATE LIMITED (R.B.I. Reg. No. 14.01519), and are specified in the Loan Agreement executed between the User and the Lender.

4. User Eligibility and Registration

In order to access the Platform and to obtain the benefit of the Services, the Client will have to register and create an account by providing accurate and complete information. KOHINOOR FINTECH PRIVATE LIMITED is not responsible for verifying the accuracy of any such information.

KOHINOOR FINTECH PRIVATE LIMITED reserves the right to reject the request for creation of the account, at its sole discretion, if the data or information submitted appears to be incomplete, incorrect or fraudulent.

By registering on the Platform, you confirm that:

You are at least 21 years of age
You are legally competent to enter into contracts under Indian law
All information provided by you is accurate, complete, and not misleading

On the creation of the account, KOHINOOR FINTECH PRIVATE LIMITED grants to the Client a non-exclusive, limited privilege to access and use the Platform and the Services offered on the Platform, subject to compliance with the T&C. The account is non-transferable and its use is restricted to the Client creating the account.

The Client is solely responsible for its account and any activity on it, and must keep the log-in credentials (log-in ID and password) secure at all times. The Client shall not sell, transfer or sub-license the log-in credentials to any other person. The Client shall promptly on becoming aware of any unauthorized use of its account, notify KOHINOOR FINTECH PRIVATE LIMITED at [email protected]. Failure of the Client to notify KOHINOOR FINTECH PRIVATE LIMITED may create liability on the Client for any losses/damages caused by any unauthorized use of the account.

The availing of the Services and the use of the Platform is only for purposes permitted by: (i) the T&C; and (ii) any applicable law, regulation or generally accepted practices or guidelines.

5. User Data and Privacy

Collection and processing of User Data is governed by our Privacy Policy. By using the Platform, you consent to lawful collection, use, and sharing of User Data strictly for purposes such as KYC, loan processing, regulatory compliance, and fraud prevention.

Kohinoor Fintech does not access personal communications or data beyond what is necessary for the Services.

The storage, usage, and transmission of all information obtained through the Platform shall at all times be in accordance with the Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Digital Personal Data Protection Act, 2023, and all other applicable laws.

The Client shall at all times have appropriate technical and organisational measures in place to: (i) prevent unauthorised or unlawful processing of any Personal Data/Confidential Information; (ii) protect any Personal Data/Confidential Information against accidental loss, destruction or damage; and (iii) ensure the reliability of its employees/contractors having access to the Personal Data/Confidential Information.

6. General Undertakings of the Client

The Client agrees to access any information, material, and documents on the Platform only through the authorised access provided by KOHINOOR FINTECH PRIVATE LIMITED.

The Client shall not use or attempt to use any unauthorised means, including but not limited to, use of any deep link, program, automatic device, algorithm or methodology, or any similar processes, or hacking to access, utilise, copy or monitor any part/feature of the Platform or its content.

The Client undertakes not to attempt to gain any unauthorized access to the Platform, the server on which the Platform is hosted, or any other database, server or computer connected to the Platform.

The Client shall not misuse the Services or corrupt or try to corrupt the Platform by introducing any bugs, viruses, worms, malware, spyware, or any similar program which is malicious or harmful.

The Client further undertakes not to:

Impersonate any person or entity, or misrepresent its affiliation with a person or entity
Publish, post, upload or distribute files that contain bugs, viruses, worms, malware, spyware or any similar program, or corrupted files that may disrupt the operation of the Platform
Engage in any activity that disrupts access to the Platform or the Services
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, accounts, passwords, servers or networks connected to or accessible through the Platform
Upload or distribute files that contain material infringing copyrights, trademarks, confidentiality, privacy or any other proprietary information protected by law
Use the Platform or Services for any purpose that is fraudulent, unlawful or prohibited by the T&C and by applicable law
Upload or distribute any material or information that is illegal, inappropriate, profane, obscene, offensive, abusive, harassing, misleading, indecent, defamatory, disparaging, or menacing
Decompose, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform
Use the Platform for fraudulent, unlawful, or deceptive activities
Copy, modify, distribute, or reverse-engineer any part of the Platform

7. Loan Application and Repayment

Submission of a loan application does not guarantee loan approval.
Loan disbursement is subject to execution of the Loan Agreement and completion of all required verifications.
Repayment obligations are governed by the Loan Agreement.
Uninstalling the App or closing the account does not extinguish repayment obligations. Users remain liable until all Outstanding Amounts are fully repaid.

8. Confidentiality

The Client acknowledges and agrees that any information including names, assets, details, documents, transaction records, potential transactions, negotiations, pending negotiations, data, applications, software, systems, papers, statements, business information, marketing and financial information, databases, manuals, records and reports, articles, systems, material, sources of material, and any other data pertaining to Counterparties and KOHINOOR FINTECH PRIVATE LIMITED, available to it through the Platform ("Confidential Information") is of a sensitive and confidential nature.

The Client undertakes to keep all Confidential Information confidential and shall ensure that none of its employees, agents, representatives do anything to breach the confidentiality. The Client may disclose Confidential Information only to:

Its employees, representatives, agents or contractors on a 'need to know' basis and only for the purposes of performance of its obligations under the transaction/Services;
The extent required by any regulatory authority or governmental authority under applicable law; and
Any other party with the Client's prior written consent.

The Client agrees to: (i) take all necessary action to protect the Confidential Information against misuse, sale, loss, destruction, deletion and/or alteration; (ii) use the Confidential Information in connection with the Services/transaction for which the Confidential Information is obtained; and (iii) not to misuse or permit misuse, directly or indirectly, commercially exploit the Confidential Information for economic or other benefit.

9. License and Acceptable Use

KOHINOOR FINTECH PRIVATE LIMITED grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform for personal, lawful purposes only.

The Platform and the arrangement and processes thereof, including but not limited to all text, graphics, user interfaces, visual interfaces, and the computer code, is owned by KOHINOOR FINTECH PRIVATE LIMITED, and the design, structure, and arrangement thereof is protected by copyright, patent and trademark laws, and all other applicable intellectual property laws.

The trademarks, logos and marks displayed on the Platform are the property of KOHINOOR FINTECH PRIVATE LIMITED. The Client shall not use any trademarks, logos and marks not belonging to it, without the prior written consent of KOHINOOR FINTECH PRIVATE LIMITED.

10. Third-Party Services and Links

The Platform may contain links to third-party websites or services. KOHINOOR FINTECH PRIVATE LIMITED does not control or endorse such third-party services and is not responsible for their content, terms, or practices. Users are advised to review the privacy policies and terms of any third-party platforms they engage with.

KOHINOOR FINTECH PRIVATE LIMITED does not endorse, guarantee, or assume any responsibility for any third-party services, and will not be a party to, or in any way responsible or liable for any transaction between the Client and any third party on or through the Platform.

11. Communications

By using the Platform, you consent to receive communications via SMS, email, in-app notifications, or calls for service-related purposes such as OTP verification, transaction updates, loan-related information, and regulatory disclosures. Marketing communications, where applicable, will be sent only with your explicit consent and in compliance with applicable laws.

The Client acknowledges that any communication received from the Platform, including emails, are automated communications and KOHINOOR FINTECH PRIVATE LIMITED is not responsible for any inaccuracy in the content thereof.

12. Security of Data

All facilities used to store data and process transactions will adhere to reasonable security standards, which will be at par with KOHINOOR FINTECH PRIVATE LIMITED's security standards for processing and storing its own information of a similar nature. KOHINOOR FINTECH PRIVATE LIMITED has implemented industry-standard systems and procedures to ensure the security and confidentiality of transactions and related data, protect the Client against anticipated threats or breaches to the security or integrity of a transaction and related data, and protect the Client against unauthorized access to its data.

KOHINOOR FINTECH PRIVATE LIMITED reserves the right to perform statistical analysis of the activity on the Platform in order to measure interests in the various sections of the Platform for the purpose of product and service development. Any non-personal information such as internet domain, host names, IP addresses, clickstream patterns, and the dates and times on which the Platform is accessed may be recorded for the purpose of analysis. The analytical data collected is for internal use only.

13. Taxes

The Client shall be responsible for identifying and paying all taxes, duties, cess and other fees and charges (and any penalties, interest, and other additions thereto) that are payable by the Client with respect to the transactions through the Platform.

KOHINOOR FINTECH PRIVATE LIMITED will not be liable to pay any taxes which are payable by the Client to any governmental authority for any such transaction.

14. Suspension and Termination

KOHINOOR FINTECH PRIVATE LIMITED does not guarantee uninterrupted access to the Platform. The access to Platform or the Services may be disrupted:

On the occurrence of a Force Majeure Event;
For the purposes of repair, maintenance, upgrading or for other similar activities.

KOHINOOR FINTECH PRIVATE LIMITED undertakes to take all reasonable measures to minimize any such periods during which the Platform and the Services are unavailable and shall put best effort in resuming the Services and the Platform.

KOHINOOR FINTECH PRIVATE LIMITED may suspend or terminate access to the Platform, with or without notice, if: (i) you violate these T&C or applicable laws; (ii) required by law or regulatory authorities; or (iii) there is suspected fraud, misuse, or security risk. Termination does not affect your obligations under any Loan Agreement.

KOHINOOR FINTECH PRIVATE LIMITED reserves the right to restrict or suspend access to the Platform or terminate the Platform completely, at its sole discretion.

All provisions of the T&C, which by their nature should survive termination, shall survive termination, including, without limitation, ownership, warranty, limitations of liability, confidentiality, disclaimers, and indemnity.

15. Disclaimer of Warranties

The Platform and Services are provided on an "as is" and "as available" basis. KOHINOOR FINTECH PRIVATE LIMITED hereby disclaims all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, availability, accuracy, completeness, security or reliability of the Services and/or any data uploaded, used or transmitted on or through the Platform.

The Client uses the data and/or the Services through the Platform at its own discretion and risk. KOHINOOR FINTECH PRIVATE LIMITED does not warrant: (i) continuous or error-free operation; (ii) accuracy or completeness of third-party information; or (iii) loan approval or specific financial outcomes.

Nothing on our platform constitutes financial, legal, or professional advice. You should independently verify any information before relying on it and consult appropriate advisors where necessary.

16. Limitation of Liability

To the maximum extent permitted by law, KOHINOOR FINTECH PRIVATE LIMITED, its directors, employees, agents, and associates, will not be liable with respect to any subject matter relating to the T&C under any contract or torts, or on account of negligence, strict liability or other legal or equitable rights for: (i) any special or consequential damages; (ii) for interruption of use; or (iii) loss or corruption of data.

KOHINOOR FINTECH PRIVATE LIMITED shall not be liable or responsible for:

Any faulty operation of system during accessing of Platform or during the transmission/transfer of any data/information;
Any damage that occurs due to any information provided by the Client not being received by KOHINOOR FINTECH PRIVATE LIMITED or not being received promptly or appropriately, as a consequence of technical faults with the Platform;
Any loss or damage caused due to any bugs, viruses, worms, malware, spyware or any similar program that may infect the Client's computer, software, data or any other property caused by accessing or using the Platform;
Any failure to perform, or delay in performance of, any obligations or Services due to events outside KOHINOOR FINTECH PRIVATE LIMITED's reasonable control;
Indirect, incidental, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of use of or inability to use the Platform.

The liability of KOHINOOR FINTECH PRIVATE LIMITED towards a Client shall in any event not exceed INR 1,000.

17. Transfer of Rights

The T&C are binding on the Client, its successors and permitted assigns. The Client may not transfer, assign, charge or otherwise dispose of any of its rights, benefits, liabilities or obligations under the T&C without the prior written consent of KOHINOOR FINTECH PRIVATE LIMITED.

However, KOHINOOR FINTECH PRIVATE LIMITED may transfer, assign, sub-contract or otherwise dispose of any of its rights, benefits, liabilities or obligations under the T&C at any time, or involve or appoint any third party to satisfy its obligations, without any necessity to notify the Client.

18. Indemnity

You agree to indemnify and hold harmless KOHINOOR FINTECH PRIVATE LIMITED (including its directors, officers, employees, representatives, and agents) from time to time, against any and all losses, liabilities, obligations, damages, judgments, costs, expenses (including, without limitation, advisors' fees), claims, fines, penalties, proceedings, actions or demands, of any kind or nature incurred by KOHINOOR FINTECH PRIVATE LIMITED as a result of:

Your breach of these T&C
Violation of applicable laws
Misuse of the Platform
The Client's use of the Platform or the Services, including but not limited to the violation of the T&C

19. Force Majeure

KOHINOOR FINTECH PRIVATE LIMITED shall not be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to:

Strikes, lock-outs or other industrial action;
Riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of public or private telecommunications networks or internet services; and
Acts, decrees, legislation, regulations or restrictions of any government, as may be applicable.

20. Modifications to T&C

We may modify these T&C from time to time to reflect, inter alia, changes in market conditions, technology, requirements, and applicable laws. Updated T&C will be posted on the Platform with a revised effective date. KOHINOOR FINTECH PRIVATE LIMITED shall not be obligated to obtain any approval/consent on the revised T&C.

The Client is deemed to be aware of the latest T&C and the use of Platform and the availing of the Services is subject to the most current version of the T&C available on the Platform at the time of such use. Continued use of the Platform constitutes acceptance of the revised Terms.

21. Severability

Every provision contained in the T&C shall be severable and distinct from every other provision and if at any time any one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not be in any way affected or impaired thereby.

22. Waivers

Neither the failure to exercise nor any delay in exercising any right, power, privilege or remedy under the T&C shall in any way impair or affect the exercise thereof or operate as a waiver thereof in whole or in part.

No single or partial exercise of any right, power, or privilege under the T&C shall prevent any further or other exercise thereof or the exercise of any other right, power, privilege or remedy.

23. Governing Law and Jurisdiction

These T&C shall be governed by and construed in accordance with the laws of India. Courts at Gurugram, Haryana shall have exclusive jurisdiction. The Client irrevocably waives any objection it may have now or in the future to the choice of courts at Gurugram, Haryana as an inconvenient forum.

24. Grievance Redressal

For any queries, complaints, or grievances, please contact our Grievance Officer:

Name: Abhinav

Email: [email protected]

Customer Care: [email protected]

Address: Building No. 1496, Sector-45, Gurugram, Haryana – 122002

Grievances will be addressed within timelines prescribed under applicable law and RBI guidelines.

Annexure – Definitions

Unless repugnant to the context, the terms used in the T&C have the following meaning:

"Application" / "Platform" means the Next Capital mobile application and the Kohinoor Fintech website through which Users may access lending-related services.

"Client" means any person who has an account on the Platform.

"Company" means KOHINOOR FINTECH PRIVATE LIMITED, the owner and operator of the Platform (the Kohinoor Fintech website and the Next Capital app), acting as a Lending Service Provider of the Lender.

"Lender" means BILLUS INVESTMENTS PRIVATE LIMITED, being an RBI-regulated NBFC (R.B.I. Reg. No. 14.01519) that provides loans to Users through the Platform.

"Loan" means the financial facility sanctioned by the Lender to a User pursuant to a Loan Agreement.

"Loan Agreement" means the legally binding agreement executed between the User and the Lender, either digitally or physically.

"Outstanding Amount" means the principal, interest, fees, penalties, or other amounts payable by the User to the Lender.

"Services" means facilitation of loan discovery, application, verification, disbursement, and related customer support services provided through the Platform.

"User Data" means information and documents submitted by the User on the Platform.

"Force Majeure Event" includes any act, event, non-happening, omission or accident beyond the reasonable control of KOHINOOR FINTECH PRIVATE LIMITED, including strikes, war, natural disasters, impossibility of use of telecommunications networks, and acts of government.

"Personal Data" shall have the same meaning as ascribed to the term "Sensitive Personal Data or Information" under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (as amended from time to time).

"Confidential Information" means any information including names, assets, details, documents, transaction records, data, business information, marketing and financial information, databases, and any other data pertaining to Counterparties and KOHINOOR FINTECH PRIVATE LIMITED, available to the Client through the Platform.