creditree

Terms of Service

This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and any other act applicable as per the terms and conditions here. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of http://creditree.co.

LAST REVISION: [May 26, 2015]

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR COMMUNICATING TO OTHERS THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, [http://creditree.co] (the "Website"). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Intellecap Advisory Services Private Limited (hereinafter referred to as the “Company”) holds complete responsibility over the Website and reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The Company will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. The Company encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein, which also incorporates Creditree’s Privacy Policy, Creditree’s Copyright Policy and all other operating rules, policies and procedures that may be published from time to time on the Website by the company, each of which is incorporated by reference and each of which may be updated by Creditree from time to time without an explicit notice to you. In addition, services offered may be subject to additional terms and conditions of partner organizations; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

The Website

The Company owns all legal rights, title and interest in and to the services provided through the Website, including any intellectual property rights which subsist in the services provided (whether those rights are registered or not, and wherever in the world those rights exist). The Website’s services may contain information which is designated confidential and that you shall not disclose such information without the Company’s prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the services offered by the Website. You will not copy or transmit any of the services offered.

The Website is intended for personal, non-commercial use. Only register to become a member of the Website if you are of sufficient legal age and can enter into binding contracts. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of the Website by you and anyone using your password and login information (with or without your permission). You may only use the Website to search for and to apply for business loans and you may not use the Website to make any fraudulent applications. You agree not to use the Website for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that might apply to you. We're running the Website in India, so remember that by using the Website, you agree to comply with laws that apply to India and your own country, including laws that apply to exporting technical data. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the Website.

Eligibility

The Website’s service is available only to individuals who are at least 18 years old. All users represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. The Company may, in its sole discretion, refuse to offer the Website’s services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service is revoked in such jurisdictions.

Modification of Terms of Service

The Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Service, or change, suspend, or discontinue the services (including without limitation, the availability of any feature, database, or content) at any time without notice. Creditree may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the services, following the posting of any changes, to the Terms of Service, constitutes acceptance of those changes.

Registration and Use

You may browse the Website and view content - browse and compare loan products - without registering, but as a condition to using certain aspects of the services, you are required to register with the Website and provide Creditree with accurate, truthful, and complete registration information (including, but not limited to your name, e-mail address and a password you will use to access the service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Creditree account. You shall not provide any false personal information to Creditree (including a false Username) or create any account for anyone other than yourself without prior permission; use a Username that is the name of another person with the intent to impersonate that person; use a Username subject to any rights of a person other than you without appropriate authorization; or use a Username that is a name and is offensive, vulgar or obscene. The Company reserves the right to refuse registration of, or cancel a Username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password on the Website. You shall never use another user’s account without such other user’s express permission. You will immediately notify Creditree in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Rules and Conduct

As a condition of use, you promise not to use the services for any purpose that is prohibited by the Terms of Service. The services (including, without limitation, any Content or User Submissions, as defined below, is provided only for your own personal use. You are responsible for all of your activity in connection with the services. For purposes of the Terms of Service, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, uploaded documents (pdf, docx, doc or any other format), software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Creditree or its partners on or through the services. By way of example, and not as a limitation, you shall not (and shall not permit any external third party to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the services, including without limitation any User Submission, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity
  • violates any law or contractual duty you know is false, misleading, untruthful or inaccurate
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy
  • is tortuous, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by the Company in its sole discretion
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”)
  • involves commercial activities and/or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Website or any third party; or
  • impersonates any person or entity, including any employee or representative of Website or the Company.

Additionally, you shall not:

  • take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Website’s (or its third party providers’) infrastructure;
  • interfere or attempt to interfere with the proper working of the services or any activities conducted on the services;
  • bypass any measures the Company may use to prevent or restrict access to the service (or other accounts, computer systems or networks connected to the service);
  • run any form of auto-responder or “spam” on the service; or
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.

You shall not (directly or indirectly):

  • decipher, compile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction,
  • modify, translate, or otherwise create derivative works of any part of the service, or
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive here under.

You shall abide by all applicable local, state, national and international laws and regulations. The Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Website or through the service. The Company has no obligation to monitor the Website, service, Content, or User Submissions. However, the Company reserves the right to

  • remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Website or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if the Company is concerned that you may have violated the Terms of Service), or for no reason at all and
  • to remove or block any User Submissions from the services.

Third Party Sites and Services

The services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Website. When you access third party websites, you do so at your own risk. These other websites are not under Creditree’s control, and you acknowledge that Creditree is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Creditree or any association with its operators. You further acknowledge and agree that Creditree shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

The services may permit you to interact with Expert advisors and Mentors (Chartered Accountants), Financial Institutions, Service Providers and other such associated providers or persons that may be related to various different services. When you act upon their advice or enter into any formal/informal business agreement with them, you do so at your own risk. These associated persons are not under the Company’s control, and you acknowledge that neither the Company nor these associated persons are responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such associated persons. You further acknowledge and agree that the Company or these associated persons, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Payments

Use of the Website is free of charge; however hiring expert services via the Website will incur a fee. The amount of fee might vary on a case to case basis and you are free to decide an amount in consultation with the expert. Creditree uses a secure connection using 128-bit SSL encryption and a PCI-DSS compliant payment processing system for payments. You are required to pay the experts only through this online payment system on Creditree and not by any other means (such as cash, cheque, DD, bank transfer etc.). Failure to abide by this may result in cancellation of your application or any other measure deemed appropriate by the Website.

Disclaimer of Warranty

The Website and all content and services provided on the Website are provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. The Company makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (b) The Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.

Content and License

You agree that the service contains Content specifically provided by the Company or its Partners (Partners include Experts and Financial Institutions) and that such Content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree to abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the services, if any. The Company grants each user of the Website and/or service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right

User Submissions

These services provide you with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, written forum comments, data, text, photographs, scripts, or other information to the Website (collectively, the “User Submissions”). By Submitting User Submissions on the Website or otherwise through the service, you:

  • acknowledge that you are publishing that User Submission, and that you may be identified publicly by your Username in association with any such User Submission;
  • hereby do and shall take responsibility for registering and protecting your intellectual property through appropriate means. The Company will in no way be responsible for the protection of your intellectual property; except by way of ensuring that user submissions where marked “private” by user are not shared publicly and that all user submissions are only visible to the Website partners who are responsible for evaluating, mentoring and otherwise supporting users.

Termination

The Company may terminate your access to all or any part of the services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by contacting the administrator of the Website. Any fees paid hereunder are non-refundable. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates and each of its affiliate employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Website, services, Content, or otherwise from your User Submissions, violation of the Terms of Service, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Creditree in asserting any available defenses.

Limitation of Liability

In no event shall the Company, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).

Dispute Resolution

A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Company agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Service shall be governed by and construed in accordance with the laws of the State of Telangana, excluding its conflicts of law rules, and India. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Hyderabad, India using English language in accordance with the Arbitration Rules and Procedures of Arbitration and Conciliation Act, 1996 then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures of Arbitration and Conciliation Act, 1996. The prevailing party in any arbitration or other proceeding arising under these Terms of Service shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this

Agreement, the parties consent to exclusive jurisdiction and venue in the Hyderabad High Court. Use of the services is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.

Integration and Severability

The Terms of Service are the entire agreement between you and the Company with respect to the services and use of the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Website. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Log Files

We use IP addresses to analyze trends, administer the site, track’s users’ movement and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.

Miscellaneous

Force Majeure [The Company] will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you. The Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact

We are located at Intellecap, 4th Floor, Building no 8-2-682/1, Next to Ohri’s, Road No 12, Banjara Hills, Hyderabad – 500 034, Telangana, India. These terms are effective May 1, 2015.

Any user registers with the Company under this platform/website should conduct its own investigation and analysis of any such information, data, contained or disseminate under this platform/website. Company makes no representations and warranties regarding the accuracy or completeness of such information and expressly disclaims and all liabilities based on such information or any omission therefrom. The Company does not accept responsibility for any losses or damages arising directly, or indirectly, from the use of this platform/website.

Company also does not provide any protection of Intellectual Property or any such right of any information, ideas, suggestions, advices, services shared under this platform/website. It is the sole discretion of the user to use any information, ideas, suggestions, advices, services shared under this platform/website and arrive at any decision.

As a condition of your use of this platform/website you warrant to the Company that you will not use the platform/website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User shall not use this platform/website in any manner which could damage, disable, overburden, or impair the Company or interfere with any other party’s use and enjoyment of this platform/website.

The Company also reserves the right in its sole discretion, to terminate your access to the platform/website and the related services or any portion thereof at any time, without notice.