GENERAL TERMS
OF USE
Welcome to www.crediixa.in (“Website”) Partnership firm
(‘’CREDIIXA’’), a company incorporated under the
provisions of the Companies Act, 1956 and having its registered office at
Prince Info Park, Block-B, 7th Floor, 81B, 2nd Main Road, Ambattur
Industrial Estate, Ambattur, Chennai 600058.
This document/agreement/understanding is a computer-generated electronic
record published in terms of Rule 3 of the Information Technology
(Intermediaries Guidelines) Rules, 2011 read with Information Technology Act,
2000 and does not require any physical or digital signatures.
Before you may use
the Website, you must read all of these General Terms of Use (“Terms”) herein and the Privacy Policy provided on the Website. By using CREDIIXA's
products, software, services, and the Website or by availing any products
offered by CREDIIXA’s partner institutions or third parties (“Services”), you understand and agree that CREDIIXA will treat your use of the
Services as acceptance of these Terms from such point of usage. You may not use
the Services if you do not accept the Terms. If you do not agree to be bound by
these Terms and the Privacy Policy, you may not use the Website in any way. It
is strongly recommended for you to return to this page periodically to review
the most current version of the Terms in force. CREDIIXA reserves the right at
any time, at its sole discretion, to change or otherwise modify the Terms
without prior notice, and your continued access or use of this Website
signifies your assent/ratification of the updated or modified Terms. If you
object to these Terms or any subsequent modifications to these Terms in any
way, your only recourse is to immediately terminate use of the Website. We may require you to agree to additional terms (if any) between you and
CREDIIXA in connection with specific services that you may avail from time to
time. The service provided by CREDIIXA through Website is available and appropriate
only for use in India.
- PROPRIETARY RIGHTS
You acknowledge and agree that CREDIIXA owns all rights, title and
interest in and to the Services, including any intellectual property
rights which subsist in the Services (whether registered or not). You
further acknowledge that the Services may contain information which is
designated confidential by CREDIIXA and that you shall not disclose such
information without CREDIIXA's prior written consent.
CREDIIXA grants you a limited license to access and make personal use of
the Website and the Services. This license does not confer any right to
download, copy, create a derivative work from, modify, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sub-license, grant a security interest in or otherwise transfer
any right in the Services. You do not have the right to use any of CREDIIXA's
trade names, trademarks, service marks, logos, domain names, and other
distinctive brand features. You do not have the right to remove, obscure,
or alter any proprietary rights notices (including trademark and copyright
notices), which may be affixed to or contained within the Services. You
will not copy or transmit any of the Services.
- USAGE OF THE WEBSITE
The Website is intended for personal and non-commercial use. You shall
register to become a member of the Website only if you are of the age of
18 or above and can enter into binding contracts as per applicable laws.
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 also agree to provide true, accurate, current and complete information
about yourself as and when prompted by the Website. If you provide any
information that is untrue, inaccurate, not updated or incomplete (or
becomes untrue, inaccurate, not updated or incomplete), or CREDIIXA has
reasonable grounds to suspect that such information is untrue, inaccurate,
not updated or incomplete, CREDIIXA shall have the right to suspend or
terminate your account and/or refuse any and all current or future use of
the Website (or any portion thereof) or Services in connection thereto.
By making use of the Website, and furnishing your personal/contact
details, you hereby agree that you are interested in knowing more or
availing and/or purchasing various products, services, offers, campaigns
or other promotional material that CREDIIXA or any other third party may
offer/provide/share/send you from time to time through any means including
but not limited to telephone, SMS (short messaging service), electronic
mail (e-mail), Whatsapp or any other messaging
service/mobile application or any other physical, electronic or digital
means/mode . You hereby agree that CREDIIXA may contact you either
electronically or through phone, to understand your interest in the
selected products and Services and to fulfil your demand or complete your
application. Further you also expressly agree and authorize CREDIIXA and
its partners, service providers, vendors and other third parties to
contact you for the purpose of offering or inviting your interest in
availing other products or services offered by third parties, or for
sending other marketing campaigns, offers, or any other information either
on the Website or through other means including but not limited to
telephone, SMS (short messaging service), electronic mail (e-mail), Whatsapp or any other messaging service/mobile
application or any other physical, electronic or digital means/mode.
You specifically understand and agree that by using the Website you
authorize CREDIIXA , its affiliates, partners and
third parties to contact you for any follow up calls in relation to the
Services provided through the Website and for offering or inviting your
interest in availing any other product or service offered by CREDIIXA or
such third parties. You agree and consent to receive communications
relating to all of the above on your phone/mobile number provided by you
on the Website and expressly waive any registration or preference made
under DND/NCPR list under the applicable TRAI regulations.
You agree and authorize CREDIIXA to share your information, with its group
companies, vendors, service providers of CREDIIXA and other third parties,
in so far as required for marketing purposes/offering/cross-selling
various products and services and/or to provide you with various value-added
services, in association with the Services selected by you or generally
otherwise. You agree to receive communications through e-mails, telephone
and/or SMS, from CREDIIXA or third parties. You also agree that CREDIIXA
reserves the right to make your details available to its partner
banks/financial institutions, vendors, service providers, business
partners, agents or any other third party and that you may be contacted by
such partners and/or the third party for information through email,
telephone and/or SMS. If you request not to receive such
communication/marketing material any further, it shall be applicable
prospectively only and shall not apply in respect to your data already
shared by CREDIIXA with its partners upon your prior consent. In case you
do not wish to receive any such communication/marketing materials from our
partner banks/ financial institutions/third parties, we request you to
kindly get in touch with them independently, without involving CREDIIXA.
You agree and acknowledge that for undertaking any financial transaction
through the Website, CREDIIXA may undertake client/customer due diligence
measurers and seek mandatory information required for Know-Your-Customer
(“KYC”) purpose which as a customer you are obliged to give, while facilitating
your request of loan/credit card/mutual fund and other financial product
requirements with the banks/financial institutions, in accordance with
applicable law and regulations. CREDIIXA may obtain sufficient information
to establish, to its satisfaction or the banks/financial institutions, the
identity of each new customer/user, and to ascertain the purpose of the
intended nature of relationship between you and the bank/financial
institution. You agree and acknowledge that CREDIIXA can undertake enhanced
due diligence measures (including any documentation), to satisfy itself
relating to customer due diligence requirements in line with the
requirements and obligations under applicable laws and regulations.
The usage of the Website may also require you to provide consent for
keying in your Personal Information (“PI”) (including but not limited to
any personal data or sensitive personal data as defined under applicable
law) or to authorize CREDIIXA to derive your data/information from any
source or public registry, as may be necessary to complete your profile or
your application on the Website, conduct due diligence on you, assessing
your eligibility for the products/services, undertaking KYC checks by CREDIIXA
or any other third party and/or to process your application through this
Website. Your PI may also be used or shared with third parties, including
but not limited to our vendors, service providers, analytics and research
partners in India and abroad, with the sole objective of making your
experience on the Website better, faster, friction-less and paperless to
the extent possible.. However, CREDIIXA shall adhere to best industry
practices including information security, data protection and privacy law
while processing such applications. However, CREDIIXA shall not be liable
to you against any liability or claims which may arise out of such
transactions as any such PI is being collected, used, processed and shared
with your explicit consent.
You shall not sell CREDIIXA’s Services, information, or software
associated with or derived from it or use any robot, spider, other
automatic device, or manual process to monitor or copy the Website and or
its content or interfere or disrupt the Website; take any action that
imposes an unreasonably or disproportionately large load on CREDIIXA’s
infrastructure/network or use any device, or interfere or attempt to
interfere with the CREDIIXA Services or forge headers or manipulate
identifiers or other data in order to disguise the origin of any content
transmitted through CREDIIXA or to manipulate your presence on the
Website.
You may only use the Website to search for and to apply for loans, mutual
funds, credit cards or other financial products as may be displayed on the
Website from time to time and you shall not use the Website to make a
fraudulent application for any products listed on the Website. 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. Since
the Website is in operation in India, while using the Website, you shall
agree to comply with laws that apply to India and your own country (in
case of you being a foreign national). 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. CREDIIXA does
not provide any Service to individuals resident in the European Union,
European Economic Area, Switzerland, Guernsey and Jersey.
You are prohibited from posting or transmitting to or through this
Website: (i) any unlawful, threatening,
libellous, defamatory, obscene, pornographic, or other material or content
that would violate rights of publicity and/or privacy or that would
violate any law; (ii) any commercial material or content (including, but
not limited to, solicitation of funds, advertising, or marketing of any
good or services); and (iii) any material or content that infringes,
misappropriates or violates any copyright, trademark, patent right or
other proprietary right of any third party. You shall be solely liable for
any damages resulting from any violation of the foregoing restrictions, or
any other harm resulting from your posting of content to this Website.
- PRIVACY POLICY
By using the Website, you hereby consent to the
use of your information as we have outlined in our Privacy Policy.
- THIRD PARTY LINKS/OFFERS
This Website may provide links to other websites or resources. Since CREDIIXA
has no control over such third party websites and resources, you acknowledge
and agree that CREDIIXA is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and agree
that CREDIIXA 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 use of or reliance on any such content, goods or services available
on or through any such site or resource. Your interaction with any third
party accessed through the Website is at your own risk, and CREDIIXA will
have no liability with respect to the acts, omissions, errors,
representations, warranties, breaches or negligence of any such third
parties or for any personal injuries, death, property damage, or other
damages or expenses resulting from your interactions with the third
parties.
- OUR PARTNERS
Display of loan, mutual funds, credit card or other financial products,
offered by third parties, on the Website does not in any way imply,
suggest, or constitute any sponsorship, recommendation, opinion, advice or
approval of CREDIIXA in favour/against such third parties or their
products. You agree that CREDIIXA is in no way responsible for the
accuracy, timeliness or completeness of information it may obtain from
these third parties.
Your interaction with any third party accessed through the Website is at
your own risk, and CREDIIXA will have no liability with respect to the
acts, omissions, errors, representations, warranties, breaches or
negligence of any such third parties or for any personal injuries, death,
property damage, or other damages or expenses resulting from your
interactions with the third parties.
You agree and acknowledge that the credit shall be at the sole discretion
of CREDIIXA’s financial partners (lenders, credit card companies, mutual
fund companies) while making any application through the Website for a
financial product offered by such financial partners; CREDIIXA shall not
be held liable for any delay, rejection or approval of any application
made through its 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. CREDIIXA 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. CREDIIXA 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 Website will be accurate or reliable; or (d) the quality of any
products, services, information, or other material obtained by you through
the Website will meet your expectations.
Some of the content on the Website is aimed at spreading general awareness
about various financial and ancillary services but does not constitute any
investment advice, and the same shall not be construed as any
solicitation, endorsement, advertising, marketing or promotion of such
services by CREDIIXA. These content and/or information are derived from
publicly available sources and CREDIIXA cannot verify or confirm the
genuineness, authenticity or veracity of such information.
CREDIIXA, either directly, or through its business partners/vendors may
enter into agreements with third party payment gateway aggregators and
financial institutions authorized by the Reserve Bank of India for
collection, refund and remittance and to facilitate payment between you, CREDIIXA
and its business partners, as the case may be. CREDIIXA shall initiate the
remittance of the payments made by you and the date of completion of
transaction shall be after the products are delivered to the you or
after the Services are rendered to you and
such other additional time as may be agreed between Website and its
business partners, as the case may be.
While availing any of the payment method/s available on the Website, CREDIIXA
will not be responsible or assume any liability, whatsoever in respect of
any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s, or
2. Any payment issues arising out of the transaction, or
3. Illegitimacy of the payment methods (credit/debit card frauds etc.)
being used by a you;
4. Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right
to conduct additional verification for security or other reasons if it is
not satisfied with the creditability of you/your transaction.
Use of the payment facilities provided by the Website shall not render the
Website liable or responsible for the non-delivery, non-receipt,
non-payment, damage, breach of representations and warranties,
non-provision of after sales or warranty services or fraud as regards the
products or services listed on the Website. The Website shall not be
responsible for any damages, interests or claims arising from not
processing a transaction.
You hereby agree to provide accurate information, such as credit/debit
information for purchasing any Service or product on or through the
Website. You further warrant that you shall not use payment information or
instrument that is not lawfully owned by you. In addition to this terms of
use, the terms and conditions of the bank or other financial institution
shall also be applicable to every user. The Website disclaims any
liability arising out of declining of payment by such bank or financial
institution.
No deliveries of the products/services shall be made outside the
territorial boundaries of India.
- LIMITATION OF LIABILITY
CREDIIXA (including its officers, directors, employees, representatives,
affiliates, and providers) will not be responsible or liable for (a) any
injury, death, loss, claim, act of god, accident, delay, or any direct,
special, exemplary, punitive, indirect, incidental or consequential
damages of any kind (including without limitation lost profits or lost
savings), whether based in contract, tort, strict liability or otherwise,
that arise out of or is in any way connected with (i)
any failure or delay (including without limitation the use of or inability
to use any component of the Website), or (ii) any use of the Website or
content, or (iii) the performance or non-performance by us or any
provider, even if we have been advised of the possibility of damages to
such parties or any other party, or (b) any damages to or viruses that may
infect your computer equipment or other property as the result of your
access to the Website or your downloading of any content from the Website.
The Website may provide links to other third-party websites. However,
since CREDIIXA has no control over such third-party websites, you
acknowledge and agree that CREDIIXA is not responsible for the
availability of such third-party websites and does not endorse and is not
responsible or liable for any content, advertising, products or other
materials on or available from such third-party websites. You further
acknowledge and agree that CREDIIXA 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 use of or reliance on any such content,
goods or services available on or through any such third-party websites.
Such third-party website may have separate terms and conditions and
privacy policy, and which are independent of CREDIIXA and therefore, we
advise you to read the terms and conditions available on such website
before you access any such third-party website.
- INDEMNITY
You agree to indemnify and hold CREDIIXA (and its officers, directors,
agents and employees) harmless from any and against any claims, causes of
action, demands, recoveries, losses, damages, fines, penalties or other
costs or expenses of any kind or nature, including reasonable attorneys'
fees, or arising out of or related to your breach of this Terms, your
violation of any law or the rights of a third party, or your use of the
Website.
- WAIVER
Any failure or delay by CREDIIXA to enforce or
exercise any provision of these Terms, or any related right, shall not
constitute a waiver by CREDIIXA of that provision or right. The exercise
of one or more of CREDIIXA’s rights hereunder shall not be a waiver of, or
preclude the exercise of, any rights or remedies available to CREDIIXA
under these Terms or in law or at equity. Any waiver of any provision
shall only be effective if made in writing and executed by a duly
authorized officer of CREDIIXA.
- FORCE MAJEURE
If performance of Services/Website by CREDIIXA is prevented, restricted,
delayed or interfered with by reason of labour disputes, strikes, acts of
God, floods, lightning, severe weather, shortages of materials, rationing,
inducement of any virus, malware, trojan or
other disruptive mechanisms, any event of hacking or illegal usage of the
Website, utility or communication failures, earthquakes, war, revolution,
acts of terrorism, civil commotion, acts of public enemies, blockade,
embargo or any law, order, proclamation, regulation, ordinance, demand or
requirement having legal effect of any government or any judicial
authority or representative of any such government, or any other act
whatsoever, whether similar or dissimilar to those referred to in this
clause, which are beyond the reasonable control of CREDIIXA and could not
have been prevented by reasonable precautions, then CREDIIXA shall be
excused and discharged from such performance to the extent of and during
the period of such force majeure event, and such non-performance shall, in
no manner whosoever, amount to a breach by CREDIIXA of its obligations
herein or incur any legal liability on CREDIIXA.
- ADDITIONAL TERMS
You may not assign or otherwise transfer your rights or obligations under
these Terms. CREDIIXA may assign its rights and duties under these Terms
without any such assignment being considered a change to the Terms and
without any notice to you. If we fail to act on your breach or anyone
else's breach on any occasion, we are not waiving our right to act with
respect to future or similar breaches. Other terms and conditions may
apply to loans, mutual funds, credit cards or other financial products
that you may apply on the Website. You will observe these other terms and
conditions. The laws of the India, without regard to its conflict of laws
rules, will govern these Terms, as well as your and our observance of the
same. If you take any legal action relating to your use of the Website or
these Terms, you agree to file such action only in the courts located in
Chennai, India. In any such action that we may initiate, the prevailing
party will be entitled to recover all legal expenses incurred in
connection with the legal action, including but not limited to costs, both
taxable and non-taxable, and reasonable attorney fees. You acknowledge
that you have read and have understood these Terms, and that these Terms
have the same force and effect as a signed agreement. This paragraph shall
survive termination of this agreement.
CREDIIXA reserves the right to make changes to the Website, related
policies and agreements, this terms of use and the Privacy Policy at any
time as it deems fit and proper, including but not limited to comply with
changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities,
reflect changes in the process flow, scope and nature of the Services and
ancillary services, company re-organization, market practice or customer
requirements. Upon any change, CREDIIXA will notify the updated Terms on
the Website or other means. Your continued use of the Services and
ancillary services constitutes acceptance of the changes and an agreement
to be bound by Terms, as amended. If you do not agree to the changes, you
may please discontinue your use of the Services.