Conditions of Sale

Last updated on – 8 Jan, 2021

PLEASE CAREFULLY READ THESE CONDITIONS OF SALE (“ Conditions ”) BEFORE SUBSCRIBING TO THE SERVICES (AS DEFINED BELOW) OR PURCHASING ANY CREDIWATCH DIGITAL OFFERINGS (AS DEFINED BELOW) OFFERED BY CREDIWATCH INFORMATION ANALYTICS PRIVATE LIMITED.

https://www.crediwatch.com  is a product of Crediwatch Information Analytics Private Limited, a private limited company registered in Karnataka, India (hereinafter referred to “we” “us” “our”). These Conditions of Sale (together with any documents referred to in them, Terms and Conditions, and Cookie Policy provide you with information about us and the legal terms and conditions on which we sell any of the documents, subscription services or application programming interface (API) (the “Crediwatch Digital Offerings“) referenced on our website https://www.crediwatch.com  (the “Site”) (the provision or making available of the Crediwatch Digital Offerings, together with the Site and all the related services provided by Crediwatch, the “Services”), whether as a guest or registered user. Use of the Services includes accessing, browsing, or subscribing to use the Services.

These Conditions will apply to any contract between us for the sale of Crediwatch Digital Offerings to you (a “Contract“). Please read these Conditions carefully and make sure that you understand them, before ordering any Crediwatch Digital Offerings from our Services. If you have any queries on these Conditions please contact us before placing an order. Please note that by subscribing to the Services and / or ordering any of our Crediwatch Digital Offerings, you agree to be bound by these Conditions and the other documents expressly referred to in them.

We reserve the right, at our sole discretion, to modify or replace any of these Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time, by notice given on the Site or by changing the Conditions as accessible on the Site. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You are responsible at all times for complying with the current version of the Conditions. We recommend that you periodically check these Conditions as posted on this Site for changes. Your continued use of the Services following the posting of any changes to the Conditions constitutes acceptance of those changes. We do not guarantee that the Services, or any content accessible through the Services, will be free from errors or omissions.

Your use of our Services and access to the Crediwatch Digital Offerings is governed by our Terms and Conditions  , Privacy Policy  and Cookie Policy  (together, the “Other Applicable Terms “). Please take the time to read these, as they include important terms to you. In the event of any conflict between these Conditions and the Other Applicable Terms, the terms of this Conditions shall govern the subscription of Services and the purchase of any Crediwatch Digital Offerings. If you are a consumer, you may have other consumer rights granted by law and these Conditions do not affect such rights.

  1. SUBSCRIPTION SERVICES

    You can subscribe to the Subscription Packages to access the Services here: Plans

    Subscribing to the Services entitle users to download certain volumes of Crediwatch Digital Offerings and utilise certain tools and website functionality, details of which are set out in the applicable ordering document.

    Please note that such payments or credits do not guarantee continued availability of any product or service and we reserves the right to amend or withdraw any product or service at any time.

    Manage your Subscription

    You can manage or make changes to your subscriptions at any time, by logging into your account, clicking “subscriptions” and following the prompts (e.g., view the status of your subscriptions, add or reactivate a subscription).

    Payment for your Subscription

    (a) Your subscription will continue for each subscription period unless you cancel prior to the completion of its validity.
    (b) During each subscription period you will be charged for: (i) the cost of Crediwatch Digital Offering; and (ii) any applicable tax.
    (c) By purchasing a Subscription Package, you agree that we (or our third-party payment processor) may charge you an initial and recurring subscription fee, without further authorization from you, at our then-current subscription rate.
    (d) You accept responsibility for all recurring charges and your subscription will continue until you cancel your subscription.
    (e) We will notify you before each recurring charge.

  2. CREDIWATCH DIGITAL OFFERINGS

    Crediwatch Digital Offerings include downloads or emailed copies of PDF or CSV or digital content to your computer, mobile, or any other electronic device, along with any product delivered to you or accessed via the Services.

    You can purchase Crediwatch Digital Offerings on the Site only if you are a subscriber by using Credits. We offer certain free Credits at the time of subscription. You can also buy as many Credits as you need here: Plans.

    Each purchase of a Crediwatch Digital Offering shall be deemed a non-exchangeable, non-refundable and final sale. No refunds will be given where a Crediwatch Digital Offering has been purchased and successfully delivered by email or any other means.

  3. PAYMENT

    Terms of Payment (a) You agree to pay all charges at the amounts in effect when such charges are incurred.
    (b) You must provide a valid credit/debit card (Visa, MasterCard, or any other accepted issuer) or other specified payment or financial mechanism (collectively, “Payment Facility”) as a condition to making any payments.
    (c) Your Payment Facility agreement governs your use of the designated credit or debit card or other mechanism, and you must refer to that agreement and not these Conditions to determine your rights and liabilities.
    (d) You hereby consent to provide and authorize us and our service providers (including any Payment Facilities) to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Conditions, including personal, financial, credit card payment, and transaction information.
    (e) By providing your payment and financial information, you agree that we, our service providers, and any of their third party payment processors are authorized to immediately charge your account for all applicable fees and charges and that no additional notice or consent is required.
    (f) We reserve the right at any time to change our prices and billing methods.
    (g) All information that you provide must be accurate, current and complete.
    (h) You represent and warrant that you have the legal right to use any payment card(s), payment means or other financial information that you provide.
    (i) In case of fraudulent matters, we hold the right to share the details with the concerned body for verification.
    (j) If any fraud transactions are carried out by you on the Website, we reserve the right to recover all the losses and expenses incurred like lawyer fees, collection charges, etc from the concerned party. We also hold the right to take any action available under applicable law against such person.

  4. CANCELLATION AND REFUNDS

    Cancelling your Subscription
    (a) If you cancel before the next recurring payment is charged, then your subscription will terminate automatically and we will not charge your Payment Facility for any subsequent subscription period.
    (b) You agree that the we may terminate or suspend your subscription at any time in our sole discretion, if:
    i. any payment that you owe is declined, rejected or reversed for any reason during your subscription period; or
    ii. you breach any of these Conditions or, if applicable, you breach any of the Other Applicable Terms.

    Cancelling Credit Packages
    Credit Packages purchased can be cancelled within thirty (30) days of purchase.

    Refunds
    (a) All Crediwatch Digital Offering sales are final and there will be no refund of any Credits used to make such purchase.
    (b) Subscription Packages are non-refundable.
    (c) All free Credits granted to you at the time other than free Credits granted to you by us at the time of purchase of the Subscription Package or Credit Package cannot be encashed.
    (d) We allow Credit Packages purchased to be cancelled within thirty (30) days of purchase. The Credit Package shall become non-refundable after thirty (30) days from purchase. Access to your Credits will remain available so long as you keep your Subscription Package active.
    (e) In the event you cancel the Credit Package purchased within thirty (30) days of purchase, we will refund the rupee equivalent of any unused Credit (other than free Credits granted to you by us at the time of purchase of the Subscription Package or Credit Package) , i.e. 1 Credit = ₹ 1 shall be refunded to the Payment Facility used to pay for the Credit Package which can take up to 14 working days to reflect in your statement.
    Illustration:

     

    Credits Available

    Credits used

    Free credits forfeited

    Credits refunded

    Equivalent ₹

    Scenario 1

    15000

    10000

    5000

    0

    0

    Scenario 2

    15000

    7000

    5000

    3000

    3000

    Scenario 3

    15000

    12000

    3000

    0

    0

    Scenario 4

    15000

    5000

    5000

    5000

    5000


    (f) Should you not receive a refund within 14 working days you should contact us by emailing support@crediwatch.com quoting the order reference number given in the purchase.

  5. PURCHASERS OF CREDIWATCH DIGITAL OFFERINGS

    If you are a consumer user (being a natural person who is acting for purposes outside any trade, business or profession), you may only purchase Crediwatch Digital Offerings from us if you are at least 18 years old.

    If you are not a consumer:
    (a) you confirm that you have authority to bind any business on whose behalf you use our Services to purchase Crediwatch Digital Offerings; and
    (b) these Conditions (and any document expressly referred to in them) constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us, which is not set out in these Conditions (or any document expressly referred to in them).

    In purchasing a Crediwatch Digital Offering, you warrant that you will comply with all applicable laws and regulations of the country for which the Crediwatch Digital Offering is destined. We will not be liable or responsible if you break any such law.

  6. ORDER PROCESS

    Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

    After you place an order, you will receive an on screen confirmation that your payment has been successfully processed.

    Ad hoc purchases of Crediwatch Digital Offerings: all PDF, digital content or CSV images are either downloadable direct from the Services or delivered by e-mail (in both cases you will receive an order confirmation and receipt by email (the “Confirmation” )).

    Purchase of Subscription Services: you will receive an order confirmation by email when you initially purchase Subscription Services (the “Subscription Confirmation” ) with a receipt available to download direct from the Services and, upon requesting Crediwatch Digital Offerings within your allocated quota such PDF, digital content or CSV images will either be downloadable direct from the Services or delivered by e-mail (in both cases you will receive an order confirmation of the order of such Crediwatch Digital Offering by email).

    The Contract between us will only be formed when we send you the Confirmation (or when you download the Crediwatch Digital Offering, whichever is earlier) or Subscription Confirmation (as appropriate). We do not send any receipts or information by post – all communications are electronic.

    If we are unable to supply you with a Crediwatch Digital Offering, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Crediwatch Digital Offerings, we will return the Credit used to purchase the relevant Crediwatch Digital Offering which we are unable to deliver.

    Please note that because we begin to set up and provide the Crediwatch Digital Offerings immediately following your request, you will not be permitted to cancel the Crediwatch Digital Offerings.

  7. INCORRECT CREDIWATCH DIGITAL OFFERINGS PURCHASED IN ERROR

    Crediwatch Digital Offering sales are final. We cannot be held responsible if you have purchased the wrong Crediwatch Digital Offering. If you are unsure about the content of a Crediwatch Digital Offering you should contact us prior to ordering. Any replacement items will need to be purchased separately.

  8. PRICE

    The price of any Crediwatch Digital Offering will be as quoted on our Site from time to time (except in the case that such quoted price is manifestly in error).

    Prices for our Crediwatch Digital Offerings may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation or Subscription Confirmation (as appropriate).

    The price of any Crediwatch Digital Offering as initially quoted on the Site excludes applicable taxes which will be applied at point of sale.

  9. VARIATION

    We reserve the right to amend these Conditions from time to time and to impose new or additional terms or conditions on your use of the Site or purchase of the Crediwatch Digital Offerings. Such modifications and additional terms and conditions will be communicated to you via email and will be effective immediately and will be incorporated into these Conditions.

    Every time you order a Crediwatch Digital Offering from us, the Conditions in force at that time will apply to the Contract between you and us.

  10. DISCLAIMER

    You agree and acknowledge that our Services and the Crediwatch Digital Offerings are limited to only providing insights and that we are not a credit bureau or a credit rating agency and should not be construed as such.

    The Crediwatch Digital Offering and/ or the content accessed through use of the Services is provided for general information only and is not intended to amount to advice of any nature on which you should rely on. You must obtain professional or speciality advice prior to taking, refrain from taking any action on the basis of content accessed through the use of Services.

    We not take any responsibility and disclaims all liability for any content accessed through the use of the Services and the use and reliance of any of the Crediwatch Digital Offering, and / or content obtained through the Services by you shall be at the your sole risk.

    You accept responsibility for the selection of and use of the Services and / or Crediwatch Digital Offering to achieve its intended results.

    WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SITE, SERVICES, CREDIWATCH DIGITAL OFFERINGS INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  11. OUR LIABILITY TO YOU – IF YOU ARE A BUSINESS CUSTOMER

    This section only applies if you are a business customer (being any user other than a consumer as defined above).

    We only supply the Crediwatch Digital Offerings for internal use by your business, and you agree not to use the Crediwatch Digital Offering for any re-sale purposes.

    Nothing in these Conditions limits or excludes our liability for: any matter in respect of which it would be unlawful for us to exclude or restrict liability.

    Subject to the above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
    (a) any loss of profits, sales, business, or revenue;
    (b) loss or corruption of data, information or software;
    (c) loss of business opportunity;
    (d) loss of anticipated savings;
    (e) loss of goodwill; or
    (f) any indirect or consequential loss.

    Subject to the above, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the particular Crediwatch Digital Offerings.

    Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Crediwatch Digital Offerings. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Crediwatch Digital Offerings are suitable for your purposes.

    We make reasonable commercial efforts to ensure content on the site is up to date and accurate and use reasonable care and skill when supplying any Crediwatch Digital Offerings. However, because we get the content and data and, therefore, our Crediwatch Digital Offerings from a number of different third party sources (including, without limitation, information provided by you and certain official registries) we do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any content accessed using the Services or contained in the Crediwatch Digital Offerings. Accordingly, any use of the Services or the Crediwatch Digital Offerings is at your own risk. If you do become aware of any inaccurate or incorrect content accessed or accessible using the Services or contained in Crediwatch Digital Offerings (in particular pertaining to yourself or other individuals) please let us know at support@crediwatch.com and we will use our reasonable endeavours to investigate your concern and, where appropriate and possible, correct inaccurate data. Content relating to credit scores, in particular, is provided and generated by a third party source, should you have any concerns as regards inaccurate or incorrect content in this regard please also contact us at support@crediwatch.com and we will use our reasonable endeavours to pass your concern onto the appropriate third party provider. You understand that by using the Services and/or obtaining Crediwatch Digital Offerings, you may be exposed to content that might be inaccurate or deceptive. Under no circumstances (save as required by law) will we be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the accessing by you of the Services and/or obtaining the Crediwatch Digital Offerings.

  12. OUR LIABILITY TO YOU – IF YOU ARE A CONSUMER

    This section only applies if you are a consumer. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

    We only supply the Crediwatch Digital Offerings for domestic and private use. You agree not to use the Crediwatch Digital Offerings for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    Nothing in these Conditions limit or exclude our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability.

    We make reasonable commercial efforts to ensure content on the site is up to date and accurate and use reasonable care and skill when supplying any Crediwatch Digital Offerings. However, because we get the content and data and, therefore, our Crediwatch Digital Offerings from a number of different third party sources (including, without limitation, information provided by you and certain official registries) we do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any content accessed using the Services or contained in the Crediwatch Digital Offerings. Accordingly, any use of the Services or the Crediwatch Digital Offerings is at your own risk. If you do become aware of any inaccurate or incorrect content accessed or accessible using the Services or contained in Crediwatch Digital Offerings (in particular pertaining to yourself or other individuals) please let us know at support@crediwatch.com and we will use our reasonable endeavours to investigate your concern and, where appropriate and possible, correct inaccurate data. Content relating to credit scores, in particular, is provided and generated by a third party source, should you have any concerns as regards inaccurate or incorrect content in this regard please also contact us at support@crediwatch.com and we will use our reasonable endeavors to pass your concern onto the appropriate third party provider. You understand that by using the Services and/or obtaining Crediwatch Digital Offerings, you may be exposed to content that might be inaccurate or deceptive. Under no circumstances (save as required by law) will we be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the accessing by you of the Services and/or obtaining the Crediwatch Digital Offerings.

  13. GRANT OF LICENSE

    For the duration of the Subscription period, we grant you non-exclusive, non-sublicensable, revocable and non-transferable right to access and use the Services for your internal use only. Your access and use of the Site, Services or Crediwatch Digital Offerings shall be governed by these Conditions and the Other Applicable Terms, as applicable.

  14. INTELLECTUAL PROPERTY RIGHTS

    All intellectual property rights in connection with Site, Services, Crediwatch Digital Offerings and any derivative works created thereof will remain exclusively vested in Crediwatch.

  15. EVENTS BEYOND OUR CONTROL

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Beyond Our Control. An Event Beyond Our Control is defined below.

    An “Event Beyond Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

    If an Event Beyond Our Control takes place that affects the performance of our obligations under a Contract:
    (a) we will contact you as soon as reasonably possible to notify you; and
    (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Beyond Our Control.

  16. OTHER IMPORTANT TERMS

    We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing. This contract is between you and us. No other person or party shall have any rights to enforce any of its terms.

    Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    If you are a consumer, please note that these Conditions are governed by the laws of the Republic of India. This means a Contract for the purchase of Crediwatch Digital Offerings through our Site and any dispute or claim arising out of or in connection with it will be governed by the laws of the Republic of India. You and we both agree to that the courts of Bangalore will have non-exclusive jurisdiction.

    If you are a business user, these Conditions are governed by the laws of the Republic of India. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by the laws of the Republic of India. We both agree to the exclusive jurisdiction of the courts of Bangalore.