The following terms and conditions constitute an Agreement
(hereinafter referred to as the “Agreement”) between You and Creditap
(“Creditap”, “We” or “Us”), the operator of www.creditap.ai(the “website”) and
related applications, services and mobile applications provided by Creditap
(hereinafter referred to collectively as “Creditap Platforms”). This Agreement
shall govern your use of Services (defined below), both as a registered and / or
non-registered user of the Creditap Platforms. The website is operated and owned
by M/s CREDITAP TECHNOLOGIES PRIVATE LIMITED No.39/763, Gowri Arch 33rd “A”
Cross, 9th Main, Jayanagar 4th Block, Bangalore-560011. By using or otherwise
accessing the Services, and/or by registering with Creditap, You agree to the
terms of this Agreement, including the information disclosed hereinbelow, and to
be bound by the same. If you do not agree with the terms of this Agreement, you
should refrain from using the Services. Your access to any Creditap Platform is
also at the sole discretion of Creditap.
You must be 18 years of age or over to register with Creditap or use Creditap
Platforms and the Services. If You do not qualify under these terms, do not use
Creditap Platforms or Services. By using Creditap Platforms and/or the Services,
You represent and warrant that You have the right, authority, and capacity to
set forth herein.
If you violate any of these Terms & Conditions, or otherwise violate any agreement or contract entered into through the medium of the Website, Creditap may, delete your profile and any content or information posted by You on the Website and/or prohibit You from using or accessing the Website at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under the age limit specified herein.
Compliance with Law
This Agreement is in compliance with all the relevant Laws, rules and regulations at the time being in force, including but not limited to the Indian Contract Act, 1872; Information Technology Act, 2000; and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (hereinafter referred to as the “SPI Rules”), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as the “IG Rules”).
“User” shall refer to lenders, borrowers and financial institutions;
“Services” means all those services provided on any of the Creditap Platforms, including but not limited to listing of lenders, borrowers and financial institutions along with their profiles, contact details and all such information as agreed by the User; The Services made available by Creditap are subject to change at the sole discretion of Creditap;
“Our Content” means text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services or on any of the Creditap Platforms.
“User Content” shall include the contents posted by Creditap on behalf of the User on Creditap Platforms along with the information provided by the User available for other Users on the Site.
“You” may refer to the User as defined above or to either the lenders or the borrowers as separate groups, depending on the context.
In order to register, You must provide certain basic information about Yourself
which includes name, gender, phone number, email ID, etc. As per Creditap’s
include without limitation Your name, address and contact information; credit
history and current needs; billing information; and other information that is
either requested by Creditap or voluntarily provided by You. By submitting such
information, You authorize Creditap, its employees, consultants, partners and
affiliates etc., operating on its behalf to use and/or disclose such information
in accordance with relevant Laws.
Creditap may disclose or transfer User Content information to its affiliates or governmental authorities in such manner as permitted or required by applicable laws, and You hereby consent to such transfer. If any of the User Content is found in violation of any law for the time being in force, Creditap will comply with any duly-issued government or court directions to disable access to such User Content and Posted Information.
Content and DATA PROTECTION LEGISLATION
Creditap only publishes information provided by the User at time of the
registration or entered by them on entering the Site. The entire information
provided by Creditap is on a “as is” or “as available” basis.
Creditap reserves the right to moderate the information posted as and when required. Creditap is not obliged to always act in a manner to give effect to the User’s feedback, complaints etc., except as specified under applicable laws in force.
By posting information through the Services, You agree to and hereby do grant, and You represent and warrant that You have the right to grant, to Creditap and its contractors an irrevocable, perpetual, royalty-free, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such information and to adapt, translate, prepare derivative works of, or incorporate into other works, such information. This license is non-exclusive, except You agree that Creditap shall have the exclusive right to use this license to the extent of combining the information so posted with the information of other Creditap users for purposes of constructing or populating a searchable database of reviews and information related to the financial sector.
The legislation and regulations relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual including (without limitation): (a) the Information Technology Act, 2000 (as amended from time to time), including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Privacy Rules'') and any other applicable rules framed thereunder; (b) all other applicable guidelines (whether statutory or non-statutory) or codes of conduct relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual issued by any regulator to the NBFC; and (c) any other applicable laws solely relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual. You understand that Creditap shall collect, authenticate, track your location, verify and confirm the Personal Data, documents and details as may be required by Creditap and its affiliated partners to sanction the Loan.
RESPONSIBILITIES OF THE USER
The User shall not host, display, upload, download, modify, publish, transmit,
update or share any information that —
a) belongs to another person and to which the User does not have any right to;
b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonate another person;
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
j) violates or attempts to violate the integrity of the security of the Creditap Platforms.
Users shall not use any of Creditap Platforms apart from the reasons provided for.
Users shall not intentionally furnish any incomplete, false or inaccurate information.
Users shall not make any unsolicited communications to other Users.
Users shall not misuse the contents provided on the Site.
REPRESENTATION OF CREDITAP
Creditap reserves the right to advertise on its Platforms but does not endorse any services or products advertised. Users are advised to use their discretion with respect to advertisements.
REPRESENTATION OF USER
Check your loan record at the tap of a button — whenever or wherever you want
via our app or online. The User represents and warrants that he/she/it:
a) Shall use the Site and the Services for lawful purposes.
b) Shall not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Creditap Platforms or the Services.
c) Shall not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, or any other means, and shall be prosecuted for the same.
d) Shall resolve any dispute between You and any other User arising from any transaction hereunder directly with the User.
e) Shall be responsible for all use of the Services and for all use of Your Personal Information, including use by others to whom You have given Your Personal Information.
f) Shall not accumulate or index, directly or indirectly, any content or portion of the Creditap Platforms for any purpose whatsoever.
g) If You are registering an account or using the Services on behalf of an individual or entity other than Yourself, You represent that You are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
DISCLAIMER AND SUGGESTIONS
10.1 Creditap makes no guarantees, representations or warranties, whether
expressed or implied, with respect to professional qualifications, expertise,
quality of work, price or cost information, or accuracy and reliability of other
content provided through the Services.
10.2 In no event shall Creditap be liable to You or anyone else for any decision made or action taken by You in reliance on any such content. Furthermore, Creditap does not in any way endorse or recommend any lender or borrower listed or accessible through the Services.
10.3 The content that You obtain or receive from Creditap, and its employees, contractors, partners, sponsors, advertisers, licensors, affiliates or otherwise through the Services is for information, schedule and payment purposes only.
10.4 Your use or reliance of Our Content is solely at your own risk.
10.5 Except as specifically mentioned, Creditap makes no warranties about the information systems, software and functions made accessible through the Services or any other security associated with the transmission of sensitive information.
10.6 Creditap does not warrant that the Site or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.
10.7 The links to Sites of third parties or affiliates is not under the control of Creditap and we are not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available through such sites. Creditap in no way endorses any such links and it is the Users discretion to use such links at all time.
10.9 Telemarketing Calls: If you have provided consent for telemarketing calls, you agree that (i) we, our agents, representatives, affiliates, third parties, and anyone calling on our behalf may call, email or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; (ii) agree these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve pre-recorded and/or artificial voice messaging. Your consent, if provided, will be effective even if the number you have provided is registered on the Do-Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked by informing the telemarketing representative, or any other method, which ensures we receive the revocation.
10.10 The information provided in the registration form is property of Creditap and there is no guarantee that a loan will be provided to the User. Creditap will not distribute the complete information without prior consent from the User and it will only use the information to assist in the User's endeavour to get a loan/advance a loan. The borrower / lender registration form is only used for initial assessment purposes and Creditap does not provide a guarantee that a loan will be provided even after all the information is provided by the User.
DISCLAIMER OF WARRANTIES
11.1 Creditap is not liable for any liabilities arising out of the User’s
reliance on the Services, content provided on Creditap Platforms to the fullest
extent permitted by law.
11.2 Creditap has no control over the User Content including the Posted Information (including but not limited to feedbacks) except as provided under law and thus are not liable for what content You access, its effect on You and how You interpret the content available on the site or what actions You may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for You having acquired or not acquired content through Creditap Platforms.
11.3 You are strongly advised to perform your own investigation prior to selecting a lender/borrower by making telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular borrower/lender.
12.1 User agrees to indemnify and hold harmless Creditap, its affiliates,
officers, directors, employees, consultants, licensors, agents, and
representatives from any and all third party claims, losses, liability, damages,
and/or costs (including reasonable attorney fees and costs) arising from User’s
access to or use of Service, violation of this Agreement, or infringement, or
infringement by any other User of his/her/its account, of any intellectual
property or other right of any person or entity. Creditap will notify You
promptly of any such claim, loss, liability, or demand, and in addition to Your
foregoing obligations, You agree to provide us with reasonable assistance, at
Your expense, in defending any such claim, loss, liability, damage, or
12.2 In no event, including but not limited to negligence shall Creditap, or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Users, even if Creditap was advised of the possibility of such damages.
12.3 In no event shall the total aggregate liability of Creditap to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Creditap Platform or Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
13.1 Creditap reserves the right to suspend or terminate a User’s access to any
of Creditap’s Platforms with or without notice and to exercise any other remedy
available under law, in cases where:
b) Creditap is not able to verify the authenticity of information provided the User.
c) Creditap receives complaints from third parties against the User.
d) Creditap has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of the User.
e) The action of the User is contrary to the law in force.
13.2 Upon termination, Creditap reserves the right to determine if it shall temporarily or permanently disable the Users profile. It is at the discretion of Creditap that the user may be allowed to re-register or allowed to use the same account.
14.1 Creditap may assign this contract at any time, including without limitation
to any parent, subsidiary, or any affiliated company, or as part of the sale to,
merger with, or other transfer of our company to another entity.
14.2 You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
No relaxation, forbearance or delay by Creditap in enforcing or exercising any of the terms of this Agreement shall prejudice, affect or restrict the rights of Creditap, nor shall constitute a waiver by Creditap of any breach thereof operate as a waiver of any subsequent or continuing breach of any terms or conditions of this Agreement, unless in writing.
In the event that any provision, covenant or restriction contained in this Agreement is declared by any judicial or other competent authority to be invalid, void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any, relevant competent authority, the rest of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto are at the liberty to amend that provision, covenant or restriction in such reasonable manner as to achieve the intention of the Parties without illegality, or at the discretion of the Parties, such provision may be severed from this Agreement. Such a provision shall be deemed to have been in existence from the date of execution of this Agreement and the remaining provisions of this agreement will remain in full force and effect unless the Parties decide that the effect of such declaration is to defeat the original intention of the Parties.
This Agreement constitutes the entire agreement and understanding between the Parties in respect of Confidential Information and supersedes all previous agreements, understandings and undertakings thereof, if any.
Any disputes or differences arising between the Parties with regard to any term of this Agreement may be referred to a sole arbitrator appointed by Creditap. The award given by the arbitrator shall be final and binding on the Parties. The place and venue of arbitration shall be Bengaluru. The Arbitration shall be held in the English language. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings. The dispute pertaining to the validity or execution of this Agreement and the dispute in respect of jurisdiction shall also be adjudicated by the Sole Arbitrator.
APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed and construed in all aspects in accordance with the laws of India and in accordance with the laws of India. The courts at Bengaluru shall have exclusive jurisdiction in respect of this Agreement, your use of the Website or the Services or the information to which it gives access. Any use outside of India is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.
EXECUTION OF THE LENDERS AGREEMENT BY THE PARTIES
Upon approval of the loan amount, the Borrower and the Lender may sign a loan agreement which stipulates the details of the loan amount, rate of interest, the tenure of the loan amount and the commission payable to Creditap, penalties for non-payment and other necessary terms. The form and the contents of the Agreement to be decided by the lender and the borrower.
CANCELLATION AND REFUND POLICY
Cancellation and refunds are not applicable.
i) All grievances are to be addressed to Creditap by an affected person in
writing or through email signed with electronic signature about any such
ii) All grievances addressed to Creditap after due diligence would be acted upon as per the provisions of applicable laws.
Name: Joyce D'mello
Email ID: email@example.com
Contact Details: +91 9880478968