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TERMS AND CONDITIONS

These Terms and Conditions (the “Terms”) overn your access to and use of our websites and such other services as are stipulated therein. These Terms and Conditions are effective immediately from the time any viewer and/or registered User visits the website. Please read the Terms carefully before using our web site or other services. By accessing or using our web site or other services, you explicitly agree to comply with and be bound by the Terms and all provisions, policies and guidelines incorporated by reference herein. Your use of the website is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate. If you do not agree to all provisions, policies and guidelines of the Terms, do not use this web site.

Any opinions expressed by a User are of those of the User alone, and are not to be attributed to www.creditmonk.com. www.creditmonk.com cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any User.

The Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of www.creditmonk.com and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the“Services”).

In order to use the Services, you must first agree to the Terms. You can accept the Terms by either clicking to accept or agree to the Terms, where it is made available to you by Creditmonk in the user interface for any particular Service, or by actually using the Services. In this case, you understand and agree that Creditmonk will treat your use of the Services as acceptance of the Terms from that point onwards.

The Terms are in addition to the Privacy Policy and Disclaimer. By accessing and using this website, you agree to comply with the Terms, the Privacy Policy and Disclaimer. If you are using www.creditmonk.com on behalf of a company/organisation/ or other legal entity, you agree to be bound by these Terms even if you have a separate agreement with us or our affiliates for products, services or otherwise. (The terms “Creditmonk” “we”, “us”, etc. refer to www.creditmonk.com and the management or support team of this website)

1. Eligibility and Conditions of Use

1.1. To access or use this website and/or the Services, you shall be required to fulfil the following conditions:

1.1.1. You shall be competent to contract as per the provisions of the Indian Contract Act, 1872 and have the power and authority to enter into these Terms;

1.1.2. You are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth herein; and

11.1.3. You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services, including the laws of India such as the Information Technology Act, 2000 and rules framed thereunder. You agree to use the Services only in compliance with the Terms and applicable laws, and in a manner which does not violate our legal rights or those of any third party(ies).

1.2. By registering, visiting and /or using the website or accepting this Agreement, you represent and warrant to Creditmonk that you have complied with the aforesaid conditions and agree to abide by the provisions contained herein.

1.3. Creditmonk is solely for informational use and purposes only and in no circumstances shall Creditmonk be responsible or liable for any Content (including Credit Content). All Users shall respect the spirit of the website. You may not use www.creditmonk.com or our Services if we have terminated your account or banned you from using our website / Services.

2. Definitions

“Content” includes any data, text and all other forms of information or data which is published on the www.creditmonk.com

“Credit Content” shall mean all Content relating to credit payment / repayment capacity of Organisations, including without limitation their payment / repayment habits, credit terms and conditions offered to them, etc. whether provided in the form of Reviews or otherwise.

“Organisations” shall mean individuals, corporates, firms, limited liability partnerships, etc. which is / are displayed on our website, including all information of the same (such as their name, address, offices, key personnel, turnover, market share, etc. and other matters incidental or ancillary thereto).

“Profile” includes all information about yourself which may be displayed on your profile page.

“Reviews” shall mean reviews, opinions, comments or other information which is posted, offered or given by Users in relation to the Credit Capacity of Organisations.

“Users” shall include all Organisations and any users/persons who visit the website or register an account with Creditmonk.

3. Your use of Services

3.1. You will use Creditmonk solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other binding obligations (including contractual obligations) you may have towards third parties. You will not take any of the following actions:

3.1.1. Use any information obtained from www.creditmonk.com in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any visitor without their prior explicit consent;

3.1.2. Introduce software or automated agents to www.creditmonk.com, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from www.creditmonk.com;

3.1.3. Interfere with, disrupt, or create an undue burden on www.creditmonk.com or the networks or services connected to www.creditmonk.com; and

3.1.4. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of www.creditmonk.com.

3.2. Creating an account and claiming your profile

3.2.1. You must create an account in order to use some of the features offered by the Services, including without limitation to ‘claim your Organisation profile’ on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.

3.2.2. You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook, LinkedIn). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.

3.2.3. Our website displays profiles of several Organisations. Information about the Organisations (eg. Name, address, offices, business, key personnel, etc.) which is displayed on the website may be obtained from the Organisations themselves or from third parties and would be updated by us from time to time. Reviews may be posted in relation to Credit Content of these Organisations by Users of the website. In order to respond to a review, the Organisation must ‘claim its profile’ on our website to do so. As part of the registration process as well as the application creation and submission process that is available to Organisations on Creditmonk, certain information, including sensitive personal data or information is required to be collected from the Organisations. Organisation’s personally identifiable information, which they choose to provide to Creditmonk, is used to help the Organisations describe, identify, and provide accurate information about themselves. We will also display information for Organisations who have not signed up or registered for the Services. We will make best efforts to capture accurate information for such unregistered / unclaimed Organisations. However, we do not undertake any liability for any incorrect or incomplete information appearing on the Website for such unregistered / unclaimed Organisations.

3.2.4. In creating an account and/or claiming your Organisation profile, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming an Organisation profile, then you represent to us that you are the owner or authorized agent of such Organisation. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to an Organisation’s listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of an Organisation listing may cause Creditmonk or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.

3.2.5. All the Users who wish to put their remarks and/or post Review in relation to Credit Content of any Organisation in any manner would compulsorily have to be registered devoid of which the access would be strictly limited. Other registration requirements (such as the basic information regarding name, age, sex, e-mail address, organisation details etc.) will also apply which are detailed in the registration form. If you access Creditmonk through a social networking site, such as Linkedin or Google+, you agree that we may access, make available, and store (if applicable) any information, data, text, messages, tags, and/or other materials accessible through Creditmonk that you have provided to and stored in your Social Networking Site account so that it is available on and through Creditmonk via your account and your profile page. Subject to the privacy settings that you have set with the social networking site account you use to access Creditmonk, personally identifiable information that you post to that Social Networking Site may be displayed on Creditmonk. Please note that your relationship with your social networking sites is governed solely by your agreement with those social networking sites and we disclaim any liability for personally identifiable information that may be provided to us by a social networking site in violation of the privacy settings that you have set with that social networking site account.

3.2.6. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting activities in your name on the Services.

3.2.7. You may choose to maintain anonymity while posting your comments and reviews on the website. Creditmonk shall provide facilities to enable you maintain such anonymity by which your identity and personal details will be hidden from the other Users. However, Creditmonk shall not be held liable or responsible in the event your identity is revealed due to technical failure or when such disclosure is required by the government and/or regulatory authorities or under law.

3.2.8. By creating an account, you agree to receive certain communications in connection with the website or Services. For example, you might receive Reviews from other Users. You can opt-out or manage your preferences regarding non-essential communications through account settings.

3.3. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Creditmonk, unless you have been specifically allowed to do so, by way of a separate agreement with Creditmonk. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

4. Content

4.1. Ownership of Content and Proprietary Rights

4.1.1. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Creditmonk and that you shall not disclose such information without our prior written consent.

4.1.2. You agree to protect our proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Creditmonk (or Creditmonk 's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Creditmonk and that you shall not disclose such information without Creditmonk‘s prior written consent. Unless you have agreed otherwise in writing with Creditmonk, nothing in the Terms gives you a right to use any of Creditmonk’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

4.1.3. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Creditmonk; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Creditmonk’s content in whole or in part except as expressly authorized by Creditmonk.

4.1.4. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in Clause 14.

4.2. License to use Content

4.2.1. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Creditmonk’s Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, our Content or our IP Rights.

4.2.2. Any violation by you of the license provisions contained in this Clause may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

4.2.3. If you submit or provide any Content you hereby irrevocably grant us a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use such Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Content submitted or provided by you. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to such Content brought against us, any third party services and our and their users.

4.3. Your Obligations and Representations

4.3.1. You are responsible for providing your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of your Content or have been granted explicit permission from the rights holder to submit your Content; your Content was not copied from or based in whole or in part on any other content, work, or website; your Content was not submitted via the use of any automated process such as a script bot; use of your Content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; your Content is truthful and accurate; and your Content does not violate the Terms or any applicable laws. If your Content is a Review, you represent and warrant that you are the sole author of that Review; the Review reflects an actual experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the Review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.

4.3.2. You assume all risks associated with your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us.

4.4. We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of your Content to you under any circumstances. Any review, which is derogatory, defamatory or hateful and without any substantial evidence may be taken down at our sole discretion.

4.5. Some of the content available through the Services may include or link to materials that belong to third parties. Please note that your use of such third party services will be governed by the terms and conditions and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third parties who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Creditmonk is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. Third party content, including that posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the Content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of your Content or any third party content. You further acknowledge and agree that Creditmonk is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

4.6. Reviews do not reflect the opinion of Creditmonk. Creditmonk receives multiple reviews by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Creditmonk is the personal opinion of the user/reviewer only. Creditmonk is a neutral platform, which solely provides a means of communication between users/reviewers including users and Organisations / their representatives. The advertisements on Creditmonk are published on an independent basis and there is no relation between the reviews of advertisers those who have advertised on the Services. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a Review that isn’t true about the Organisation, the best option for the Organisation would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Organisation believes that any particular user’s review violates our Terms or Privacy Policy, it can flag the review to our attention by clicking on an applicable link adjacent to that Content. We may remove the review at our sole discretion if we believe that the review is in violation of the Terms, or Privacy Policy or otherwise harmful to the Services or inappropriate.  While we have no obligation to do so, we reserve the right to review and delete (or modify) any Content posted by a User. Please note that our interpretation of our policies and the decision whether or not to edit or remove any Reviews or other Content is within our sole discretion. You understand and agree that if we choose not to remove or edit any Reviews or other Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

5. Restrictions on Use of Content and Services

5.1. Without limiting the generality of the Terms, in using the Services, you specifically agree not to post or transmit any Content (including Reviews) or engage in any activity that, in our sole discretion:

5.1.1. Violates the Terms or Privacy Policy;

5.1.2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;

5.1.3. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing;

5.1.4. Contains material that violates the standards of good taste or the standards of the Services;

5.1.5. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

5.1.6. Accuses others of illegal activity, or describes physical confrontations;

5.1.7. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations;

5.1.8. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);

5.1.9. Attempts to impersonate another person or entity

5.1.10. Disguises or attempts to disguise the origin of any Content, including but not limited to by: (i) submitting Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Content is submitted;

5.1.11. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;

5.1.12. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;

5.1.13. Asserts or implies that any Content is in any way sponsored or endorsed by us;

5.1.14. Contains material that is not in English or, in the case of products provided in foreign languages, the language relevant to such products;

5.1.15. Falsely states, misrepresents, or conceals your affiliation with another person or entity;

5.1.16. Accesses or uses the account of another user without permission;

5.1.17. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;

5.1.18. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;

5.1.19. “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;

5.1.20. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);

5.1.21. Decompiles, reverse engineers, disassembles or otherwise attempt to derive source code from the Services;

5.1.22. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;

5.1.23. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;

5.1.24. Collects, accesses, or stores personal information about other users of the Services;

5.1.25. Is posted by a bot;

5.1.26. Harms minor in any way;

5.1.27. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

5.1.28. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Creditmonk’s Content; or

5.1.29. Attempts to do any of the foregoing.

5.2. You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any Content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

5.3. You hereby agree and assure Creditmonk that the website/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable laws. You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Creditmonk in any form or manner whatsoever.

5.4. Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these Terms, or the Privacy Policy, we shall have the right to immediately block your access and usage of the site and we shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

6. Feedback

If you share or send any ideas, suggestions, changes or documents (“Feedback”), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Creditmonk is under no obligation of confidentiality with respect to such Feedback, (iii) Creditmonk may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) by providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Creditmonk and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.

7. Advertising

7.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Creditmonk on the Services are subject to change without specific notice to you. In consideration for Creditmonk granting you access to and use of the Services, you agree that Creditmonk may place such advertising on the Services.

7.2. Part of the site may contain advertising information or promotional material or other material submitted to Creditmonk by third parties. Responsibility for ensuring that material submitted for inclusion on the website or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Creditmonk found on or through the website and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. We will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the website and mobile apps.

8. Privacy Policy

You represent that you have carefully read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public.

9. Disclaimer and Limitation of Liability

9.1. The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law.

9.2. To the fullest extent permitted by applicable law, in no event shall the Creditmonk Parties (defined below) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services including mobile app, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, (vi) any loss of your data or Content from the Services (vii) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Creditmonk parties are advised of the possibility of such damages, (viii) the disclosure of information pursuant to these terms or our Privacy Policy, (ix) your failure to keep your password or account details secure and confidential, and/or (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services. In no event shall the Creditmonk Parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

9.3. The detailed Disclaimer can be viewed here and shall be deemed to be incorporated herein. You acknowledge that you have read and agreed to the same.

9.4. Notwithstanding anything to the contrary contained herein, where permitted by applicable law, you agree that our liability to you for any damages arising from or related to your use of Creditmonk (for any cause whatsoever and regardless of the form of the action), will at all times be limited to Rs. 1,000/- (Rupees One Thousand Only).

10. Indemnity

You agree and acknowledge that the services are provided are on a “as is” and “as available” and that your use of the services shall be at your sole risk. You agree and acknowledge that you shall indemnify, defend, and hold harmless Creditmonk, our affiliates and respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors (collectively, “Creditmonk Parties”) from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or incurred by us arising as a result of, or in connection with: (i) Content posted or provided by you, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. Termination

These Terms remain in effect while you use our Services. You can terminate your account at any time by visiting your profile settings page on our website or by contacting us via the “Contact Us” link specified on the home page, and ceasing further use of the Services. You agree and acknowledge that we may suspend or terminate your account or your access to parts of our website / Services, without notice to you, if we believe that you have violated the Terms, due to lack of use of the Services, and/or that the usage of your account and/or Reviews posted by you are fictitious and /or made with the sole purpose of defaming an Organisation on a public domain without any basis or sufficient cause. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of www.creditmonk.com. We will have no liability whatsoever to you for any termination of your account or related deletion of your information. On or after termination of your account, our support team may hold certain user specific and/or account information for its records in accordance with applicable laws.

12. Modifications to Terms

We reserve the right to amend or modify any provision of the Terms at any time. The Terms may be amended to take into account any changes in statutes, our data collection and use practices, features of the services provided by us, etc. We will notify you in respect of material changes made to this Terms by sending a notice to the e-mail address which you have provided to us or by placing a prominent notice on the website. We request you to check our website page from time to time for such changes and to review the same carefully. Use of information we collect is subject to the Terms in effect at the time such information is used. Your continued use of the Services following the posting of changes to the Terms will constitute your consent and acceptance of those changes.

13. Translation of Terms

We may provide a translation of the English version of the Terms in other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with us. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

14. Copyright Infringement and Redressal of Grievances

14.1. Creditmonk shall not be liable for any infringement of copyright arising out of any Content, including materials posted on or transmitted through the site or mobile apps, or items advertised on the site or mobile apps, by Users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:

14.1.1. A clear identification of the copyrighted work you claim was infringed;

14.1.2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material, the user name of the alleged infringer and the business listing it is posted under;

14.1.3. Include the following statements:

“I have good faith and belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law”; and

“I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf”

14.1.4. Provide your contact information including your address, telephone number, and e-mail address (if available) so that we can reply to your complaint;

14.1.5. Provide your physical or electronic signature; and

14.1.6. The person signing the complaint notice must be authorized to do so. You are required to send the aforesaid written communication to: support@creditmonk.com

14.2. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorney’s fees) if you make a false claim of copyright infringement.

14.3. We will review and address all notices that comply with the requirements above.

14.4. In appropriate circumstances, account holders who are deemed to be repeatedly commit such infringement may be given limited access by us to the website / Services. We may, at our sole discretion, terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

15. Governing Law

The Terms shall be governed by the laws of India. The applicable courts of law at Mumbai shall have exclusive jurisdiction over any disputes arising under this agreement.

All users must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these terms or any related right shall not constitute a waiver of that right or provision.

16. Miscellaneous

16.1. The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

16.2. The Terms, together with the ‘Privacy Policy’ and ‘Disclaimer’, shall constitute the entire agreement between you and us concerning the Services

16.3. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

16.4. If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

16.5. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Creditmonk and you shall have no authority to bind Creditmonk in any form or manner, whatsoever.

16.6. By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.

16.7. You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

16.8. You may visit the Frequently Asked Questions page on our website by clicking here.

16.9. If you have any questions regarding the Terms or your use of the Site, please submit them to us by using our online form.

We do not entertain refund and cancellation in any circumstances