Terms & Conditions
1. GENERAL
a) This document constitutes an electronic record under the Information Technology Act, 2000, and its subsequent amendments pertaining to electronic records. This electronic record is generated by a computer system and does not require physical or digital signatures.
b) These terms are published in accordance with Rule 3(1) of the Information Technology (Intermediaries guidelines & digital media ethics code) Rules, 2021, which mandates the publication of rules, regulations, privacy policy, and Terms of Use for access or usage of https://www.creditcares.com.
c) The domain name https://www.creditcares.com (“Website”) is owned and operated by Creditcares Private Limited, a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, with its office at56L, Bidhannagar Rd, Ultadanga, Kolkata, West Bengal 700067, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents, and their successors and assigns.
d) For the purpose of these Terms of Use (“Terms”), wherever the context so requires:
i) The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts as per the provisions of the Indian Contract Act, 1872.
ii) The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Company, as the context so requires.
iii) The terms ‘Party’ & ‘Parties’ shall respectively refer to the User and the Company individually and collectively, as the context so requires.
e) The headings of each section in these Terms are for organizing the provisions under these Terms and shall not be used for interpretation. The headings have no legal or contractual value.
f) Your use of the Website is governed by these Terms and the Privacy Policy available at the Website. By visiting the home page of the Website or using any of its services, you signify your acceptance of these Terms and the Policy. You expressly agree to be bound by these Terms and the Policy, which are co-terminus and will expire or terminate together, except as provided in Section 3 below.
g) These Terms and the Policy constitute a legally binding agreement between you and Creditcares. You agree to comply with the rules, guidelines, policies, terms, and conditions applicable to any service provided by the Website.
h) Creditcares reserves the right to amend or modify these Terms. Revised terms will be uploaded on https://www.creditcares.com. You have a duty to periodically check the terms and stay updated. By complying with these Terms, you are granted a personal, non-exclusive, non-transferable, revocable, limited privilege to use the Website.
THE SERVICES
We are India’s first unbiased loan advisor, offering the best deals in loans and unparalleled advisory services. Below is a list of our services:
Loan Advisory: We oversee the entire borrowing process for our clients, beginning with assisting them in selecting the right product from the suitable lending organization, all the way through to the complete disbursement of the loan.
Documentation Management: We take charge of managing documentation, provide advice on professional matters related to taxation and insurance, and offer comprehensive client support.
Dedicated Relationship Manager: We provide a “Dedicated Relationship Manager” to assist our customers for life, ensuring continuous support and guidance.
2. ELIGIBILITY
The User represents and warrants that they are competent and eligible to enter into legally binding agreements and have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.
3. TERM
These Terms shall constitute a valid and binding contract between the Parties, and shall remain in full force and effect until:
a) The User continues to access and use the Website; or
b) Any transaction between the Parties concludes to the satisfaction of both Parties;
Whichever period is longer. The Parties agree that certain provisions of these Terms (“Sections”), such as Sections 12, 13, 14, & 16, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
4. TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed by the Parties that the User shall not have the right to terminate these Terms until their expiry, as described in Clause 3 above.
5. ONLINE SERVICE PLATFORM
The Website serves as an online platform that provides advice and recommendations regarding real estate properties globally.
6. COMMUNICATION
By using this Website and providing contact information to the Company through the Website, the User agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, emails, and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. If the User wishes to stop receiving such marketing or promotional communications, they may follow the opt-out instructions provided in the communications or contact our customer support team. The User acknowledges that it may take a reasonable amount of time for the Company to process any opt-out request.
The User expressly agrees that notwithstanding the above, they may still be contacted by the Company or its affiliates/partners regarding any services availed by the User on the Website or related matters.
It is agreed by the Parties that any information shared by the User with the Company shall be governed by the Policy.
7. CHARGES
The use of this Website by the User, such as browsing the Website, is free of cost. The User is only required to pay for the services availed on the Website. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered or rendered. In such an event, the User will be informed when attempting to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any changes to this policy shall come into effect immediately upon notification to the User, unless specified otherwise.
8. PAYMENT PROCESS
For transactions related to our services, the payment process will be discussed and finalized through direct contact or meetings. Currently, we do not integrate any payment methods directly on our website. The accepted method of payment will primarily be through bank transfer. During consultations or interactions, our team will provide detailed instructions on how to proceed with payments via bank transfer for the services availed.
9. SECURITY
Rest assured that any financial transactions discussed and agreed upon will prioritize security and confidentiality. We do not store or handle sensitive payment information directly on our website. Payments will be processed externally through secure bank transfer methods, and our team will guide you through this process to ensure a seamless and secure transaction experience.
10. USER OBLIGATIONS
By using this website, the User agrees to the following obligations:
a) Restricted Use: The User agrees not to copy, distribute, modify, reverse engineer, disseminate, post, publish, or sell any information or software obtained from the Website without prior express written permission from the Company. Unlimited or wholesale reproduction of content for commercial or non-commercial purposes is expressly prohibited.
b) Proper Access: The User agrees to access the Website only through the interface provided and not to use any automated means, such as robots or spiders, to access, acquire, or monitor any portion of the Website without explicit authorization. Any unauthorized access or attempt may result in suspension or termination of the User’s access to the Website.
c) Content Guidelines: When posting material on the Website, the User undertakes to ensure that it complies with applicable laws and regulations and is not offensive or objectionable. The Company reserves the right to immediately remove any material deemed objectionable without notice and may revoke the User’s access to the Website.
d) Specific Undertakings: The User agrees not to:
i. Abuse, harass, threaten, defame, or violate the legal rights of any other person or entity.
ii. Engage in any activity that interferes with or disrupts access to the Website or its services.
iii. Impersonate any person or entity, or misrepresent affiliation with any person or entity.
iv. Publish, post, or disseminate offensive, obscene, pornographic, or unlawful content.
v. Infringe on the copyright, patent, or trademark rights of any third party.
vi. Upload or distribute files containing viruses, corrupted files, or any other harmful software.
vii. Download or distribute any content that infringes intellectual property rights.
viii. Probe, scan, or test the vulnerability of the Website or breach its security measures.
ix. Disrupt or harm the Website’s systems, accounts, servers, or networks.
x. Collect or store personal data or information about other users without consent.
xi. Use the Website for any unlawful or prohibited activities.
xii. Violate any code of conduct or guidelines applicable to specific products or services on the Website.
xiii. Violate any applicable laws, rules, or regulations within or outside India.
xiv. Threaten national security, public order, or friendly relations with foreign states.
xv. Publish false, inaccurate, or misleading information.
xvi. Offer or engage in prohibited transactions, such as dealing in restricted or illegal goods or services.
xvii. Engage in activities that may cause the Company to lose its service providers or disrupt services.
xviii. Engage in unauthorized advertising, solicitation, or spamming of other users.
xix. Use information obtained from the Website to harass, abuse, or harm others without consent.
xx. Consent to Company disclosure of User information to law enforcement or government officials if required.
xxi. Acknowledge that the Company has no obligation to monitor User-generated content but reserves the right to remove or edit objectionable content.
xxii. Accept responsibility for all transactions conducted through the User’s account and agree to report any unauthorized use immediately.
xxiii. Agree to receive updates and enhancements (“Updates”) to the Website for improved service delivery.
xxiv. Understand that not all products, services, or rewards offered on the Website may be available in all areas, and eligibility is determined by the Company.
xxv. Immediately request account block and password change if the User’s device is lost or stolen to prevent unauthorized access.
xxvi. Use the Website features only for their intended purposes and refrain from engaging in fraudulent or unethical activities.
11. VIOLATION OF USER OBLIGATIONS
a) If the Company believes that the User has violated any conditions specified in these Terms of Use, User Obligations, or the Privacy Policy applicable to certain services or agreements via the Website, the Company reserves the right to suspend the User’s access to the Website and/or delete the User’s account without prior notice. However, the User may contact the Company’s support team for assistance with account restoration.
b) In cases where suspicious or unusual activity is detected on a User’s account, the Company may take the following actions against the User:
Immediate Refund: The User may be required to immediately refund to the Company any benefits received from schemes or transactions.
Reimbursement of Charges: The User may be asked to reimburse any unwarranted charges incurred by the Company due to fraudulent transactions committed by the User.
Penalty Charges: A penalty equivalent to 3% of the transacted amount may be imposed on the User. The Company reserves the right to increase the penalty amount based on the severity or scale of the violation, fraud, or misuse.
Suspension of Access: The Company may temporarily or permanently suspend the User’s access to the Website or application services.
12. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies available, the Company may, at its sole discretion, limit the User’s access or activity by immediately removing the User’s access credentials temporarily or indefinitely, or suspend/terminate the User’s membership, and/or refuse to provide the User access to the Website without notice or cause under the following circumstances:
a) Breach of Terms: If the User is found to be in breach of any provisions in these Terms or the Policy.
b) Incorrect Information: If the User has provided false, inaccurate, incomplete, or incorrect information.
c) Potential Harm: If the User’s actions are deemed to cause harm, damage, or loss to other users, the Website, or the Company, at the Company’s sole discretion.
13. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify, and hold harmless the Website and the Company, its employees, directors, officers, agents, successors, and assigns against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, arising from or caused by:
Claims based upon the User’s actions or inactions, including any warranties, representations, or undertakings made by the User.
Non-fulfillment of any of the User’s obligations under this Agreement.
User’s infringement of applicable laws, rules, or regulations, including but not limited to infringement of intellectual property rights, non-payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or infringement of any other rights of a third party.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether foreseeable or not, and regardless of whether the Company/Website had been advised of the possibility of such damages. This includes damages based on any theory of liability, including breach of contract or warranty, negligence, or other tortious actions, arising from the User’s use of or access to the Website, products, services, or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. The Parties expressly agree that if any statute, rule, regulation, or amendment results in the Company/Website incurring liability, these Terms and the Policy will terminate one (1) day before the effective date of such statute, rule, regulation, or amendment. It is further agreed that the contents of this Section shall survive even after the termination or expiration of the Terms and/or Policy.
14. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall grant the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, except as permitted by these Terms. All logos, trademarks, brand names, service marks, domain names, and other distinctive brand features of the Website are the property of the Company. Additionally, all designs, graphics, and related intellectual property developed by the Company for the Website shall be the exclusive property of the Company.
The User may not use any of the intellectual property displayed on the Website in any manner likely to cause confusion among existing or prospective users, or that disparages or discredits the Company/Website, at the sole discretion of the Company.
The User acknowledges that the products displayed on the Website are the creations of their respective owners, and all related intellectual property, including copyrights, remains with the creators. The Company provides a platform for listing these products but does not own the intellectual property related to them.
Any reproduction or infringement of the intellectual property by the User may result in legal action by the respective owners. The contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
15. DISCLAIMER OF WARRANTIES AND LIABILITIES
a) Except as expressly stated on the Website, all products/services offered are provided on an “as is” basis without any warranty, express or implied.
b) The Company/Website makes no representations, including implied warranties of merchantability or fitness for a particular purpose.
c) The User acknowledges that accessing the Website and transacting is at their sole risk, and they must exercise best judgment before purchasing any product/service or using information displayed.
d) The Company/Website accepts no liability for errors or omissions, or for any damage caused directly or indirectly from the use or misuse of any product/service.
e) The Company/Website does not guarantee uninterrupted or error-free functions and services, nor that the Website or its server will be free of viruses or other harmful components.
f) The contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
16. SUBMISSIONS
Any comments, ideas, suggestions, or other content contributed by the User to the Company or this Website will grant the Company a royalty-free, perpetual, irrevocable, nonexclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media or technology now known or later developed. The User represents and warrants that they own or control all rights to the contributed content and that its use by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action against the Company/Website arising from such content, the User agrees to indemnify and hold harmless the Company/Website. The Company reserves the right to defend itself in any legal disputes and recover costs incurred from the User.
17. DISPUTE RESOLUTION AND JURISDICTION
The Parties agree that any disputes arising from these Terms will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism, which includes:
a) Mediation: If a dispute arises, the Parties will attempt to resolve it amicably within thirty (30) days of notification. If no resolution is reached, the dispute will proceed to arbitration.
b) Arbitration: Unresolved disputes will be referred to arbitration by a sole arbitrator appointed by the Company. The arbitration award will be binding, and each Party will bear its own costs. Arbitration will be conducted in English, with the seat of arbitration in Delhi, India.
These Terms, Policy, and any agreements are governed by Indian laws, with exclusive jurisdiction in Delhi courts.
18. NOTICES
Any communication related to disputes or grievances must be sent in writing via Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD) to the Company’s registered office.
19. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, along with the Policy, form the complete contract between the User and the Company, superseding all prior agreements.
b) Waiver: The failure to enforce any provision of these Terms shall not affect future enforcement. No waiver of breach is deemed to be a waiver of subsequent breaches.
c) Severability: If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
Disclaimer:
The website may provide information about various loan products, insurance products, credit scores, and links to other websites or resources over which Creditcares.in does not have control. Such information and links are received from Banks, NBFCs (Non-Banking Financial Companies), Insurance companies, and credit rating agencies. Users of this website acknowledge that creditcares.in is providing this information and these links only as a convenience. Users further agree that creditcares.in is not responsible for the accuracy or veracity of such information.
Users are advised to independently verify the information and conduct other necessary due diligence before making any decision. Creditcares.in, its employees, partners, and associated staff are not accountable for any loss, harm, or damage due to the usage of information from this website. Additionally, users’ use of links to external websites is subject to the terms of use and privacy policies located on those sites.