(I) Overview of Company Platform – Terms and Conditions

This document establishes the terms and conditions (hereinafter referred to as “Terms”) that govern the relationship between Business Alert Infotech Pvt. Ltd. (operating under the brand names “COMPANY” and the users of its platform. These Terms are subject to amendments and additions from time to time and will apply to the provision of a variety of services offered by Company. These services include but are not limited to:

Terms of Service: All associated services are provided under the Company name and must always be used in accordance with that designation.

Definations: 

• Customer: A customer refers to any business, partnership firm, proprietorship, organization, body corporate, or company that is registered under the Goods and Services Tax (GST) and possesses a valid GST number. This entity engages in transactions related to any products or services. The terms “I,” “We,” “Us,” “Me,” “My,” “Myself,” “Customer,” and “Consumer” refer to any person(s) or entities that are customers of Company, using its Products and Services. These include individuals or legal entities who:
  • Request, obtain, or make use of Company Credit Information Reports,
  • Engage in any financial transactions on the platform,
  • Or make use of any part of the services offered by Company.

These terms apply to both singular and plural forms. Additionally, any reference to the masculine gender will   automatically include the feminine and neutral genders, as well as any legal entities such as companies and organizations.

These services are made available to a variety of legal entities, including:

• Proprietorship firms
• Partnership firms
• Companies/Organizations (as defined under Section 2 of the Companies Act, 2013)
• Body Corporates (as defined under Section 2(11) of the Companies Act, 2013)
• Any other institution that holds a valid GST number
• And specifically, MSMEs (Micro, Small, and Medium Enterprises) that also possess a GST number

These entities, which are eligible to use the Company platform, are hereinafter collectively referred to as “Products and Services” beneficiaries, in accordance with applicable laws.

•  Company: Throughout this document, the terms “Company,” “The Company,” “Companies” and “Platform”, “Portal” will always refer to Company itself, i.e., Business Alert Infotech Pvt. Ltd. and its associated services.
• Defaulter buyer party: The party reported by the customer for outstanding amounts refers to any business, partnership firm, organization, proprietorship, or company, including its director or owner.
• Relationship Manager: Each customer who purchases a subscription plan and successfully signs the service agreement will be assigned a dedicated Relationship Manager. This manager will act on behalf of the customer to ensure their needs are met effectively. Customers can access the details of their Relationship Manager, including their name and contact number, through a dedicated customer’s self-care login portal. In the event that a customer’s Relationship Manager changes, updated details will be provided through the customer’s self-care portal to ensure seamless communication and support.
• Subscription Services: Our Platform offers subscription plans that enable businesses to avail Company services, and businesses are at liberty to choose from various subscription plans according to their associated services i.e. to (purchase subscription plans, renew subscription plan, add business, renew add business and upgrade of subscription plan).
• Company Credit Information Reports (Company CIRs): These are detailed reports about the creditworthiness of businesses, hereinafter collectively referred to as “Credit Reports.”
• Business Credit Management: Company provides tools and services for businesses to effectively manage their credit transactions and provide reminder services through various means and processes under this service.
• Settlement Services: These are services designed to assist businesses in settling outstanding debts or disputes related to credit transactions in business.
• Wallet Management Services: Company also provides wallet management services through which businesses can avail of a variety of services as per their convenience. The wallet service offered by Company can be subject to changes as per their sole discretion.
• Duration of Service Agreement: The duration of the Service Agreement will align with the subscription plan selected and purchased by the business. This means that the agreement will remain in effect for the entire length of the purchased subscription.
• Reporting Defaulters: Businesses may report a defaulter in their account only after successfully signing the service agreement and completing all necessary formalities.
• Limitation of Use: Customers understand that the usage of the platform is limited to availing the services solely for the subscription purchased. If he does not renew the subscription before the end date, he will be transitioned to the basic plan and can use the services the services of basic plan only. He cannot use the other services until the subscription is renewed.
• Old Service Agreement:“The old service agreement will remain in effect until the introduction of the new service agreement, which will take effect from 1-Nov-2024.”

Company Information:

Business Alert Infotech Pvt. Ltd., a company registered under the Companies Act, 1956, with its registered office located at 8/14, Chitrakoot, Vaishali Nagar, Jaipur-302021, India, operates the Company platform. In this document, “COMPANY” and “MSMECompany” refer to Business Alert Infotech Pvt. Ltd., and these expressions will extend to include its successors and legally authorized persons unless the context requires otherwise.

Acceptance of Terms and Conditions

This document, along with its terms and conditions, covers the use of the Company website and its services. By accessing, using, or registering on the Company platform, I/We agree to abide by Company’s Terms and Conditions. This includes all terms and policies regarding the use of the website, services, and products, which may be updated periodically to reflect changes in the platform or its services or introduce new services.

By accepting these Terms, I/We acknowledge and accept their responsibilities and obligations when using the services offered by Company, including but not limited to proper reporting, fair use of credit information, and adherence to applicable laws and regulations governing business credit transactions.

This overview is designed to provide a broad understanding of the scope of services offered by Company, along with the legal framework that governs their use. All users are advised to read the detailed terms and conditions on the Company website for comprehensive guidance on the policies governing their interactions with Company.

I/We hereby accept the following terms and conditions, acknowledging that they may be modified from time to time.

(II)Company Services

Companies aim to assist MSMEs in addressing challenges related to Business Credit Defaulters. To tackle this issue, the company offers a range of services, which may evolve or expand over time with the introduction of new services or modifications to existing ones. All current, future, and amended services will be part of Company and are governed by these terms and conditions.

1. Subscription

a) Purchase of subscription

In order to utilize the services offered through the platform, customers must first purchase a subscription plan, which can be selected from the options provided on the company’s website and after carefully understanding and reviewing different benefits that are associated with different subscription plans, businesses are at liberty choose that subscription plan which is best for them. The company retains full discretion to modify various aspects of these subscription plans, including but not limited to the plan’s pricing, name, duration, and the specific benefits associated with each plan.

These changes may be made periodically to reflect updates in services or market conditions. Once such modifications are implemented, the updated version of the subscription plan will be applicable to the customer for any future services they access.

b) Addition of Multiple Business

If a customer operates multiple businesses, there is no need to purchase separate subscription plans for each business. Instead, the customer can use the “Add Business” feature, which allows them to manage and monitor all of their businesses from a single registered account. This simplifies the process by providing a consolidated view of all business credit activities and reports under one account.

The pricing for adding additional businesses is available in a dedicated section on the membership page. This feature is designed to be flexible, allowing customers to expand their business management capabilities without having to manage separate plans for each entity.

The company reserves the right to modify the pricing, duration, and specific benefits associated with the “Add Business” feature.

2. Payment Modes & Terms

a) For subscription or other services

• The charges for the subscription or credit report or any other Services shall be as stipulated by the Company from time to time and I/we agree to pay the same. The charges for any Products and Services may be amended by the Company from time to time subject to applicable laws.
• I/We acknowledge and agree that the charges as specified above are the cost of a subscription/ Report or other Products and Services, as may be applicable and other charges including any delivery charges, payment gateway charges and taxes and other duties which shall be payable by me/us, as applicable and prescribed by Company relating to costs that Company may incur for the purposes of facilitating me/us in the payment mechanism and in getting my/our Report or other Products and Services will be mailed at my given email id.
• I/We acknowledge and agree that the paid subscription purchased by me is valid for a specific duration and after the expiry of that duration, I will have to renew the subscription again if I wish to continue the benefits of the Paid Subscription. If I don’t renew my Subscription, Company can change my subscription back to the Basic plan.
• I/We understand that the payment gateway & net-banking channels may not belong to Company & agree to abide by the rules & regulations & terms prescribed by such third party in the process of facilitating my/our payment through the said payment gateway & net-banking channels.
• I/We understand that unless complete and full payment along with submission of the required documents is made by me/us, Company shall not be obliged to process or issue any Credit Information Report to me/us.
• I/We authorize Company to save my personal & professional info like Mobile No., Email Id etc. in their Database. Also, I/We authorize Company to use these details for Marketing Purposes.
• Payment through Net Banking: I/We understand that a payment of the stipulated charges for Reports and/or Products and Services may be made through my/our Net Banking channel.
• Payment through Demand Draft: I/We understand that for any payment for the Products and Services through a DD (i.e., Demand Draft) for the stipulated charges for the Products and Services in favor of ‘Business Alert Infotech Pvt. Ltd.’ payable at Jaipur has to be sent at the Processing Address: Business Alert Infotech Pvt. Ltd. 8/14, Vaishali Nagar, Jaipur, Rajasthan 302021.
• Payment through Credit Cards/Debit Cards/UPI and or other online payment modes:  I/We understand that any payment for the Products and Services through my/our VISA or MASTERCARD or other service provider (as provided by the Payment Gateway Merchant) Credit Card or Debit Card/UPI and or other online payment modes as the case may be, can be made.

b) Terms of Payment

• Charges for Subscription /Credit Information Report/Wallet Recharge: I/We agree to pay such amount as stipulated by Company for my subscription / Credit Information Report/Wallet Recharge. The charges are inclusive of handling fees, payment gateway charges (if any).
• Charges for other Services: I/We agree to pay the charges for Products and Services as stipulated by Company and understand that such charges for Products and Services are exclusive of delivery charges and applicable taxes & levies, and we agree to pay such additional amounts as may be stipulated by Company towards the delivery charges and taxes and levies.
• If the payment is made through Credit Card or Debit Card/UPI or any other online payment mode:⮚ I/We represent that the Credit Card or Debit Card/online UPI payment mode used by me/us to make payment herein, is my/us own Credit Card or Debit Card or I/we have full authority and permission to use the same to make payment herein.
  ⮚ Processing of the Request Form shall take place only after Company realizes the payment through from the Credit Card/Debit Card payment gateway merchant for the full amount. In the event there is any error in the payment of the full amount through this mode, the relevant Request Form shall not be processed.
  ⮚In the event payment is made more than once for the same transaction, I/we understand that I am/ We are required to email Company at support@creditq.in or WhatsApp Company at customer support 8504862035 such other number as Company may intimate on its Website/s (creditq.in) from time to time and inform Company for the same. Upon request by Company, I/we shall provide the relevant reference number from the issuing bank or financial institution providing net banking services or issuing the Credit Card/Debit Card, as the case may be, in order to reverse such duplicate payment. I/We understand such reversals shall be made to the same account from which payment was made or the same Credit Card/Debit Card from which payment was made, as the case may be, and that Company shall make its best endeavors to refund the paid amount/deducted amount after the expiry of at least 6 (six) working days.
• If the payment is made through DD:
  ⮚The DD should clearly state the name as mentioned above without any spelling mistakes and should be payable at Jaipur.
  ⮚Processing of the Request Form shall take place only after the Company realizes the payment through the DD for the full amount. In the event there is any error of any nature in the DD, the relevant Request Form shall not be processed unless a fresh DD for the requisite amount as stated above is sent to Company at the Processing Address with all other details as required herein. Further, I/we acknowledge and understand that the DD which contains the error shall not be returned to us and will be destroyed by the Company with intimation to me by way of an email/SMS/post.
• If the payment is made through net banking facilities:
  ⮚I/We shall use only my/our own net banking account details to transact on this Website or have full authority and permission to use the net banking account to make payment as required herein.
  ⮚The processing of the Request Form will only begin once Company has received a confirmed receipt from the customer of the full payment through the net-banking payment gateway, along with a successful transaction reference number. If there is any error with the payment amount, the Request Form will not be processed.
  ⮚Company shall not be liable in any manner whatsoever for any fraud that may be committed on my/our net banking account or my Credit Card/Debit Card/or usage of UPI payment mode, as the case may be, whether due to loss or theft or otherwise.
  ⮚The required payment gateway for enabling net banking services or Credit Card/Debit Card could be affected by viruses or other malicious, destructive or corrupting code, program or macro. This could result in delays in the processing of instructions or failure in the processing of instructions. Company shall not be liable, whether direct or indirect, whether arising out of loss or profit or otherwise arising out of any failure or inability by the relevant bank or financial institution to honor any customer instruction for whatsoever reason.
  ⮚ I/We understand that the Net Banking channel is available only if I/we have a bank account with net banking transaction facility enabled exclusively from dedicated net banking website of concerned bank with my/our bank or financial institution from where the said amount will be directly debited from my/our account with my/our instructions and valid authentication along with proper credentials and such facility is available only if I/ we hold an account with the banks as maybe provided by payment gateway merchant and/or Company , from time to time.

3. Signing of Agreement & Authority Letter 

Once a subscription is purchased, it is mandatory for the customer to sign both the Service Agreement and the Authority Letter in order to move forward with the services. These documents serve as formal consent and authorization, ensuring that the Company can take the necessary actions on behalf of the customer.

By signing the Agreement and Authority Letter, the customer explicitly agrees to and authorizes the Company to take follow-up actions and send reminders to the businesses or director(s), an individual who has been reported as a defaulter. This includes frequent communication with the defaulter to encourage the settlement of outstanding dues.

Additionally, through these signed documents, the customer provides consent for the Company to issue legal notices, either in physical form (RPAD) or as e-notices, to the reported defaulter party. This legal communication is an important step in addressing defaults and pursuing remedies under the law.

All specific instructions, guidelines, and details regarding the customer’s responsibilities, the scope of the Company’s authority, and the process for handling defaulter parties are outlined in detail within the Agreement and the Authority Letter. Customers are advised to review these documents carefully to fully understand the terms before proceeding.

4. Wallet Management

The company provides businesses with an exclusive facility/service of digital wallet management which the businesses can use for availing various services by redeeming the available wallet points which are offered by the Company.

a) Wallet points Allocation: The Customer will receive specified wallet points based on their chosen subscription plan/Add business/renew add business/renew subscription/upgrade plan. This amount is intended to be used within the scope of the services provided under the subscription chosen by the customer.

b) Utilization of Wallet Points: Once activated, the Customer can use the Wallet Points for generating a Credit Information Report (CIR) and for payment of settlement charges when the settlement of the reported amount is done with their reported defaulter payment, the settlement charges are applicable as outlined in their subscription plan.

c) Renewals and Upgrades: When the Customer renews their subscription or upgrades their plan, they will be credited with additional Wallet Points as part of the updated or improved plan services, as per the companies’ terms of service.

d) Impact of Subscription Plan Upgrades on Wallet Points Services: In the event that a supplier elects to upgrade their subscription plan, the allocation and management of wallet points associated with the customer’s account shall be governed by an algorithm employed by CreditQ. This algorithm shall determine the number of wallet points to be credited to the customer’s wallet as a result of the subscription plan upgrade. The customer acknowledges and agrees that the calculation of wallet points in connection with the plan upgrade will be solely based on the aforementioned algorithm and that CreditQ reserves the right to modify or adjust the algorithm at its discretion in accordance with its business practices and policies.

e)Wallet Recharge: After utilizing the initial wallet points, the Customer has the option to recharge their wallet with additional wallet points as and when needed to continue accessing services or benefits.

f) Cashback Policy: Any cashback earned will be added to the Customer’s wallet, providing additional funds for future use in Company services.

g) Wallet points Carry Forward: Each time the subscription is renewed, the Customer’s wallet will be credited with wallet points as per the associated subscription plan, and any remaining wallet points from previous subscription plan will be carried forward and available for use.

h) If the customer purchases more than one subscription for adding the business firm, then all the existing Wallet Points as well as newly created Wallet Points are merged together as “one single existing wallet” for the customer’s convenience and ease of use.

i) Agreement Requirement for Wallet Points Activation: For every new subscription, addition of a business, or renewal of an existing subscription or add business, the Customer is required to sign the relevant agreement to activate the wallet points. This process ensures that the Wallet Points are properly allocated and managed according to the prevailing terms and conditions.

j) Wallet Refund: After purchasing the subscription, adding a business, or renewal of an existing business, add a business, or upgrading the business, the wallet will be credited with some initial points as per the terms of the service. Wallet points are non-accruable, non-transferable, and non-refundable.

5. Amendment of Subscription

I/We understand that Company reserves the right to set the time duration of subscription plans and can amend it from time to time.

a) Cessation of Subscription Services and associated benefits

Service Suspension upon Exhaustion of Wallet Points: In the event that the customer exhausts all wallet points available for use, including the Reserved Points, the provision of services by CreditQ shall be immediately suspended. To resume use of the services, the customer shall be required to replenish their wallet by recharging the necessary points, the amount of which may vary depending on the customer’s individual terms of use. The customer acknowledges and agrees that failure to recharge the wallet with the requisite points will result in the cessation of services, and such services will not be reinstated until the account has been recharged in accordance with the terms.

The cessation of services that are offered under the purchased subscription plan is categorized into the following kinds of customers:

⮚ Cessation of service for New customers of Company

The cessation of subscription services and associated benefits for (newly registered businesses) is subject to the following terms and conditions:

• For New Customers i.e. partnership firm’s/proprietorship firms/companies/Organizations/body corporates/or any other institution that holds a valid GST number and; specifically, MSMEs (Micro, Small, and Medium Enterprises) that also possess a GST number.
• New customers who have purchased a subscription plan from the Company but have not signed the service agreement will not be entitled to the services of the subscription plan, including reporting of defaulters and resolving reported defaulter amounts or any other exclusive services that may be offered from Company or can be amended from time to time, except for preliminary services (basic plan).
• If the time period of the subscription plan lapses, the service agreement will be immediately repudiated, and all associated services described within it will be withdrawn. Additionally, any services related to resolving reported defaulter amounts will cease automatically. After the subscription plan expires, the customer will be transitioned to the basic (introductory) plan and will only be able to access the services associated with that plan.
• Add Business with GSTN Fetching: I/We acknowledge and agree that the Company can retrieve my/our company, partnership firm, organization, or proprietorship details, as well as personal information available on the GSTN/CIN/PAN number portal, through the GSTN API or any other third-party portal, to register my/our entity on the COMPANY platform.
• Saving The Bank Details: I/We acknowledge and agree that COMPANY may store the bank details provided by me/us during registration for the purpose of processing cash back or for any other purposes.
• Settlement Charges to be paid from Wallet: If the reported defaulter amount is settled within the duration of the service agreement, irrespective of the duration of the subscription plan purchased from the Company, the customer has a liability to pay the settlement charges to the Company. The settlement charges are deducted from the Company’s exclusive and dedicated digital wallet management service, if there are insufficient wallet points in the customer’s digital wallet then the customer is required to recharge the wallet with the required number of wallet points, and after successful recharge, the settlement charges of reported defaulters amount can be paid through digital wallet points.
• Promo Code Policy: I/We understand that promo codes are special offers provided by COMPANY for my/our benefit from time to time. By entering a promo code, I/we can receive discounts on subscription purchases or the generation of the CIR. However, I/we acknowledge that promo codes cannot be claimed as entitlements. The company reserves the right to withdraw promo codes at any time.

⮚ Cessation of service for existing customers of Company

The cessation of subscription services and associated benefits for (earlier registered businesses) registered (only) under the Company is subject to the following terms and conditions:

• For existing customers of the Company who refuse to sign the service agreement but are subject to certain preliminary services (basic plan) that are offered by the Company
• Customers who have successfully purchased subscription plans but refuse to sign the new service agreement will not be entitled to the associated services.
• They will be entitled to preliminary services that are associated with an introductory (basic) plan.
• Add business with GSTN Fetching: I/We consent to Company accessing my/our business and personal details from the GSTN/CIN/PAN number portal through its API or other third-party platforms for the purpose of registering my/our company/firm/organization/proprietorship on the Company platform.
• Saving Bank Details: I/We agree that Company may retain the bank details provided during registration for cashback or any other purpose.
• Promo Code Policy: I/We understand that promo codes offered by Company are for my/our benefit and can be applied for discounts on subscriptions or CIR generation. However, promo codes cannot be claimed, and Company reserves the right to withdraw them at any time.

⮚ Cessation of service for existing customers of MSMECREDITQ

The cessation of subscription services and associated benefits for (earlier registered businesses) registered under MSMECREDITQ is subject to following terms and conditions:

• For existing customers who had earlier purchased a subscription plan from the Company and have availed of the services of MSMECREDITQ but refuse to sign the new service agreement
• Customers who have successfully purchased subscription plans but refuse to sign the enhanced service agreement will not be entitled to the updated and improved associated services but will be governed by the terms and conditions of the previous service agreement (Until the expiration of Old Agreement).
• If the reported defaulter amount is settled within the duration of the service agreement, irrespective of the duration of the subscription plan purchased from the Company, the customer has liability to pay the settlement charges to the Company.
• If the payment is settled with the defaulter party within the duration of the service agreement period but the subscription plan on the Company has expired, it is necessary to renew the subscription in order to reflect the settlement on your Company account.
• Add Business with GSTN Fetching: I/We acknowledge and agree that Company can retrieve my/our company, partnership firm, organization, or proprietorship details, as well as personal information available on the GSTN/CIN/PAN number portal, through the GSTN API or any other third-party portal, for the purpose of registering my/our entity on the Company
• Saving The Bank Details: I/We acknowledge and agree that COMPANY may store the bank details provided by me/us during registration for the purpose of processing cash back and for any other purposes/uses
• Promo Code Policy: I/We understand that promo codes are special offers provided by COMPANY for my/our benefit from time to time. By entering a promo code, I/we can receive discounts on subscription purchases or the generation of the CIR. However, I/we acknowledge that promo codes cannot be claimed as entitlements. COMPANY reserves the right to withdraw promo codes at any time.

6. Promo codes Policy

At Company, we strive to offer value to our customers through promotional codes. To ensure transparency and fairness, the following terms and conditions apply to the use of promo codes on our platform. By using a promo code, customers agree to these terms and conditions.

a) Eligibility and Use

• Promo codes are available for a limited time and may be subject to eligibility criteria, which will be specified with each promotion.
• Each promo code is limited to one use per customer unless otherwise specified.
• Promo codes can only be used for purchases made directly through our official website.
• Promo codes cannot be combined with any other offers, discounts, or promotional codes unless explicitly stated.

b) Validity and Expiry

• Each promo code has an expiration date, which will be communicated at the time of distribution. Once expired, promo codes cannot be reactivated or extended.
• Promo codes are valid for the specific products, services, or categories as mentioned in the promotional offer.
• Company reserves the right to cancel or modify the promo code at any time without prior notice, particularly in cases of fraud, misuse, or unauthorized distribution.

c) Non-Transferable and Non-Refundable

• Promo codes are non-transferable and must be used by the original recipient. Reselling or exchanging promo codes is prohibited.
• Promo codes hold no monetary value and cannot be redeemed for cash, credit, or refunds.

d) Limitations and Restrictions

• Some promo codes may have minimum order value requirements or may only apply to certain services, or subscription plans.
• Promo codes may not apply to taxes, shipping, or additional charges unless explicitly stated in the promotion details.
• Discount amounts applied via promo codes will be adjusted in case of returns, exchanges, or cancellations of the qualifying purchase.

e) Promo Code Misuse

• Any attempt to misuse or abuse the promo code system may result in the cancellation of the promo code and the forfeiture of any promotional benefits.
• Company reserves the right to deny or cancel orders where promo codes have been applied improperly or in violation of these terms.

f) Changes to Promo Code Policy

• Company reserves the right to modify or update this promo code policy at any time without prior notice.

7. Referral Discounts & Cash Back

The company values the loyalty of our customers and encourages them to refer others through our Referral Program. The company reserves the right to modify or cancel the referral program at any time. The customer agrees and gives his acceptance of below terms and conditions:

• Referrers must be existing customers, and referees must be new customers who make a qualifying purchase.
• Referrers earn a discount for future purchases after a successful referral. This discount is non-transferable and may have a minimum purchase requirement.
• New customers (referees) receive a discount or cashback on their first qualifying purchase.
• Referral discounts and cashback can’t be combined with other offers. The company may limit referrals per customer and modify the program.
• Fraudulent activity, like fake accounts, will lead to disqualification and loss of rewards.
• Company offers the cash back on different services like reporting of defaulters, this cashback will be reflected in the customer’s wallet in the form of points on the platform, and wallet terms will be applicable in this regard.

 8. Deactivation of Company Account

On the Company, customers can deactivate their accounts at any time. At the time of deactivation, the customer agrees that the mentioned actions are triggered automatically:

• Settlement of Defaulting Parties: All Defaulter buyer parties that were previously reported as defaulters by the customer will be marked as fully settled on the Company portal.
• Notification to Defaulters: The defaulters who were reported by the deactivating customer will receive an email notification from the Company. This email will inform them that their default status has been changed to fully settled on the Company portal.
• Wallet points reset: The wallet points associated with the customer’s account will be reset to zero. Any remaining points in the wallet will be forfeited upon account deactivation. The customer cannot claim a refund of wallet points as a matter of his rights.
• Impact of Subscription Plan: Your Subscription plan will reset to basic and will get the same plan’s benefits and services.

9. Business Credit Management (BCM)

Business Credit Management (BCM) is an exclusive service provided by the Company at no additional fees or charges. We reserve the right to modify, withdraw, or discontinue the BCM service at our discretion.

• Definition of supplier: “Supplier” is the party/partnership firm/company/organization or any other institution that has been registered under Goods and Services Tax (GST) and has a proper and validated GST number, the sole purpose of which is to supply the goods or services.
• Definition of buyer: “Buyer” means the party /partnership firm/company/organization or any other institution that has been registered under Goods and Services Tax (GST) and has a proper and validated GST number, the sole purpose of which is to purchase the goods or services.

a) Terms and Conditions of BCM

When a supplier/customer (registered on Company) integrates his accounting software with Company portal, agrees to share all the data related to his/her/entity accounting software with Company and allows to Company for storing all the data on its portal. The customer is fully responsible for the actuality and authenticity of data that will be fetched with Company. If any mistake has occurred in the process of uploading/fetching, it could be technical or non-technical, the supplier bears full responsibility of the same.

b) Upload documents/invoices for credit management services

When a supplier uploads the documents as required by Company T&C on the website (www.creditq.in) to report a business transaction, he/she (supplier or buyer or the member registered on CreditQ) is fully responsible to upload the documents. If any mistake has occurred in the process of uploading, it could be technical or non-technical, the total responsibility of such action is for the supplier.

c) Invoice Auto Sharing

Upon integrating the accounting software with Company, the customer agrees to share their invoices with the buyer party through Company portal. The invoices can be sent via email or shared through a link, or both. The buyer can then download the invoice by clicking on the provided link.

d) Reminder & Follow-up Services

By connecting the customer’s accounting software, the customer authorizes automatic data transfer via API/ TCP to Company. Once the due date is reached or due date is approaching, reminders and follow-ups will be automatically sent to the buyer through SMS, email, and WhatsApp. If a due date is not provided in the accounting software, Company will automatically trigger follow-ups after 45 days of the invoice date.

10. Reporting of Defaulters

The registered customers who have successfully purchased the subscription plan and signed the Agreement and Authority letter, can report their defaulters through self-care portal. The customer need to possess certain necessary documents for the process of reporting their parties as defaulters on Company portal.

a) Upload documents & addition of a party as a defaulter:

A “Defaulter” refers to any party, including a sole proprietorship, partnership firm, company, organization, authorized signatory, director, or other institution with a GST/PAN number, that fails to pay for goods and services purchased, whether intentionally or unintentionally, to the suppliers.

The Supplier may report a party as a defaulter only after successfully signing the service agreement and completing all necessary procedures related to this process.

When a supplier uploads the documents as required by Company T&C on the website (www.creditq.in) to prove him as a defaulter, he (supplier or the member registered on CreditQ) is fully responsible for uploading the documents. If any mistake has occurred in the process of uploading, it could be technical or non-technical, the total responsibility is for the supplier.

The Customer agrees that the Company can fetch the defaulter party proprietorship/partnership firm/company/organization director’s PAN number at the time of reporting defaulter. This impacts the credibility of directors also.

b) Additional Contact Details in the Defaulter Buyer Party List:

Customers have the option to add extra contact details to the defaulters list in CreditQ selfcare portal. This functionality allows customers to include additional information to better manage and track defaulters. However, it is important to note that the responsibility for ensuring the accuracy and validity of the contact details provided rests solely with the customer.

CreditQ will not be held accountable for any errors or inaccuracies in the contact information added by the customer. This means that if incorrect or outdated contact details are provided, CreditQ will not be responsible for any resulting and handling legal issues or consequences. Customers are advised to carefully review and verify all contact information before adding it to the defaulters list to ensure it is correct and up-to-date. After adding additional defaulter contact information by the customer, those details cannot be amended or removed from their defaulter’s list.

c) Declaration of Defaulter

The term ‘defaulter’ refers to and includes companies, organizations, directors, owners, partners in a partnership firm, representatives of a partnership firm, company or proprietorship, as well as members or promoters, among others.

The company is not responsible for any defaulter proved by the supplier, Company is not defaulting any other company/firm/organization/owner/director or any other member. The company is only giving the credit information report according to uploaded documents by the registered customers on the platform. Company is only giving the platform to their customers to recognize the defaulters. The company has no responsibility for any legal or non-legal issues created by both parties (Defaulter or Supplier).

d) Sending intimation to Buyer Party through Electronic Mail, SMS, WhatsApp and IVR Calls.

I/We authorize CreditQ to send emails, SMS, WhatsApp, IVR calls for taking follow-ups before and after the due date on my behalf. The “due date” is a date that is mentioned in the invoice and would be fetched with the Plugin of accounting software of the customer to CreditQ. If the due date is not mentioned in the invoice the portal will automatically calculate 45 days from the invoice creation date. If the plugin has disconnected or disrupted with or without any reason or if the customer ends the Plugin his accounting software with CreditQ but the process of sending mail, SMS, IVR calls, and WhatsApp to the buyer party remains the same as before until the accounting software will not be Plugin again and the updated information will not have been update on the platform. If any disputes arise by sending reminders to buyer party, the supplier party will be responsible for that.

e) Sending mail, SMS, WhatsApp, IVR calls & legal notices to defaulter party

I/We authorize CreditQ to send emails, SMS, WhatsApp, IVR calls and notices, physical legal notices (RPAD), E- legal Notices to the defaulter party reported by me on their behalf. CreditQ takes the defaulter documents submitted by the registered customer on Company Portal as the basis of default & is not responsible for any type of grievance or legal issue raised by the defaulter party for sending these communications.

I/We provide consent to CreditQ for sending legal notices, e-notices, SMS messages, emails, WhatsApp messages, and IVR calls to the directors, proprietors, owners, one or more times or as required. The whole responsibility of any grievance, legal matters regarding follow-up, or notices will be borne by me, I will not make responsible CreditQ in any legal matters.

f) Legal Assistance

Legal assistance refers to help provided by a legal professional, such as an advocate, to individuals or businesses who need support with legal matters. This can include advice/opinions to send legal notices, help with legal documents, and guidance on navigating legal concerns or issues. The legal services are as follows:

• E-Notice/ Physical Legal Notice

By agreeing to these terms and conditions, the customer acknowledges and grants us the authority to issue formal communications with their buyer party, including but not limited to E-Notices or physical notices through registered post (RPAD) regarding the default reported by the customer on Platform.

• Legal Notice to Directors

The company can fetch the director’s data through the GST/CIN number and can send the legal notice whether E-notice by electronic mail on the registered email id or Physical Notice through registered post through (RPAD) to company directors.

• Additional Legal Assistance

The company provides additional legal assistance to the customer based on the subscription plan purchased. Legal notices will be issued according to the information provided by the customer, on an ‘as is’ basis. The customer assumes full responsibility for any discrepancies in the information provided, and the company shall not be held liable in such cases. The customer agrees that the company will not be responsible for any legal matters arising from incorrect or incomplete information.

• Limitation of Additional Legal Assistance:

The company offers additional legal assistance to customers based on their purchased subscription plan. This additional support will be limited to the legal services provided by Company.

g) Removal of Defaulters

The Company reserves the right to remove the defaulter buyer party in the following conditions. The removal can be in the form of a write-off/full settlement both;

• Orders received by the Government, any Court, or tribunal (NCLT) to remove the defaulter buyer party name.
• The defaulter Buyer party submits the proof of documents (not being a defaulter).
• If the GST number of reported business is cancelled send proof along with necessary documents.
• A written record of the complaint submitted by the defaulter party(ies) to law enforcement or a cybercrime unit.
• The Defaulter Buyer Party settles payment with the customer but the customer does not update him/her on CreditQ portal.
• A written record that the defaulter party(ies) has filed a First Information Report(FIR) for said actions.
• If the supplier party does not update the status of the defaulter party(ies) to “settled,” and deny to pay the settlement charges through wallet, Company reserves the right to remove the defaulter’s name from the list of registered defaulters associated with that business name (registered customer).

11. Credit Information Report

A Credit Information Report (CIR) is a comprehensive document that provides details about an individual’s or business’s credit history.

a) Request for Submission for CIR

• Request forms for Credit Information Report and Other Services and Proof of Identity and Address
  ⮚ I/We understand that all applications for the Credit information Report/s Credit Management services or any  Services shall be provided by the Company only on the submission by me/us of the duly completed request forms , as may be applicable, for the Reports and/or any other Services, as may be applicable, or through the user form available online (Request Form) which may be obtained or accessed at Company website/s (creditq.in).
  ⮚ GST/PAN number shall be required to fetch with API along with the Request Form, Proof of my/our identity (Identity Proof) and proof of my/our address (Address Proof) if required in the event I/we fill the Request Form online on CreditQ platform. Company reserves the right to utilize the GST/PAN number and maintains full discretion to employ any other or different APIs for retrieving details related to directors, including their names, contact numbers, email addresses, and various other information pertaining to the company and its owners.
  ⮚If the hardcopy of identity proof and address proof is required by the Company I/we shall send it through (RPAD) to the registered address: Business Alert Infotech Pvt. Ltd. 8/14, Vaishali Nagar, Jaipur, Rajasthan 302021.
  ⮚ Any application made by me/us other than in the prescribed Request Form or which is incomplete in any manner shall not be considered a valid application and will be rejected by Company without providing any reason whatsoever.
  ⮚ Company shall not be responsible if any of the documents relating to me/our Identity Proof or Address Proof are lost in transit or in the process of fetching with GST/PAN API prior to receipt of such documents by Company at the above-mentioned processing address.
  ⮚ I/We agree that all documents provided along with the Request Form are valid to my knowledge and not expired, as applicable. Further, I/we agree that copies of the documents provided shall not be returned by Company irrespective of the fact whether or not the Credit Information Report or any other Products and Services is made available and/or provided to me/us.
  ⮚I/We understand that if due to the provision of wrong or incomplete information provided by me/us in the Request Form, or for online ID Authentication Process, or incorrect details fetched by the GST/PAN API as may be applicable, an incorrect Report or such Service as the case may be is received by me/us and in that case, Company shall in no manner be responsible for the same and any subsequent request for a fresh Report or such Service as the case may be shall be treated as a fresh request and application and hence shall be charged accordingly.
  ⮚Also, due to the provision of wrong or incomplete information provided by me/us in the Request Form, or for the online ID Authentication Process, as may be applicable, the Report so generated may belong to a person other than me/us and may be sent to such person at my/our cost. In such cases, I understand that Company shall not be liable to refund any payments made by me/us in this regard and that I/we shall have to furnish a fresh Request Form and submit fresh payment for my/our Credit Information Report.
  ⮚General Terms for the CIR

I/We agree that these Terms constitute the entire agreement between myself/ourselves and Company with respect to the Transaction and these Terms supersede all prior or contemporaneous communications and proposals, if any, whether electronic, oral, or written, between me/us and Company with respect to the Transaction. A printed version of these Terms and of any notice given in electronic form shall be valid and admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as any other documents and records originally generated and maintained in printed form.

I/We have read, understood and agree to abide by these Terms including any changes thereto made by Company in its sole discretion, from time to time, relating to my Transaction with Company, which changes shall be made available on the Company website/s (creditq.in). I/We agree that the Terms form a valid contract between myself/ourselves and Company and that Company may, at its sole discretion, amend the Products and Services relating to the Transaction and/or the Terms, either wholly or partially, at any time in the manner stated above and without the requirement of any prior notice or consent.

I/We agree and understand that any information contained in the Reports and the Products and Services has been collated by the Company based on the information provided by its various customers (company/ firm/organization/ or any other institution who has the GST number and MSMEs) (Members). Consequently, Company shall not be responsible for the accuracy, completeness, and authenticity of any such information as provided. I/We also understand that the information is correct and up to date to such extent, as provided by the customers and is subject to changes and amendments made thereafter and that any information contained herein does not reflect the views of the Company or its directors or its employees. Also, the Company shall incur no liability and shall not be required to indemnify me/us for any loss, damages, claims or expenses incurred by me/us for any incorrect reports provided due to incorrect /inadequate information and/or documents provided by me/us or if for any technical reason, any incorrect report is provided otherwise.

The information contained in the Reports shall be updated up to such dates which the relevant customers with whom I/we have a relationship with, has provided to Company based upon updated information Company will be able to update the Reports and Company shall not be responsible in the event my information is not updated by the customers.

I/We agree that the provision of the Reports and the Products and Services shall be limited to the territory of India.

I/We understand and agree that Company shall not be required to seek prior permission from me/us for updating information that may be reported to Company by the customers or otherwise come to the information of Company and Company shall not be responsible to verify the correctness of the information received hereby. Company shall reproduce the information submitted to it by its customers  on “as is” basis.

Company shall have the right to terminate provision of the Report/s and/or the Products and Services or any part thereof, at its sole discretion at any time. Further, notwithstanding the Terms contained herein, Company reserves the right to reject my Request Form (defined below) made due to any reason whatsoever and shall not be required to specify such a reason for rejecting the same.

Company reserves the right to initiate legal proceedings, including criminal proceedings against the perpetrators of fraud, money laundering or any other form of wrongdoing in relation to the Products and Services. I/We have read in full and have completely understood the steps to access Report/s and/or the Products and Services offered on Company website/s (creditq.in).

I/We understand and agree that in the event there are any insufficiencies in the Request Form and/ or the payment mechanism, my/our Request Form (as hereinafter defined) shall be liable for rejection and I/we shall have to make fresh applications. I/We further understand and agree that until such time, in the event I/we would have made any payments in this regard, the same shall not be refunded to me/ us.

a) Rejection of Request Form

An ‘inadequacy in the Request Form’ would have taken place, including but not limited to, any of the following reasons:

• Copies of the C.A certificate along with UDIN and ledger of the defaulter party, or any other document required by COMPANY at the time of defaulter addition process is not provided or is invalid (not acceptable as defined by COMPANY); Any other reasons as defined by COMPANY, from time to time.
• Demand Draft (DD) not provided along with the Request Form.
• Incorrect payee name on DD.
• DD is not payable at Jaipur.
• DD amount, as realized, is less than the requisite charges for the relevant Products and Services as specified.
• Invalidity of DD (should be within 3 months) from the date of receipt by Company.
• Online payment failure.
• Address or ID proof does not match with that provided on the Request Form.
• ID proof for the authorized signatory (only for an application for Commercial CIR) is not provided or is invalid (not acceptable as defined by Company).
• Business Information not matching on the Reports and/or Request Form and/or the identification documents provided.

b)  Authenticity of The Credit Information report

The CIR generated by Company serves as a reliable document that showcases the past credit history of the requested party. With updates made just two days prior to its generation, it provides a current view of the individual’s or business’s credit behavior. A CIR that is free of deficiencies indicates a strong credit history, suggesting that the buyer is likely to meet their financial obligations. This positive assessment can significantly enhance their reputation and reliability in the marketplace. By reviewing a CIR, businesses can make more informed decisions about extending credit or engaging in financial agreements with potential buyers, ultimately minimizing risk and fostering trust.

12. Settlement Services

* Old CQ customer & MSMECQ CUSTOMER but signed new agreement what conditions will apply for settlement

Customers who did not sign the previous (old) service agreement but are willing to sign the new and improved service agreement will be governed by the terms and conditions outlined in the new agreement. Their settlements regarding reported defaulters will be managed using wallet management services.

* Old MSMECQ customers refuse to sign new agreement

“The Company will provide settlement services to MSMECreditQ customers upon your request who already signed the old service agreement but refuse to sign the new service agreement, this service is optional; if you express interest, the Company will proceed to offer the settlement services.

a) Services associated with settlement:

The Company shall also provide settlement services through MSMECreditQ as and when requested by You, electronically through the platform or otherwise. This is an optional service; if the customer shows interest and signs the agreement to take the settlement services, the Company shall provide it.

You agree and acknowledge that the Settlement/settlement services shall be provided by Company directly or through third-party service providers engaged by Company. You further understand that we reserve the right to cancel the provision of Settlement/settlement services to you at any time without assigning any reason.

b) Legal Advisory:

I/We consent to receive legal advisory services from the Company concerning both, defaulters listed on the platform and those not listed, as well as any other legal advice needed, according to the plan purchased. I/We accept full responsibility for the advice provided by Company and acknowledge that Company is not liable for any consequences arising from this advice. All responsibility is mine/ours, and Company will not be held accountable in any way.

c) Charges:

• Subject to any special terms agreed in by the parties in writing, Company shall charge as per percentage of any amount successfully settled based on the agreement signed by the customer
• The charges for the aforementioned /Settlement/settlement services shall be as set out here and may be revised by Company from time to time. In the event of any deductions that are required to be made from the charges in compliance with applicable laws, you may withhold or deduct such taxes and furnish evidence of such deduction within the timelines as prescribed under applicable law to the Company.
• In the event that the supplier wishes to receive outstanding dues or the defaulter wants to make payment of the outstanding amount using the ESCROW Account, then Collected amount will be paid after deducting the Settlement/service Charge of the Company to the customer.
• If the Defaulter buyer party directly pays the defaulted amount /defaulted material related to the defaulted payment for adjustment to the customer, the Customer agrees to pay the Settlement Charge directly to the company account as per the defaulted reported amount to show the settlement on Company Platform.
• You agree to the charges as set out in the agreement The charges shall be subject to applicable taxes in case of using the escrow account but if you settle the outstanding amount directly from the defaulter buyer party to your bank account then you are liable to pay the Settlement Charges via digital wallet or in bank accont with taxes and the taxes will modify as per the government law. In the event of any deductions that are required to be made from the charges in compliance with applicable laws, the Customer may withhold or deduct such taxes and furnish evidence of such deduction within the timelines as prescribed under applicable laws. These charges are independent of any charges or fees that you have paid for membership or any services to the Company.

d) Deactivation of Settlement Services

For deactivation, please contact us via the “Contact Us” link. Requests for cancellation received later than 3 business days before the end of the current service period will be treated as cancellations for the next service period.

I/We agree to pay the deactivation processing charge, as Company incurs costs, man-hours, technology resources, and the expertise of professionals throughout the process. Therefore, Company reserves the right to charge a cancellation fee for every refund request, reflecting the time and costs incurred from the initial customer inquiry through the service delivery process.

e) Representation and Warranties Specific to Settlement services:

Company will assist the customer in payment settlement and settlement of trade receivables (“Services”) from the ‘Defaulter buyer party’s’ of the Customer as provided.

• Upon the request of settlement/settlement services made to us, you will provide to us with the required information for enable us to provide the Settlement services and you agree that upon our request, you will provide any other information that may be required by us to perform the said services.
• You represent and warrant that the request being raised pertains to a genuine, valid, and lawful transaction and such Settlement services can be carried out between you and the Defaulter Buyer Party

• The Settlement/settlement services being requested do not pertain to any payment settlement where such payment can be attributed to any unlawful activity and/or is not in violation of any applicable law or does not pertain to any act of money laundering. The payment being collected has not been obtained via any unlawful or illegal means. You agree to indemnify us for any claims or damages suffered in this regard.

• The information provided by you is correct;

• You agree that Company shall reserve the right to decide whether any transaction is possibly unlawful based on Company’s sole discretion and we can refuse to provide the Settlement services to you. You acknowledge and agree that Company’s decision in this regard is final and binding;

• You shall not act in an unlawful manner;

• You hereby agree to sign, execute, and/or provide any document that is required pertaining to the Settlement/settlement services;

• You agree that the maximum amount of cash/payment that can be collected shall be up to the limit as may be specified by the regulating authority or as per applicable law. You agree to indemnify us or hold us harmless for any claim made against us in this regard.

• You agree that we can follow up with you via calls, IVR calls, SMS, Emails, WhatsApp, Legal Notices, E and notice regarding the Settlement charges and you agree that you shall not file any complaint or make a claim against Company in this regard;
• You agree that we shall have the right to visit your premises to carry out the settlement service Any other consents that may be required from time to time.

f) Consent of Defaulter Buyer Party’s

To avail of the Services, you hereby represent that you are authorized to the following and therefore, you authorize the Company accordingly:

• to share the Defaulter buyer party’s information with authorized persons;
• to make calls, WhatsApp, Mail, SMS, IVR calls, E-legal notice & postal legal notice /communication with the Defaulter buyer party;
• to take steps as permissible under law for the settlement of dues.

g) Disclaimers Regarding the Settlement services

• You further agree that you shall not hold us liable or make us party to any dispute between you and any other party.
• We will only provide the Settlement services based on instructions provided by you and we disclaim all liability with regard to the same. You shall indemnify us for any claim or damage suffered by us while rendering the Settlement/settlement services based on your instruction.
• We shall not be responsible for any loss, injury or any other liability arising out of the Settlement/settlement services to you.

h) Indemnity

Each User agrees to indemnify Company, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with:

• Your submission, posting or display of any content on the Platform;
• From your use of the Platform or services;
• From your breach of the Terms, and/or
• Arising out of your violation of any law or the rights of a third party.

You shall indemnify and hold the Company and or its subsidiaries/affiliates harmless against any loss, damage, or costs suffered/incurred by the Company and or its subsidiaries/ affiliates as a result of erroneous information supplied by you or your authorized users.

i)  Payments Using the Platform

The company, either directly, or through its business partners/vendors may enter into agreements with third-party payment gateway aggregators and financial institutions authorized by the RBI for processing disbursals, payments, settlements, obtaining User account balance and statement, refunds, and remittances and to facilitate payment between you, Company, it’s third-party service provider and Financial Partners, as the case may be in accordance with the terms agreed by us with the Financial Partners, as the case may be.

While availing any of the payment method/s available on the Platform, Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly from any reason not directly attributable to us to you due to:

• Lack of authorization for any transaction/s, or
• Any payment issues arising out of the transaction, or
• Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by you;
• Decline of transaction for any other reason(s)

Notwithstanding anything contained herein, Platform reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of you/your transaction.

You hereby agree to provide accurate information, such as credit/debit information for purchasing any product on or service on the Platform. You further warrant that you shall not use payment information or instrument that is not lawfully owned by you. In addition to the Terms, the terms and conditions of the Financial Partner shall also be applicable to every User. We disclaim any liability arising out of declining of payment by such Financial Partner.

Upon applying for a credit facility on the Platform, you can opt to make re-payment for the credit facility by using any of the modes of payment made available by us on the Platform, from time to time. However, it is hereby clarified that if you opt to make payments through any such mode made available by us or any third-party engaged by us for this purpose then Company or the third-party engaged by us for the same shall only act in a fiduciary capacity for such repayments.

You acknowledge and agree that Company is acting solely in a fiduciary capacity and shall take no responsibility as to the legality of any payment transaction between the Financial Partner and you. We do not have any obligation, responsibility or liability to verify any transactions and payment instructions authenticated and/or authorized by you.

13. Company Market Policy

Company Market Place is an online platform that enables a Proprietorship/ partnership firm/company/organization or any other institution that has the GST number, to view and choose from multiple offers across products. The offers will be reflected on the company’s website as per Company policy as amended from time to time.

a) I/We acknowledge and consent to:

• Receiving the products and services offered to various Members of Company (Member Services) on the Company Website (creditq.in) or a link to Member website provided on Company Website
• Submitting my/our data, including contact details, or any other personal details available with you or obtained from us by you and/or credit information (each as construed under the applicable law and common parlance) (my information) to the Member on the Website to enable them to send offers, solicitations or other product brochures to me/us and to contact me/us
• Expressly waive any and all rights available to me/us under the Telecom Commercial Communications Customer Preference Regulations, 2010 (TCCCPR 2010) and any other applicable law in relation to the offers or solicitations made by Company

b) I/We shall not hold Company and/or any of its technical service providers responsible or liable for any loss, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to:

• delivery of my information to the Selected Credit report;
• any use, modification or disclosure by the Selected Credit report of my information, in whole or in part, whether authorized or not; and
• any breach of confidentiality or privacy in relation to delivery of my information by the Selected Credit report.

c) I/We further acknowledge and accept:

• Company has not made any promises or representations to me/us in order to induce me/us to provide my/our consent or authorization as contemplated herein and that I/we have agreed to the terms herein at my/our own free will.
• All right, title and interest (including all copyrights, trademarks and other intellectual property rights) on and related to the Site is owned by Company and/or its affiliates. In addition, the names, images, pictures, logos and icons identifying Company and its Products and Services are proprietary marks of Company and/or its affiliates. Nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under copyright, trademark or other intellectual property rights.
• That the implementation of the end use policy of the Selected Credit report, if any, is solely the responsibility of the Selected Credit report, and I/we shall not hold Company liable for any use made by the Selected Credit report which is contrary to the end use policy or otherwise.

d) To the extent that this Website contains links to third party websites (including the Selected Credit reports) for my/our convenience or otherwise, Company does not assume any responsibility for the content of, technology implemented by, or

• privacy practices adopted by such third-party sites and any use of the same is entirely at my/our own risk. I/We specifically agree to review the privacy policy and terms of use for each third-party site and confirm they are acceptable prior to registration on or use of that site. Links to third party sites do not imply endorsement or approval of the sites by Company.

e) I/We shall not sue or otherwise make or present any demand or claim, and I/We irrevocably, unconditionally and entirely release, waive and forever discharge Company , its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (Release), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which I/we ever had, now have, or in the future may have against the Release with respect to grant of my/our consent in relation to disclosure of my/our information.

14.  Customer Referral Terms

• Eligibility:To become eligible for Company referral program (“REFFERAL CODE CASHBACK”), you must be a registered customer of the Company.
• Referral Cash back:A customer will earn referral cash back as decided by Company from time to time, on the amount paid by a subscriber to Company as registration fee by using “you” or “your” referral Code.

15. Partner with Company Policy

COMPANY has below mention loyalty program:

a) Partner Program:

• Channel Partner (CP)
  • Eligibility:To become eligible for COMPANY’s Channel Partner you must be registered as CP on Company Platform. A “Channel Partner” or “You” or “Your” for the purpose of this clause means a partner who has registered to Company Platform by creating an account on the platform using his/her email and GSTIN as Channel Partner and approved by Company.
  • Referral Income program:CP will earn specified Income, as decided by Company from time to time, on the amount paid by a subscriber to Company by using the referral code of “your registered professional”. “Your registered professional” means professional (CA/CS/ICWA/Lawyers or any professional specified by Company) associated with Company by using CP referral code.
• Professional: 
  • Eligibility: Any professional being CA/CS/ICWA/Lawyers, or any professional specified by Company can associate itself as professional partner with Company. A “Professional”, “You”, “Your” for the purpose of this clause means a partner who has registered to Company Platform by creating an account using his/her email and GSTIN.
  • Referral Income program:Professional will earn specified income, as decided by Company from time to time, on the amount paid by a subscriber (for membership & CIR fee) to Company and on successful addition of defaulter on Company Platform using the professional referral code.

a) Withdrawal of Loyalty Program

Company reserves the right to withdraw any loyalty program at any time and/or modify the terms and conditions for any referral code cash back and referral code income program for CP and professional without any prior intimation to CP.  In case Company withdraws any referral program, you will not be eligible for any cash back/ income through referral code. No one has legal right to claim any benefits under loyalty program

16. Raising a Grievance Against Any Information

A grievance request can be raised by subscriber/defaulter by visiting Company website/s (creditq.in). Company will initiate verification against the grievance and will notify appropriately. I/we agree and understand that Company may suspend any or all of the services and/or Transaction mentioned herein, including the raising of a grievance request as set out above, and upon the happening of the same, Company shall not be under any obligation to process the grievance request raised by me from such date of suspension.

17. Delivery of Reports and Other Services

a) The Report/s shall be delivered to the registered email address given at the time of registration by I/we for the communication. A tracking process shall be also provided on I/we dashboard. Company shall not be responsible for any lost mail, or any damage caused by during dispatch of such Report.

b) I/We understand and agree that in case I/we provide an email address for delivery of the Report/s and/or Products and Services for delivery through email, the Company shall not be responsible for the correctness of the email ID and delivery of the Report/s and/or Products and Services made by Company to such email address (with encryption) shall be the complete dispatch of the Report/s and/or Products and Services.

c) The Report/s shall be dispatched only once, and in the event I/we/are missed to receive the reports or because of any technical problem such Report shall not be re-dispatched the second time. However, if I/we want such reports I/we understand that a new application shall be required to be made by me/us.

d) A maximum of 5 (five) working days from the date of submission of the request for the credit information report receipt by the Company along with appropriate and satisfactory documents as required by the Company and the realization by the Company of the full amounts payable by me/us (whichever is later) shall be required to process a Request Form by Company.

18. Refund Policy

Amounts paid through the payment gateway are non-refundable, and transactions cannot be canceled, except under the following circumstances:

a)  I/We acknowledge and agree that any payments made for the purchase of a subscription plan or other services provided by Company, whether through DD, cheque, net banking, UPI, or any other payment gateway, are non-refundable. The customer cannot claim any fees paid as a matter of right.

b) In the event a request made by me/us in relation to a Service is not a valid request, or if it is rejected by Company for any reasons whatsoever or Company is unable to provide the same, I/we agree to pay to Company for registration fees, processing charges, credit information charges shall not be refunded to me/us such amounts as may be decided by Company in its sole discretion from time to time.

c) Only for the following reasons and any other reasons decided by Company at its sole discretion, Company shall refund the payments made by me/us after deducting the relevant processing charges as may be required by Company, in its sole discretion, from time to time:

d) In case of Transactions through Net Banking/using Debit or Credit Cards and in the event of a fraudulent transaction carried out on my/our bank account/card without my/our authorization verified by the police.

e) In the event of any technical issues between my/our computer, Company, and/or the issuing bank that result in my/our transaction not being completed, I/we acknowledge that I/we may be charged twice for a single transaction (duplicate processing).

f) If you report a defaulter and complete the consent process within 30 days of purchasing the subscription plan, you will be eligible for a refund for the MSMECREDITQ service in accordance with the terms of the plan. However, Company reserves the right to modify or cancel the refund policy or establish specific eligibility criteria at its sole discretion.

g) There is always a certain set of resources that are involved in binding every milestone of an operation. Thus, a refund would not be entertained for the work already completed, the earned fee will not be refunded as the company has to spend on man hours and efforts to process the services. Also, the fee paid to the government authorities such as taxes and filing fees, and professional fees.

h) No refund will be entertained in case the service gets canceled for any infringement of the terms stated in our Terms & Conditions section.

i)  Company may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice.

j) The refund will adjust with the first settlement charges paid by you to Company. For ex: If the settlement charges are less than the refund then it will fully adjust from it, further refunds will not initiate in the future or if the charges are higher than the refund amount, the rest amount will be initiated after deducting the due charges. (This will be applicable for existing MSMECREDITQ customers who refuse to sign the new agreement.)

However, Company reserves the right to cancel the refund policy or set the eligibility criteria for getting a refund by you at any time or at the sole discretion of Company.

19. Disclaimer and Limitation of Liability

a) I/We acknowledge, understand and agree that by providing the Report/s and the Products and Services (through this Website/s (creditq.in), Company is acting as a facilitator. Company, thus, does not warrant that the functions contained in the above-mentioned Website/s will be uninterrupted or error free, that defects will be corrected, or that this Website/s or the servers that make it available are free of viruses or other harmful components, but shall take commercially reasonable efforts to correct the delays in operation of the Website/s.

b) In no event shall Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages.

c) I/We acknowledge, understand and agree that, without limiting the above clause b, Company shall not be responsible and disclaims all responsibilities for any claim, liability, or any damage resulting from, arising out of, or in any way related to:

• the use or the inability to use the Report/s and/or the Products and Services or this Website;
• the cost of procurement of substitute services;
• unauthorized access to or alteration of transmissions or data;
• any other matter relating to the provision of services for underlying Transaction; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/s, the Report/s and/or Products and Services, or otherwise,
• any errors in or omissions from this Website/s, including but not limited to technical inaccuracies and typographical errors,
• any third party websites or content therein directly or indirectly accessed through links in this Website/s, including but not limited to any errors in or omissions therefrom,
• the unavailability of this Website/s or any portion thereof, or
• my use of any equipment or software in connection with this Website/s.

d) I/We agree that I/we shall not hold Company liable or responsible for non-availability of its Website either due to internet connectivity speeds or errors on my/our computer or during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Company control. I/we understand and agree that any material and/or data downloaded or otherwise obtained through this Website/s is done entirely at my/our own discretion and risk and I/ we will be solely responsible for any damage to my/our computer systems or loss of data that results from the download of such material and/or data.

e) I/We understand and accept that no information with regards to the Report/s, the Request Form, the Reports or any of the Products and Services shall be provided by me/us vide telephone or in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof. If any information provided by me/us vide telephone or in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof, COMPANY shall have no responsibility for any damage or loss to me/us due to such provision of information by me/us.

f) Apart from above, the respective Report/s and/or Products and Services shall have their disclaimers. I agree, acknowledge and accept the same.

g) Company does not declare any person as “Defaulter” on its own basis. Defaulter is added by its member and Company displays “as is” basis.

20.  Severability

If any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either me/us or Company from any relevant competent authority, Company shall have the right to amend that provision in such reasonable manner as it thinks fit without illegality or it may be severed from this Agreement in such manner as Company thinks fit and the remaining provisions of these Terms shall remain in full force and effect unless Company decides in its sole discretion to stop the provision of the Report/s and/or Products and Services either wholly or in part.

21. Variation in Privacy Policy

In furtherance of these Terms and subject to applicable laws, I/we understand that Company reserves the right to issue further directions which shall apply to me/us from, time to time. Other than as otherwise provided by these Terms, all alterations to these Terms shall be made by Company with an intimation on its Website and the term shall become applicable imminently upon such intimation on website, and Company does not hold any requirement of any prior notice or intimation to any Consumer of such variation. I/We agree to accept any such variation made by Company in this regard regardless of the mode through which I/we have approached Company.

22. Indemnification

I/We agree to defend, indemnify, and hold harmless Company , its officers, directors, employees, agents, licensees, affiliates, advisors, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorney fees) suffered and/or incurred (as the case maybe) by Company and/or resulting from: (i) breach by me/us of any these Terms; (ii) claims made against Company by third parties including any bank/credit institution arising pursuant to the provision of services with respect to the Transaction and/or any matters incidental thereto.

23. Transfer of Rights

I/We shall not assign or transfer any of my rights and/or obligations in relation to the transaction contemplated herein under or pursuant to these Terms to any other person.

24. Governing Law, Jurisdiction and Arbitration

These Terms are governed by and are subject to Indian laws.

“In the event of any claim, dispute, or difference arising from these Terms, such matters shall be referred to civil or criminal proceedings conducted in the courts of Jaipur, as determined by the Company. The judicial proceedings will take place in Jaipur, conducted in English, and governed by the applicable laws in force at that time, including any modifications or re-enactments. All costs associated with these judicial proceedings shall be borne by the consumer.”

25. Miscellaneous

I/We hereby confer Company with the right to use any data and information provided by me/us with the Request Forms in any manner including for any purpose stipulated by Company, provided that the same shall be valid under applicable law.

I/We understand that by providing my/our mobile number and email address. I/we have assented to receiving SMS (s)/Email (s) and I/we may be sent SMS (s)/Email (s) to update status of my/our order for Report/s / Products and Services on Company Website/s (creditq.in). I/We further understand that by providing my/our said mobile number and email address (s), I/we have also assented to receiving calls and emails from Company, their agents etc. regarding any other Company services not covered hereunder.

• Force Majeure

Company shall not be liable for any failure to perform any of its obligations under these Terms or provide the Report/s and/or the Products and Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

Force Majeure Event means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, lockdown acts of government or acts of third party(ies).

• Disclaimer

This term & conditions does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include Company services, or other sites linked from our services. This term and conditions do not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

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