CreditQ Term & Conditions for Provision of Services

This document lays out the terms and conditions and rules, as may be amended and supplemented, from time to time, (Terms) which shall be applicable to the provisions of: (i) Company Credit Information Report (Company CIRs) (collectively referred to as, credit Reports) to either a  proprietorship/partnership firm/company/organization or  (as defined in section 2 of the Companies Act, 2013), a body corporate (as defined under Section 2(11) of the Companies Act, 2013), any other institution who has GST number, and shall include their MSME cum GST number holders CIRs, under applicable law; collectively referred to as, Products and Services) by BusinessAlert Infotech Pvt. Ltd, a company registered under the Companies Act, 1956 and having its registered office at 8/14, Vaishali Nagar, JAIPUR-302021,India, (hereinafter referred to as “CREDITQ” & “ MSMECreditQ”) which expression shall unless repugnant to the subject or context mean and include its successors and permitted assigns) of the OTHER PART.

The words, “I”, “We”, “us”, “me”, “my”, “myself”, M/s “customer” and “consumer” refer to the Person(s) who request for their respective Reports or receive the Products and Services or pursue the Transaction (as defined hereinabove) or part thereof (Consumer) and shall include both singular and plural. Reference to the masculine gender shall include the feminine and neutral gender or any other legal entity.

This statement covers the website term & conditions. By accessing, using or registering with website, you accept and agree to CREDITQ’s T&C Policy.

Our term and condition are as follows:

Table of Contents

I) CREDITQ TERM & CONDITIONS FOR PROVISION OF SERVICES

1) GENERAL.

2) REQUEST FORMS FOR CREDIT INFORMATION REPORT AND OTHER SERVICES AND PROOF OF IDENTITY AND ADDRESS.

3) CHARGES FOR SUBSCRIPTION / SERVICES

4) PAYMENT MODES & TERMS

a) PAYMENT MODES

b) TERMS OF PAYMENT

5) CREDITQ MARKET POLICY

6) TERM & CONDITION FOR LOYALTY PROGRAM

7) INTEGRATE ACCOUNTING SOFTWARE WITH CREDITQ FOR CREDIT MANAGEMENT SERVICES

8) UPLOAD DOCUMENTS/INVOICES FOR CREDIT MANAGEMENT SERVICES

9) UPLOAD DOCUMENTS & ADDITION OF A PARTY AS A DEFAULTER

10) DECLARATION FOR THE DEFAULTER

11) SENDING MAIL, SMS, Whatsup, IVR Calls TO BUYERS AS REMINDERS

12) SENDING MAIL, SMS, Whatsup, IVR Calls & NOTICES TO DEFAULTER PARTY

13) REMOVAL OF DEFAULTER

14) COLLECTION/SETTLEMENT SERVICES  BY CREDITQ AS MSMECreditQ

15) RAISING A GREIVANCE AGAINST ANY INFORMATION

16) DELIVERY OF REPORT/S AND OTHER SERVICES

17) REFUNDS

18) DISCLAIMER AND LIMITATION OF LIABILITY

II) OTHER

1) Severability

2) Variation in privacy policy

3) Indemnification

4) Transfer of right

5) Governing Law, Jurisdiction and Arbitration

6) Miscellaneous

7) Force Majeure

8) Disclaimer

I) CREDITQ TERM & CONDITIONS FOR PROVISION OF SERVICES

1)GENERAL

I/We agree that these Terms constitute the entire agreement between myself/ourselves and CREDITQ 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 CREDITQ 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 CREDITQ in its sole discretion, from time to time, relating to my Transaction with CREDITQ, which changes shall be made available on CREDITQ’s website/s (www.creditq.in). I/We agree that the Terms form a valid contract between myself/ourselves and CREDITQ, and that CREDITQ 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 and all information contained in the Reports and the Products and Services has been collated by CREDITQ based on the information provided by its various member (company/ firm/organization/ or any other institution who has the GST number and MSME,s) (Members). Consequently, CREDITQ shall not be responsible for the accuracy, completeness, and authenticity of any and all such information as provided. I/We also understand that the information is correct and up to date to such extent as provided by the Members and is subject to changes and amendments made thereafter and that any information contained herein does not reflect the views of CREDITQ or its directors or its employees. Also, CREDITQ 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 Members with whom I/we have a relationship with, has provided to CREDITQ based upon updated information CREDITQ will be able to update the Reports and CREDITQ shall not be responsible in the event my information is not updated by the Members.

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

CREDITQ 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, CREDITQ 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.

CREDITQ 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 CREDITQ website/s (www.credtq.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.

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

1. Copies of the C.A certificate along with UDIN and ledger of the defaulter party, or any other document required by CREDITQ at the time of defaulter addition process is not provided or is invalid (not acceptable as defined by CREDITQ); Any other reasons as defined by CREDITQ, from time to time.
2. Demand Draft (DD) not provided along with the Request Form.
3. Incorrect payee name on DD.
4. DD is not payable at Jaipur.
5. DD amount, as realized, less than the requisite charges for the relevant Products and Services as specified.
6. Invalidity of DD (should be within 3 months) from the date of receipt by CREDITQ.
7. Online payment failure.
8. Board resolutions/letter of authorization, authorizing an officer of the entity/Person to apply for a CIR is not provided or is invalid (not acceptable as defined by CREDITQ).
9. Address or ID proof does not match with that provided on the Request Form.
10. ID proof for the authorized signatory (only for an application for Commercial CIR) is not provided or is invalid (not acceptable as defined by CREDITQ).
11. Business Information not matching on the Reports and/or Request Form and/or the identification documents provided.

2) REQUEST FORMS FOR CREDIT INFORMATION REPORT AND OTHER SERVICES AND PROOF OF IDENTITY AND ADDRESS

1. I/We understand that all applications for the Credit information Report/s Credit Management services or any  Services shall be provided by CREDITQ 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 CREDITQ’s website/s (creditq.in).
2. GST number shall be required to fetch with GST 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’s website. If the hardcopy of identity proof and address proof is required by the CREDITQ I/we shall send it to the registered address: Business Alert Infotech Pvt Ltd. 8/14, Vaishali Nagar, Jaipur, Rajasthan 302021.
3. Any application made by me/us other than in the prescribed Request Form or which are incomplete in any manner shall not be considered a valid application and will be rejected by CREDITQ without providing any reason whatsoever.
4. CREDITQ 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 CREDITQ at the above-mentioned processing address.
5. I/We agree that all documents provided along with the Request Form are valid and true to my knowledge and not expired, as applicable. Further, I/we agree that copies of the documents provided shall not be returned by CREDITQ 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.
6. 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, CREDITQ 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.
7. Also, due to the provision of wrong or incomplete information provided by me/us in the Request Form, or for 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 CREDITQ 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.

3)  CHARGES FOR SUBSCRIPTION / SERVICES

1. The charges for the subscription or credit report or any other Services shall be as stipulated by CREDITQ from time to time and I/we agree to pay the same. The charges for any Products and Services may be amended by CREDITQ from time to time subject to applicable laws.
2. 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 CREDITQ relating to costs that CREDITQ 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.
3. 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, CREDITQ can change my subscription back to the Basic plan.
4. I/We understand that the payment gateway & net-banking channels may not belong to CREDITQ & 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.
5. I/We understand that unless complete and full payment along with submission of the required documents is made by me/us, CREDITQ shall not be obliged to process or issue any Credit Information Report to me/us.
6. I/We authorize CREDITQ to save my personal & professional info like Mobile No., Email Id etc. in their Database. Also, I/We authorize CREDITQ to use these details for Marketing Purposes.
7. RESTRICTION OF USE: I/We understand that a I/we are restricted to avail the services only for that I/ we have purchased the subscription. If I/We are not renewing the subscription before the subscription end date, I/we will fall in basic plan and will not be able to use the services until I/we don’t renew the subscription plan.
8. TERMINATION OF SUBSCRIPTION: I/We understand that CREDITQ reserves the right to set the time duration of subscription plans and can change time to time.
9. Expiration of Subscription: If the subscription expires on CreditQ within the time period of the agreement or the case may be you agree on the following points:
10. If the subscription on CreditQ expires while the agreement time period is still in effect, the services for resolving the reported defaulter’s amount will persist until the agreement concludes.
11. If the payment is settled down within the agreement period  but the expiration of subscription with CreditQ, the Customer is liable to pay the services charges to CreditQ
12. If the payment is settled with the defaulter buyer party within the agreement period but the subscription on CreditQ expired, it is necessary to renew of subscription to show the settlement on your CreditQ account.
13. NON-REFUNDABLE SUBSCRIPTION FEES: I/We acknowledge and agree that Payment made by a me/us either for subscription or for any other services of CREDITQ through DD/Cheque/net banking/or payment gateway is non-refundable.
14. ADD BUSINESS WITH GSTN FETCHING: I/We acknowledge and agree that CREDITQ can fetch my/our company/firm/organization/proprietorship details as well as personal details available on GSTN portal through GSTN API of any other portal of third party for registering my/our company/firm/organization/proprietorship on CREDITQ platform.
15. SAVING THE BANK DETAILS: I/We acknowledge and agree that CREDITQ can save the bank details provided by me/us at the time of registration for cash back purposes.
16. PROMO CODE POLICY: I/We understand that Promocodes are the offers which are provided by the CREDITQ to the me/us for my/our benefits time to time. By entering PROMOCODE I/We can get the discount on purchasing the subscription or generating the CIR. But I/we cannot claim the PROMOCODE. CREDITQ reserves the right to withdraw the PROMOCODES at any time.

4)    PAYMENT MODES & TERMS

a)   PAYMENT MODES

1. 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.
2. 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.
3. Payment through Credit Cards/Debit Cards: 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 as the case may be, may be made.

b)   TERMS OF PAYMENT

1. Charges for Subscription /Credit Information Report: I/We agree to pay such amount as stipulated by CREDITQ for my subscription / Credit Information Report. The charges are inclusive of delivery charges, payment gateway charges (if any).
2. Charges for other Services: I/We agree to pay the charges for Products and Services as stipulated by CREDITQ 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 CREDITQ towards the delivery charges and taxes and levies.
3. If the payment is made through Credit Card or Debit Card:
   1. I/We represent that the Credit Card or Debit Card 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.
   2. Processing of the Request Form shall take place only after CREDITQ 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.
   3. In the event payment is made more than once for the same transaction, I/we understand I/we am /are required to email CREDITQ at support@credit.in or WhatsApp CREDITQ at customer support +91- 724-0000-914 such other number as CREDITQ may intimate on its Website/s (creditq.in) from time to time and inform CREDITQ for the same. Upon request by CREDITQ, 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 CREDITQ shall make its best endeavors to credit the refund after the expiry of at least 6 (six) working days.
4. If the payment is made through DD:
   1. The DD should clearly state the name as mentioned above without any spelling mistakes and should be payable at Jaipur.
   2. Processing of the Request Form shall take place only after CREDITQ 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 CREDITQ at the Processing Address with all other details as required herein. Further, I/we acknowledge and understand that the DD which contains error shall not be returned back to us and will be destroyed by CREDITQ with intimation to me by way of an email/SMS/post.
   3. CREDITQ 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, as the case may be, whether due to loss or theft or otherwise.
   4. The technology for enabling the payment by way of net banking services or Credit Card/Debit Card could be affected by virus 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. CREDITQ 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.
   5. I/We understand that the Net Banking channel is available only if I/we have an online banking account with my/our bank or financial institution from where the said amount will be directly debited from my/our account with my/our instructions online and such facility is available only if I/ we hold an account with the banks as maybe provided by payment getaway merchant and/or CREDITQ, from time to time.
5. If the payment is made through net banking facilities:
   1. 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.
   2. Processing of the Request Form shall take place only after CREDITQ realizes the payment through from the net-banking 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.

5) CREDITQ MARKET POLICY

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

1. I/We acknowledge and consent to:
   1. Receiving the products and services offered to various Members of CREDITQ (Member Services) on the CREDITQ Website (creditq.in) or a link to Member website provided on CREDITQ Website
   2. 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
   3. Expressly waive any and all rights available to me/us under the Telecom Commercial Communications Customer Preference Regulations, 2010 and any other applicable law in relation to the offers or solicitations made by CREDITQ
2. I/We shall not hold CREDITQ 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: (a) delivery of my information to the Selected Credit report; (b) any use, modification or disclosure by the Selected Credit report of my information, in whole or in part, whether authorized or not; and (c) any breach of confidentiality or privacy in relation to delivery of my information by the Selected Credit report.
3. I/We further acknowledge and accept:
   1. CREDITQ 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.
   2. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) on and related to the Site is owned by CREDITQ and/or its affiliates. In addition, the names, images, pictures, logos and icons identifying CREDITQ and its Products and Services are proprietary marks of CREDITQ 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.
   3. 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 CREDITQ liable for any use made by the Selected Credit report which is contrary to the end use policy or otherwise.
4. To the extent that this Website contains links to third party websites (including the Selected Credit reports) for my/our convenience or otherwise, CREDITQ does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) 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 CREDITQ.
5. 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 CREDITQ, 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.

6) TERM & CONDITION FOR LOYALTY PROGRAM:

CREDITQ has below mention loyalty program:

1. 1. User Referral Program
2. 2. Partner Program
   • Channel Partner
   • Professional
3. 3. Withdrawal of Loyalty Program

User Referral Program

i) Eligibility: To become eligible for CREDITQ’s referral program (“REFFERAL CODE CASHBACK”), you must be a registered User of the CREDITQ Platform. A “Registered User”, “You”, “Your” for the purpose of this clause means a user who has registered on CREDITQ Platform by using his/her email and GSTIN.ii)

ii) Referral Cash back:

A user will earn referral cash back as decided by CREDITQ from time to time, on the amount paid by a subscriber to CREDITQ as membership fee by using “you” or “your” referral Code.

Partner Program

Channel Partner (CP)

1. Eligibility: To become eligible for CREDITQ’s Channel Partner you must be registered as CP on CREDITQ Platform. A “Channel Partner” or “You” or “Your” for the purpose of this clause means a partner who has registered to CREDITQ Platform by creating an account on the CREDITQ using his/her email and GSTIN as Channel Partner and approved by CREDITQ.
2. Referral Income program: CP will earn specified Income, as decided by CREDITQ from time to time, on the amount paid by a subscriber to CREDITQ by using the referral code of “your registered professional”. “Your registered professional” means professional (CA/CS/ICWA/Lawyers or any professional specified by CREDITQ) associated with CREDITQ by using CP referral code.

Professional

1. Eligibility:Any professional being CA/CS/ICWA/Lawyers, or any professional specified by CREDITQ can associate itself as professional partner with CREDITQ. A “Professional”, “You”, “Your” for the purpose of this clause means a partner who has registered to CREDITQ Platform by creating an account using his/her email and GSTIN.
2. Referral Income program:Professional will earn specified income, as decided by CREDITQ from time to time, on the amount paid by a subscriber (for membership & CIR fee) to CREDITQ and on successful addition of defaulter on CREDITQ Platform using the professional referral code.

Withdrawal of Loyalty Program

CREDITQ reserves the right to withdraw any referral program at any time and/or modify the terms and conditions for any referral code cash back as specified in section (I) and referral code income program for CP and professional as specified in section (II) sub section (A & B) without any prior intimation to you.  In case CREDITQ 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.

7) INTEGRATE ACCOUNTING SOFTWARE WITH CREDITQ FOR CREDIT MANAGEMENT SERVICES

“Supplier” is the party/partnership firm/company/organization or any other institution that has the GST number, supplies the goods or services.

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

8) UPLOAD DOCUMENTS/INVOICES FOR CREDIT MANAGEMENT SERVICES

“Supplier” is the party/partnership firm/company/organization or any other institution who has the GST number, supplies the goods or services.

“Buyer” is the party/partnership firm/company/organization or any other institution who has the GST number, receives the goods or services.

When a supplier/buyer uploads the documents as required by CREDITQ 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 totally responsibility is for the supplier or buyer or member.

9)    UPLOAD DOCUMENTS & ADDITION OF A PARTY AS A DEFAULTER:

“Defaulter” is a party proprietorship/partnership firm/company/organization or any other institution who has the GST/PAN number, fails to pay the money intentionally or unintentionally to the suppliers.

“Supplier” is the party/partnership firm/company/organization or any other institution who has the GST number, supplies the goods or services.

When a supplier uploads the documents as required by CREDITQ 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 to upload the documents. If any mistake has occurred in the process of uploading, it could be technical or non-technical, the totally responsibility is for the supplier or member.

Supplier or the member registered on CREDITQ also agrees that CREDITQ can fetch the defaulter party proprietorship/partnership firm/company/organization director’s PAN number through CIN number which is added by him/her on the CREDITQ portal at the time of reporting defaulter. This impacts on the credibility of directors also.

After reporting the defaulters on CreditQ platform, if the supplier addons the additional numbers in the defaulter’s details, the responsibility of the number to be added is correct or not, will be supplier party.

10) DECLARATION FOR THE DEFAULTER:

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

11)  SENDING MAIL, SMS, Whatsup, IVR Calls TO BUYERS AS REMINDERS

I/We authorize CREDITQ to send emails, SMS, Whatsup, IVR calls for taking the 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 with 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 customer ends the Plugin his accounting software with CREDITQ but the process of sending mail, sms, ivr calls, whatsup to the buyer party remain same as before until the accounting software will not be Plugin again and the updated information will not have been update in CreditQ. If any disputes arise by sending reminders with buyer party, supplier party will responsible for that.

12) SENDING MAIL, SMS, Whatsup, IVR Calls & NOTICES TO DEFAULTER PARTY

I/We authorize CREDITQ to send emails, SMS, Whatsup, IVR calls and notices notices Legal Notice, E- Notice (multiple times) to the defaulter party reported by them on their behalf. CREDITQ takes the defaulter documents submitted by the customer 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 consent to CREDITQ sending legal notices, e-notices, SMS messages, emails, WhatsApp messages, and IVR calls to the directors, promoters, proprietors, owners, or representatives of the Firm/Company/Proprietors, etc one or more times or as required. The whole responsibility of any grievance, legal matters regarding follow-up, or notices will be bear by me, I will not make responsible CREDITQ in any legal matters.

13) COLLECTION/SETTLEMENT SERVICES  BY CREDITQ AS MSMECreditQ

Services:

CreditQ shall also provide Collection/settlement services through MSMECreditQas and when requested by You, electronically through the CREDITQ platform or otherwise. This is an optional service if the customer shows his/her interest and sign the agreement to take the settlement services, we provide it.

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

Legal Advisory

I/We consent to receive legal advisory services from CREDITQ concerning both defaulters listed on the CREDITQ portal 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 CREDITQ and acknowledge that CREDITQ is not liable for any consequences arising from this advice. All responsibility is mine/ours, and CREDITQ will not be held accountable in any way.

Charges:

1. Subject to any special terms agreed in by the parties in writing, CreditQ shall charge as per percentage of any amount successfully settled based on the grid mentioned in the agreement. (the grid is not inclusive of applicable taxes); CreditQ reserves the rights to change the grid any time and the new will be applicable from the date.
2. The charges for the aforementioned /Collection/settlement services shall be as set out here and may be revised by CreditQ 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 CreditQ.

• Collected amount will pay after deducting the service charge of CreditQ to the customer.

1. 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 service charge directly to the CreditQ company account as per the defaulted reported amount to show the settlement on CreditQ Platform.
2. 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 take money directly from the defaulter buyer party then you are liable to pay the service charges 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 CreditQ.
3. Representation and Warranties Specific to Collection/settlement services:

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

1. Upon the request of collection/settlement services made to us, you will provide to us with the required information for enable us to provide the Collection/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.
2. You represent and warrant that the request being raised pertains to a genuine, valid, and lawful transaction and such Collection/settlement services can be carried out between you and the Defaulter Buyer Party.
3. The Collection/settlement services being requested does not pertain to any payment collection 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.
4. The information provided by you is correct;
5. You agree that CreditQ shall reserve the right to decide whether any transaction is possibly unlawful based on CreditQ’s sole discretion and we can refuse to provide the Collection/settlement services to you. You acknowledge and agree that CreditQ’s decision in this regard is final and binding;
6. You shall not act in an unlawful manner;
7. You hereby agree to sign, execute, and/or provide any document that is required pertaining to the Collection/settlement services;
8. 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.
9. You agree that we can take follow-up with you calls regarding the Collection/settlement charges and you agree that you shall not file any complaint or make a claim against CreditQ in this regard;
10. You agree that we shall have the right to visit your premises in order to carry out the Collection/settlement serviceAny other consents that may be required from time to time.

CONSENT OF DEFAULTER BUYER PARTYS

In order to avail of the Services, you hereby represent that you are authorized to the following and therefore, you authorize CreditQ accordingly:

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

Disclaimers Regarding the Collection/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. b. We will only provide the Collection/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 Collection/settlement services based on your instruction. c. We shall not be responsible for any loss, injury or any other liability arising out of the Collection/settlement services to you.

Indemnity

Each User agrees to indemnify CreditQ, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (a) your submission, posting or display of any content on the Platform; (b) from your use of the Platform or services; (c) from your breach of the Terms, and/or (d) arising out of your violation of any law or the rights of a third party.

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

Payments Using the Platform

CreditQ, 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, collection, obtaining User account balance and statement, refund and remittance and to facilitate payment between you, CreditQ, its 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, CreditQ 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:

1. Lack of authorization for any transaction/s, or 2. Any payment issues arising out of the transaction, or 3. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by you; 4. 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 CreditQ 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 CreditQ 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.

14) REMOVAL OF DEFAULTER

The CreditQ 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;

1. If the Customer does not pay the service charge.
2. Orders received by the Government, any Court, or tribunal to remove the defaulter buyer party name.
3. The defaulter Buyer party submits the proof of documents (not be a defaulter).
4. If any government body or NCLT has passed the order in favour of defaulter party

15) RAISING A GREIVANCE AGAINST ANY INFORMATION

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

16) DELIVERY OF REPORT/S AND OTHER SERVICES

1. 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. CREDITQ shall not be responsible for any lost mail, or any damage caused by during dispatch of such Report.
2. I/We understand and agree that in case I/we provide email address for delivery of the Report/s and/or Products and Services for delivery through email, CREDITQ shall not be responsible for the correctness of the email ID and delivery of the Report/s and/or Products and Services made by CREDITQ to such email address (with encryption) shall be complete dispatch of the Report/s and/or Products and Services.
3. The Report/s shall be dispatched only once, and in the event I/we am/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 that such reports I/we understand that a new application shall be required to be made by me/us.
4. A maximum of 5 (five) working days from the date of submission of the request for the credit information report receipt by CREDITQ along with appropriate and satisfactory documents as required by CREDITQ and the realization by CREDITQ of the full amounts payable by me/us (whichever is later) shall be required to process a Request Form by CREDITQ.

17) REFUNDS

Amount once paid through the payment gateway shall not be refunded other than in the following circumstances:

1. 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 CREDITQ for any reasons whatsoever or CREDITQ is unable to provide the same, I/we agree to pay to CREDITQ for registration fees, processing charges, credit information charges shall not refund to me/us such amounts as may be decided by CREDITQ in its sole discretion from time to time.
2. Only for the following reasons and any other reasons decided by CREDITQ at its sole discretion, CREDITQ shall refund the payments made by me/us after deducting the relevant processing charges as may be required by CREDITQ, in its sole discretion, from time to time:
3. 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.
4. Due to any technical snags between my/our computer and/or CREDITQ and/or the issuing bank wherein my/our transaction could not be completed, whereby I/we was/were charged twice for a single transaction (duplicate processing).
5. If you report the defaulter and complete the consent within 30 days of purchasing the subscription plan, you will receive a refund according to the terms of the plan. However, CREDITQ reserves the right to modify or cancel the refund policy or establish specific eligibility criteria at its sole discretion.
6. 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.
7. No refund will be entertained in case the service gets canceled any infringement of the terms stated in our Terms & Conditions section.
8. 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.
9. The refund will adjust with the first settlement service charges paid by you to CreditQ. For exp; If the settlement service 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.

However, CREDITQ 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 CREDITQ.

Cancellation Policy

For Cancellations, please contact us via the contact us link. As Consent agreement requests received later than 03 business days prior to the end of the current service period will be treated as cancellation of services for the next service period.

That I/We agree to pay the cancellation processing charge as CREDITQ will be incurring cost and manhours, technology resources, and technical and professional expertise of professionals and technical resources throughout the process, So, CREDITQ reserve the right to charge a cancellation fee for every refund request as CREDITQ are required to incur time and cost from the stage of customer inquiry through the service delivery process.

18) DISCLAIMER AND LIMITATION OF LIABILITY

1. I/We acknowledge, understand and agree that by providing the Report/s and the Products and Services (whether through this Website/s (creditq.in) or otherwise), CREDITQ is acting as a facilitator. CREDITQ, 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.
2. In no event shall CREDITQ be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages.
3. I/We acknowledge, understand and agree that, without limiting the above clause 2, CREDITQ 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: (a) the use or the inability to use the Report/s and/or the Products and Services or this Website; (b) the cost of procurement of substitute services; (c) unauthorized access to or alteration of transmissions or data; (d) 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, (e) any errors in or omissions from this Website/s, including but not limited to technical inaccuracies and typographical errors, (f) 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, (g) the unavailability of this Website/s or any portion thereof, or (h) my use of any equipment or software in connection with this Website/s.
4. I/We agree that I/we shall not hold CREDITQ 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 CREDITQ’s 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.
5. 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, CREDITQ shall have no responsibility for any damage or loss to me/us due to such provision of information by me/us.
6. Apart from above, the respective Report/s and/or Products and Services shall have their disclaimers. I agree, acknowledge and accept the same.
7. CREDITQ does not declare any person as “Defaulter” on its own basis. Defaulter is added by its member and CREDITQ displays “as is” basis.

II)  OTHER

1)    Severability

In the event that 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 CREDITQ from any relevant competent authority, CREDITQ 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 CREDITQ thinks fit and the remaining provisions of these Terms shall remain in full force and effect unless CREDITQ decides in its sole discretion to stop the provision of the Report/s and/or Products and Services either wholly or in part.

2)    Variation in privacy policy

In furtherance of these Terms and subject to applicable laws, I/we understand that CREDITQ reserves the right to issue further directions which shall be applicable to me/us from, time to time. Other than as otherwise provided by these Terms, all alterations to these Terms shall be made by CREDITQ with an intimation on its Website and the term shall become applicable imminently upon such intimation on website, and CREDITQ 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 CREDITQ in this regard regardless of the mode through which I/we have approached CREDITQ.

3)Indemnification

I/We agree to defend, indemnify, and hold harmless CREDITQ, 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 CREDITQ and/or resulting from: (i) breach by me/us of any these Terms; (ii) claims made against CREDITQ 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.

4)Transfer of right

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.

5) 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 out of or in relation to these Terms, the claim, dispute or difference shall be referred to arbitration to be conducted by a sole arbitrator to be appointed by CREDITQ who shall be the presiding arbitrator and the decisions and award of the arbitral tribunal shall be final and binding. The arbitration proceedings shall be held in Jaipur and shall be conducted in the English language and be governed by the provisions of Arbitration and Conciliation Act, 1996 and any modification or re-enactment thereof in force at the relevant time. All costs of such arbitration shall be borne by the Consumer.

Subject to what is stated above, any matters which may require the intervention or any determination by a Court, including any appointment of any arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996, whether prior to, or during or after the aforesaid arbitration, shall be subject to the exclusive jurisdiction of the Courts in Jaipur.

6) Miscellaneous

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

7) Force Majeure

CREDITQ 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