Terms Of Use
This document (Hereinafter referred to as “Terms of Use”) is an electronic record in terms of
existing and applicable Information Technology laws and the amended provisions thereto
pertaining to electronic records in various allied statutes as amended pursuant to the
Information Technology laws. This electronic record has been generated by a computer system
and does not require any authentication.
1. PRELIMINARY INFORMATION:
The use of the websites, www.askcred.ai and/or askcred.com (hereinafter referred to as “Site”
or “Website”) is subject to the terms of a legal agreement between the user of the Website and
Graded Financial Services and Insurance Marketing Pvt Ltd. (Hereinafter referred to as the
“Company”). The Company is incorporated under the provisions of the Companies Act, 2013,
having its registered office at 4/410 Floor, J C Wing, Veer Savarkar Marg Building No. 2,
Kailas Business Park Vikhroli (WEST) Mumbai City MH 400079.
The following terms and conditions will be deemed to have been accepted by you (“User”) on
mere visitation and / or usage of the services of this Website. You are requested to read them
carefully before you visit / use the services of this Site.
- The term “User”, “Client” or “You” (or any variant of the said pronoun) shall refer to
the user who is browsing or using the services of this Site. - The term “Company” shall refer to the concerned company “Graded Financial Services
Private Limited” and/or its affiliates/subsidiary companies. - The term “Site” or “Website” refers to www.askcred.ai and/or www.askcred.com, as the
case may be and other websites, if any, owned and monitored by the Company and
includes the software, Materials, text, images, graphics, video and audio and applications
on such Site - The terms “Content”, “Technology” and “Material” shall have the same meaning, as
defined under Clause 3 of the Terms of Use. - The term “Personal Information” and “Information” provided by the User shall
include any personal information or data, sensitive personal data, or any other information so provided by the User to the Company, in accordance with the Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data)
Rules, 2011 and the allied rules and regulations. - The Website provides the facility to the Users to use the applications for ascertaining his
credit health score based on the inputs provided by him/her. The Website also provides
the User with the facility of using the Chatbot application, a conversational program with
artificial intelligence which conducts a one-to-one dialogue via auditory or textual
methods with the User. These applications shall constitute to be “Materials” as defined
under Clause 3 of the Terms of Use. - By using the Site, you agree to follow and be bound by the terms and conditions
concerning your use of the Site. The Company may revise the Terms of Use at any time
without notice to you. Areas of this Site may have different terms of use posted. If there
is a conflict between the Terms of Use and terms of use posted for a specific area of the
Site, the latter shall have precedence with respect to your use of that area of the Site. - The Company reserves its right to terminate/suspend a User’s access at any time if the
activities with respect to the same are found to be in non-compliance of the Terms of Use
(or terms of use of a specific area of this Site) , privacy policy or the applicable laws. The
provisions regarding a disclaimer of warranty, accuracy of information and
indemnification shall survive such termination. The Company may monitor the User’s
access to the Site, in accordance with the applicable laws and the Company’s Privacy
Policy and T&C’s of the Website - All Materials present on this site are the exclusive property of the Company. The
software, Materials, text, images, graphics, video and audio used on this Site belongs to
the Company. No Material from this Site may be copied, modified, reproduced,
republished, uploaded, transmitted, adopted, posted or distributed in any form
whatsoever without prior written permission from the Company. All rights not expressly
granted herein are reserved. Unauthorized use of the Materials appearing on this site may
violate copyright, trademark and other applicable laws, and may result in appropriate
criminal and/or civil actions. - The Company does not make any warranties, express or implied, including without
limitation, those of merchantability and fitness for a particular purpose, with respect to any information, data, statements, Material or services / products made available on the
Site. - This Site, and all, inter alia Materials, information, software, products and services
provided on this Site, are provided on an “as is” and “as available” basis. The Company
expressly disclaims all warranties of any kind, whether express or implied, including, but
not limited to, the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. - The Company shall have no responsibility for any damage to a User’s computer system
or loss of data that result from the visitation of, or usage or download of any Content,
Materials or information from the Site. - In no event will the Company be liable for damages of any kind, including without
limitation, direct, incidental or consequential damages (including, but not limited to,
damages for lost profits, business interruption and loss of programs or information)
arising out of the use of or inability to use the Site, or any information provided on the
Website, or for any claim attributable to errors, omissions or other inaccuracies in the
products or services or interpretations thereof. - The Client hereby agrees and undertakes to indemnify and keep indemnified the
Company and its affiliates, officers, directors, employees, agents and advisors and any
other person appointed by the Company (“Indemnified Party”) against any and all
actual losses, expenses, liabilities, obligations, damages, actions, proceedings, claims,
demands and judgements (including but not limited to legal and other fees on a full
indemnity basis) asserted against or incurred by the Indemnified Party, in connection
with or related thereto the use of the Material and services provided on the Website. The
Information contained in this Site has been obtained from sources believed, to the best
of the Company’s knowledge, to be reliable. The Company disclaims all warranties as to
the accuracy, completeness or adequacy of such information. The Company makes no warranty that:
a. The Site will meet your requirements;
b. The Site will be available on an uninterrupted, timely, secure, or error-free basis;c. The results that may be obtained from the use of the Site or any services offered
through the Site will be accurate or reliable.The User consents to the sharing of his information with third parties at the Company’s
discretion, to the extent necessary or recommended for a proper and effective provision
of services to the customer by the Company. The Company reserves the right to use the
information to provide the User a more personalized online experience.You agree and authorize the Company to share your information with its group
companies and other third parties, in so far as required for the lawful purposes connected
with the functioning of the Company or activity of the Company or any person on its
behalf and considered necessary, thereof, for such purposes, including to provide you
with various value added services, in association with the services selected by you or
otherwise.You agree to receive communications through emails, telephone and/or SMS, from the
Company or its third-party vendors/business partners/ marketing affiliates regarding the
Services/ancillary services updates, information/promotional emails and/or product
announcements, at the email ID and mobile number provided by you to the Company.By using the Website, engaging the Company’s services, or requesting that the Company
contact you about its services, you signify your agreement to these Terms of Use and
agree to receive communications through emails, telephone and/or SMS from the
Company or its third party affiliates, on the email IDs and contact numbers / details
provided by you to the Company for this purpose.The Users may review the information provided by him / her to the Company, to ensure
that any such information if found to be inaccurate or deficient may be corrected or
amended, as feasible.The User may, after providing a 30 (thirty) days’ notice in advance to the Company, in
writing, choose to withdraw his consent to provide the information and discontinue the
services provided by the Company. However, under no circumstances whatsoever shall
the Company be liable for the refund or return of any fees / dues / charges, whatsoever,
paid by the User to the Company.The Company shall not be responsible in any manner for the authenticity or accuracy
of the information supplied by the provider of information to the Company or such other
person acting on behalf of the Company. However, the Company shall take requisite
steps as it may deem necessary and reasonable for ensuring and verifying the accuracy
and completeness of such Client Information before using the same in relation to the
Client.The User consents that the Company may transfer information to any other body
corporate or a person in India, or located in any other country, that ensures the same level
of data protection that is adhered to by the body corporate, in accordance with the
Information Technology Act, 2000 and its Rules and Regulations. The Company will
retain and use your information as necessary or recommended to comply with its legal
obligations, resolve disputes and enforce the agreements entered into for providing
services.
2. FEEDBACK
Unless expressly provided otherwise by the Company, all comments, feedback, information or
Materials submitted to the Company through or in association with this Site shall be considered
to be the concerned Company’s property. By submitting such comments, feedback, information
or Materials to the Company, the visitor of the Site agrees to a no-charge assignment to the
concerned Company of all worldwide rights, title and interest in copyrights and other
intellectual property rights to the comments, feedback, information or Materials. The Company
shall be free to use, copy, publish or distribute such comments, feedback, information or
Materials on an unrestricted basis without any accountability or responsibility for the same to
the visitor / User of the Site.
3. OWNERSHIP
The Website contains, inter alia, information, applications, content or advertisements, texts,
photographs, designs, graphics, images, sound and video recordings, animation and other
Materials and effects (Hereinafter collectively, referred to as the “Content”) that are protected
by applicable intellectual and proprietary rights owned by the Company, its affiliated
companies, holding companies and subsidiary companies or other third parties. All trademarks
and copyrighted information contained on the Website are the property of their respective
owners. Further, the Company retains all rights (including intellectual property rights), title and
interest in the Website, technology, and all underlying technology and data including, inter
alia, any enhancements, software, applications and improvements related to the Website (the
“Technology”) (the terms “Content” and “Technology” collectively will be referred to as the
“Materials”). You may not remove from any electronic or printed copy any copyright,
trademark, or other proprietary notice without the express written permission of the Company.
4. PERMISSION TO USE INFORMATION/ MATERIALS ON THIS WEBSITE
- Permission is hereby granted to electronically copy and to print in hard copy, limited portions
of the Materials published by the Company in this Site for the sole purpose of using
Material/information contained therein for personal information and non-commercial use only.
Except in connection with personal information and non-commercial use, none of the Contents
may be copied, reproduced, distributed, republished, downloaded, displayed, posted
electronically or mechanically, transmitted, adopted, recorded, in any manner mirrored,
photocopied, or reproduced without the prior written permission of the Company. Any other
use of Materials/ information on the Website, including any commercial use, reproduction for
purposes other than that noted above, modification, distribution, or republication without the
prior written permission of the Company is strictly prohibited and may violate copyright or
trademark laws.
You shall not, either directly or indirectly: - Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by
proxy the Website or Materials without the express written permission of the Company; - Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or
by agents or representatives or e-mail spammers; - Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan,
sell, sublicense or transfer the underlying source code or structure or sequence of the
Technology or delete or alter author attributes or copyright notices; - Use any network monitoring or discovery software to determine Website architecture,
or extract information about usage or users; - Reformat or frame any portion of the Website or Materials;
- Use any device, software or routine that interferes with the proper working of the
Website, or otherwise attempt to interfere with the proper working of the Website; - Take any action that imposes, or may impose in its sole discretion an unreasonable or
disproportionately large load on its infrastructure; - Attempt to gain unauthorized access to other computer systems;
Violate the Website Terms, applicable law or the rights of others; or disrupt or interfere
with the security of, or otherwise cause harm to, the Website. ALL CONTENTS ON THIS SITE ARE APPLICABLE PROPRIETARY AND
INTELLECTUAL RIGHTS OF THE COMPANY, ITS AFFILIATED COMPANIES,
HOLDING COMPANIES AND SUBSIDIARY COMPANIES AND OTHER THIRD
PARTIES. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE
INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY
ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY.
VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH,
TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON
THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
5. REPRESENTATIONS
You agree and understand that you are solely responsible for maintaining the confidentiality of
your password which, together with your Login ID (as may be applicable in accordance with
the service selected), allows you to access the service. The login ID and password, together
with any mobile number or other contact information you provide, form your registration
information (“Registration Information”). You agree that you are solely responsible for
maintaining the confidentiality of your Login ID and password, and for restricting / monitoring
access to your computer. You agree to accept responsibility for all activities that occur through
your account or password. The Company strongly recommends that you exit/ logout from your
account at the end of each session. You agree to notify the Company immediately of any
unauthorized use of your account or any other breach of security. You further agree that the
Company shall not be liable for any unauthorized use or access unless it is proved that the
unauthorized use or access occurred solely due to reasons directly and substantially attributable
to the Company.
You shall provide true, accurate, current and complete information about yourself and
undertake to inform/update the Company of any change in your Registration Information
promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the
provision of services by or through the Company. You agree not to misrepresent your identity
nor will you attempt any unlawful access to the Website or use of the services of the Company.
Additional terms and conditions will apply to your purchase of services that you select. Please
read these terms and conditions carefully.
6. ELIGIBILITY
In consideration of your use of the Website and registering with us, you represent that you are
of legal age to form a binding contract and are not a person barred from receiving services
under the laws of India or other applicable jurisdiction and will only use the Website to make
legitimate purchases or availing of services offered by the Company for you or for another
person for whom you are legally authorized to act (and will inform such other persons about
the TOU and/or Privacy Policy of the Company) that apply to the purchase you have made on
their behalf (including all rules and restrictions applicable thereto).
7. AUTOMATED ACTIVITY
The Website may use robot exclusion methods, which include robots.txt files and HTML meta
tags, which expressly allow and/or exclude specified automated programs from accessing
certain portions of the Website. Much of the information on the Website is updated on a real
time basis and is proprietary or is licensed to the Company by our users or third parties. You
agree that you will not use any robot, spider, scraper or other automated means to access the
Website for any purpose, including but not limited to performing “offline” searches and
mirroring, without our express written permission as indicated in the then current robots.txt file
or HTML meta tags on the Website. Additionally, you agree that you will not bypass the
Company’s robot exclusion methods or other measures that the Company may use to prevent
or restrict access to the Website.
8. THIRD PARTY LINKS/OFFERS
This Website may provide links to other websites or resources. Since the Company has no
control over such third party websites and resources, you acknowledge and agree that Company
is not responsible for the availability of such external sites or resources, does not endorse, and
is not responsible or liable for any content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and agree that Company shall
not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content, goods or services
available on or through any such site or resource. Your interaction with any third party link or
website accessed through the Website is entirely at your own risk, and Company will have no
liability with respect to the acts, omissions, errors, representations, warranties, breaches or
negligence of any such third parties or for any personal injuries, death, property damage, or
other damages or expenses resulting from your interactions with the third parties.
9. REASONABLE SECURITY PRACTICES AND PROCEDURES
The Company is fully compliant with the reasonable security practices and procedures, having
a comprehensive documented information security programme and information security
policies that contain managerial, technical, operational and physical security control measures
that are commensurate with the information assets being protected with the nature of business,
in accordance with the Information Technology Act, 2000 and its allied Rules and Regulations.
10. GOVERNING LAW AND JURISDICTION:
This Agreement, the construction and enforcement of its terms, and the interpretation of the
rights and duties of the parties hereto shall be governed by the existing laws of India.
In accordance with Information Technology Act 2000 and rules made there under, the name
and contact details of the Grievance Officer are provided below:
Name: Aarti Khanna
Email id: aarti@gradedfinancialservices.com
If the matter is not resolved at the first instance by the concerned Grievance officer and the
Parties fail to reach an amicable settlement, any and all disputes or differences arising out of
or in connection with this Terms of use or its performance thereof, shall be referred to
arbitration at the request of a Party upon written notice to that effect to the other Party and such
arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996,
In the event of failure to appoint a sole arbitrator, each Party shall appoint an arbitrator of their
choice, who shall then jointly appoint a third arbitrator who will act as the Presiding Arbitrator
(Umpire).
The Award of the Arbitrator shall be final and binding upon the Parties. The Seat of Arbitration
shall be Mumbai only. The language of the arbitration proceedings shall be English
Nothing in this clause or in the Arbitration and Conciliation Act, 1996, shall, in any way, affect
the right of either Party to seek such interim relief, and only such interim relief, as may be
needed to maintain the status quo in aid of the arbitration in a court of competent jurisdiction
in Mumbai.
11. WARRANTY, LIABILITY, INDEMNIFICATION
THE DOCUMENTS AND GRAPHICS ON THIS WEBSITE COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY
MAKE IMPROVEMENTS AND/OR CHANGES HEREIN AT ANY TIME. THE
COMPANY MAKE NO REPRESENTATIONS ABOUT THE ACCURACY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND GRAPHICS ON THIS WEB
SITE FOR ANY PURPOSE. ALL DOCUMENTS AND GRAPHICS ARE PROVIDED “AS
IS” AND “AS AVAILABLE”. THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT, THE COMPANY AND/OR THEIR LICENSORS/
SUPPLIERS SHALL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES,
THE INFORMATION, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR
OTHERWISE, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR
ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT
TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON
WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY
DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR
INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE,
WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS
FAILURE, THEFT OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE FOR
ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF
THE INTERNET.
THE COMPANY DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL
BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR THEIR HARMFUL
COMPONENTS. THE COMPANY’S ENTIRE LIABILITY AND YOUR SOLE AND
EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED
BY THE COMPANY SHALL BE CANCELLATION OF YOUR ACCOUNT.
12. INDEMNITY
You agree to indemnify, defend, and hold harmless the Company, its officers, directors,
employees, agents, representatives, vendors and distributors from and against any and all
claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’
fees) that the Company may incur as a result of or arising from your (or anyone using your
account’s) violation or breach of any representation or obligation under the Website .
The Company reserves the right to assume the exclusive defence and control of any matter
otherwise subject to indemnification by you and, in such case, you agree to cooperate with the
Company’s defence of such claim.
13. ELECTRONIC NOTICES AND TRANSACTIONS
You agree to transact with the Company electronically. This means you agree to accept any
terms and conditions and to transact any business with the Company by electronic means,
which includes receiving all documents in HTML or PDF format and communicating over the
Internet. You also certify that you are at least 18 years of age and have lawful and authorised
access to the Internet to inter alia, receive the Company’s services, to request that the Company
contact you about its services, to participate in the Company’s text message program, and to
view, print and retain all documentation. You authorize the Company to send you important
notices about the Website and any pending transactions to an email address you provide to us,
if you are a member of the Company or have requested that the Company contact you about
our services. It is your duty to keep your email address up to date and to maintain a valid email
address and to ensure that emails the Company sends you are not filtered or stopped by spam
filters or other types of email blocking functionalities. If you no longer desire to transact
electronically with the Company, you may no longer use the Website or Company’s services.
You can retrieve and review the Website Terms at any time by visiting https://www.askcred.ai
and www.askcred.com, as the case may be.
14. ACCESS
You are responsible for obtaining at your own expense all equipment and services required for
your lawful and authorised access and use the Website, including all devices, Internet browsers
and Internet access. If you access the Website or a Website application through a mobile or
wireless device, you are responsible for all fees that your carrier may charge you for data, text
messaging and other wireless access or communications services.
15. AMENDMENT IN TERMS OF USE:
Please note that these Terms of use may change from time to time. The Company will not
reduce your rights under this Policy without your explicit consent. Regardless, the Company
will post any Policy changes on this page and, if the changes are significant, the Company will
provide a more prominent notice. Each version of this Policy will be identified at the top of the
page by its effective date. All Contents and Material are intellectual and proprietary rights of
the Company its affiliated companies, holding companies and subsidiary companies and other
third parties… All rights reserved without prior written approval from the Company, and no
portion of the Terms of use may be copied/ reproduced or adopted in any form, or by any
means.
16. MISCELLANEOUS
The Company reserves the right to investigate complaints or reported violations of the Website
Terms and to take any action the Company deems appropriate including but not limited to
reporting any suspected unlawful activity to law enforcement officials, regulators, or other third
parties and disclosing any information necessary or appropriate to such persons or entities
relating to user profiles, e- mail addresses, usage history, posted Materials, IP addresses and
traffic information. The Company reserves the right to seek all remedies available at law and
in equity for violations of the Website Terms, including but not limited to the right to block
access from a particular internet address to any of the Company’s website(s). These incorporate
by reference any notices contained on the Website and constitute the entire agreement with
respect to access to and use of the Website, including but not limited to your request that the
Company may contact you about its services, and/or your participation in website’s programs
and/or services. You agree that the provisions and covenants set forth herein are reasonable. In
the event that any provision or covenant of the Website Terms shall be held invalid, illegal or
unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but
not limited to the scope thereof, then such provision will be severed and replaced with a new
provision that most closely reflects the original intention thereof, and the remaining provisions
of the Website Terms will remain in full force and effect for the greatest time period and for
the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and
request that if any court or arbitrator of competent jurisdiction considers any provision or
covenant of the Website Terms to be overly broad based on the circumstances at the time
enforcement is requested, that such court or arbitrator construe and enforce the provision or
covenant to the fullest extent that such court or arbitrator deems reasonable.
The Company shall not be deemed to have waived any rights or remedies in the Website Terms
unless such waiver is in writing and signed by the Company. No delay or omission on the part
of the Company in exercising any rights or remedies shall operate as a waiver of such rights or
remedies or any other rights or remedies. A waiver on any one occasion shall not be construed
as a waiver of any rights or remedies on future occasions.
The Website Terms constitute the entire agreement and understanding between you and the
Company, except as the Company may later modify the Website Terms. The Website Terms
supersedes any and all prior agreements and understandings, oral or written, relating to the
subject matter contained herein.
PLEASE DO NOT USE THE INFORMATION ON THE COMPANY’S WEBSITE TO DISTRIBUTE
UNSOLICITED BULK E-MAILS, SOLICITATIONS OR INQUIRIES. THE FOREGOING ACTS WILL
CONSTITUTE A VIOLATION OF THE WEBSITE TERMS.