TERMS OF USE - Infocom Fintech Private Limited
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage ofwww.tradeudhaar.comwebsite.
The domain namewww.tradeudhaar.com(hereinafter referred to as "Website") is owned by Infocom Fintech Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at A-86, Phase- II, Okhla Industrial Area Phase 1, Delhi - 110020, India (hereinafter referred to as"Company").
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies, if any which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with Infocom Fintech Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Company. For these Terms of Use, wherever the context so requires "You" or "User" or "Customer" shall mean any natural or legal person who has agreed to become a borrower/ User on the Website by providing registration data while registering on or logging on the Website as registered User/guest User using the computer systems. Company allows the User to surf the Website or making purchases by registering on the Website. The term “We”, “Us”, “Our”, “Company” shall mean Infocom Fintech Private Limited.
When you use any of the services provided by us through the Website, including but not limited to, (e.g., Product Reviews, Response), you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. If you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Company Policies (including but not limited to Privacy Policy available at Website) as amended from time to time.
1. Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc., are not eligible to use the Website. If you are a minor i.e., under the age of 18 years, you shall not register as a User of the Company Website and shall not transact on or use the Website. As a minor, if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years.
2. Your account and Registration obligations
In order to access the Services on the Platform, You will have to register on the website by providing details as may be required by the Company and provided for in the Privacy Policy including Your phone number and create and verify an account (“Account”).
If you use the Website (www.tradeudhaar.com), you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website and the services.
Your mobile or phone number and/or e-mail address are treated as your primary identifier on the Website. It is your responsibility to ensure that your mobile or phone number and your email address is always up to date on the Website. You agree to notify us promptly if your mobile or phone number or e-mail address changes by updating the same on the Website through a one-time password verification.
You agree that company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where you have failed to update your revised mobile or phone number and/or e-mail address on the Website.
3. Services Offered
Company provides loan facility etc. through the Website by providing te platform where the borrower can meet the lender through the platform. This loan facility enables Users to buy subscription plans to showcase their products / services via digital platform ("Service / Plan") being promoter by its affiliated parent company namely, Infocom Fintech Private Limited and also to avail the various other loan offered by the Lenders integrated onto the platform of Tradeudhaar.com viz. Personal loan, business loan etc. The Plan can be purchased through the Website of Infocom Fintech Private Limited through various methods of payments offered. The sale/purchase of services shall be additionally governed by specific policies of sale, like return & cancellation policy, shipping & return policy, etc of parent company. In addition, Company may provide / avail third party services including but not limited to credit check services, and any other services to retrieve and use your information through third party sites (eg. bank sites; transunion etc.) in conjunction with your selection of the Services ("ancillary services"). The above said Services and ancillary services are provided on a commercially reasonably effort basis and you agree that your participation for availing the above mentioned services is purely at your will and consent.
User Customer Due Diligence
In the event, you the user wish to avail the credit facility to purchase the services offered on the website of the parent company, You agree and acknowledge that, our Company may undertake client/customer due diligence measurers and seek mandatory information required for KYC purpose which as a customer you are obliged to give, while facilitating your request of loan/credit card and other financial product requirements with the banks/financial institutions/NBFC, in accordance with applicable Prevention of Money Laundering Act (“PMLA”) and rules. Our Company may obtain sufficient information to establish, to its satisfaction or the banks/financial institutions/NBFC, the identity of each new customer/user, and to ascertain the purpose of the intended nature of relationship between you and the bank/financial institution. You agree and acknowledge that Our Company can undertake enhanced due diligence measures (including any documentation viz. financials/utility invoices/entity registration etc.), to satisfy itself relating to customer due diligence requirements in line with the requirements and obligations under the applicable PMLA Act and rules.
The submission of the Loan Application by the user on to the website to the Company constitutes any commitment from Company.
4. Communications on Website
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you agree to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
5. Charges
Membership on the Website is free for buyers / Borrowers. Company does not charge any fee for browsing on the Website except for few of the plan viz. lending facility to purchase the subscription plans. Company reserves the right to change its Fee Policy from time to time. Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately on and after being posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR). You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Company.
6. User Conduct and Rules on the Website
You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
a. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which you do not have any right to,
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever,
is misleading in any way,
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”,
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous,
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity,
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page),
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses,
contains video, photographs, or images of another person (with a minor or an adult),
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users,
interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services,
violates any law for the time being in force,
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation,
shall not be false, inaccurate or misleading,
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
b. A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
User doesn't reply to the payment verification mail sent by Company,
User fails to produce adequate documents during the payment details verification,
Misuse of another User's phone/email,
User uses invalid address, email and phone no,
Overuse of a voucher code,
Use of a special voucher not tagged to the email ID used,
User refuses to pay for an order,
Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Company;
c. You shall not use the Website for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the Company and interrupt or causes to interrupt, damages the use by other Users of Company.
d. You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Company by sharing multiple address and phone numbers or transacting with malafide intentions.
e. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
f. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
g. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
h. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
i. From time to time, You shall be responsible for providing information relating to the services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such services so as to mislead other Users in any manner.
j. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any services, including, but not limited to, services related to that being displayed on the Website or related to us.
k. The Content posted does not necessarily reflect company views. In no event shall company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
l. Company cancellation Policy offers you the option to cancel services purchased on company within the period. In case of cancellation of the purchased service, please refer to the "Cancellation Policy" available on www.tradeudhaar.com.
7. You agree and understand that the sanction of the credit facility is at the sole discretion of the Financial institution/ NBFC/company and also subject to your's successful completion of KYC Know your customer requirements and successful verification of other documents to the satisfaction of the Financial institution/ NBFC/ company.
8. Without limiting the generality of the above, You undertake and acknowledge that, for the purpose of assessing credit worthiness, the Company is authorized to retrieve from: (a) Credit Information Bureau (India) Limited (“CIBIL”) and/or any other agency authorized by regulator, the information of the applicant(s), directors, officers, partners, affiliates, and any other individuals who are involved in the said business, on behalf of which this loan application is made; (b) Central KYC Records Registry, 'Know Your Customer' data of the applicant(s), directors, officers, partners, affiliates, and any other individuals who are involved in the said business, on behalf of which the loan application is made, for the purpose of verification; (c) from the relevant tax authorities the Goods and Service tax returns/data, of the applicant(s), and its affiliates, on behalf of which this loan application is made. To the extent necessary, You appoint the Company as an agent and authorise the Company to receive the above-mentioned data from third parties on Your behalf.
9. You hereby affirm that the credit facility availed shall be utilised for the purchase of services from company only and for the said purchase NACH document will be signed so that company may collect the payment.
10. Contents Posted on Website
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "User Content"), is a third-party user generated Content and company has no control over such third-party user-generated content as company is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media, whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
You may use information on the services purposely made available on the Website for downloading, provided that You
do not remove any proprietary notice language in all copies of such documents,
use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
make no modifications to any such information, and
do not make any additional representations or warranties relating to such documents.
11. Disclaimer of Warranties and Liability
All the services, made available to You through company Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, company does not warrant that company Website will be constantly available, or available at all or that the information on Website is complete, true, accurate or non-misleading.
All the services sold / rendered on Website are governed by different state laws and if company is unable to deliver such services due to implications of different state laws, company will return or will give credit for the amount (if any) received in advance by company from the sale of such services that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, Your consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
12. Third Party Links
We are not responsible for the content of any off-website pages, or any other websites linked to or from the company Website. You're linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the company Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
13. User Content
When you transmit, upload, post, e-mail or otherwise make available User Content on the Website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 9 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary and/or intellectual property rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation, or promotional material, including chain letters, mass mailings, or any form of “spam”. You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the company Website and therefore, we do not guarantee the accuracy, integrity, or quality of User Content. You understand that by using this Website, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you because of the use of any User Content transmitted, uploaded, posted, e-mailed, or otherwise made available via the Website. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
14. Indemnity
You shall indemnify and hold harmless company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or violation of any law, rules or regulations or breach of the rights (including infringement of intellectual property rights) of a third party.
15. Disclaimer
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through company.
16. Applicable Law
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi.
17. Trademark, Copyright and Restriction
This Website is controlled and operated by Company and products are sold by INFOCOM FINTECH PRIVATE LTD / COMPANY. All Services / Products / Plans on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Products on Website are solely for the commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the Products, use of the Products on any other Website or networked computer environment or use of the Products for any purpose other than commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Services. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty-free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
18. Limitation of Liability
In no event shall company be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
the use or the inability to use the Services or website,
unauthorized access to or alteration of the user's transmissions or data,
any other matter relating to the services 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 or Service.
Company shall not be held responsible for non-availability of the company during periodic maintenance operations or any unplanned suspension of access to the company. The User understands and agrees that any material and/or data downloaded at company website is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, company's liability shall be limited to an amount equal to the Products purchased value bought by You.
Company shall not be liable for any dispute or disagreement between Users.
19. Disputes
20. With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Delhi, India.
21. Termination
Company may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Company chooses to terminate them:
If You or Company terminates your use of the Website or any Service, Company may delete any content or other materials relating to your use of the Service and Company will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Company for purposes of tax or regulatory compliance;
Company may unilaterally terminate Your account on any event as mentioned in the Terms of Use under the point no. 6. User Conduct and Rules on the Website. Any Company credits earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other Websites will be forfeited in such cases. Returns/Refund for such Users shall be at the sole discretion of Company; and
If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Company by sharing multiple address and phone numbers or transacting with malafide intentions then Company reserves the right to refuse access to the Website, terminate accounts including any linked accounts without notice to you.
22. Usage
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website and providing notice of such change. Any changes are effective immediately upon posting to the Website and release of notice of such change. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid.
Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Aditya Shankar
Designation: ……[*]……
INFOCOM FINTECH PRIVATE LTD,
Address: A-86, Phase- II, Okhla Industrial Area Phase 1, Delhi - 110020
Contact us: Adityashankar@tradeindia.com
Phone:
Time: Mon-Sat (9:00 - 18:00)
Customer Support: You can reach our customer support team to address any of your queries or complaints by clicking the link:www.tradeudhaar.com
