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Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading details or using the CredR website located at credr.com, and all associated sites linked to credr.com, or the CredR’s mobile applications or any other similar platforms (hereinafter collectively, referred to as the “CredR Platform” which is run by Incredible Technologies Private Limited, having its registered office at 2nd Floor, A, 212, 1st Main Rd, Stage 2, Domlur, Bengaluru, Karnataka 560071, India, and/or any of its affiliates (hereinafter collectively referred to as “CredR” or “Incredible Technologies”) on any device and/or before availing any services offered by CredR on the CredR Platform which may include services such as buying a used two-wheeler, selling a used two- wheeler, two-wheeler servicing, purchasing accessories, news and updates or any other service that may be offered by CredR on the CredR Platform (hereinafter individually, and collectively referred to as the “CredR Services”). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all CredR Services offered by Incredible Technologies Private Limited or its affiliates.
Additional terms and conditions may apply in order for You to avail specific CredR Services and to specific portions or features of the CredR Platform, including contests, promotions or other similar features, all of which terms are made a part of these T&Cs by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these T&Cs and the terms posted for or applicable to a specific portion of the CredR Platform or for any CredR Service offered on or through the CredR Platform, the latter terms shall control with respect to Your use of that portion of the CredR Platform or the specific CredR Service. CredR may make changes to any CredR Services offered on the CredR Platform, or to the applicable terms for any such CredR Services, at any time, without notice. The materials on the CredR Platform with respect to the CredR Services may be out of date, and CredR makes no commitment to update the materials on the CredR Platform with respect to such CredR Services.
CredR offers You the opportunity to voluntarily share Your contact details on CredR and CredR Platforms. This information is used for tracking a user’s purchase journey and may be provided to participating platforms or CredR partners in the event of a promotion, sale, offer or for regular business. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which CredR’s user information is or can be used in accordance with these T&Cs, these can alternatively have their own commercial and user terms and conditions. These business or user terms and conditions are available on the respective Participating Platforms. For the respective contents of the Participating Platforms, the respective affiliate of CredR is solely responsible only for those content that it actually operates. For CredR registered users, these T&Cs apply exclusively, whereas for the use of the Participating Platforms, their business and user terms and conditions apply along with these T&Cs. The user information shall be owned and operated by Incredible Technologies for use on all Participating Platforms, by Incredible Technologies or its affiliates. For the use of CredR’s services, the user must register. Registration as a user is only allowed if the user meets the eligibility criteria as set out in these T&Cs. Each user can set up only one user account. The user is obliged to provide correct and complete information during the registration. CredR cannot be held liable for any incorrect information provided by users. The login data is intended solely for personal use by the user and therefore always to be kept secret and safe. The user is not entitled to share his login details with third parties or to disclose them otherwise. The user is obliged to inform CredR immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and/or misuse of their access data or of their user account. Furthermore, the user is obliged not to use the user account of another person. Submission of the duly completed registration form by the user simply provides invitation to Us to make an offer to enter into the agreement. CredR is entitled to reject individual users without giving reasons. The user guarantees that the data submitted for their user account (and any other information that is otherwise left for CredR) are in all respects complete, true, accurate and not misleading. Any changes to user’s data should be promptly updated correctly in its account.
You understand that except for information, products or services clearly indicated as being supplied by CredR, We do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that CredR cannot and does not guarantee or warrant that files available for download through the CredR Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.
You agree that CredR, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the CredR Services/CredR Platform and remove and discard You on the CredR Platform all or any part of Your account, Your user profile, or Your recipient profile, at any time. CredR may also in its sole discretion and at any time discontinue providing access to the CredR Services, or any part thereof, with or without notice. You agree that any termination of Your access to the CredR Services/CredR Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that CredR will not be liable to You or any third party for any such termination or interruption. Any suspected fraudulent, abusive or illegal activity from Your part shall be referred to appropriate law enforcement authorities and if You found any fraudulent, abusive or illegal activity, then the same shall be first reported to CredR. Upon termination for any reason, You agree to immediately stop using the CredR Services/CredR Platform.
In no event, CredR or its contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or nonpecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the CredR Services, the CredR Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the CredR Services, the CredR Platform (including any and all materials) or any reference sites/app/platform/service, even if CredR or a CredR authorized representative has been advised of the possibility of such damages. In no event, CredR or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the CredR Services, the CredR Platform or any reference site/app/platform/service; or (iii) Your use or inability to use the CredR services, the CredR Platform (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with CredR, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the CredR Service or the CredR Platform giving rise to the cause of action, or beyond or in excess Rs.1,000, whichever is lesser. You acknowledge and agree that CredR has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and CredR, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and CredR. CredR would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, CredR’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
You agree to indemnify, save, and hold CredR, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the CredR Services or of the CredR Platform; (ii) any violation by You of this Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. CredR reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify CredR, including rights to settle, and You agree to cooperate with CredR’s defence and settlement of these claims. CredR will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
To the fullest extent permissible pursuant to applicable law, CredR and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from CredR or through the CredR Services or the CredR Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “CredR” includes CredR’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You acknowledge that CredR is a reseller of used two-wheelers and is not liable for any third party obligations due to rates, quality and all other instances. You expressly agree that use of the CredR Services on the CredR Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the Internet generally. CredR does not warrant that the CredR Services will be uninterrupted or error-free or that defects in the site will be corrected. The CredR Services and the CredR Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. CredR, and its third party suppliers, licensors, and partners do not warrant that the data, CredR software, functions, or any other information offered on or through the CredR Services/CredR Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. CredR and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the CredR Services/CredR Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the CredR Services/CredR Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will CredR be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the CredR Platform.
The CredR Services and the CredR Platform are owned and operated by CredR and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the CredR Services and the CredR Platform provided by CredR (hereafter Materials) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and CredR, all Materials, trademarks, service marks, and trade names contained on the CredR Platform are the property of CredR and/or third party licensors or suppliers. You agree not to remove, obscure, or alter CredR or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the CredR Services/CredR Platform. Except as expressly authorized by CredR, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. CredR reserves all rights not expressly granted in this Agreement. If You have comments regarding the CredR Services and/or the CredR Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to CredR, and shall assign to CredR, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
CredR reserves the right to change, modify, add, or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the CredR Platform or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to Your use of the CredR Platform, availing the CredR Services or for payment transactions initiated after the posting date. If You do not agree with any such change, Your sole and exclusive remedy is to terminate Your use of the CredR Services/CredR Platform. For certain changes, CredR may be required under applicable law to give You advance notice, and CredR will comply with such requirements. Your continued use of the CredR Platform following the posting of changes will mean that You accept and agree to the changes.
If any dispute, controversy or claim arises under this Agreement or in relation to any CredR Service or the CredR Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, CredR may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bangalore and the language of this arbitration shall be English. Either You or CredR may seek any interim or preliminary relief from a court of competent jurisdiction in Bangalore necessary to protect the rights or the property belonging to You or CredR (or any of Our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor CredR may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and CredR. In all arbitrations, each party will bear the expense of its own lawyers and preparations. This paragraph shall survive termination of this Agreement.
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against CredR must be resolved by a court having jurisdiction in Bangalore, India. You agree to submit to the personal jurisdiction of the courts located within Bangalore, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only and they do not constitute a part of these T&Cs and will not be deemed to limit or affect any of the provisions hereof.
All the Payments made by You for the services availed by using the CredR Platform, You will be bound by the Terms and Conditions as mentioned in the payment gateway. You hereby agrees and confirms that CredR will not be held liable or held responsible for any payment related issue resulting from the use of the payment gateway provided in the website.
The CredR Digital Services are not available to persons under the age of 18 or to anyone previously suspended or removed by CredR from availing the CredR Digital Services or accessing the CredR Platform. By accepting the T&Cs or by otherwise using the CredR Digital Services on the CredR Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed by CredR, or disqualified for any other reason. In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, CredR reserves the right to suspend or permanently prevent You from availing CredR Digital Services or using the CredR Platform.
Under certain circumstances, CredR after obtaining the consent from You may provide assistance in the transfer of ownership of the vehicle. While doing so it shall be Your responsibility to provide all the necessary assistance for the effective completion of transfer of ownership, which includes but not limited to providing all the relevant documents, providing OTP in the Aadhar linked mobile number, linking of the Aadhar Number if the same is not linked, visiting the concerned RTO if needed etc.
If you abstain or refuse to do your obligation and that results in delay in the Transfer of ownership, in that circumstances all the liabilities, legal cases and criminal liability related to the vehicle will be on you and Credr shall not be held responsible at all.
If CredR takes the responsibility of Paper transfer based on the consent of the seller, then the same will only be initiated when the Vehicle has been delivered to the Buyer or end customer.