Terms Of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules 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)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy, user agreement, terms and conditions and terms of use for access or usage of the CredR Platform.

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.

For the purpose of these Terms of Use, wherever the context so requires, ("You" or "Your" or "Yourself" or "Buyer" or ”Seller” or “Customer”) shall mean a natural or legal person interested in availing CredR Services. The term "We", "Us", "Our" shall mean CredR.

Acceptance:

By registering on, accessing, browsing, downloading details or using the CredR Platform for any general purpose or for the specific purpose of availing any CredR Service, You agree to be bound by the terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each CredR Service (hereinafter collectively referred to as the “T&Cs” or “Terms of Use”). These T&Cs shall also include any additional or modified terms and conditions in relation to any additional or modified service-specific terms and conditions in relation to any CredR Service or any future service that may be offered by CredR on the CredR Platform. By registering on, accessing, browsing, downloading details or using (as applicable) the CredR Platform or availing any CredR Service, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the CredR Platform and immediately stop availing the CredR Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter referred to as “Agreement”) between You and CredR and for the same You shall be competent to get into a contract as per the Indian Contract Act, and also is You should have attained the age of 18 years , not an undischarged insolvent, or a person who has been suspended or removed from the CredR Platform by CredR. You shall be an individual user of the CredR Platform or a Customer or beneficiary of the CredR Services. All services are rendered by CredR through the CredR Platform under the brand name “CredR” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, CredR, regarding Your use of CredR’s digital services or any such other services which may be added on the CredR Platform and which will henceforth be a CredR Service, from time to time. The CredR Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, CredR grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the CredR Platform and/or avail the CredR Services.

Other Terms and Conditions:

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.

User Information and Participating Platforms:

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.

Communication Policy:

Customer Communications
  1. Accepting these T&C, implies Your express consent to be contacted by Us, Our agents, representatives, affiliates, or anyone calling on Our behalf at any contact number, or physical or electronic address provided by You while registering Your Account. You further agree to Us contacting You in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Product. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that an agent or representative calls, he or she may also leave a message on Your answering machine, voice mail, or send one via SMS.
  2. You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that You have provided to Us are Your own and not someone else's and are true, accurate, current and complete. You represent that You are permitted to receive calls at each of the telephone numbers You have provided to Us and emails at each of the email addresses You have provided Us. You agree to notify Us whenever You stop using a particular telephone number(s) and/or email address (es)
By accepting the T&Cs, you accept the following:
  1. CredR may send alerts to the mobile phone number provided by You while registering with the CredR Platform or on any updated mobile number subsequently provided by You on the CredR Platform, or via e-mail. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of e-mail, only if the e-mail servers and e- mail ids are functional. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional, then You may not get the alert at all or get delayed messages.
  2. CredR will make best efforts to provide alerts via SMS/e-mail and it shall be deemed that You shall have received the information sent from CredR as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the CredR Platform or availing any CredR Services. CredR shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold CredR liable for non- availability of the SMS/email alert service in any manner whatsoever.
  3. The SMS/e-mail alert service provided by CredR is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, CredR shall be immediately informed about the same by You and CredR will make best possible efforts to rectify the error as early as possible. You shall not hold CredR liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert facility.
  4. The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert service depend on many factors including the infrastructure and connectivity of the service provider. CredR shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
  5. You will indemnify and hold harmless CredR and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which CredR or the SMS/e- mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the Customer receiving any message relating to the buying/ selling a used two-wheeler, reservation, meeting scheduling, shipment updates, and other services from CredR and/or the SMS/e-mail service provider.
  6. You will receive information via SMS, e mail and phone call regarding what CredR perceive to be of Your interest based on Your usage history and browsing history (which information may be shared by Incredible Technologies with its affiliates). This includes providing information relating to offers, discounts and general information by CredR. In case You do not want such information, You have to explicitly ask to be excluded.

Use of CredR Platform:

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.

Vehicle Logistics terms:

CredR provides logistics supply to its interested Seller(s) who are willing to sell vehicle to CredR, below are the terms and conditions for the logistics of the vehicles:
  1. PICKUP OF VEHICLE : You may choose to sell Your vehicle to CredR as per Your choice and convenience. You may choose to perform the service on any day of the week and for several times You may wish for. When You click on the accept sale option upon a notification of a task, You expressly consent each time for providing Your services to the user. You agree that You take services directly from CredR as the case maybe.
    • Transportation/ Delivery Services from Merchant Establishments: You acknowledge that the You may sell Your vehicle with CredR on the Platform through the CredR Platform. In this regard, You shall provide logistics cost borne by CredR for transportation/pickup services from Your location. You shall be liable to pay INR 250 (Two Hundred Fifty Rupees Only) only in case, if You ask for return of Your vehicle picked up by CredR. The payment shall be made to the CredR agent in cash or through online payment mode to CredR account which shall be shared with You in respect to the transactions initiated by the You on this Platform (“Logistics”).
    • Pick up of Vehicle: You hereby agree that while providing pick up pertaining to Your vehicle to the CredR agent, if you provide express consent to do the Transfer of ownership of your vehicle by CredR. You acknowledge that You shall provide CredR with all necessary documents required for transfer of Your vehicle ownership and also provide coordination for RTO rules and regulations.
  2. Pick up Services: You acknowledge that You may initiate a transaction on the CredR Platform and after that You will be required to keep Your vehicle ready with all necessary documents before the vehicle is picked up from Your location. You agree that before the delivery of the vehicle You shall ensure the documents is not tempered, lost or blur. You further agree that before giving delivery off the vehicle, You shall take reasonable measures to ensure that You have provided exact location for the pick-up of Your vehicle and it is handed over to the CredR agent and You shall be responsible for safe pick up of the vehicle to the CredR agent as may be specified by CredR.

Prohibited Conduct:

By accessing or using the CredR Platform or by availing CredR Services, You agree not to:
  1. Violate the T&Cs
  2. Impersonate any person or entity, falsely claim or otherwise misrepresent Your affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the CredR Services, perform any other similar fraudulent activity or otherwise avail CredR Services with what we reasonably believe to be potentially fraudulent funds;
  3. Infringe CredR’s or any third party’s intellectual property rights, rights of publicity or privacy.
  4. Use the CredR Services if You are under the age of 18 years or not competent as per the provisions of the Indian Contract Act.
  5. Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person.
  6. Post or transmit any message, data, image or program which is pornographic, vulgar or offensive in nature.
  7. Refuse to cooperate in an investigation or provide confirmation of Your identity or any other information provide by You to CredR.
  8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the CredR Services and the CredR Platform or features that enforce limitations on the use of the CredR Services or the CredR Platform.
  9. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of as regards CredR Services or CredR Platform or any part thereof, except and only to the extent this is expressly permissible by applicable law.
  10. Use the CredR Services or the CredR Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the CredR Services or the CredR Platform in an automated manner.
  11. Modify, adapt, translate or create derivative works based upon the CredR Services and the CredR Platform or any part thereof, except and only to the extent that that this is permissible by applicable law.
  12. Intentionally interfere with or damage operation of CredR Services or the CredR Platform or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features.
  13. Use any robot, spider, other automatic device, or manual process to monitor or copy the CredR Platform without prior written permission from CredR.
  14. Interfere or disrupt the CredR Platform or networks connected to the CredR Platform.
  15. Take any action that imposes an unreasonably or disproportionately large load on CredR’s infrastructure/network.
  16. Use any device, software or routine to bypass the CredR Platform’s robot exclusion headers, or interfere or attempt to interfere, with the CredR Services.
  17. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the CredR Platform or to manipulate Your presence on the CredR Platform.
  18. Sell the CredR Services, information, or software associated with or derived from it.
  19. Use the facilities and capabilities of the CredR Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
  20. Breach this Agreement or any other agreement or policy as may be applicable pursuant to the T&Cs.
  21. Provide false, inaccurate or misleading information to CredR.
  22. Use the CredR Platform to collect or obtain personal information, including without limitation, financial information, about other users on the CredR Platform, except and only as expressly provided in the T&Cs
  23. Avail CredR Services with what CredR reasonably believes to be potentially fraudulent funds.
  24. Use the CredR Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to CredR, a third party or You.
  25. Use the CredR Services in a manner that CredR or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
  26. Take any action that may cause CredR to lose any of the CredR Services from its service providers or lose any of its recharge partners or business partners, including mobile operators or telecom companies, payment processors or other suppliers.
  27. Send automated request of any kind to the CredR Platform without express permission in advance from CredR.

Termination; Agreement Violations:

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.

Limitation of Liability and Damages:

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.

Indemnification:

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.

Disclaimer; No Warranties:

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.

Ownership; Proprietary Rights:

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.

Modification of this Agreement:

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.

Notice

CredR may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the CredR Platform or by any other reasonable means. Except as otherwise set forth herein, notice to CredR must be sent by courier or registered mail to Incredible Technologies Private Limited, 2nd Floor, A, 212, 1st Main Rd, Stage 2, Domlur, Bengaluru, Karnataka 560071, India, with subject line - Attention: TERMS OF USE.

Waiver

The failure of CredR to exercise or enforce any right or provision of this Agreement or Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement or Terms of Use will be effective if the same is in writing and signed by CredR.

Dispute Resolution

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.

Governing Law and Forum for Disputes

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.

Severability

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.

Assignment; Restrictions on Information Sharing; Privacy

This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without CredR’s prior written consent which may be withheld in CredR’s sole discretion, but this Agreement, and any rights granted hereunder, may be assigned by CredR freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by You in violation of this provision shall be void and of no effect. By accepting this Agreement and the T&Cs hereunder, You agree to be Customers of CredR (including, each of Incredible Technologies and its affiliates). In addition, by accepting this Agreement and the T&Cs hereunder, You expressly and impliedly provide Your free and unconditional consent for the following: (a) for transferring CredR’s rights and obligations under this Agreement and the T&Cs in favour of any affiliate or third party; (b) for using the CredR Platform and availing the CredR Services by You subject to any specific terms and conditions imposed by any affiliate of CredR; (c) for receiving communications, notices and information from any Incredible Technologies or any affiliate of Incredible Technologies; (d) for sharing of business information (including data analytics and any information relating to You or the services being availed by You) between Incredible Technologies and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to CredR’s customers (including You); (ii) provision of better services by CredR’s vendors; (iii) to prevent any breach of a binding agreement between Incredible Technologies and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by CredR or by any affiliate of CredR; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of Incredible Technologies or any affiliate; or (vi) Incredible Technologies retaining any and all information relating to You till such time as may be required under applicable laws or internal policies. At times Incredible Technologies or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with CredR to provide products and services, or that help CredR market to customers. Personal information will only be shared by CredR to provide or improve CredR’s products, services and advertising, and will always be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. CredR, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to You, managing and enhancing customer data, providing customer service, assessing Your interest in CredR’s products and services, offering any products or services from any CredR Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable law and these companies are obligated to protect Your personal information under applicable law. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for CredR to disclose Your personal information. CredR may also disclose information about You if CredR determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. CredR may also disclose information about You if CredR determines that disclosure is reasonably necessary to enforce the T&Cs or protect CredR’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of CredR’s business or products or services offered through any CredR Platform to any persons (including any affiliates), CredR may transfer any and all personal information that CredR collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees. For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of Incredible Technologies; or (b) a person under the control of or under common control with Incredible Technologies; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of Incredible Technologies Private Limited (calculated on a fully diluted basis). For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including CredR), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever. CredR’s privacy policy applies to use of the CredR Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the CredR Platform, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the CredR Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Survival

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.

Headings

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.

Bill Payments and Digital Products Terms & Conditions

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.

Eligibility

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.

General Terms & Conditions

  1. CredR also facilitates an old bike to new bike exchange.
  2. CredR reserves the right to change/modify/add/delete any of the terms and conditions applicable on different promotional schemes introduced in the market from time to time.
  3. CredR is not liable to provide HSRP plates to its customers, as CredR procures and Sells second hand two wheeler to the end customer or Buyer, the Company does not change or alter the number plates of the vehicles.
  4. CredR can extend or terminate the offers/sale, without prior information at any point of time.
  5. CredR shall quote a price while procuring vehicle which shall be tentative price, and thereafter an inspection is conducted by the Inspection team and based on the inspection a final price will be communicated to the Seller. The final price of the vehicle may change based on the inspection conducted by the Inspection team.
  6. In case of any query pertaining to the offer or voucher, please contact our customer care by emailing us at cs@credr.com or call on +91 90755 55557 Monday to Sunday from 10.00 am to 7.00 pm.
  7. CredR reserves the right to cancel any reservation/order placed using promotional vouchers. Some situations where Your reservation/order may be cancelled include without limitation, misuse of any promotional vouchers, unauthorized usage of vouchers or inaccuracies of voucher pricing, technical glitches and value thresholds. The discount amount will not be refunded in such cases.
  8. If a Seller requests for the return of the vehicle, the logistic costs as mentioned in the Terms of Use or this Agreement will be borne by the Seller.
  9. Two or more offers cannot be clubbed together, until and unless specified otherwise.
  10. Offer may not be applicable for all products on the website.
  11. Special coupons should be redeemed within the limited period and validity once expired, cannot be extended later.
  12. If a Customer wants to return a product, the same offer will not be provided again to the Customer.
  13. Customer needs to opt for ongoing offers available on CredR Platform.
  14. All offers are subject to time validity.
  15. Once the vehicle is sold to the Customer, CredR shall not accept the return of vehicle in any other circumstances other then as provided in this Agreement.
  16. Any issues regarding spare parts, only the manufacturer of the spare parts will be held responsible and CredR will never be held responsible for the same.
  17. The voucher cannot be exchanged in cash or kind.
  18. CredR reserves the right to exercise its discretion with respect to claims made, the time period, applicability and availability of vehicles.
  19. All disputes will be subject to the exclusive jurisdiction of Bangalore courts only.
  20. If there is any technical issue and the order gets placed with the incorrect discount amount, CredR reserves the right to cancel that order.
  21. If any orders are placed due to a technical error, CredR reserves the right to cancel that order without any prior information.
  22. While selling vehicle to CredR, vehicle should be free of all the encumbrances including but not limited to any liability such as due to any outstanding loans or financing, litigation or court case, superdari, arears of sales tax, value-added tax, GST, road tax, government dues, blacklisted in government records or any similar liabilities. If found otherwise, CredR shall make the payment after deducting all the expenses as per Our standard terms and conditions or shall have the right to cancel the sale.
  23. If the Seller rejects a quotation or if there is an update in the delivery note by CredR, in such circumstances, the rejected delivery note and preceding delivery note shall stand null and void.
  24. The Seller declares that, the vehicle sold to CredR is not modified or tampered in any manner and does not carry any legal liabilities such as challans, litigations, police complaints, etc. If CredR finds any of these on the vehicle, the Seller will be held liable and CredR holds all rights to return the vehicle with full refund and to take appropriate legal actions against the Seller.
  25. The vehicles which comes under the CredR warranty or 7 days buy protect, all the terms and conditions related to it shall be governed by the product warranty or the warranty booklet or the CredR promise booklet provided to You.

Terms and Conditions for Ownership Transfer

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.

VEHICLE SERVICE TERMS AND CONDITIONS:

  1. CredR provides Door to Door general service to its Customers which is chargeable.
  2. CredR provides vehicle servicing to its Customers through CredR service centers or CredR authorised service centers which is chargeable.
  3. For claiming warranty as mentioned in the warranty booklet provided to You, Customers have to get the vehicle serviced at CredR authorised service centres or through Door-to-Door service.
  4. CredR thrives to give customer full satisfaction on the service by providing pre and post ride of vehicle before servicing along with the fitness report of the vehicle.
  5. CredR charges for any additional services on request of the Customer on the vehicle.
  6. To avail service kindly email us at cs@credr.com
  7. In case a Customer requests for repairs other than general servicing, it shall be chargeable as per the actual cost including labour charges.

Two-wheeler General Servicing:

CredR provides below services under two-wheeler general servicing (subject to labour cost) to its Customers:
  1. List of Services that is including labour cost under general servicing:
    • Engine Oil Drain & Replacement
    • Carburetor Adjustment / Cleaning
    • Front & Rear Suspension
    • Engine Tuning
    • Headlamp Focus Adjustment
    • Horn Setting
    • Switches & Electricals Check-up
    • All Nuts & Bolts Tightening
    • MC & Caliper Piston Seal Check-up
    • General Lubrication (Oil / Grease)
    • Vehicle Cleaning
    • Drive Chain Adjustment & Lubrication (Oil / Grease)
    • Clutch Play Adjustment
    • Gear Oil Top-up
    • Throttle Play Adjustment
    • Brake Adjustment & Tightening
    • Spark Plug Cleaning & Adjustment
    • Air Filter Cleaning / Replacement
    • Oil Filter Cleaning / Replacement
    • Brake Oil Check / Top-up
    • Body Fitting Check
    • Eco wash and Policing

CONDITIINS GOVERNING THE DIY OFFER(200rs)

  1. Evaluation of the image's quality is an integral part of CredR's offer validation process.
  2. Procurement of the vehicle is a mandatory eligibility criterion of the offer.
  3. Multiple entries for the identical vehicle will be consolidated and considered as a single entry

Report Abuse:

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: IT_support@credr.com

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