Terms And Conditions

This Mobile Application is a property of and operated by Incredible Technologies Private Limited registered under the Companies Act, 2013, and having its registered office at 212/A, 2nd Floor, I Main Road, II Stage, Domlur Bangalore, Karnataka- 560071, India (“CredR”). By accessing or using any version of CredR Connect Application (collectively referred to as the “Application” hereinafter), you signify that you have read, understood and agree to be bound by these Terms and Conditions (“T&C”) and any other applicable law. As used herein, “Users” shall mean OEM dealers or showrooms who uses or accesses this Application on any computer, mobile phone, tablet, console or other device (collectively, "Device"). Your continued use of this Application shall be constituted as your acceptance to the T&C (“Terms and Condition and Privacy Policy of the Credr.com), as revised from time to time. If you do not agree with these T&C (and Privacy Policy), please do not access and use the Application. For the purposes of these T&C, “we”, “our” and “us” shall mean CredR, and/or third-party service providers engaged by CredR to render certain services on the Application and “you”, “your” and “OEM” shall mean a User who meets the eligibility criteria as set out below.

Eligibility Criteria for an OEM

An OEM should be a company incorporated under the provisions of the Companies Act, 1956/ 2013, or a limited liability partnership firm registered under the Limited Liability Partnership Act, 2008, or a partnership firm registered under the provisions of the Partnership Act, 1932 or a proprietorship concern. An OEM shall be engaged in the business of sale of new motorcycles and in order to facilitate purchase by the customers, it accepts second-hand motorcycles as part consideration for the purchase of new motorcycles; You have agreed, subject to the T&C, to facilitate the sale of second-hand motorcycles by Individuals exclusively to CredR on this Application of CredR and thereafter unequivocally and unconditionally permit CredR to sell the said motorcycles to its customer(s) as per its conditions and discretion under the Brand

SCOPE, EFFECTIVE DATE, TERM AND TAX:

  1. You, subject to the T&C, has agreed to facilitate the sale of Vehicle(s) by individuals to your exclusive partner CredR for consideration as set out by CredR in each case.
  2. CredR has, subject to the T&C, agreed to purchase Vehicle(s) from individuals for certain consideration (on case-to-case basis) as outlined on this Applications of CredR upon you accurately uploading details on the Application.
  3. CredR shall: (a) facilitate the sale of second-hand motorcycles through this Application by integration of technology or such systems deemed fit by CredR (“Application”); (b) train your staff regarding the usage of this Application for assessment and evaluation of pre-owned motorcycles in which this Application is and shall always remain the sole and exclusive intellectual property of CredR; (c) in association with you, plan and execute co-branded exchange events and other exchange related initiatives along with marketing activities, cost for which shall be solely borne by you(d) support you in structuring co-marketing and co-marketing activities in line with CredR’s branding guidelines; (e) have the right to reject the Vehicle including but not limited to following conditions: (i) in case the actual condition of Vehicle is different from conditions indicated by you on this Application after initial assessment and verification and/or (ii) in case necessary documents for ownership transfer as specified in the table attached to this T&C have not been collected from your customers or are not compliant as per guidelines defined by CredR.
  4. You shall: (a) be responsible for adhering to the standard operating procedures mandated by CredR from time to time (b) ensure usage of this Application for entering and accurately updating the information of Vehicle(s) and for facilitating sale of pre-owned vehicles belonging to its customers who are legal owners/nominees of such vehicles and for no other purpose whatsoever and be responsible for co-marketing, co-branding and promoting the exchange program powered by CredR on all its applications strictly in accordance with CredR guidelines; (c) provide support by providing your staff to manage all the operational functions needed for the completion of the transaction document collection; (d) ensure proper document collection required for ownership transfer of Vehicle from the customer at the time of taking possession of the Vehicle; (e) ensure safe custody of Vehicles exchanged till such time CredR logistics has taken possession of the said Vehicles (the safe custody of Vehicle and all related liabilities shall be solely be upon you until CredR logistics takes delivery of the said Vehicle from the you; (f) not share CredR’s Application or demonstrate its working to any other party without express written permission from CredR; (g) not hold CredR liable or responsible for misconduct, fraud, misappropriation or any act or omissions by any service provider engaged with CredR who does not have an employer- employee relationship with CredR; (h) ensure that your agents and employees, shall comply with the T&C and you shall be fully responsible for the acts or defaults of any of you agents and employees, as if they were your acts or defaults; (j) provide to CredR with a single point of contact, on your behalf, for the coordination of operations and compliance of T&C; and (k) strictly abide by the process for transfer of Vehicles as mandated by CredR (failure/non- compliance of which may lead to termination of this T&C by CredR).
  5. All payments mentioned under this T&C are inclusive of Goods and Service Tax (GST) and / or any other taxes in any nature whatsoever, if applicable. It is expressly agreed between the Parties that each Parties shall bear its own tax obligation under the applicable law of India.

Process

The Parties here to agree to the following process:
  1. Lead capturing process: An enquiry passed by you to CredR shall be considered to be a valid lead, if the entry is made in this Application provided for the purpose with full details.
  2. Valuation process: You shall inspect the Vehicle(s) and update details of the Vehicle(s) for which the lead is given to CredR through this Application (you shall, diligently and accurately enter complete information about the Vehicle(s) on this Application). Inspection of said Vehicle(s) shall be done by your designated staff on the parameters defined in this Application.
  3. Exchange process: CredR shall, from time to time, inform the process to be followed for the exchange and transaction and intimate and train your staff for the same.
  4. Documentation process: (a) You shall solely be responsible for collection of all required document for ownership transfer of said Vehicle(s) as mentioned in table attached with the T&C; (b) You shall ensure that the person signing the documents mentioned above is the same person who is the legal owner of the Vehicle as per Registration Certificate of the said Vehicle or a valid nominee who holds a nomination letter from the legal owner and has the requisite capacity to sell the Vehicle; (c) ensure that signature on ID proof/address proof matches those on ownership transfer documents. However, CredR reserves the right to reject or change the terms of purchase of any Vehicles in the event that there exists any discrepancy in the documents or the condition of the Vehicles post evaluation for such Vehicles.
  5. Vehicle logistics from You: CredR personnel/designate will take delivery of the Vehicle ensuring compliance with the pre-defined criteria (criteria defined by CredR) from your showroom. The following shall be complied with: (a) Vehicle should be available at exchange point /showroom; (b) documents set should be ready along with customer signature on TTO set; (c) Vehicle should be in ‘as is’ condition reported on this Application by you.
  6. Payment process: Upon receiving the physical possession of the exchanged Vehicle and all relevant documents, CredR will process the payment to you within 30 (thirty) business days in a manner deemed fit by CredR.

REPRESENTATIONS AND WARRANTIES MADE BY OEM:

You represents and warrants that: (a) you have the legal right and authority, and will maintain the legal right and authority to perform its obligations under this T&C; (b) it is authorized and has completed all required corporate actions necessary to be a part of this T&C; (c) Your performance obligations under this T&C will not violate any applicable law of India and/or its constitutive documents; (d) it has all necessary statutory and regulatory permissions, approvals and permits required for operating its business under all applicable laws, including permissions, approvals and permits from independent third parties, wherever necessary; (e) it shall adhere to the strictest and highest industry standards in facilitating the sale of motorcycles pursuant to this T&C; (f) it shall facilitate the sale and deliver motorcycles to CredR which do not have any defects (obvious or latent); (g) it shall facilitate the sale of second-hand motorcycles mentioned herein to its exclusive partner CredR; (h) it shall not create any charge, lien, interest, bailment, transfer, pledge and/or any other encumbrance on the Vehicle(s) sold by Individuals to CredR; (i) it shall not make any alterations to the motorcycles that may be detrimental, have an adverse effect on or change the condition of the motorcycle (such as alter the exterior (such that it does not match the registration/insurance certificate and connected documents) or interior) or alter, modify or invalidate the warranty associated therewith; (j) all information provided is true, accurate and correct; (k) you shall adhere, and ensure that your agents and employees adhere, to the T&C.

INTELLECTUAL PROPERTY RIGHTS

Except for the rights expressly granted herein, this T&C does not transfer any Intellectual Property Rights belonging to CredR in your favour, and all right, title, ownership and interest in the Intellectual Property rights (whether registered or not) of CredR shall remain solely with CredR. Except otherwise agreed herein, no Party shall use the brand name or trade-mark/logo of the other Party for promotion and/or marketing purposes without express written consent/permission of the other Party. For the purpose of this T&C the term ‘Intellectual Property’ shall mean trade names, trademarks, service marks, logos, domain names, other distinctive brand features, patents, copyrights, trademarks, designs, inventions, invention studies (whether patentable or not), mask works, domain names and registrations, trade names, secret formulae, secret processes, computer programs, confidential information, know-how and any other intellectual property or proprietary rights, any and all enhancements or derivative works of any of the foregoing and any and all applications for any of the foregoing, and any rights existing under applicable copyright, trademark, patent or trade secret law. You at all times keep such information confidential and shall not divulge, reproduce, transfer or distribute any information received from CredR. Subject to section 1.3 above, it is hereby agreed that you that the data, information collected, uploaded and stored in connection with this T&C (on this Application) shall solely belong to and be the rightful property of CredR and you shall not have any right, interest, title or ownership over it. You acknowledges that it shall be prohibited from using, reproducing, transferring or transmitting such data/information in any form whatsoever (whether anonymized or otherwise).

CONFIDENTIALITY

The Parties shall keep confidential all information of the other Party obtained under or in connection with this T&C and shall not disclose the same to any third party without the prior written consent of the disclosing Party. Confidential Information shall mean all information of the disclosing Party obtained under or in connection with this T&C or which are by their nature deemed confidential, whether marked as confidential or not, other than: (i) any information which is already in the public domain otherwise than as a result of a breach of this T&C; or (ii) any information which was rightfully in the possession of the receiving Party prior to the disclosure by the disclosing Party and acquired from sources other than the other Party proved with sufficient evidence; or (iii) any information obtained from a third party who is free to disclose such information; or (iv) to the extent required by law or any regulatory requirement or by any regulatory authority.

NON-SOLICITATION AND NON-COMPETE:

  1. Non-Compete: In the event you decides to terminate this association with CredR for any reason whatsoever, You shall not, without the prior written consent of CredR, at any time during the period of 2 (two) years from the date of such termination either individually or in partnership or jointly or in conjunction with any person(s) (as defined under the General Clauses Act, 1897), or syndication as principal, agent, shareholder or in any other manner whatsoever carry on, be engaged in or be concerned with or interested in, or advise, lend money to, guarantee the debts or obligations of or permit its name or any part thereof to be used or employed by any such person(s) engaged in or concerned with or interested in any business competing with or similar to the business of CredR.
  2. Non-Solicitation: You undertakes, assures and confirms that it shall not solicit any of the director(s), or employee(s), or supplier(s), or vendor(s) of CredR, including those who have directly or indirectly been involved in providing services to CredR, for employment or otherwise with the CredR and/or any of its associates, affiliates, group companies or any other person(s), during the validity of this T&C and up to 2 (two) years from the date of termination of association with CredR

FORCE MAJEURE:

A Party shall not be liable to the other Party if, and to the extent, that the performance of any of its obligations under this T&C is prevented, restricted, delayed or interfered with due to a condition of force majeure (means any act of God including but not limited to fire, floods, earthquake, storm, or other natural disaster, act of any government authority including but not limited to war, invasion by a foreign country, civil war, rebellion, terrorist attacks, revolution, military or usurped power, damage to property by or under the order of any martial government authority or public or local authority or imposition of martial/government law, judgment, order or decree, sanction, embargo or similar action, blockade or labour dispute/unrest, including but not limited to strike, lockout or boycott and epidemics/outbreaks materially affecting health), provided that the other Party is duly notified in writing of such an event. In the event that a force majeure event continues for 30 (thirty) days from the date of aforesaid notice, this T&C shall automatically stand terminated.

TERMINATION

  1. CredR shall have the right to immediately terminate this association in writing, in case of breach of any T&C mentioned herein by you. A remedial notice of thirty (30) days shall be provided to cure such default, in the event that the failure is not cured by you within the thirty (30) day period specified above, CredR shall have the right to immediately terminate this association by providing a written notice to you.
  2. CredR shall be entitled to terminate this association without any cause by issuing a 30 calendar days prior written notice to you.
  3. You shall be entitled to terminate this association without any cause by issuing a 60 calendar days prior written notice to you.
  4. The expiry or termination of this association shall not affect the accrued rights and obligations of either Party.

MISCELLANEOUS:

  1. Survival: Notwithstanding the termination of your association with CredR for any reason whatsoever, all covenants to be performed and/or observed by you under this T&C or which by their nature shall survive the termination.
  2. Indemnity: You shall defend, hold harmless and indemnify and keep CredR and all its directors, officers, employees and agents indemnified against all the costs, charges, expenses, losses, liabilities, penalties, claims and damages directly or indirectly incurred or suffered by CredR, arising on account of any act, commission or omission attributable to you and for breach of any third-party rights by you.
  3. Entire understanding: This T&C sets forth the entire agreement and understanding between the Parties as to the subject-matter of this Terms of Conditions and amalgamates all prior discussions between them.
  4. Governing Law and Jurisdiction: This T&C shall be governed by, construed and enforced in accordance with the laws of India. The courts in Bengaluru will have exclusive jurisdiction.
  5. Updates: CredR reserves the right to update the application, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation. You hereby agree to install the updates from time to time and acknowledge that CredR will only be able to provide Account support for the application if you ensure to install all updates upon receiving notifications thereof when using the application.

List of necessary documents for ownership transfer as required by CredR that should be collected by OEM

DocumentsComments
Original RCMANDATORY
Form 28 (signed) IN Three CopiesMANDATORY
Form 29 (signed) In Two CopiesMANDATORY
Form 30 (signed) In Two CopiesMANDATORY
Form 35 (signed)MANDATORY
Chassis Imprint on PaperMANDATORY
Signed Declaration cum delivery Note (Format attached in Annexure -)MANDATORY
Bank NOCMANDATORY, if applicable
Chassis Imprint on Paper or image copyMANDATORY
Bank/NBFC NOCMANDATORY
Original Purchase InvoiceMANDATORY
RTO NOCMANDATORY, if applicable
Original Insurance papersMANDATORY, if applicable
All KeysMANDATORY
2 Photocopies of Proof of Identity of Vehicle owner (signed)MANDATORY
2 Photocopies of Proof of Address of Vehicle owner (signed)MANDATORY
Valid Nomination LetterMANDATORY, if applicable

The above list of necessary documents can be subjected to change from time to time, at the sole discretion of CredR.

STANDARD OPERATING PROCEDURE

Abbreviations for this Annexure are as follows: EE - Exchange Executive

The exchange procedure to be followed:
  1. Your EE shall interact with the Individual;
  2. Your EE shall check the Vehicle(s) thoroughly;
  3. EE shall enter the Vehicle(s) and its owner’s details on the Application;
  4. If the Individual agrees to sell the Vehicle and the Documents are complete, your EE shall mark the Vehicle as an exchange;
  5. Once the Vehicle has been marked as an exchange, its details flow into CredR Pro for documents verification (your EE will reach out to the city coordinator in case of any query/clarification);
  6. Documents team of CredR (“Documents Executive”) shall check for the validity of Document details updated on CredR Pro as provided by the Individual and may give approval on the CredR Pro App within 2 "business hours" of receiving the request on the CredR Pro App;
  7. In case of any discrepancy with Documents, the DE shall check with the OEM EE to rectify it.

For any queries contact: cs@credr.com

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