This Agreement sets forth the terms and conditions that apply to the access and use of the Website www.creditbasket.com and its Mobile Application (collectively be referred to as "Website"), which is managed and operated by Prudent Corporate Advisory Services Limited, (hereinafter collectively be referred to as “Prudent/ Creditbasket”), a company incorporated under the Companies Act, 1956.
By accessing this Website or registering your information on the Website, you declare and confirm that you are a resident of India, above 18 (Eighteen) years of age, and have the capacity to contract as specified under the Indian Contract Act, 1872, while availing the Services offered by the Prudent and agree to be bound by this Agreement. This Agreement along with Privacy Policy and Disclaimer describes our relationship with you will be subject to the rules, guidelines, policies, terms, and conditions applicable to any specific Service that is provided by this Website and they shall be deemed to be incorporated into this terms of service and shall be considered as part and parcel of this Agreement. Use of any functionality of the website constitutes acceptance of this Agreement. If this Agreement conflicts with any other documents, the Agreement will control for the purposes of usage of the website. If you do not agree to be bound by this Agreement and Privacy Policy, you may not use the website in any way.
You must visit to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified by Agreement.
Description of Services
Prudent hereby offers you with access to information primarily about certain financial products/services including, but not limited to loan facility, credit cards facility etc. (collectively referred as "Service/s"). In addition, Prudent may provide 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 etc.) in conjunction with your selection of the Services ("ancillary services"). The above said Services and ancillary services are provided on a commercially reasonable effort basis and you agree that your participation for availing the above-mentioned services is purely at your will and consent.
You agree and authorize Prudent to share your information with its group companies and other third parties, in so far as required for joint marketing purposes/offering various services/report generations and/or to similar services to provide you with various value added services, in association with the Services selected by you or otherwise. You agree to receive communications through emails, telephone and/or SMS, from the Prudent or its third party vendors/business partners/ marketing affiliates regarding the Services/ancillary services updates, information/promotional emails and/or product announcements. In this context, you agree and consent to receive all communications at the mobile number provided by you, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorize Prudent to share/disclose the information to any third party service provider or any affiliate, its group companies, authorized agents.
Account Registration
In consideration of your use of the Website and registering with us, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdiction and will only use the Website to make legitimate purchases for you or for another person for whom you are legally authorized to act (and will inform such other persons about the agreement and/or Privacy Policy) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto).
You shall provide true, accurate, current and complete information about yourself and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services and ancillary services by or through Prudent. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the Website or use of the Services.
You agree and understand that you are solely responsible for maintaining the confidentiality of your login ID password which allows you to access the Service. You agree to accept responsibility for all activities that occur through your account or password. You agree to notify Prudent immediately of any unauthorized use of your account or any other breach of security. You further agree that Prudent shall not be liable for any unauthorized use or access.
Permitted use and License
You acknowledge and agree that Prudent owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not). You further acknowledge that the Services may contain information which is designated confidential by Prudent and that you shall not disclose such information without Prudent`s prior written consent. The contents of the Website, including its "look and feel" (e.g. text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are the owned/licensed by/to Prudent and/or its third Party Service Providers/their licensors and are duly protected by them under applicable copyright, trademark and other laws.
Prudent grants you a limited license to access and make use of the Website, the Services and ancillary services. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party or to create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. Any unauthorized use by you shall terminate the permission or license granted to you.
Customer Due Diligence requirements (CDD)
You agree and acknowledge that for undertaking any financial transaction through the website, Prudent 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, in accordance with applicable Prevention of Money Laundering Act (“PMLA”) and rules.
User Content
By sharing or submitting any content including any data and information on the Website, you agree that you shall be solely responsible for all content you post on the Website and Prudent shall not be responsible for any content you make available on or through the Website. At Prudent`s sole discretion, such content may be included in the Service and ancillary services (in whole or in part or in a modified form). With respect to such content you submit or make available on the Website, you grant Prudent a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such content. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
Disclaimer of Warranty
You expressly understand and agree that your use of the Services, ancillary services and all information, products, other services and other content (including that of the third parties) included in or accessible from the Website is at your sole risk. The Services and ancillary services are provided on an "as is" and "as available" basis. Prudent makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the Website or of the services (whether or not sponsored by third party service providers), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose.
Prudent and its service providers, affiliates, business partners make no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, and (v) any errors in the technology will be corrected.
Fees and charges
The Prudent does not charge any registration/membership or browsing fee. However, the Prudent reserves the absolute right to charge any fee for registration/ membership or browsing fee at any time. All such fees that the Prudent may charge will be intimated to the users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Prudent shall be in Indian Rupees. Your continued use of the Prudent shall be deemed as an acceptance of the amended terms of the Agreement.
No-objection
You hereby authorise Prudent to use the information obtained by it in connection with Your Account so as to seamlessly and effectively provide you the entire range of Services contemplated hereunder.
You have no-objection to Prudent holding and process your personal information concerning Your Account in connection with the Services as well as for analysis, credit scoring and marketing. You also agree that Prudent may disclose, in strict confidence, to other institutions, such information as may be reasonably necessary for reasons inclusive of but not limited compliance with legal directive, for credit rating by recognized credit scoring agencies, and for fraud prevention.
Limitation of Liability
You expressly understand and agree that the Prudent (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, or other intangible losses, even if Prudent has been advised of the possibility of such damages, resulting from (i) any failure or delay (including without limitation the use of or inability to use any component of the Website), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website.
Notwithstanding the above, if the Prudent is found liable for any proven and actual loss or damage which arises out of or in any way connected with any of the occurrences described above, then you agree that the liability of Prudent shall be restricted to, in the aggregate, any Service/transactional fees paid by you to the Prudent in connection with such transaction(s)/ Services on this Website, if applicable.
Indemnity
You agree to indemnify and hold Prudent and its affiliates, officers, directors, agents and employees harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this agreement, your violation of any law or the rights of a third party, or your use of the Website.
You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge the Prudent, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter "Release"), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) ("Losses"), whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Prudent with respect to the Services. You agree to defend, indemnify, and hold harmless the Prudent from and against any and all Losses resulting from claims made against the Prudent by third parties arising from and in connection with this Authorization.
Modification and Termination
Prudent reserves the right to make changes to the Website, related policies, this agreement and the Privacy Policy at any time as it deems fit and proper. Upon any change, Prudent will notify the updated Terms on the Website or other means. Your continued use of the Services and ancillary services constitutes acceptance of the changes and Terms, as amended. If you do not agree to the changes, you may please discontinue your use of the Services and ancillary Services.
Prudent reserves the right to terminate or discontinue, temporarily or permanently, the Services including ancillary services, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Website or maintain the security and integrity of the Services.
You may choose to terminate/de-register with Creditbasket by submission of written request for the same, in the form and manner as may be prescribed by Prudent. Prudent may suspend or terminate the Services without prior notice if you have breached these Terms or Prudent learns of the death, bankruptcy or lack of legal incapacity of the user. It is clarified for avoidance of doubt that termination of these Terms, shall not relieve you of any liability incurred prior to the date of such termination.
Force Majeure
Prudent shall not be liable for any failure or delay to perform any of its obligations if performance is prevented, hindered or delayed, in part or entirely, by any event beyond the reasonable control of Prudent, including without limitation, sabotage, fire, flood, explosion, acts of god, acts of third parties, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, acts of third parties beyond Prudent’s reasonable control, breach of computer systems, malfunctioning of computer systems by any malicious, destructive or corrupting code or virus, mechanical or technical errors/failures, power shut down, faults or failures in telecommunication or internet services or unauthorized access to computer systems, (“Force Majeure event”).
You hereby understand and acknowledge that the transmission, storage and or retrieval of information and the provision of the Service(s) through the internet is subject to a variety of factors beyond the reasonable control of Prudent, that make such transmission, storage, retrieval and or provision of Service(s) potentially unreliable, including any interruption or unavailability of the third-party hosting services or internet services used by Prudent to host the website and / or provide the Service(s). In no event shall Prudent be liable for any failure, interruption or delay of the website and/ or the Service(s) resulting in part or entirely from such Force Majeure events. Prudent’s obligations shall be suspended for so long as the Force Majeure event continues.
Governing law, Jurisdiction and Arbitration
This agreement and the relationship between you and Prudent will be governed by the laws of the India. The Website specifically prohibits you from usage of any of its Services in countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website is specifically for users in the territory of India.
In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Ahmedabad having exclusive jurisdiction.
Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by Prudent and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Ahmedabad. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
Miscellaneous
Headings are for reference purposes only and do not limit the scope or extent of such section.
The Terms of this agreement by their nature and content are intended to survive even after termination of the Services hereunder, shall so survive the completion and termination of the Services.
Failure by Prudent at any time to enforce any of your obligations or to claim a breach of any term or condition or to exercise any power agreed to hereunder or under any other document executed by you in its favour will not be construed as a waiver of any right, power or obligation under these Terms and it will not affect any subsequent breach and will not prejudice Prudent as regards any subsequent action.
If any of these terms are deemed invalid, void, or for any reason unenforceable, the parties agree that the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
