Conditions of Sale

PLEASE CAREFULLY READ THESE TERMS OF USE ("Agreement" or "Terms") BEFORE ORDERING ANY CREDIWATCH DIGITAL OFFERINGS OR SUBSCRIPTION SERVICES FROM OUR SERVICES.

  1. We are CREDIWATCH INFORMATION ANALYTICS PRIVATE LIMITED “Crediwatch”, a company registered in Karnataka, India under the CIN U74999KA2016PTC096782 and with our registered office at 426, 7th Cross, Jayanagar 1st Block, Bangalore 560011. We operate the Site. If you have any questions, please contact us by email at:  support@crediwatch.com These Terms (together with any documents referred to in them) provide you with information about us and the legal terms and conditions on which we sell any of the documents, subscription services or application programming interface (API) (the "Crediwatch Digital Offerings") referenced on our website https://www.crediwatch.com (the "Site") (the provision or making available of the Crediwatch Digital Offerings, together with the Site and all the related services provided by Crediwatch, the "Services").

    These Terms will apply to any contract between us for the sale of Crediwatch Digital Offerings to you (a "Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Crediwatch Digital Offerings from our Services. If you have any queries on these Terms please contact us before placing an order. Please note that by ordering any of our Crediwatch Digital Offerings, you agree to be bound by these Terms and the other documents expressly referred to in them. If you are a consumer, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

    You should print a copy of these Terms or save them to your computer for future reference.

    We amend these Terms from time to time as set out in these Terms. Every time you wish to order Crediwatch Digital Offerings, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on September 27, 2016.

    These Terms, and any Contract between us, are only in the English language.

    Your use of our Services is governed by our  Terms & Conditions of Use, our Privacy Policyand ourCookie Policy(together, the "Other Applicable Terms"). Please take the time to read these, as they include important terms to you. If you are a consumer, you may have other consumer rights granted by law and these Terms do not affect such rights.

  2. CREDIWATCH DIGITAL OFFERINGS

    Crediwatch Digital Offerings include downloads or emailed copies of PDF or CSV or digital content to your computer, mobile, or any other electronic device, along with any product delivered to you or accessed via the Services.

    Each purchase of a Crediwatch Digital Offering shall be deemed a non-exchangeable, non-refundable and final sale. No refunds will be given where a Crediwatch Digital Offering has been purchased and successfully delivered by email or any other means.

  3. PURCHASES OF SUBSCRIPTION SERVICES

    Users can purchase monthly or annual subscription services (the "Subscription Services"), which dependent on the type of subscription service purchased entitle users to download certain volumes of Crediwatch Digital Offerings and utilise certain tools and website functionality, details of which are set out in the applicable ordering document. Where prepayments are made for Subscription Services or Subscription Services are purchased it is understood that such payments or credits are not refundable under any circumstances (save at Crediwatch’s sole discretion). Please note that such payments or credits do not guarantee continued availability of any product or service and Crediwatch reserves the right to amend or withdraw any product or service at any time. Crediwatch may provide refunds in these circumstances, at its sole discretion.

    We may immediately suspend or terminate your use of the Subscription Services, without liability or refund, if:

    1. any payment that you owe is declined, rejected or reversed for any reason during your subscription period; or
    2. you breach any of these Terms or, if applicable, you breach any of the Other Applicable Terms.
  4. PURCHASERS OF CREDIWATCH DIGITAL OFFERINGS

    If you are a consumer user (being a natural person who is acting for purposes outside any trade, business or profession), you may only purchase Crediwatch Digital Offerings from us if you are at least 18 years old.

    If you are not a consumer:

    1. you confirm that you have authority to bind any business on whose behalf you use our Services to purchase Crediwatch Digital Offerings; and
    2. these Terms (and any document expressly referred to in them) constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us, which is not set out in these Terms (or any document expressly referred to in them).

    In purchasing a Crediwatch Digital Offering, you warrant that you will comply with all applicable laws and regulations of the country for which the Crediwatch Digital Offering is destined. We will not be liable or responsible if you break any such law.

  5. ORDER PROCESS

    Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

    After you place an order, you will receive an on screen confirmation that your payment has been successfully processed.

    Ad hoc purchases of Crediwatch Digital Offerings: all PDF, digital content or CSV images are either downloadable direct from the Services or delivered by e-mail (in both cases you will receive an order confirmation and receipt by email (the "Confirmation" )).

    Purchase of Subscription Services: you will receive an order confirmation by email when you initially purchase Subscription Services (the "Subscription Confirmation" ) with a receipt available to download direct from the Services and, upon requesting Crediwatch Digital Offerings within your allocated quota such PDF, digital content or CSV images will either be downloadable direct from the Services or delivered by e-mail (in both cases you will receive an order confirmation of the order of such Crediwatch Digital Offering by email).

    The Contract between us will only be formed when we send you the Confirmation (or when you download the Crediwatch Digital Offering, whichever is earlier) or Subscription Confirmation (as appropriate). We do not send any receipts or information by post - all communications are electronic.

    If we are unable to supply you with a Crediwatch Digital Offering, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Crediwatch Digital Offerings, we will refund you the price paid by you to us for any Crediwatch Digital Offering which we are unable to deliver. Any refund due will be made by crediting your credit/debit card in Indian Rupees with the amount of the refund within 14 days of the date of the Confirmation. Should you not receive a refund within that time you should contact us by emailing  support@crediwatch.com quoting the order reference number given in the Confirmation.

    Please note that because we begin to set up and provide the Crediwatch Digital Offerings immediately following your request, you will not be permitted to cancel the Crediwatch Digital Offerings under the Consumer Protection (Distance Selling) Regulations 2000.

  6. INCORRECT CREDIWATCH DIGITAL OFFERINGS PURCHASED IN ERROR

    Crediwatch Digital Offering sales are final. We cannot be held responsible if you have purchased the wrong Crediwatch Digital Offering. If you are unsure about the content of a Crediwatch Digital Offering you should contact us prior to ordering. Any replacement items will need to be purchased separately.

  7. PRICE

    The price of any Crediwatch Digital Offering will be as quoted on our Site from time to time (except in the case that such quoted price is manifestly in error).

    Prices for our Crediwatch Digital Offerings may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation or Subscription Confirmation (as appropriate).

    The price of any Crediwatch Digital Offering as initially quoted on the Site excludes applicable taxes which will be applied at point of sale.

  8. VARIATION

    We reserve the right to amend these Terms from time to time and to impose new or additional terms or conditions on your use of the Site or purchase of the Crediwatch Digital Offerings. Such modifications and additional terms and conditions will be communicated to you via email and will be effective immediately and will be incorporated into these Terms.

    Every time you order a Crediwatch Digital Offering from us, the Terms in force at that time will apply to the Contract between you and us.

  9. OUR LIABILITY TO YOU - IF YOU ARE A BUSINESS CUSTOMER

    This section only applies if you are a business customer (being any user other than a consumer as defined above).

    We only supply the Crediwatch Digital Offerings for internal use by your business, and you agree not to use the Crediwatch Digital Offering for any re-sale purposes.

    Nothing in these Terms limits or excludes our liability for: any matter in respect of which it would be unlawful for us to exclude or restrict liability.

    Subject to the above, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

    1. any loss of profits, sales, business, or revenue;
    2. loss or corruption of data, information or software;
    3. loss of business opportunity;
    4. loss of anticipated savings;
    5. loss of goodwill; or
    6. any indirect or consequential loss.

    Subject to the above, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Crediwatch Digital Offerings.

    Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Crediwatch Digital Offerings. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Crediwatch Digital Offerings are suitable for your purposes.

    We make reasonable commercial efforts to ensure content on the site is up to date and accurate and use reasonable care and skill when supplying any Crediwatch Digital Offerings. However, because we get the content and data and, therefore, our Crediwatch Digital Offerings from a number of different third party sources (including, without limitation, information provided by you and certain official registries) we do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any content accessed using the Services or contained in the Crediwatch Digital Offerings. Accordingly, any use of the Services or the Crediwatch Digital Offerings is at your own risk. If you do become aware of any inaccurate or incorrect content accessed or accessible using the Services or contained in Crediwatch Digital Offerings (in particular pertaining to yourself or other individuals) please let us know at support@crediwatch.com and we will use our reasonable endeavours to investigate your concern and, where appropriate and possible, correct inaccurate data. Content relating to credit scores, in particular, is provided and generated by a third party source, should you have any concerns as regards inaccurate or incorrect content in this regard please also contact us at support@crediwatch.com and we will use our reasonable endeavours to pass your concern onto the appropriate third party provider. You understand that by using the Services and/or obtaining Crediwatch Digital Offerings, you may be exposed to content that might be inaccurate or deceptive. Under no circumstances (save as required by law) will we be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the accessing by you of the Services and/or obtaining the Crediwatch Digital Offerings.

  10. OUR LIABILITY TO YOU - IF YOU ARE A CONSUMER

    This section only applies if you are a consumer. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

    We only supply the Crediwatch Digital Offerings for domestic and private use. You agree not to use the Crediwatch Digital Offerings for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    Nothing in these Terms limit or exclude our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability.

    We make reasonable commercial efforts to ensure content on the site is up to date and accurate and use reasonable care and skill when supplying any Crediwatch Digital Offerings. However, because we get the content and data and, therefore, our Crediwatch Digital Offerings from a number of different third party sources (including, without limitation, information provided by you and certain official registries) we do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any content accessed using the Services or contained in the Crediwatch Digital Offerings. Accordingly, any use of the Services or the Crediwatch Digital Offerings is at your own risk. If you do become aware of any inaccurate or incorrect content accessed or accessible using the Services or contained in Crediwatch Digital Offerings (in particular pertaining to yourself or other individuals) please let us know at support@crediwatch.com and we will use our reasonable endeavours to investigate your concern and, where appropriate and possible, correct inaccurate data. Content relating to credit scores, in particular, is provided and generated by a third party source, should you have any concerns as regards inaccurate or incorrect content in this regard please also contact us at support@crediwatch.com and we will use our reasonable endeavors to pass your concern onto the appropriate third party provider. You understand that by using the Services and/or obtaining Crediwatch Digital Offerings, you may be exposed to content that might be inaccurate or deceptive. Under no circumstances (save as required by law) will we be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the accessing by you of the Services and/or obtaining the Crediwatch Digital Offerings.

  11. EVENTS BEYOND OUR CONTROL

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Beyond Our Control. An Event Beyond Our Control is defined below.

    An "Event Beyond Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

    If an Event Beyond Our Control takes place that affects the performance of our obligations under a Contract:

    1. we will contact you as soon as reasonably possible to notify you; and
    2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Beyond Our Control.
  12. OTHER IMPORTANT TERMS

    We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This contract is between you and us. No other person or party shall have any rights to enforce any of its terms.

    Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    If you are a consumer, please note that these Terms are governed by the laws of the Republic of India. This means a Contract for the purchase of Crediwatch Digital Offerings through our Site and any dispute or claim arising out of or in connection with it will be governed by the laws of the Republic of India. You and we both agree to that the courts of Bangalore will have non-exclusive jurisdiction.

    If you are a business user, these Terms are governed by the laws of the Republic of India. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by the laws of the Republic of India. We both agree to the exclusive jurisdiction of the courts of Bangalore.

    We will not file a copy of the Contract between us