Terms Conditions InCred ValuePlus

Download as pdf or txt
Download as pdf or txt
You are on page 1of 7

TERMS OF USE

This website www.incredvalueplus.com and other related internet based applications (collectively referred to as
"website" or "services") owned and operated by InCred Value Plus Private Limited incorporated under the Laws
of Republic of India having its registered office at Unit no.1203, 12th floor, B-Wing, The Capital, Plot no. C-70, G-
Block, Bandra Kurla Complex, Bandra East, Mumbai - 400 051. (Hereinafter referred to as "we", or "us" or "our"
or "InCred Value Plus").

These general Terms of Use (hereinafter referred to as the "Terms") shall constitute a valid and binding legal
agreement between us and the user of our website/services (hereinafter, where the context so requires, "you" or
"user" are referred to interchangeably).

Users of this website or services offered by us are requested to read these terms before registering, accessing,
browsing, downloading or using anything from the website by accessing or while using the website or the
services.

You understand and agree that InCred Value Plus will treat your use of the website or services as acceptance of
these Terms of Use.

Users, please take note that any statements made on our website shall not be construed as a promise for grant
of any services.

A. Introduction

1. The Terms are governed by the provisions of the applicable Indian laws, the rules, regulations,
guidelines, and clarifications framed thereunder, including but not limited to:
o The Indian Contract Act, 1872;
o The Information Technology Act, 2000
o The Information Technology (Reasonable Security Practices and Procedures and Sensitive
Personal Information) Rules, 2011
o The Information Technology (Intermediaries Guidelines) Rules, 2011
2. These Terms and your activity under these Terms are an electronic record as per the (Indian)
Information Technology Act, 2000 and these Terms being electronically generated by a computer system
does not require any physical or digital signatures.
3. InCred Value Plus reserves the right to modify these Terms and other policies applicable in general and
to specific areas of our Services or to a particular service which shall also be considered as part of these
Terms, at any time without giving you any prior notice and such changes shall be binding on you.
4. You shall revisit these Terms from time to time to stay abreast of any changes that we may introduce to
these Terms. Your use of our Website or Services pursuant to any such modification shall be treated as
your acceptance to follow the modified Terms as applicable.
5. By using our Website, you agree to these Terms. Further you represent and warrant to us that:

a. You are a person who is not barred or otherwise legally prohibited from receiving or using the
Website or Services under the laws of the country in which you are resident or from which you
access or use the Services.
a. You are a resident of the Republic of India.
b. You shall not impersonate any person or entity or falsely state or otherwise misrepresent age,
identity or affiliation with any individual or entity
c. Notwithstanding anything contained herein you agree that:
i. InCred Value Plus reserves the right to deny your registration/access as a User and
deny Services without assigning any reason whatsoever.
ii. The information contained in this Website or Services does not constitute any advice
or recommendation with respect to such financial instruments. You understand that
the objective is to give you information for making informed decisions and to compare
with similar Services. Any and all information provided is therefore for general
information purposes only.
iii. You have also understood we advise that independent professional advice is obtained
before you purchase any product and Service.

2. By using the Website or Services, you grant consent to InCred Value Plus to the use of your information
as outlined by InCred Value Plus in its Privacy Policy. You understand that this Website uses cookies; by
using this Website, you agree to these Terms and consent to InCred's use of cookies in accordance with
the terms of InCred Value Plus’s Privacy Policy.
3. InCred Value Plus may translate these Terms into other languages for your convenience. Nevertheless,
the English version governs your relationship with InCred Value Plus, and any inconsistencies among
the different versions will be resolved as per the English version.

B. Using the Website/ Services

1. Acceptance: By using the Services you agree to unconditionally accept and agree to comply with and be
bound by these Terms. Subject to the aforesaid InCred Value Plus grant you permission to use the
Website or Services subject to the restrictions in these Terms. Your use of the Services is at your risk.
2. User Account: You may create a User Account ("Account" or "User Account") and provide certain
information about yourself to use some of the features of the Services that are offered through the
Website or Services. You agree that you are solely responsible for maintaining the secrecy of your
passwords, login and account information for using the Services. You are also responsible for all
activities that occur in connection with your Account. You agree to notify InCred Value Plus immediately
of any unauthorized use of your Account. InCred Value Plus reserves the right to close your Account at
any time for any or no reason. Also, you shall not create multiple Accounts. You agree not to use the
Services for any purpose that is unlawful, illegal or forbidden by these Terms, or any local laws that
might apply to you. When you create a User Account, you will be additionally required to accept the
specific terms and conditions for expressing your interest to for availing various services.
3. Submission of Information: While creating your User Account you will be asked to provide certain
information, which is mandatory. Also, there will be other details, which you can provide at your
discretion. In both cases, we may ask you to provide complete and accurate information about yourself
to bolster your credibility. You confirm and warrant to InCred Value Plus that the details submitted by you
are accurate and correct and InCred Value Plus can rely on it for providing the Services sought by you
through the Services.
4. Communications: If you create a User Account, you agree to receive certain communications in
connection with the Website or the Services. By using the Services and/or registering yourself at InCred
Value Plus’s Services you authorize InCred Value Plus, InCred Value Plus’s affiliates, InCred Value
Plus’s associates, partners to contact you via email or phone call or SMS and offer you their services for
the product you have opted for, imparting product knowledge, offer promotional offers running on
website & offers offered by the associated third parties, for which reasons, as well as web aggregation.
Irrespective of the fact that you have registered yourself under DND or DNC or NCPR service,
you still authorize InCred Value Plus to give you a call from us, InCred Value Plus’s affiliates,
InCred Value Plus’s associates, partners for the purposes mentioned above. InCred Value Plus
may also pass your information to third party financial services companies for the purpose of them to
inform you about their services or products.
5. Service Fee: You agree that you shall pay a fee for the Services as per terms of the specific services
provided by the Services. The fee once paid shall be non-refundable, unless agreed by InCred Value
Plus in writing. The payment of fee or application made in Services does not assure you a grant of a
loan or other Services mentioned on our Website; the same will be subject to the satisfaction of other
formalities required for the specific Services.
6. Availability of Website or any Services: InCred Value Plus’s Website or Services may be modified,
updated, interrupted, suspended or discontinued at any time without notice or liability.
C. Grant of Authority

1. InCred Value Plus may as a result of your interaction with the Services hold and process personal
information obtained about you. When you access the Services and provide information the same will be
deemed as your authorisation to InCred Value Plus.
i. To use it for making lending decisions or decision to provide any Services
ii. To other service providers for offering various products and services which you may need
iii. For fraud prevention and debt collection
iv. To understand your financial needs
v. Servicing InCred Value Plus relationship with you and to conduct InCred Value Plus’s business
and to provide you with better customer services and products
2. You grant InCred Value Plus authority to pass such information to other agents as permitted by law so
that they may do the same and they may pass information held by them about you to InCred Value Plus
so that InCred Value Plus may do the same.
3. InCred Value Plus will not disclose any such information outside of InCred Value Plus except as
mentioned above other than for fraud prevention purposes and/or if required/obliged by law or
Governmental or judicial bodies or agencies or to InCred Value Plus’s regulators under proper authority,
or under a strict code of secrecy to sub-contractors or persons acting as InCred Value Plus’s agents or
where InCred Value Plus have your consent or have previously informed you.
4. By consenting to these Terms, you hereby grant InCred Value Plus authority, power and also authorize
InCred Value Plus or InCred Value Plus’s authorized representatives to do all acts on your behalf as
may be necessary for the purpose of providing the Services sought by you through the options available
in InCred Value Plus’s Services.

D. Proprietary Rights

1. You do not have the right to use any of InCred Value Plus’s trade names, trademarks, service marks,
logos, domain names, and other distinctive brand features. You do not have the right to copy and use
the software, text, images, graphics, video, and audio used on this Services ("Content"). You do not
have the right to remove, obscure, or alter any proprietary rights notices (including trademark and
copyright notices), which may be affixed to or contained within the Services. You will not copy or
transmit any of the Services.
2. InCred Value Plus neither represents nor warrants that your use of materials displayed on the
Website/Services will not infringe rights of third parties.

E. Prohibited Conduct

1. By using InCred Value Plus’s Services you agree that you shall not host, display, upload, modify,
publish, transmit, store, update or share any information that:
a. use InCred Value Plus’s Website and Services for spamming or any other illegal purposes
b. Infringe InCred Value Plus’s or any third party's intellectual property rights, rights of publicity or
privacy.
c. post or transmit any message which is libelous, defamatory or which discloses private or personal
matters concerning any person
d. post or transmit any message, data, image or program which violates any law
e. refuse to cooperate in an investigation or provide confirmation of your identity or any other
information you provide to InCred Value Plus;
f. remove, circumvent, disable, damage or otherwise interfere with security related features of the
InCred Value Plus’s Services or features that enforce limitations on the use of InCred Value Plus’s
Website and Services;
g. upload any content that constitutes negligent advice or contains any negligent statement, an
incitement to commit a crime or contains instructions for the commission of a crime or the
promotion of criminal activity; or any content which is in contempt of any court, or in breach of any
court order; or discriminates on the basis of age, sex, religion, race, gender; harassing, invasive of
another's privacy, blasphemous; in breach of any contractual obligations or depicts violence or is
pornographic, paedophilic, obscene, suggestive or sexually explicit; or consists of or contains any
instructions, advice or other information which may be acted upon and could, if acted upon, cause
illness, injury or death, or any other loss or damage; or constitutes spam; or is grossly harmful,
offensive, deceptive, fraudulent, threatening, abusive, hateful, harassing, anti-social, menacing,
hateful, discriminatory or inflammatory; or causes annoyance, inconvenience or needless anxiety
to any person; or racially, ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or harm minors in any way or otherwise unlawful in any manner whatever;
upload any content that threatens the unity, integrity, defence, security or sovereignty of any
country, or public order or causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting any nation;
h. belongs to another person and to which you do not have any right (including bodily privacy,
insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or
encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws
in force);
i. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally
communicates any information which is patently false or misleading in nature but may reasonably
be perceived as a fact;
j. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with
foreign states, or public order, or causes incitement to the commission of any cognisable offence or
prevents investigation of any offence or is insulting other nation;
k. upload any content that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer resource;
l. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of
InCred Value Plus’s Website and Services or any part thereof or infringe any patent, trademark,
copyright or other proprietary rights;
m. use InCred Value Plus’s Website and Services in any manner that could damage, disable,
overburden, or impair, including, without limitation, using InCred Value Plus’s Website and Services
in an automated manner;
n. modify, adapt, translate or create derivative works based upon InCred Value Plus’s Website and
Services or any part thereof;
o. intentionally interfere with or damage operation of InCred Value Plus’s Website and Services or
any other User's use of InCred Value Plus’s Website and Services, by any means, including
uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or
file with contaminating or destructive features
p. use any robot, spider, other automatic devices, or manual process to monitor or copy InCred Value
Plus’s Website and Services without prior written permission of InCred Value Plus
q. interfere or disrupt InCred Value Plus’s Website and Services or networks connected in addition to
that
r. take any action that imposes an unreasonably or disproportionately large load on InCred Value
Plus’s infrastructure/network
s. use any device, software or routine to bypass InCred Value Plus’s Website and Services robot
exclusion headers, or interfere or attempt to interfere, with InCred Value Plus’s Website and
Services;
t. forge headers or manipulate identifiers or other data to disguise the origin of any content
transmitted through InCred Value Plus’s Services or to manipulate your presence on InCred Value
Plus’s Website and Services
u. use the facilities and capabilities of InCred Value Plus’s Website and Services to conduct any
activity or solicit the performance of any illegal activity or other activity which infringes the rights of
others; breach these Terms or any other policies of InCred Value Plus
v. is patently false and untrue, and is written or published in any form, with the intent to mislead or
harass a person, entity or agency for financial gain or to cause any injury to any person;
w. provide false, inaccurate or misleading information to InCred Value Plus Website and Services
x. use InCred Value Plus’s Website and Services to collect or obtain personal information, including
without limitation, personal information about other Users of InCred Value Plus’s Website and
Services.
2. Although InCred Value Plus may from time to time monitor or review postings, transmissions, and the
like on the Website, InCred Value Plus is under no obligation to do so and assumes no responsibility or
liability arising from the content of any such locations nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any
information within such locations on the Website.
3. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise
violate any law.
4. InCred Value Plus retains the right to remove any such posting and will fully cooperate with any law
enforcement authorities or court order requesting or directing InCred Value Plus to disclose the identity
of anyone posting any such information or materials.

F. Display/ Advertisements/ Web Links

1. InCred Value Plus has not reviewed any sites that may be linked to the Services and is not responsible
for the content of any off-site pages or any other sites linked to the Website. Your linking to any other
off-site pages or other sites is at your own risk.
2. InCred Value Plus’s display on or through the Services of various services or product options offered by
third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or
approval or advise of InCred Value Plus of any such third parties or their products.
3. You agree that InCred Value Plus is in no way responsible for the accuracy, timeliness or completeness
of information it may obtain from these third parties. Your interaction with any third party accessed
through the Services is at your risk, and InCred Value Plus will have no liability with respect to the acts,
omissions, errors, representations, warranties, breaches or negligence of any such third parties or for
any personal injuries, death, property damage, or other damages or expenses resulting from your
interactions with the third parties.
4. You agree that you may need to agree with terms and condition of such third parties by accessing their
Services and the same will be at your sole risk and responsibility. Further, the obligations that may arise.

G. Inaccuracies

While InCred Value Plus uses reasonable efforts to include accurate and up to date information on the Website,
InCred Value Plus makes no warranties or representations as to the Website's accuracy. InCred Value Plus
disclaims all liability for the accuracy, completeness, or correctness of such information.

H. Security

While InCred Value Plus uses reasonable efforts to safeguard the security of the Website, there can be no
guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of
the Site. InCred Value Plus assumes no liability or responsibility for any unauthorized changes in the content or
functionality of the Website/Services.

I. Disclaimer of Warranty

The Services and all content and services provided on the Services are provided on an "as-is" and "as-available"
basis. InCred Value Plus expressly disclaims all warranties of any kind, whether express or implied, including, but
not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement,
and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of
performance. InCred Value Plus makes no warranty, and expressly disclaims any obligation, that:
1. The content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances.
2. The services will meet your requirements or will be available on an uninterrupted, timely, secure, or
error-free basis
3. The results that may be obtained from the use of the services or any services offered through the site
will be accurate or reliable.
4. The quality of any products, services, information, or other material obtained by you through the
services will meet your expectations.

J. Limitation of Liability

InCred Value Plus (including its officers, directors, employees, representatives, affiliates, and providers) will not
be responsible or liable for:

1. Any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive,
indirect, incidental or consequential damages of any kind (including without limitation any lost profits or
lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way
connected with
i. Any failure or delay (including without limitation the use of or inability to use any component of
the Website),
ii. Any use of the Services or content,
iii. The performance or non-performance by InCred Value Plus or any provider, even if InCred
Value Plus have been advised of the possibility of damages to such parties or any other party.
2. Any damages to or viruses that may infect your computer equipment or other property as the result of
your access to the Services or your downloading of any content from the Services.

K. Use Information on this Website

Except as expressly permitted by these Terms, no portion of the information on this Website may be reproduced
in any form, or by any means, without InCred Value Plus’s prior written permission.

L. Governing Law and Jurisdiction

1. The laws of India, without regard to its conflict of laws rules, will govern these Terms, as well as your
and InCred Value Plus’s observance of them.
2. If you take any legal action relating to your use of the Services or these Terms, you agree to file such
action only in the courts located in Mumbai, India

M. Details of Grievance Officer

1. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact
details of the Grievance Officer of InCred Value Plus are as provided below:
o Name: Ms. Rati Dubey
o Address: 1203, B Wing, The Capital, Bandra Kurla Complex, Mumbai, Maharashtra, 400 051
o Phone No: 022 68446100
o Email id: [email protected]
2. If the matter is not resolved at the first instance by the Grievance Officer, then the same may then be
settled by arbitration by a single Arbitrator appointed by InCred Value Plus. The arbitration shall be held,
in Delhi, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of
Arbitration shall be in English.

N. Breach of the Terms


Without prejudice to InCred Value Plus’s other rights under these Terms, if you breach these Terms in any way, or
if InCred Value Plus suspect that you have breached these Terms in any way, InCred Value Plus may

a. Send you one or more formal warnings


b. Remove any non- compliant information
c. Temporarily suspend your access to InCred Value Plus’s Website and Services
d. Permanently prohibit you from accessing InCred Value Plus’s Website and Services
e. Block computers using your IP address from accessing InCred Value Plus’s Website and Services
f. Contact any or all of your internet service providers and request that they block your access to InCred
Value Plus’s Website and Services
g. Commence legal action against you, whether for breach of contract or recovery of amounts due or
damages or otherwise
h. Suspend or delete your account on InCred Value Plus’s Website and Services.

Further, upon receiving actual knowledge in the form of an order by a Court of competent jurisdiction or on being
notified by the Appropriate Government or its agency under clause (b) of sub-section (3) of Section 79 of the
Information Technology Act, 2000, InCred Value Plus shall remove or cause to be removed and not host, store or
publish any unlawful information, which is prohibited under any law for the time being in force in relation to the
interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public
order; decency and morality; in relation to contempt of court; defamation; incitement to an offence relating to the
above, or any information which is prohibited under any law for the time being in force.

O. Feedback

1. Your feedback makes the use of InCred Value Plus’s Website and its Services better; please feel free to
share it with InCred Value Plus on [email protected]. Unless specifically admitted by InCred
Value Plus or as required by law all feedback shall be non-confidential in nature
2. InCred Value Plus will assume no responsibility for reviewing unsolicited ideas and will not incur any
liability as a result of any similarities between those ideas and materials that may appear in future
programs of InCred Value Plus.
3. Please do not reveal trade secrets or other confidential information in your messages to InCred Value
Plus. Any and all rights to materials submitted to InCred Value Plus become the exclusive property of
InCred Value Plus.

P. Miscellaneous

1. You hereby agree that InCred Value Plus may assign, transfer, sub-contract or otherwise deal with
InCred Value Plus’s rights and obligations under these Terms. You may not, without InCred Value Plus’s
prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and
obligations under these Terms.
2. If InCred Value Plus fails to act on your breach or anyone else's breach on any occasion, InCred Value
Plus is not waiving InCred Value Plus’s right to act with respect to future or similar breaches.
3. If any of these Terms is found to be unenforceable or invalid by a court, that Term will be enforced to the
fullest extent permitted by applicable law and the other Terms will continue to remain valid and
enforceable.
4. These Terms, together with those agreements made a part of these Terms by reference, make up the
entire agreement between InCred Value Plus and you relating to your use of the Services, and replace
any prior understandings or agreements (whether oral or written) regarding your use of the
Website/Services.
5. In any such action or for any action InCred Value Plus may initiate, InCred Value Plus will be entitled to
recover all legal expenses incurred in connection with the legal action, including but not limited to costs,
both taxable and non-taxable, and reasonable attorney fees.

Created on: May 10, 2024

You might also like