Please read the following terms and conditions carefully before registering, accessing, browsing or using the Site (defined below). By accessing or using or interacting with the Site or with any banner, pop-up, or advertising that appears therein or by using the Service (defined below), you agree to be bound by these terms and conditions set forth herein, including any additional guidelines and future modifications. Your continued use of the Site or Service following additions or modifications will mean that you accept to the additions or modifications made. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions or unable to be bound by the terms and conditions, you shall not access or use the site and immediately terminate your use of the Services.
The Terms and Conditions (as may be amended from time to time, the “ Agreement ”) is a legal contract between You (defined below) and ValuCircles Data Solutions Private Limited, having its registered office at B22, TVH Park Rozalia, 60 Anand Nagar, Thoraipakkam, Chennai 600096 detailing the terms and conditions for your access/use of our website ( www.valucircles.com ) (“ Site ”).
For the purpose of this Agreement, “We”, “Us”, “Our” and “ValuCircles” means ValuCircles Data Solutions Private Limited and “You”, “Your” or “User” means a person whether legal or juristic, or any corporate body who makes use of the Site or our Services in any manner and includes all individuals and/or corporate members/subscribers who use the Site or Services provided by the Site, whether or not for any payment and includes Your/ the User's successors and authorized person(s) of the User who has permission to use the Site or Services on the Site on behalf of the User; Users who obtain a trial membership to use the Site and User's who log in as a 'guest' to use the Site. Our “Services”, provided through the Site, include Loan eligibility assessment, Loan Probability Index (LPi) calculation, initiation of loan with lenders, and loan status tracking; all such services are hereinafter individually referred as “Service” or collectively as “Services”). The Service(s) can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies, as amended from time to time. We reserve the exclusive right to revise, add, or delete portions of these terms and conditions any time without any notice. You shall re- visit the “Terms & Conditions” link from time to time to stay abreast of any additions/ modifications made thereof.
1. USER ELIGIBILITY
(a) Use of the Site or Services are available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and not available to persons under the age of 18 or who are “ incompetent to contract” within the meaning of the Indian Contract Act, 1872 or to anyone previously suspended or removed from the services by Valucircles. If you are a minor i.e. under the age of 18 years, you shall not register as a User and shall not transact on or use the Site, if you wish to use or transact on Site, such use or transaction may be made by your legal guardian. Valucircles reserves the right to terminate your membership and/ or refuse to provide you with access to the Site if it is brought to Valucircles' notice or if it is discovered that you are under the age of 18 years. (b) By accessing the Site or by using the Services, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
2. ACCOUNT AND REGISTRATION OBLIGATIONS
(a) During the registration process you are also required to submit your personal information, which may include information relating to your name, identification number, location, email address, mobile number, etc. You agree that the information provided by you upon registration and at all times thereafter will be true, accurate, current and complete. You agree to maintain and update this information to keep it true, accurate and complete at all times while using Site and/or the Services.
(c) When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
3. SUBSCRIPTION SERVICES
The services by this Site are completely online. On activation of subscription, all the services by this Site are deemed to be started. Any subscriber can start using all the services provided by this Site instantly on activation of subscription.
4. REFUND AND CANCELLATION POLICY
Site assumes that on activation of subscription, the entire amount of subscription charges fee is consumed. User expressly understands and accepts that once service is activated, it is deemed that the user has started using services offered by this Site and money paid for such services cannot be claimed as refund
5. SITE AS A WEB-BASED PLATFORM
You agree that Valucircles is not responsible for and has not undertaken by virtue of this Agreement or by virtue of providing the Services for Perfios and CRIF HighMark. The Site is a web-based platform which enables its Users to check loan eligibility assessment, calculate Loan Probability Index (LPi), initiate loan with lenders, and track loan status. We do not directly or indirectly take part in the actual transaction that takes place between the Users and our lending partners and hence not a party to any contract negotiated between the Users and our lending partners. All such contracts or transactions concluded will be the responsibility of the Users only and this Agreement shall not be deemed to create any partnership, joint venture, agency or other joint business relationship between Valucircles and any other party. As Valucircles is not involved in the transactions entered into by the Users, you hereby release Valucircles and its agents, employees, third party content suppliers, content managers and related persons and entities from all refunds or warranties, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with transaction you undertake or conclude with the financial institutions.
6. LICENSE TO USE WEBSITE
We grant you a limited license to access and make personal use of Site, but not to modify it, or any portion of it, except with our written consent. This license does not include any resale or commercial use of the app or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extraction tools. Site or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent.
7. USE OF SITE
(a) You shall not use the Services on the Site for any illegal, unlawful or prohibited purposes (“ Prohibited Uses ”). In particular, the Services shall not be used for any illegal transactions or for the transmission of any offensive content pertaining to, without limitation:
i Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services;
ii Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne;
iii Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;
iv Body parts which includes organs or other body parts;
v Child pornography which includes pornographic materials involving minors;
vi Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
vii Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials;
viii Copyrighted software, which includes unauthorized copies of software, video games and other licensed or protected materials, including original equipment manufacturer or bundled software;
ix Drugs (other than the drugs that you as a User are entitled to sell or exhibit) and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms;
x Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items;
xi Gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content;
xii Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
xiii Illegal goods, which includes materials, products, or information promoting illegal goods or enabling illegal acts;
xiv Securities, which includes stocks, bonds, or related financial products;
xv Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments; and
xvi Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.
(b) Further, by accessing the Site or using the Services, you shall not:
i Use Site and/or Services for any purpose other than those uses specifically authorized or permitted by us;
ii Impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of other person without their permission, or perform any other similar fraudulent activity;
iii Infringe our or any third party's intellectual property rights, rights of publicity or privacy;
iv Post or transmit any message which is libellous, defamatory or which discloses private or personal matters concerning any person;
v Post or transmit any message, data, image or program which is pornographic in nature;
vi Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and Site or features that enforce limitations on the use of the Service;
vii Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof;
viii Use Site and/or Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner;
ix Breach these Terms or any other applicable policy;
x Provide false, inaccurate or misleading information;
xi Use Site to collect or obtain personal information, including without limitation, financial/confidential information, about other users of Site;
xii Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to us, a third party or you; or
xiii Host, display, upload, modify, publish, transmit, update or share any information that 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
xiv You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve Our right to bar any such activity.
xv You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the Services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
xvi You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Site, or any other User, including any account on the Site not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site.
xvii You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
xviii You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Site or any Service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
xx You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations, Statutes, Ordinances and Regulations regarding Your use of Our Service.
xxii Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
xxiii It is possible that other users (including unauthorized users and hackers)may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Site You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Site.
xxiv You also understand that Valucircles cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging.
It is understood and agreed that the above lists are not exhaustive, and have been provided for illustrative purposes only. In the event you use Site and/or the Services for any Prohibited Uses, we reserve the right to immediately, and without notice, suspend/delete your account and ban you from accessing Site in future.
8. YOUR CONTENT
You retain ownership of all content and information submitted by you using the Services (collectively “Your Content”). Therefore, you are responsible for Your Content and you must ensure that you have all the rights and permissions needed to use Your Content in connection with the Services.
You can remove your content by deleting it. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of Your Content. We are not responsible for any actions you take with respect to Your Content (collectively “Content”), including sharing it publicly. You acknowledge that Site does not initiate the transmission of any Content, select the recipient of the Content or select or modify the contents of any Content.
9. CHANGES TO SITE
In order to optimize and improve your experience, we may update Site from time to time, and may change the content, display or form at any time without prior notice. We do not guarantee that Site, or any content provided or displayed on it, will be free from errors or omissions. Further, we are under no obligation to update Site or any of the content provided on it.
10. COMMUNICATION POLICY
(a) By accepting the terms and conditions You accept that Valucircles may send alerts to the mobile phone number provided by You while registering for the service or to any such number replaced. You acknowledge that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then You may not get / get after delay any alerts sent during such period.
(b) You acknowledge that the SMS service provided by Valucircles is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the You observe any error in the information provided in the alert, Valucircles shall be immediately informed about the same and Valucircles will make best possible efforts to rectify the error as early as possible. You shall not hold Valucircles liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by You on account of the SMS facility.
(c) You also agree and acknowledge that Valucircles may call the mobile phone number provided by You while registering for the service or to any such number replaced and informed by You.
(d) Any Grievances and claims related to the Services rendered should be reported to Valucircles support team within 10 days of the cause of action.
12. LIMITATION OF LIABILITY AND DAMAGES
(a) We hereby expressly disclaim any and all warranties, express or implied of the financial institutions.
(b) We make no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided by the financial institutions.
(c) We assume no responsibility for damage to computers or software of the user or any person the user subsequently communicates with from corrupting code or data that is inadvertently passed to the Your computer.
(d) Any downloads from the Site is at your own risk. Site makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
(e) User views or banners or pop-ups or advertisements displayed and any interaction thereof is at your own risk.
(f) By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the Site to allow lawful viewing, User forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
(g) User waives all right to claims of damage if, for any reason, this site is not working temporarily, and showing errors, which includes but is not limited to, Site Not Working, Portions Not Available, Database Error, etc.
(h) In no event will Valucircles or its agents, partners 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 non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to
(i) this agreement,
(ii) the services, the site or any reference site, or
(iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if Valucircles or a Valucircles authorized representative has been advised of the possibility of such damages.
(i) This section 12 shall survive termination of this Agreement.
You agree that Valucircles, 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 Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Valucircles may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. Any suspected fraudulent, abusive or illegal activity in your account may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Valucircles may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
You hereby irrevocably covenant, promise and agree to indemnify this Site and to hold Valucircles and its agents, employees, content suppliers, affiliates and others related entities 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 your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein or from any and all claims and lawsuits for copyright, slander, libel, and trademark violation. Valucircles also reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Valucircles, including rights to settle, and you agree to cooperate with Valucircles defense and settlement of these claims. Valucircles 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 section 14 shall survive termination of this Agreement.
To the fullest extent permissible pursuant to applicable law, Valucircles and its third-party partners, licensors disclaim all warranties, statutory, express or implied. No advice or information, whether oral or written, obtained by you from Valucircles or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Valucircles” includes Valucircles officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the site. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site 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. Valucircles, and licensors, and partners do not warrant that the data, Valucircles software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Valucircles and its third party licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites 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 services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) 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 section 15 shall survive termination of this agreement.
16. OWNERSHIP AND PROPRIETARY RIGHTS
The Services and the Site are owned and operated by Valucircles 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 Services and the Site provided by Valucircles (the “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 Valucircles, all Materials, trademarks, service marks, and trade names contained on the Site are the property of Valucircles and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Valucircles 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 Services. Except as expressly authorized by Valucircles, 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. Valucircles reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Valucircles, and shall assign to Valucircles, all right, title and interest 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.
17. MODIFICATION OF THIS AGREEMENT
Valucircles reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time. The changes will become effective, and shall be deemed accepted by you and shall apply immediately on a going-forward basis. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, Valucircles may be required under applicable law to give you advance notice, and Valucircles will comply with such requirements.
Valucircles may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to Valucircles must be sent by courier or registered mail to Valucircles, B22 TVH Park Rozalia, 60 Anand Nagar, Thoraipakkam, Chennai – 600096
The failure of Valucircles to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Valucircles.
Valucircles may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim 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 arbitration shall be conducted in Chennai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Chennai, India, necessary to protect the rights or the property of you or Chennai (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
21. GOVERNING LAW AND FORUM FOR DISPUTES
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against Valucircles must be resolved by a court located in Chennai, India. You agree to submit to the personal jurisdiction of the courts located within Chennai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
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.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
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.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
26. ENTIRE AGREEMENT
This is the entire agreement between you and Valucircles relating to the subject matter hereof.