TERMS AND CONDITIONS OF SERVICE
 

Please read the following terms and conditions very carefully as your use of the services provided by this website is subject to your acceptance of and compliance with the following terms and conditions of services (General Terms and Conditions).

By subscribing to or using any of our services you agree that you have read, understood and are bound by the General Terms and Conditions, regardless of how you subscribe to or use the services. If you do not want to be bound by the General Terms and Conditions, you must not subscribe to or use our services. The General Terms and Conditions are binding as per the provisions of the Information Technology Act of 2000.

In the General Terms and Conditions, references to "you" or "your" or "User" shall mean the user accessing the Website, its contents and using the services offered through the Website; "Financial Institution" shall mean the User which lists its offers of providing money on credit on the Website ("Buyers Credit"); "End User" shall mean the User engaging with the Financial Institution for the purpose of seeking money on credit in order to conduct its business activities; and "we", "us", "our" "IndiaBuyersCredit.com" and "OFA" shall mean Online Fin Advisors Pvt. Ltd., a company incorporated under the Companies Act 1956 (CIN No. [U51900MH2007PTC172263]) having its registered office at [62A, Mittal Court, Nariman Point].


1. INTRODUCTION


1.1 The Website is an internet based content and e-commerce portal owned by Online Fin Advisors Pvt. Ltd., a company incorporated under the Companies Act, 1956.

1.2 Your use of this Website is expressly conditional upon you accepting and agreeing to the General Terms and Conditions of use without modification, and as may be varied by OFA and posted on the Website from time to time.

1.3 Your use of this Website will be considered as your deemed acceptance of the General Terms and Conditions.

1.4 OFA reserves the right to deny any User from registering on the Website without assigning any reason thereof.



2. VARIATION

2.1 "IndiaBuyersCredit.com" may, at any time, for any reason and without assigning such reason and without notice, make changes to 


(i) this Website, including its look, feel, format, and content; 


(ii) the services provided through the Website; and

 

(iii) these General Terms and Conditions as are available on the Website.


2.2 Any such modifications as provided for in Section 2.1 above will take effect from the time they are posted on the Website. Therefore, it is advisable for you to review this page regularly for the terms upon which access and use of this Website is conditioned each time you access the Website. By your continued usage of the Website upon such changes being posted, you will be deemed to have accepted such changes.



3.USER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to


(i) immediately notify IndiaBuyersCredit.com of any unauthorized use of your password or account or any other breach of security in relation to your account, and


(ii) ensure that you exit from your account at the end of each session. IndiaBuyersCredit.com cannot and will not be liable for any loss or damage arising from your failure to comply with the provisions of this Section 3.



4. SCOPE OF USE, ELIGIBITY AND SERVICES OFFERED

4.1 You are only authorized to view or use any portion of the content on the Website (including without limitation text, graphics, software, audio and video files and photos) ("Content") for the limited purpose of using the services of the Website or for any purpose that may constitute fair use under the laws of India.


4.2 Your registration for and/or use of the Website constitutes your representation and warranty that you have the right, authority and capacity to abide by all of the terms and conditions of these General Terms and Conditions and that your registration for and/or use of the Website will not violate, conflict with, or result in a breach of or default under 


(i) any agreement or other instrument by which you are bound or affected and


(ii) any applicable law to which you are subject.



4.3 All Users are required to use their real names and correct contact information. Usage of any incorrect, misleading, inaccurate, or false information may lead to disqualification of the User from using the services of IndiaBuyersCredit.com. In any case, you will promptly notify IndiaBuyersCredit.com on becoming aware about any information provided to IndiaBuyersCredit.com by you or another User that is or has become inaccurate, misleading or false.



4.4 Each User is solely and exclusively responsible for interactions with other Users, whether in person or online. Although IndiaBuyersCredit.com has built mechanisms by which it validates User identities. , However, as the Users interact with other Users upon their own volition and arrive at an agreement on the commercial terms on their own, in no event shall IndiaBuyersCredit.com be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with use of the Website, including without limitation: pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users (or any of them), or other persons you encounter in connection with the Website.



4.5 You hereby undertake to agree with our Privacy Policy. Further, you agree not to submit or transmit any information or material through the Website that: 


(i) is defamatory, threatening, obscene or harassing in nature,


(ii) contains a virus, worm, or any other intangible harmful component,


(iii) incorporates copyrighted or other proprietary material of any third party without that party's requisite permission or 


(iv) otherwise violates any applicable laws. 



IndiaBuyersCredit.com shall not be subject to any obligations of confidentiality regarding any information or materials that you submit on the Website or in connection with the Website except as specified in these General Terms and Conditions, or as set forth in any additional terms and conditions relating to the listings by the Users.



4.6 The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of IndiaBuyersCredit.com is strictly prohibited.



5. YOUR INFORMATION

5.1 "Your Information" is defined as any information you provide to us or other Users of IndiaBuyersCredit.com in the registration process, or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.



5.2 Please note that in accordance with the Information Technology Act, 2000 and its applicable rules thereunder in case of non-compliance with rules and regulations, General Terms and Conditions and the Privacy Policy in relation to the access or usage of our Website, we have the right to immediately terminate the access or usage rights of any User of our Website and remove any non-compliant information. Without limiting the generality and effect of the foregoing, you undertake that you shall not host, display, upload, publish, transmit or share any information that:


(i) belongs to another person and to which You do not have any rights;


(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,

 

pedophilic, libelous, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;



(iii) infringes any patent, trademark, copyright, trade secrets or other proprietary rights of any party or rights of publicity or privacy of any party; 


(iv) violates any law for the time being in force;


(v) deceives or misleads the other Users or any other addressee about the origin of such information;

 

(vi) impersonates another person;


(vii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or contains any other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;


(viii) 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.


(ix) is false, inaccurate or misleading;


(x) directly or indirectly, offers, attempts to offer any arrangement/bid, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.


(xi) may create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other service providers; and


(xii) directly or indirectly links to or include descriptions of offers/arrangements/bids that are concurrently listed for same or similar purposes on a website/computer application other than the Website;


5.3 Solely to enable IndiaBuyersCredit.com to use the information you supply us with, so that we are not violating any rights you may have in Your Information, you agree to grant us a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use Your Information, in any media now known or that may come into existence in future. IndiaBuyersCredit.com will only use Your Information in accordance with the General Terms and Conditions and IndiaBuyersCredit.com 's Privacy Policy.



5.4 In the event that any transaction or attempted transaction relating to Buyers Credit which is violative of these General Terms and Conditions or applicable law comes to your knowledge, you shall take all steps to inform IndiaBuyersCredit.com of the same. If you are a User, you may contact IndiaBuyersCredit.com at admin@indiabuyerscredit.com.



5.5 You shall at all times ensure full compliance with the applicable domestic laws, rules and regulations regarding your use of our service.



5.6 From time to time, you shall be responsible for providing information relating to the facilities offered or sought by you through the Website. In this connection, you undertake that all such information shall be accurate in all respects at all times and You shall not exaggerate on or hide any detail so as to mislead other Users in any manner.



6. PLATFORM FOR COMMUNICATION

The Website is only a venue where Users may meet, introduce each other and interact with one another for their proposed transactions. IndiaBuyersCredit.com is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:



6.1 All commercial / contractual terms are offered by and agreed to between the Financial Institution and the End User alone. IndiaBuyersCredit.com does not have any control or does not determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between the Users. 



6.2 IndiaBuyersCredit.com is not responsible for any non-performance or breach of any contract entered into between Users. IndiaBuyersCredit.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. IndiaBuyersCredit.com shall not and is not required to mediate or resolve any dispute or disagreement between Users.



6.3 IndiaBuyersCredit.com does not make any representation or warranty as to the specifics of any offer or query listed on the Website. In particular, IndiaBuyersCredit.com does not implicitly or explicitly support or endorse any listing on the Website. IndiaBuyersCredit.com accepts no liability for any errors or omissions in relation to any listing on the Website.



6.4 Although IndiaBuyersCredit.com has built mechanisms by which it validates User identities, IndiaBuyersCredit.com does not make any representation or warranty as to the identity of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. On Your specific written request, IndiaBuyersCredit.com may assist You to validate the identity of a User. 



6.5 You release and indemnify IndiaBuyersCredit.com, OFA and/or any of its officers, affiliates and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, IndiaBuyersCredit.com cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Users are advised to use caution and practice safe trading when using the Website as any transaction or interaction between the Users is entirely at their own risk. 



7. PAYMENT TERMS

7.1 Fee Structure- For the End User, joining IndiaBuyersCredit.com and listing its queries on the Website shall be free of cost for a period of 3 (three) months from the date of joining. However, after this initial period of 3 (three) months, IndiaBuyersCredit.com shall charge a subscription fee as per the fee schedule that will be disclosed once the portal is launched. You are advised to review the fee schedule regularly as IndiaBuyersCredit.com reserves the right to revise its subscription fees from time to time with prior intimation to the End User. For the Financial Institution, joining IndiaBuyersCredit.com and listing its offers on the Website is free of cost.



7.2 Payment Logistics- The subscription fee as mentioned in Clause 7.1 above shall be paid by the End User by way of a cheque or a demand draft in favour of OFA. Detailed payment logistics will be mentioned in the fee schedule. fill up a form with your relevant details. 



7.3 Termination and Refunds.-If a termination of the arrangement is arrived at between the Financial Institution and the End User, in accordance with their own independent agreement between them or for any other reason whatsoever, it will not have any bearing on IndiaBuyersCredit.com transaction fee due or already paid. Users acknowledge and agree that IndiaBuyersCredit.com's transaction fee shall not be refunded under any circumstances.



7.4 Privacy- Our privacy policy governs the handling, storage, and use of any information you submit to us, including billing information. Please see our privacy policy here .



8. FOR ADVERTISING RIGHTS

Users who wish to obtain advertising rights on the Website are required to separately execute an Advertising Agreement. 



9. INTELLECTUAL PROPERTY RIGHTS

9.1 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and which is so expressly mentioned, IndiaBuyersCredit.com owns all intellectual property rights to and into the Website, whether registered or not or whether capable of registration or not, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to IndiaBuyersCredit.com without obtaining prior written and express authorization from IndiaBuyersCredit.com.



9.2 Notwithstanding anything contained in Section 9.2 and subject to the provisions of Section 5.3 under these General Terms and Conditions, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide in relation to the service provided by the Website, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store in any form whatsoever.



10. LINK

The Website may contain links to other websites ("Linked Sites"). The Linked Sites may or may not be under the control of IndiaBuyersCredit.com and therefore IndiaBuyersCredit.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. IndiaBuyersCredit.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. IndiaBuyersCredit.com provides these links to you only as a convenience, and the inclusion of any link does not imply any endorsement by IndiaBuyersCredit.com of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own and at their own risk before placing any reliance on such information.



11. SPAMMING

You are prohibited from:

(i) collecting email addresses or other contact information of Users, through any means whatsoever, without authorization from IndiaBuyersCredit.com;


(ii) posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of unauthorized solicitation to other Users.

 

12. DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITY

12.1 IndiaBuyersCredit.com endeavours to and has endevoured to ensure that all information on the Website is correct. However, IndiaBuyersCredit.com neither warrants nor makes any representations to any User regarding the quality, accuracy or completeness of any data, information (including offers and queries) listed on the Website. In no event shall IndiaBuyersCredit.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:


(i) the use or the inability to use the services of the Website;


(ii) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the services on the Website including without limitation, damages for loss of profits arising out of or in any way connected with the use or performance of the Website. Neither shall IndiaBuyersCredit.com be responsible for the delay or inability to use the Website or services, the provision of or failure to provide the services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. 



12.2 IndiaBuyersCredit.com shall not be held liable for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to any technical reasons or for any reason beyond IndiaBuyersCredit.com 's control. The User understands and agrees that any material and/ or data downloaded or otherwise obtained through the Website is done entirely at its own risk and discretion and that IndiaBuyersCredit.com will not be responsible for any damage to the User's computer systems or loss of data that results from the download of such material and/ or data.



13. INDEMNITY

You agree to indemnify, defend and hold harmless IndiaBuyersCredit.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees) asserted against or incurred by IndiaBuyersCredit.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these General Terms and Conditions.



14. SEPARATE AGREEMENTS

You may execute or may have executed other agreements/policies with IndiaBuyersCredit.com. Those agreements/policies are separate and in addition to the terms given in these General Terms and Conditions. These General Terms and Conditions do not modify, revise or amend the terms of any other agreements/policies that you may have agreed to with IndiaBuyersCredit.com. 



15. USER DISPUTES

You are solely responsible for your interactions with other Users. IndiaBuyersCredit.com reserves the right, but has no obligation, to monitor disputes between you and other Users.

 

16. TERMINATION

16.1 IndiaBuyersCredit.com may suspend or terminate your use of the Website without any notice if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any provisions of these General Terms and Conditions or have otherwise acted in an unlawful or unethical manner. 


16.2 IndiaBuyersCredit.com may also terminate your use of the Website by providing a prior notice of 48 (Forty Eight) hours.


16.3 It is clarified that irrespective of the nature of termination as contemplated under Section 16.1 and 16.2, IndiaBuyersCredit.com shall not be liable to refund any transaction fee received from the Users and the Users agree that they shall not assert any claim in relation to IndiaBuyersCredit.com's transaction fee against OFA at any point in time.



17. GOVERNING LAW JURISDICTION

The General Terms and Conditions are governed by and constructed in accordance with the laws of India and any disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.



18. SEVERABILITY

If any provision of these General Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these General Terms and Conditions shall continue to be in full force and effect.



19. INQUIRIES AND CONTACT

All inquiries regarding a commercial relationship with IndiaBuyersCredit.com or relating to any aspect of the Website should be directed to: admin@indiabuyerscredit.com.