Terms of Service for CredCheck.Pro

Effective Date: 09-December-2023

Please carefully review these Terms of Service Agreement, as they establish a contractual agreement between you and CredCheck Pro, CredCheck.Pro, & its parent company (hereinafter referred to as “we” or “us”), owned by private limited company 32INTACT HEALTHCARE PRIVATE LIMITED, governing the use of and access to the Service(s) and Website by you, your Affiliates, Users, and End-Users. In case of any conflict between these Terms of Service and our Privacy Policy, these Terms of Service shall take precedence.

By accessing or utilizing the Service(s) or websites, or permitting any User or End-User to access or use the Service(s) or websites, you agree to abide by these Terms. If you are entering into these Terms on behalf of a company, organization, or another legal entity (referred to as an “Entity”), you are binding the Entity and its Affiliates to these Terms and affirming that you have the authority to do so. In such cases, the terms “You,” “Your,” or related capitalized terms herein shall refer to the Entity and its Affiliates. Additionally, you acknowledge that any calls/SMS solicited as part of using this site or our services will be facilitated through a third-party platform/service provider. If you lack such authority or do not agree with these Terms, you must decline them and refrain from accessing or using the Service(s) or websites.

1. ACCEPTANCE

The following Terms and Conditions, along with any other referenced terms and policies, constitute the agreement between CredCheck Pro (referred to as “CredCheck,” “we,” or “us”) and the user (referred to as “customer” or “you”). Both parties are collectively referred to as the Parties or each as a Party, bound by this agreement.

We own, or hold the relevant rights to, the Software and will license the use of the Software as a service to the customer. This agreement outlines the terms under which CredCheck Pro has agreed to grant a license to the customer to use the SaaS Services. The agreement becomes binding on any use of the Services and applies to the customer from the time CredCheck Pro provides access and usage of the Services from the Effective Date. By accessing and/or using the Services you:

• Warrant to us that you have reviewed this agreement, including our Privacy Policy (available on the Site), with your parent or legal guardian (if you are under 18 years of age), and you understand it well.
• Warrant to us that you have the legal capacity to enter into this legally binding agreement with us, or if you are under 18 years of age, you have obtained your parent’s or legal guardian’s permission to access and use the Site, and they have agreed to the Terms and Conditions provided hereunder on your behalf.
• Agree to use the Services in accordance with the terms outlined in this agreement.
• You are required to have attained 18 years of age to create a customer account with us. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create a customer account and/or use the Site, you agree to:
  • Provide all the required supervision over the Minor’s use of the Site and their account;
  • Assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their customer account;
  • Ensure user discretion that the content on the Site is suitable for the Minor;
  • Ensure all information submitted to us by the Minor is accurate; and
  • Provide, on behalf of the Minor, all the consents, representations, and warranties contained in these Terms and Conditions.

By using our Services and subscribing on our Site, you acknowledge that you have read, understood, and accepted this agreement. You affirm that you have the authority to act on behalf of any person or entity for whom you are using the Services, and you are deemed to have agreed to this agreement on behalf of any entity for whom you use the Services.

2. DEFINITIONS

1. “Agreement” signifies the contractual understanding between CredCheck Pro and the customer, facilitating the provision of Software as a service to the customer. This encompasses these terms and conditions (including the Schedules and Addendums) and the Statement of Services, along with any modifications to the agreement over time.

2. “Applicable Data Protection Law” – if your establishment is within the European Economic Area, this refers to (i) before May 25th, 2018, the Directive 95/46/EC addressing the protection of individuals concerning the Processing of Personal Data and the free movement of such data, and (ii) after May 25th, 2018, the EU Regulation 2016/679 (General Data Protection Regulation) and any relevant national laws enacted under it. For establishments in other territories, it pertains to data protection laws applicable in that specific territory.

3. “Authorized User” designates the user(s) authorized to utilize the SaaS Services and the associated content, including Data, produced by or as output from the SaaS Services as part of the customer’s services to its customers.

4. “Charges” represent the amounts payable by the customer to CredCheck Pro under or in connection with the agreement, as detailed in the Charges Schedule.

5. “Customer” refers to the definition ascribed to it in Clause 1 of Acceptance.

6. “Confidential Information” encompasses information or documentation, in any form, that:

7. “Data” encompasses all the information, documents, and other data provided by the customer or their personnel to CredCheck Pro, any content uploaded by the customer or personnel to CredCheck Pro’s System, or otherwise accessed by CredCheck Pro in providing the Services.

8. “Effective Date” denotes the date on which the agreement comes into force, as specified at the beginning of the agreement.

9. “Intellectual Property Rights” refers to all intellectual property rights worldwide, whether registered or unregistered, including any application or right of application for such rights. It includes copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semiconductor topography rights, and rights in designs.

10. “Schedule” designates a schedule attached to the agreement.

11. “Services” encompasses all the services provided or to be provided by CredCheck Pro to the customer under the agreement, including the Support Services.

12. “Support Services” refers to support and maintenance services provided or to be provided by CredCheck Pro to the customer.

13. “Upgrades” denote new versions of and updates to the Services incorporated from time to time, whether for the purpose of fixing an error, bug, or other issue in the Services or for enhancing the functionality of the Services.

3. INTERPRETATION

In this agreement, a reference to a statute or statutory provision includes a reference to:

The Clause headings provided do not impact the interpretation of the agreement.

The ejusdem generis rule will not be applied for the interpretation of this agreement.

In this agreement, unless the context otherwise requires:

4. THE PLATFORM

Upon the Effective Date, CredCheck Pro will provide the customer access to a Platform by creating an account. The customer can avail the Services by signing in through the customer login details associated with that account.

Subject to the limitations set out in this agreement, CredCheck Pro hereby grants the customer a non-exclusive license to use the Platform for the Permitted Purpose, enabling the customer to avail Services through any standard web browser/application.

The license granted by CredCheck Pro under Clause 2 is subject to the following limitations:

Except as mandated by applicable law or expressly permitted in the agreement, the license granted by CredCheck Pro under this Clause is subject to the following prohibitions:

The customer has no right to access the object code or source code of the Platform during or after the Term.

All Intellectual Property Rights in the Platform shall exclusively belong to CredCheck Pro.

The customer shall use all reasonable endeavors to prevent unauthorized access to the Platform using the customer’s account.

The customer must not use the Platform in any way that:

In the event of the loss or exposure of the customer’s login details to any unauthorized person, the customer must promptly inform CredCheck Pro about such loss or leaking of details.

5. SERVICES

Starting from the Effective Date and throughout the Term, CredCheck Pro undertakes to provide the Services in accordance with the terms outlined in this agreement.

CredCheck Pro reserves the right to modify or remove features of the SaaS Services periodically. In the event of a material alteration to the SaaS Services under this clause, CredCheck Pro will notify the customer with a notice of twenty (20) days, and the customer acknowledges that any material alteration is at the discretion of CredCheck Pro.

The Parties acknowledge that:

CredCheck Pro retains the right to reject any request related to the Services that it deems inappropriate, unreasonable, or illegal.

Regarding the customer’s use of the Services, the customer agrees NOT to:

The customer is solely responsible for any loss of data or attempted or actual access or use of the Services through the customer’s Account in violation of these Terms.

If CredCheck Pro informs the customer or their personnel that a specified activity or purpose is prohibited with respect to the Service, the customer will ensure an immediate cessation of use of the Service for such prohibited activity or purpose.

Access to Services:

Support Services and Upgrades – During the Term of the Services, CredCheck Pro will provide Support Services to the customer and may apply Upgrades to the Services/Platform, as per the agreement. The customer agrees that CredCheck Pro may, at any time, subcontract the provision of any of the Support Services without obtaining the consent of the customer.

6. CUSTOMER RESPONSIBILITIES AND OBLIGATIONS

The customer is obligated to furnish all necessary data and materials, as required by CredCheck Pro from time to time, to facilitate the provision of Services by CredCheck Pro.

At the customer’s expense and risk, the customer must:

• Provide all reasonable assistance and cooperation to CredCheck Pro to facilitate the efficient and timely supply of the Services.
• Make reasonable efforts to maintain the integrity of the Data.
• Permit CredCheck Pro and its personnel/vendors/affiliates/representatives reasonable access and permission to process the data/information provided by the customer to enable the provision of Services under this agreement.
• Ensure that the Services provided under this agreement are exclusive to the customer and not accessible to any unauthorized user.

The customer bears sole responsibility for the use of the Services under this agreement and must ensure that the Services are NOT used:

• To violate any Applicable Law or infringe on any person’s rights, including but not limited to Intellectual Property Rights.
• To transmit, publish, or communicate material that is defamatory, offensive, abusive, indecent, menacing, or unwanted.
• In any manner that damages, interferes with, or interrupts the supply of the Services.

The customer acknowledges and agrees that:

• The customer is responsible for the usage of Services by all end users, including its personnel and any authorized users.
• The use of the Services is at the customer’s risk.
• The customer is responsible for maintaining the security of its account and password. CredCheck Pro is not liable for any loss or damage resulting from the customer’s failure to comply with this security obligation.
• CredCheck Pro may alter or update the customer’s account logins and passwords, as well as the logins and passwords of any Authorized Users, at any time during the Term.
• The customer bears sole responsibility for all content posted and activity occurring under their account, including content posted by others with logins or accounts associated with the customer’s account.
• The customer will provide cooperation and reasonable assistance to CredCheck Pro for Upgrades to the Services, including reconfigurations or interface customizations.
• CredCheck Pro is entitled to initiate and seek available equitable or other remedies against the customer as a result of any breach by the customer or its authorized users of any provision of this agreement.

CredCheck Pro has the right (but not the obligation) to suspend access to any of the Services provided under this agreement without liability:

• If CredCheck Pro reasonably believes that the Services are being used in violation of the terms of this agreement or against any applicable statute.
• In compliance with any order issued by any governing authority or under the orders of the court.

7. BILLING, PLAN MODIFICATIONS AND PAYMENTS

Subscription Charges:

• Unless otherwise specified, all charges associated with your account (“Subscription Charges”) are due in full and payable in advance when you subscribe to the Service(s). The Subscription Charges are based on the Service Plans you choose and are payable in full until you terminate your account. A receipt will be provided upon each receipt of payment, and you can also obtain a payment receipt from within the Service(s).

Payment Methods:

• You can pay the Subscription Charges through your credit card or another accepted payment method specified in a Form. For credit card payments, the payment is due immediately upon receiving the invoice. You authorize us to bill your credit card upon subscribing to the Service(s) and any renewal thereof. For payments through other accepted methods, the payment is due within seven (7) days of the invoice date unless otherwise stated in a Form.

Renewal:

• Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent to the then-expiring Subscription Term. The Subscription Charges for any subsequent Subscription Term will be based on the standard charges for the Service Plan you have subscribed to, unless otherwise provided in any Form. Your credit card will be charged automatically unless you terminate your account. We may use a third-party service provider for payment processing, but they are not permitted to store, retain, or use your payment account information except to process the payment for us. You must notify us of any changes to your credit card or payment account information.

Refunds:

• Unless otherwise specified, all Subscription Charges are nonrefundable. No refunds will be issued for partial use or non-use of the Service(s). However, you may be eligible for a pro-rated refund of the Subscription Charges for the remainder of the Subscription Term if you terminate your account due to a material breach of these Terms by us.

Late Payments/Non-payment of Subscription Charges:

• We will notify you if we do not receive payment within the due date. If payment is not received within the specified time frame, we may charge interest for late payment, suspend your access to the Service(s), and/or terminate your account.

User Benefits:

• We may, at our sole discretion, offer you benefits such as discounts on Subscription Charges or extension in Subscription Term without extra payments. These benefits are specific to your account and the identified Service(s), are not transferable, and may have an expiry date, typically within twelve (12) months from the date of the offer.

8. OWNERSHIP

Upon acceptance of this agreement, the customer acknowledges irrevocably that, with respect to the licenses explicitly granted herein, they hold no ownership interest in the Services or materials provided by CredCheck Pro. CredCheck Pro retains complete rights, titles, and interests in the Services or materials it provides, including software, applications, login details, and any other materials, subject to any limitations associated with the intellectual property rights of third parties. CredCheck Pro explicitly reserves all rights not expressly granted under this clause.

This provision shall endure even after the termination of this agreement.

9. INTELLECTUAL PROPERTY RIGHTS

Ownership of Intellectual Property Rights (IPR): With the exception of the rights explicitly granted to You in this agreement, all title and interest in and to Our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights related to the Service(s), including the Websites and Applications (collectively referred to as “Intellectual Property Rights”), shall exclusively belong to and remain with us. We are the owner or licensee of all Intellectual Property Rights in Our Websites, as well as the content or material published on them. These works are protected by copyright laws and international treaties. Any use of the content on Our Websites for commercial purposes requires obtaining a license from Us or Our licensors. Additionally, We disclaim any intellectual property rights over the content You upload or provide to us for the purpose of availing services under this agreement.

Grant of License: The customer is prohibited from using Our product and service names, as well as logos used or displayed on the Services or Websites, which are Our registered or unregistered trademarks (collectively referred to as “Marks”). However, the customer may use such Marks solely to identify themselves as a user of the Services subscribed to under this agreement.

Reservation of Rights: All rights not expressly provided herein are reserved by Us. While We do not pre-screen content uploaded onto the SaaS Service, We reserve the right (but not the obligation) in our sole discretion to refuse or remove any content available via the Service that we deem inappropriate, illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s Intellectual Property Rights or this agreement.

Survival of Clause: This clause will persist beyond the termination or expiry of this agreement.

10. CONFIDENTIALITY

Confidentiality Obligations:

• CredCheck Pro commits to maintaining the confidentiality of the customer’s Confidential Information and will not disclose it to any third party, except as expressly permitted by this Clause or required to provide service to customer.
• CredCheck Pro will ensure the protection of the customer’s Confidential Information from unauthorized disclosure, employing a degree of care equivalent to that exercised for its own confidential information of a similar nature, which is at least a reasonable degree of care.

The customer’s Confidential Information may be disclosed on a ‘need to know’ basis by CredCheck Pro to its officers, employees, agents, insurers, professional advisers, vendors, and affiliates. However, any recipient must be bound in writing to uphold the confidentiality of the customer’s disclosed Confidential Information.

The provisions outlined in this Clause take precedence over any non-disclosure agreement previously entered into between the Parties. Any such prior agreements, entered before these Terms, addressing the confidentiality of customer data are rendered null and void concerning customer’s Confidential Data.

Exceptions: The obligations of the parties under this Clause will not apply to any material or information provided as an exception under the definition of Confidential Information, and no right or license is granted in such cases.

Survival of Clause: This clause remains effective beyond the termination or expiry of this agreement, ensuring the continued protection of the customer’s Confidential Information.

11. DATA PRIVACY AND SECURITY

Security of Customer’s Data: CredCheck Pro commits to employing appropriate technical and organizational measures to protect the Data provided by the customer. These measures are designed to ensure a level of security appropriate to the risk associated with processing the customer’s Data.

CredCheck Pro ensures that it shall process Service Data in accordance with Applicable Data Protection Laws and the Data Processing Addendum, both of which are incorporated as part of these Terms.

The customer acknowledges and agrees that CredCheck Pro may access or disclose information about the customer, Account, Users, or End-Users, including customer’s Data, in order to:

• Comply with the law or respond to lawful requests from the governing authority or legal process of any court.
• Protect CredCheck Pro’s rights or property, including the enforcement of the terms of this agreement or other policies associated with the services provided under this agreement.
• Act on good faith and belief that such disclosure is necessary to protect personal safety or avoid the violation of applicable statutes, laws, rules, or regulations.

12. GDPR SUPPORT

CredCheck Pro Features: CredCheck Pro’s products provide the convenience of enforcing your personal/company’s defined limitations/policies through the product itself. For instance, assistance with restricting the use of data by enabling or disabling specific product features. Similar requests can be directed to support@credcheck.pro.

Right to Portability: CredCheck Pro’s products directly assist in meeting ‘right to portability’ requests. Users with appropriate access rights can export all collected data from the product. Additional requests for obtaining existing data can be addressed by reaching out to support@credcheck.pro.

Access Control and Data Protection: CredCheck Pro’s products offer flexibility in controlling access and permissions, thus preventing unauthorized access and ensuring the protection of sensitive data. CredCheck Pro will assist in the permanent erasure of an individual’s data upon request. For similar requests, please contact support@credcheck.pro.

Security Measures: CredCheck Pro consistently evaluates and enforces security policies, utilizes dynamic access controls, verifies the identity of those accessing data, and implements protection mechanisms against data breaches.

Audit Trail Maintenance: CredCheck Pro’s products help maintain an audit trail, enabling you to provide evidence of appropriate actions taken on an individual’s request.

13. WARRANTIES

Mutual Warranties:

• The Parties affirm that they possess the requisite powers and authority to enter into this agreement. All necessary actions have been taken to execute, deliver, and fulfill their obligations under this agreement.
• The execution of this agreement is valid and binding on both Parties, enforceable in accordance with prevailing laws.
• Information exchanged between the Parties for the agreement is true, correct, and complete, free from any misleading aspects.
• The execution, performance, and compliance with the terms of this agreement will not violate any law, conflict with, breach, or constitute a default under any decree, order, or instrument binding either Party. No such decree, order, judgment, execution, claim, settlement, or other instrument exists against either Party.

Disclaimer of Warranty:

• All services, confidential information, and other technology or materials provided by CredCheck Pro to the customer are provided on an “as-is” basis, without any warranty, to the fullest extent permitted by applicable law. CredCheck Pro disclaims all other warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. CredCheck Pro, its subsidiaries, affiliates, suppliers, licensors, vendors, representatives, or affiliates do not warrant that the services provided under this agreement will be uninterrupted, error-free, or secure. Customers acknowledge the inherent risks in internet connectivity, which could result in the loss of privacy, data, confidential information, and property.
• Content on our websites is provided for general information only and is not intended to constitute advice. Customers must seek professional or specialist advice before taking any action based on the content on our websites. No information or advice obtained from us or through the services or websites shall create any warranty not expressly stated in these terms.

14. INDEMNITY, LIMITATIONS, AND EXCLUSIONS OF LIABILITY

Limitation of Liability:

• Except for the indemnification provided under this clause, CredCheck Pro’s maximum liability for any action arising under these terms and conditions, regardless of the form of action and whether in tort, contract, or other forms of liability, shall not exceed the fees paid by the customer during the term of this agreement. CredCheck Pro shall not be liable for indirect, special, incidental, or consequential damages of any kind, including lost data, lost profits, opportunities, or contributions, loss of use, goodwill, business interruption, cost of cover, or other pecuniary or non-pecuniary loss, even if CredCheck Pro has been advised of the possibility of such damages.
• CredCheck Pro shall have no liability or responsibility in the event of any loss or interruption in access to the services provided by CredCheck Pro under this agreement, due to causes beyond its reasonable control or foreseeability, such as the loss, interruption, or failure of telecommunications or digital transmissions and links, internet slowdown or failures. The parties agree to the allocation of risk set forth herein.
• To the maximum extent permitted by applicable law, CredCheck Pro’s aggregate liability and that of its affiliates, officers, employees, agents, suppliers, representatives, vendors, and licensors, relating to the services provided under this agreement, will not exceed an amount equal to the lower of the subscription charges paid by the client for the services to which the claim relates, prior to the first event or occurrence giving rise to such liability.

Indemnity by CredCheck Pro:

• CredCheck Pro shall indemnify and defend the customer against any third-party claims where the services provided under this agreement by CredCheck Pro infringe any copyright during the term of this agreement. CredCheck Pro will provide prompt notice of such a claim and offer information, reasonable assistance, and the sole authority to defend or settle the claim.
• In the defense or settlement of any claim relating to infringement arising out of services under this agreement, CredCheck Pro shall, in its reasonable judgment and at its option and expense:
  • Provide the customer with the right to continue using the services;
  • Replace or modify the services under this agreement to make them non-infringing while maintaining substantially equivalent functionality; or
  • If CredCheck Pro determines that the remedies in (i) or (ii) are not commercially reasonable, at its sole obligation, terminate the term of this agreement.
• CredCheck Pro shall have no liability to indemnify and defend the customer to the extent:
  • The alleged infringement is based on infringing information, data, software, applications, services, or programs created or furnished by or on behalf of the customer;
  • The alleged infringement is the result of a modification made by anyone other than CredCheck Pro; or
  • The customer uses the services other than in accordance with these Terms and Conditions or any documentation delivered by CredCheck Pro. This clause incorporates CredCheck Pro’s entire liability and Client’s sole and exclusive remedy for claims relating to infringement.

Indemnity by the Customer:

• The customer agrees to indemnify and hold harmless CredCheck Pro and 32INTACT HEALTHCARE PRIVATE LIMITED against all Liabilities and Claims arising out of or in connection with:
  • Any and all unauthorized use of the services provided under this agreement;
  • Authorized Users’ access or use of the services;
  • Breaches of any of the customer’s obligations as set out in this agreement;
  • Customer’s gross negligence or willful misconduct;
  • Actual or alleged use of the services in violation of the terms of this agreement or against applicable law, statute, order, directions, rules, regulations, by the customer or any of its Authorized Users.

Survival Clause: This clause shall survive post the termination or expiry of this agreement.

15. SUSPENSION AND TERMINATION

Duration of Agreement:

• This agreement shall remain in force for the subscription period availed by the customer.

Account Suspension and Termination:

• CredCheck Pro may suspend the customer’s account upon the expiry or non-renewal of the subscription term. In such cases, CredCheck Pro will retain any associated data for 12 months, after which the customer’s account will be permanently terminated, and all associated Service Data will be immediately and permanently deleted.
• Any free trial account will automatically be suspended after the expiration of the free trial period unless the subscription is renewed before the trial period ends. CredCheck Pro will retain any associated data for 12 months, and after that period, the customer’s account will be terminated, and all data will be permanently deleted. The customer also has the option to terminate the account before the expiry of the free trial period, resulting in the immediate and permanent deletion of all associated service data.

Liability for Suspension or Termination:

• CredCheck Pro shall not be liable to the customer, its authorized users, or any third party for the suspension or termination of the customer’s account or access to and use of the Services, if such action is in accordance with the terms of this agreement.

Termination of Paid Service Plans:

• CredCheck Pro may suspend access if there is late payment or non-payment of subscription charges.
• CredCheck Pro will notify the customer of any activities violating the terms, allowing a ‘cure period’ of 15 days at CredCheck Pro’s discretion to rectify the violations.
• Failure to rectify violations or if CredCheck Pro deems the breach irreparable will result in termination of the customer’s account. Associated data will be retained for 12 months from the termination date and then permanently deleted.

Payment Obligations Post-Termination:

• Upon the termination of the customer’s account or services, the customer must immediately settle any outstanding subscription charges unless waived by CredCheck Pro in writing.

Refund for Material Breach:

• If the account or services are terminated due to a material breach by CredCheck Pro, the customer may be eligible for a prorated refund of the subscription charges. The customer is required to provide CredCheck Pro with a notice of not less than 30 days, affording the opportunity to rectify any such breach.

Survival Clause: This clause shall survive post the termination or expiry of this agreement.

16. NOTICES

All notifications or communications specified in the Terms and Conditions of this agreement must be in writing and addressed to CredCheck Pro. Correspondence can be directed to CredCheck Pro’s physical address at 3/117 Vikas Nagar, Lucknow 226022, or via electronic mail at support@credcheck.pro, as applicable. Notices are considered delivered to the other party if confirmation of receipt is obtained through one of the following methods, based on availability or the most commercially viable option for the sender: electronic mail, registered or certified first-class mail with prepaid postage, or recognized courier delivery.

17. COMMUNICATIONS FROM CREDCHECK PRO

In addition to the communications outlined in this agreement, CredCheck Pro reserves the right to directly contact the customer via email to notify them:

• In the event of a violation of these Terms and Conditions, with updates to the T&C.
• If a particular activity or purpose is prohibited concerning the Service(s) provided under this agreement, prompting the customer to promptly discontinue the use of the Services for such prohibited activity or purpose.

18. FORCE MAJEURE

Neither Party to this agreement shall be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire, flood, tempest, earthquake, civil commotion, governmental action, Acts of God (Force Majeure) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website (including failures of internet or any public telecommunications network, hacker attacks, virus or other malicious software attacks, power failure) and/or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control.

If at any time during the term of this agreement the performance in whole or in part by any one of the Parties, of any obligation under this agreement is prevented or delayed by reasons mentioned above, the other Party shall not be entitled to terminate this agreement; neither shall any Party have any claim for damages against the other in respect of such non-performance or delay in performance, provided notice of the happening of any such event(s) is given by the affected Party to the other within thirty (30) days from the date of occurrence thereof.

19. ENTIRE AGREEMENT

This agreement, including all annexures, attachments, addendums, and schedules to this agreement, constitutes the entire agreement pertaining to the subject matter hereof and supersedes in their entirety all written or oral agreements between the Parties.

20. ASSIGNMENT

The customer is prohibited from assigning any rights and obligations outlined in these Terms and Conditions or transferring any licenses established herein, whether through operation of law, change of control, or any other means, without the prior written consent of the Service Provider. Any attempt to assign these Terms and Conditions, licenses, or rights in violation of this section will be considered void. The Service Provider retains the right to assign, either wholly or partially, its rights, interests, and obligations under these terms without any limitations.

It’s important to note that any services delivered to the customer through CredCheck Pro’s affiliates, vendors, representatives, or contractors will not be deemed as an assignment for the purposes of this clause.

21. SEVERANCE

If any provision in these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by Applicable Law, and the remaining provisions of these Terms and Conditions shall remain in effect.

22. WAIVERS

No waiver by either Party of any of their terms hereof or of any breach thereof shall constitute or be deemed to be a waiver of any such terms or of any breach in any other case whether prior or subsequent thereto.

23. REVISIONS

CredCheck Pro may amend these Terms and Conditions from time to time, in which case the new Terms and Conditions will supersede prior versions. The customer is required to check these Terms and Conditions from time to time to take notice of any changes made hereunder, as the same shall be binding upon the customer. CredCheck Pro will notify the customer not less than seven (7) days prior to the effective date of any amendments to these Terms and Conditions and the customer’s continued use of the Service(s) following the effective date of any such amendment may be relied upon by CredCheck Pro as customer’s acceptance of any such amendment. CredCheck Pro’s failure to enforce at any time any provision of these Terms and Conditions does not constitute a waiver of that provision or of any other provision of the Terms and Conditions.

24. RELATIONSHIP OF PARTIES

This agreement is not intended to create a partnership, joint venture, or agency relationship between the Parties.

25. SUBCONTRACTING

The customer acknowledges and agrees that CredCheck Pro may enlist subcontractors to carry out the Services on its behalf.

• CredCheck Pro reserves the right to involve third parties, including, but not limited to, employees of CredCheck Pro’s affiliates, representatives, vendors, agents, or contractors in fulfilling its obligations and services under this agreement. For the purposes of these Terms and Conditions, any mention of CredCheck Pro or its employees will be understood to encompass such affiliates, representatives, vendors, agents, or contractors.

26. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

This agreement shall be interpreted in accordance with the laws of India, and any dispute or claim arising under this agreement shall be exclusively subject to the jurisdiction of Uttar Pradesh, India, and the Court of Lucknow.

Any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or validity thereof, shall be initially resolved through arbitration following the Rules for Arbitration within the jurisdiction of the State of Uttar Pradesh. The decision rendered in arbitration shall be deemed final and binding upon the parties. Despite the foregoing, CredCheck Pro reserves the right to file a lawsuit in any court for the infringement of its proprietary or intellectual property rights.

27. NON-SOLICITATION

The customer, during the term of this agreement, shall not solicit or entice away any person or organization that was an actual or prospective client, employee, contractor, vendor, affiliate, representative, agent of, or developer to, CredCheck Pro.

In the event of a violation of this provision, CredCheck Pro shall be entitled to liquidated damages against the customer equal to two hundred percent (200%) of the solicited person’s gross annual compensation. This clause shall remain in effect for 5 years post the termination or expiry of this agreement.

28. FOR USE OF CREDCHECK PRO

Data Export: If you wish to export Service Data or permanently delete Service Data upon termination of your CredCheck Pro Account, you can send a request to support@credcheck.pro.

User Deletion: You may also request the deletion of a User by writing to support@credcheck.pro. For business continuity purposes, deleting a User from your Account does not remove business-specific organization-owned data created or modified by such User during their use of your Account. We recommend that you remove the User’s Personal Data before deleting (or requesting the deletion of) such User. In the event a deleted User’s Personal Data remains in the Account, it will be anonymized within the Service.

Data Retention: We strongly recommend that you export all Service Data before terminating your CredCheck Pro Account. Following the termination of your Account, either by you or CredCheck Pro, Service Data will be retained for a period of 30 days from such termination, during which you may contact us to export Service Data. Beyond this Data Retention Period, we reserve the right to delete all Service Data in the normal course of operation. Service Data cannot be recovered once it is deleted.