Effective 15 December 2009 (Please read carefully)
This Terms and Condition for Use of Crederity website and services is a legal agreement between you and Crederity Info Services Private Limited, a company incorporated under the Indian Companies Act, (hereinafter referred to as ‘Crederity’, ‘our’, ‘us’, ‘we’) providing, among other things, the terms and conditions for your use of Crederity’s identity and credentials verification including background, education, and employment history verification services ( the ‘Services’ or ‘Website services’), more fully described here.
Read the Terms and Conditions carefully. Your use of services on the Website means you are consenting to these Terms and Conditions.
These Terms and Conditions may be modified from time to time in Crederity’s sole discretion. Notice of all material changes to this Agreement will be posted in updates to this Agreement or on the Home Page as deemed appropriate. It is your responsibility to review these Terms and Conditions from time to time, If you continue to use the Crederity service after notice of changes has been intimated or published on our site, you thereby provide your consent to the changed practices.
If you are not agreeable to these Terms and Conditions, you may not use the Crederity Services.
1. Description of Crederity
Crederity is a new service that applies sophisticated technologies and programs to help people and businesses easily establish trust on the Internet. Crederity is an information facilitator enabling people and businesses to certify their own integrity and verify the details of others. Crederity has developed proprietary fact verification technologies enabling people to verify identity and credentials including background, education, and employment history. Crederity’s comprehensive suite of verification tools is used to confirm pertinent Trust Facts™, and award each verified user a Crederity Card and the Crederity Trust Seal. Individuals may use the services offered by Crederity to create a profile of verified credentials and other information and to safely promote their accomplishments online. Businesses may also use the service to create such profiles for their employees, potential employees, and other individuals, in cooperation with those people, and may also use the service to fulfill verification needs of their business.
2. Registration
To use the Website services, you may have to be registered and provide your name, email address and other details. Please see our Privacy Policy and practices on how your personal information would be used.
3. Authorized Users
You represent that you have read and understood, and that you agree to be bound by this Agreement. The Website services are available to individuals aged 18 years or older. By using the Website you represent that you are at least 18 years old.
4. Account Security
You are solely responsible for the confidentiality of any password and other account information that you create in order to access or use the Website. You agree to notify us immediately on any unauthorized use of your account, user name, or password. You also agree that Crederity is not liable in any manner for any loss that you may incur as a result of any third party using your password, either with or without your knowledge. You are solely liable for any losses incurred by Us, Our affiliates, officers, directors, employees, consultants, agents, and representatives due to mis-use of your account or password.
5. Use and Representations
In order to start using Crederity’s services, you must first register yourself and create your account with Crederity. If you register as an individual, use of Crederity’s services is granted only for your personal use. If you register as a business, your account entitles you to Crederity’s business services. If you are using a third party web site whose verification capabilities are enabled by Crederity’s web services, you will be asked to accept this agreement before an account can be created for you to allow verification processes to proceed. All personal information that you may provide Crederity, including but not limited to registration information (e.g., name, address, e-mail address), must be true, accurate, current and complete. In addition, you must also provide Crederity with updated registration information within thirty (30) days of any change. You represent that all of the information that you provide to Crederity is correct, and that you, if registering an account for a business, have the authority with respect to our business services, to enter into this Agreement.
6. Further representations
If you are an employer, or an authorized representative of an employer, you represent that you have the right to disclose and provide Crederity with your employee’s personal information and hereby agree to indemnify and hold Crederity harmless for any disclosure by you of such employee’s personal information. If you are an individual asking for the verification of another person then you represent that you have the right to disclose and provide Crederity with such person’s information and hereby agree to indemnify and hold Crederity harmless for any disclosure by you of such person’s personal information. Crederity is not obligated to seek consent of any person whose personal information is provided to Crederity. You warrant that you will not share the report provided by Crederity with any other person, through any medium, to the detriment of the interest of Crederity or any person including the verified.
7. Consent
Crederity is not obligated to seek consent of the person to be verified. We are facilitators for completing a verification process of the submitted facts. It is your responsibility to ensure that you have obtained consent from the person to be verified. Please ensure that such consent is available with you always. We may, at times, check such consents. Since it is the responsibility of the Registered users (the Employers and the Individuals) to obtain such consent and Crederity assumes that such consent is taken by the Employer and the Individuals before approaching Crederity for its services.
8. License
The website, features and content are the intellectual property of Crederity. Crederity gives you a non-exclusive, non-transferable, limited license to use Crederity’s service in accordance with these Terms of Use, Privacy Policy and the instructions and guidelines posted throughout the website. Crederity reserves the right to discontinue your license to use Crederity at any time and for any reason. If you breach any of these Terms of Use, we may immediately terminate your account and your authorization to use this service without notice to you in our sole discretion.
9. Privacy
Protecting our users’ privacy is very important to Crederity. By using Crederity, you agree to the Crederity Privacy Policy and practices, which from time to time may be updated. We recognize that when you choose to provide Crederity with information about yourself, you trust us to protect your information using standard industry practices. We have adopted a Privacy Policy to explain how we use your personal information. You should review our Privacy Policy at www.crederity.com/india/corp/privacy.html before providing any personal information via Crederity’s service. Crederity may change or amend the Privacy Policy from time to time in its sole discretion.
By accepting these Terms of Use, either in the registration process or by your use of Crederity’s service, and each time you use this website, you consent to Crederity’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then exists without any further notice or any liability to you or any other person.
10. Security
Crederity adopts standard industry security practices when safeguarding your information, which includes standard precautions and security features for data transmission, processing, and storage. See Crederity’s Security Profile at www.crederity.com/india/corp/security.html. You are encouraged to review the security information on Crederity’s website for more information on the measures Crederity takes to protect you.
11. Limitations on use of Website
Crederity shall strive to provide you great user experience on the Website for the services we offer. We cannot assure you of accessibility or availability of the Website at all times. You understand and agree to the following restrictions and limitations on your use of the Website, and further agree that any violation of these Terms of Use (including, but not limited to, the following restrictions and limitations) may result in the suspension or termination of your account and your ability to access all or any part of the Website. In addition, we may suspend your ability to use or access the Website at any time while we investigate complaints or alleged violations of these Terms of Use, or for any other reason within our sole discretion. The Website is provided solely for fact verification purposes and may not be used in connection with any form of detective or private investigators services.
12. Accuracy of Information
Some services on the Website permit or require you to create an account to participate in services offered, to access additional content, or to secure additional benefits. You must provide, maintain and update, at all times, accurate, complete, truthful and current information in response to all questions asked and requests made by our registration processes, and you will only use your own account to access the Website and any services we offer. You will not under any circumstances use the account, username, or password of someone else at any time. Some services require you to obtain consent of whom you are getting verified.
13. Restricted behavior and Content
You are bound by the rules of conduct set forth herein for use of the Website or any services offered by the Website. Your violation of the rules of conduct will constitute a breach of these Terms of Use, and we reserve our right to take any and/or all legal actions that may be available. We are facilitators / intermediaries for completing a verification process. It is your responsibility to ensure that you have obtained consent from the person to be verified.
14. Use of Software
Use of the Site may require you to use software provided by or operated from the Website, and on occasion we may make certain software available to you from the Website. To the extent you use such software or download such software from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") will be deemed to be licensed to you by us, for your personal, noncommercial use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
15. User Conduct
15.1. Compliance with Privacy, Intellectual Property and Other Laws
You shall adhere to the legal rights, privacy, reputation and intellectual property rights of Crederity, registered users and others, including third parties, when using the Website or its services. You shall be solely responsible for violations of any relevant laws, personal laws, or infringement of intellectual property rights caused by you by providing or transmitting, or that is provided or transmitted using your user account. The burden of proving that any content does not violate any laws or third party rights rests solely with you. You shall not submit, post, upload, transmit, display, communicate, or otherwise distribute any content in violation of any third party's privacy, reputation, personal rights, trade secrets or other intellectual property or proprietary rights.
15.2. Inappropriate Content
You will not submit, post, upload, transmit, display, communicate, or otherwise distribute any content that: (a) is libellous, defamatory, obscene, pornographic, abusive, or threatening, or that promotes hate, violence or unlawful discrimination; (b) advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) is intentionally designed to mislead, disparage or embarrass others, or that reveals private information about others without their consent; (d) violates any of the prohibitions set forth here-in or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your ability to provide and/or receive of any such material using the Website or our services, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
15.3. Prohibited Uses
You are prohibited from violating or attempting to violate any security features of any Crederity Website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of any Crederity Website or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or "scraping" tool) to monitor, access or copy any content from any Crederity Website; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, initiating or facilitating any "denial of service" attack, "flooding," "spamming," "mail bombing," or "crashing;" (e) using any our Website or servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using any our Website; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Website or our services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the Website.
15.4 Alleged Violations; Termination of Access
We reserve the right to terminate your use of any one or more of the Website at any time and for any reason (including for no reason). To ensure that we can provide a high quality experience for you and for other users of the Website, You agree that Crederity and Crederity representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Websites or the services we offer. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to Website immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of any our Website by others.
15.5 No warranties
We are making the Website and any services they provide available "as is" without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, each Website or the services it offers. The company expressly disclaims any and all warranties, express or implied, regarding the Website and our services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the Website or any services they offer will meet your requirements or that the operation of any Crederity Site or its services will be uninterrupted or error-free.
15.6. License Grant
By submitting, posting, uploading, transmitting, displaying, communicating, or otherwise distributing content to or through the Website, you are granting all rights to us and our licensees, distributors, partner websites, advertisers, agents, representatives and other authorized users a worldwide, perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all copyrights, patents, trademarks, trade secrets, privacy and publicity rights and other proprietary rights that you own or control in the content.
16. Liability
(a) We are not liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Website or any other materials or services provided to you by us. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. We may terminate your access to the Website or alter or delete the Website or their content or features at any time, in any way, and for any reason or no reason, at our sole discretion.
(b) Crederity is a network service provider, an intermediary providing the services as mentioned on the Website, and shall not be liable under the Information Technology Act, or any amendments and rules made there-under where your or third party information is made available to us and there is an offence or contravention committed without our knowledge or negligence.
17. Affiliated Sites
Our Site may be linked to the website of third parties, affiliates and business partners. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality for such websites or made available by / through our Website
18. Indemnity
You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website and / or its services, your violation of these Terms of Use, or your trespassing, infringement, or by any other user of your account, of any right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
19. No Warranties
THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICE INCLUDED IN OR AVAILABLE THROUGH CREDERITY ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE CREDERITY WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CREDERITY WEBSITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE CREDERITY WEBSITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY CREDERITY WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THERE ARE WELL-KNOWN RISKS INVOLVED IN OBTAINING OR USING ANY SERVICES THROUGH THE INTERNET. CREDERITY CAUTIONS YOU TO TAKE STEPS TO UNDERSTAND THE RISKS AND MEANS AVAILABLE TO AVOID OR LESSEN THE RISKS BEFORE OBTAINING OR USING ANY SUCH PRODUCTS OR SERVICES.
20. Copyright
All contents of the Website are subject to Copyright © owned by Crederity Info Services Private Limited and its licensors. All rights reserved. For more information (including any questions about reusing materials found on the Site), please contact us at info@crederity.com
21. Trademark
“Crederity”, “Trust Facts”, the “Crederity logo” and the patented term Trust Facts are intellectual properties of Crederity Info Services Private Limited.
22. No License
Nothing contained on the Website should be understood as granting you a license to use any of our trademarks, copyrights, service marks, or logos, or the trademarks, service marks, or logos owned by any third party.
23. Account Cancellation
You may cancel your account at any time by contacting us at info@crederity.com. Crederity may at any time and for any reason suspend or terminate your account. In the event of termination by you or Crederity, your account will be disabled and you will not be granted access to your account or any information or content contained in your account. This Terms of Use Agreement shall remain in full force and effect while you have an account with Crederity. Even after termination of your account with Crederity, certain provisions of this Terms of Use will remain in effect, including but not limited to, Intellectual Property Rights, Prohibited Activities and Indemnification.
24. Disputes and Governing Laws
Any dispute relating in any way to your visit to Crederity shall be submitted to arbitration in Bangalore, except that, to the extent you have in any manner violated or threatened to violate Crederity's intellectual property rights, Crederity may seek injunctive or other appropriate relief in any court in Bangalore, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the Arbitration and Conciliation Act, 1996. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
These Terms of Use and any contractual obligation between Us and You will be governed by the laws of India, subject to the Courts in Bangalore.
25. Severability; Waiver
If any provision of this Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Failure of Crederity to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other parties shall not in any way constitute a waiver of Crederity rights to subsequently enforce any provision of this Agreement against you or any other party.
26. Feedback
If you have feedback or ideas on how to make Crederity better, please email info@crederity.com. Note that by doing so, you grant Crederity and third parties permission to use and incorporate your ideas or comments into Crederity without further compensation, consent or approval.
27. Service Updates
From time to time, we may automatically release updates such as bug fixes or new features (“updates”). By using our services, you understand and acknowledge that such updates will take place, and reaffirm your agreement to abide by this Terms of Use Agreement with each update.
28. Changes to Terms and Conditions
Crederity may from time to time modify these Terms of Use. Using Crederity means you agree to the latest version of the Terms of Use which we can update at any time. If you do not agree, do not use our services and advise Crederity to terminate and delete your account.
29. Entire Agreement
This Terms of Use and the Privacy Policy referred to herein are the entire agreement between you and Crederity and supersede any other oral or written agreements.
30. Contact Information
If you have any questions concerning us, the Website, these Terms of Use, or anything related to any of the foregoing, we can be reached at the following email address or via the contact information available from the following hyperlink: info@crederity.com
Last Updated: 15 December, 2009
Questions regarding this Terms of Use Agreement should be directed to Crederity at info@crederity.com.