Effective 15 December 2009 (Please read carefully)
This Terms and Condition for Use of iCrederity website and services is a legal agreement
between you and iCrederity Info Services Private Limited, a company incorporated
under the Indian Companies Act, (hereinafter referred to as ‘iCrederity’, ‘our’,
‘us’, ‘we’) providing, among other things, the terms and conditions for your use
of iCrederity’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 iCrederity’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
iCrederity 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 iCrederity
Services.
1. Description of iCrederity
iCrederity is a new service that applies sophisticated technologies and programs
to help people and businesses easily establish trust on the Internet. iCrederity
is an information facilitator enabling people and businesses to certify their own
integrity and verify the details of others. iCrederity has developed proprietary
fact verification technologies enabling people to verify identity and credentials
including background, education, and employment history. iCrederity’s comprehensive
suite of verification tools is used to confirm pertinent Trust Facts™, and award
each verified user an iCrederity Card and the iCrederity Trust Seal. Individuals
may use the services offered by iCrederity 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 iCrederity 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 iCrederity’s services, you must first register yourself
and create your account with iCrederity. If you register as an individual, use of
iCrederity’s services is granted only for your personal use. If you register as
a business, your account entitles you to iCrederity’s business services. If you
are using a third party web site whose verification capabilities are enabled by
iCrederity’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 iCrederity, 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 iCrederity with updated registration
information within thirty (30) days of any change. You represent that all of the
information that you provide to iCrederity 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 iCrederity with your employee’s
personal information and hereby agree to indemnify and hold iCrederity 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 iCrederity with such person’s information
and hereby agree to indemnify and hold iCrederity harmless for any disclosure by
you of such person’s personal information. iCrederity is not obligated to seek consent
of any person whose personal information is provided to iCrederity. You warrant
that you will not share the report provided by iCrederity with any other person,
through any medium, to the detriment of the interest of iCrederity or any person
including the verified.
7. Consent
iCrederity 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 iCrederity
assumes that such consent is taken by the Employer and the Individuals before approaching
iCrederity for its services.
8. License
The website, features and content are the intellectual property of iCrederity. iCrederity
gives you a non-exclusive, non-transferable, limited license to use iCrederity’s
service in accordance with these Terms of Use, Privacy Policy and the instructions
and guidelines posted throughout the website. iCrederity reserves the right to discontinue
your license to use iCrederity 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 iCrederity. By using iCrederity,
you agree to the iCrederity Privacy Policy and practices, which from time to time
may be updated. We recognize that when you choose to provide iCrederity 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.icrederity.com/india/privacy.html before providing any personal
information via iCrederity’s service. iCrederity 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 iCrederity’s service, and each time you use this website, you consent to iCrederity’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
iCrederity adopts standard industry security practices when safeguarding your information,
which includes standard precautions and security features for data transmission,
processing, and storage. See iCrederity’s Security Profile at www.icrederity.com/india/corp/security.html. You are encouraged to review
the security information on iCrederity’s website for more information on the measures
iCrederity takes to protect you.
11. Limitations on use of Website
iCrederity 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 iCrederity, 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 iCrederity 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 iCrederity 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 iCrederity 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 iCrederity and iCrederity 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 iCrederity 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) iCrederity 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 iCREDERITY 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 iCREDERITY WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT)
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
iCREDERITY 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 iCREDERITY WEBSITE, INCLUDING, WITHOUT
LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED
TO FROM ANY iCREDERITY 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. iCREDERITY 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 iCrederity 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 [email protected]
21. Trademark
“iCrederity”, “Trust Facts”, the “iCrederity logo” and the patented term Trust Facts
are intellectual properties of iCrederity 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 [email protected].
iCrederity may at any time and for any reason suspend or terminate your account.
In the event of termination by you or iCrederity, 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 iCrederity. Even after termination of
your account with iCrederity, 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 iCrederity shall be submitted to
arbitration in Bangalore, except that, to the extent you have in any manner violated
or threatened to violate iCrederity's intellectual property rights, iCrederity 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 iCrederity 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 iCrederity 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 iCrederity better, please email [email protected].
Note that by doing so, you grant iCrederity and third parties permission to use
and incorporate your ideas or comments into iCrederity 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
iCrederity may from time to time modify these Terms of Use. Using iCrederity 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 iCrederity 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 iCrederity 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: [email protected]
Last Updated: 15 December, 2009
Questions regarding this Terms of Use Agreement should be directed to iCrederity
at [email protected].