Terms and conditions
These Terms and Conditions of Use (the "Terms of Use") apply to the CreditMonitor web site located at https://www.creditmonitor.info/, and all associated sites linked to https://www.creditmonitor.info/. Creditmonitor is a brand and intellectual property of spocto Solutions Pvt Ltd, website linked to https://www.spocto.com/ by spocto, its subsidiaries and affiliates, including spocto sites around the world (collectively, the "Site"). The Site is the property of spocto Inc. ("spocto") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
spocto reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, spocto grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
ABOUT US
The Website is operated by spocto Solutions Private Limited (the “Company”) incorporated under Indian Companies Act, 2013 with registered office at Unit A, 6th Floor, Techniplex I, Techniplex Complex, Opp Veer Savarkar Flyover, Goregaon, Mumbai, MH 400062. Any reference to “you” or “your” or “user” refers to you as a user of the Website and the Services; and any reference to “we”, “our” and “us” shall refer to the Company as the provider of the Services.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to spocto, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without spocto’s express prior written consent.
Rules of conduct
Your use of CreditMonitor and any related spocto websites (spocto Websites) is subject to all applicable local, state, national and inter national laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage spocto Websites is a violation of criminal and civil laws. spocto reserves the right to seek damages from any such person to the fullest extent permitted by law.
You may not engage in any activity on spocto Websites that restrict or inhibit any other user from using or enjoying spocto Websites by “hacking,” “cracking,” “spoofing,” or defacing any portions of spocto Websites. You may not post or transmit through sPOCTO Websites advertising or commercial solicitations; promotional materials relating to the website or online services which are competitive with sPOCTO and/or sPOCTO Websites; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of sPOCTO Websites or contents. You may not harvest or collect information about website visitors without their express written consent.
DISCLAIMER OF WARRANTY
Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided "as is," with no warranties or guarantees whatsoever. spocto expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, spocto makes no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free.
You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services from this website, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
INTELLECTUAL PROPERTY RIGHTS; NO USE OF SPOCTO NAMES OR LOGOS
Unless otherwise indicated, the content on this Website is provided by us or another entity within the spocto Network.
Copyright, trademark, and other laws protect this Website and its contents. Our licensors and we reserve all rights not expressly granted in these Terms of Use.
The CreditMonitor logo, and local language variants of the foregoing trademarks, and certain product names that appear on this Website (collectively, the “spocto Marks ”), are trademarks or registered trademarks of entities within the spocto Network. Except as expressly provided in these Terms of Use or as expressly authorized in writing by the relevant trademark owner, you shall not use any spocto Marks either alone or in combination with other words or design elements, including, in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual, or any other form.
References to other parties trademarks on this Website are for identification purposes only and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use the trademarks of other parties.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will spocto be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this web site, or of any site or resource linked to, referenced, or accessed through this web site, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if spocto is expressly advised of the possibility of such damages. This exclusion and waiver of liability apply to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
ADDITIONAL TERMS
If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.
We may revise these Terms of Use at any time at our sole discretion by posting such revised Terms of Use at the Terms of Use link (i.e., this webpage that you are currently viewing) or elsewhere on this Website. Such revisions shall be effective as to you upon posting unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Use by checking this webpage. Your continued use of this Website following changes to these Terms of Use constitutes your agreement to the revised Terms of Use.
PROHIBITED CONDUCT
In using the Websites, you must not do any of the following:
- Post, transmit or otherwise make available through the Websites any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, Easter Egg, time bomb, spyware or other computer code, file or program (each, a “Virus”).
- Post, transmit or otherwise make available through the Websites any material protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Use the Websites for any commercial purpose or otherwise use the Websites for processing data or other information on behalf of any third party.
- Use the Websites for any purpose that is fraudulent or otherwise tortious or unlawful.
- Interfere with or disrupt the operation of the Websites or the servers or networks used to make the Websites available, including by hacking or defacing any portion of any of the Websites; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Websites.
- Create or share content without first obtaining any necessary permissions from third parties or otherwise use the Websites to post or transmit any information that you do not have the right to provide; that would violate any applicable law or regulation; or that would violate, infringe or misappropriate any third party right or interest.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Websites except as expressly authorised herein, without spocto’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of any of the Websites, except where such restriction is expressly permitted by applicable law.
- Remove or alter any copyright, trademark or other proprietary rights notice on the Websites or content you access via the Websites.
- Frame or mirror any portion of the Websites, or otherwise incorporate any portion of the Websites into any product or service, without spocto’s express prior written consent.
- Systematically download and store Websites’ content. For the avoidance of doubt, caching of the Websites is permitted by a service provider acting in the normal course of its business where permitted under applicable law, such as under the UK Electronic Commerce (EC Directive) Regulations 2002.
- Use any robot, spider, Websites search/retrieval application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Websites, (b) reproduce or circumvent the navigational structure or presentation of the Websites, or (c) harvest or collect information about users of the Websites without spocto’s express prior written consent.
If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Websites or take any other steps we consider appropriate.
THIRD-PARTY CONTENT
The Websites may contain links to websites and other materials made available by third parties (collectively, "Third Party Content"). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content.
Applicable copyrights, database rights, trademarks, patents, trade secrets or other proprietary rights and laws may protect Third Party Content. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Websites as set out in these Terms.
We neither control nor endorse, nor are responsible for, any Third Party Content and we make no representations or warranties with respect to them. The availability of any Third Party Content through the Websites does not imply the endorsement of, or affiliation with, any provider of such Websites or materials. Your use of any Third Party Content is at your own risk and is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy policies of the providers of the Third Party Content).
OTHER LEGAL PROVISIONS
Amendments
We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will only amend these Terms if the provisions in the Terms are no longer appropriate or if they are incomplete, and only if the changes are reasonable. The latest, fully-amended version of these Terms will be published on the Websites. You are responsible for regularly reviewing the Websites to obtain timely notice of such amendments. If you continue to use the Websites after the effective date of any amendment, you will be conclusively deemed to have accepted such amended versions of these Terms.
Privacy
Each of the Websites has a Privacy statement. You acknowledge that you have read the Privacy statement located on each of the Websites, as it may be updated from time to time (the "Privacy statement"). You further acknowledge that, to the extent required under applicable law, by using each such Website you consent to the collection, use, and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein.
Our Remedies
Without limiting any of our rights, we may suspend, restrict or terminate your use of the Websites (including your Account, if you are a Registered User), effective at any time, without notice to you if the operation or efficiency of the Websites or our or any third party's equipment or network is impaired by your use of the Websites; we have received a third-party complaint which relates to your use or misuse of the Websites; you have been or are in breach of any term or condition of these Terms; we are required to do so for legal reasons; or if we have other valid reason to do so. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Websites.
Enforceability
Your use of the Websites, and the content and features accessed through them, constitutes your agreement to these Terms; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.
No implied waiver
If you do not comply with these Terms, and we do not take action immediately, this does not mean we or any of the spocto Parties are giving up any rights that we/they may have (such as taking action in the future).
Limitation Period
Any cause of action you may have with respect to these Terms or the Websites must be commenced within one year after the claim or cause of action arose, or it will be barred.
Notices
Any notice, consent, waiver, approval, authorisation or other communication to be delivered in connection with these Terms.
Assignment
We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors, and permitted assigns.
Relationship
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Websites.
Entire Agreement
These Terms, as amended from time to time, including any and all documents, Websites, rules, Terms and policies referenced herein, including but not limited to the Privacy Statement, constitutes the entire agreement between us and you with respect to your use of the Websites.
English Language
The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English.
Severability
If a particular term is found to be unenforceable, this will not affect any other terms.
Applicable Law
The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by English law. The courts of India shall have exclusive jurisdiction over all disputes and claims arising out of or in connection with these Terms.