Terms and Conditions
This Terms of Use Agreement was last updated: September 18, 2022.
Acceptance of Terms - PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.
The terms and conditions set forth herein ("Terms of Use") and the Privacy Policy (https://www.chqbook.com/privacy) constitute a legally binding agreement between “you” and Nineroot Technologies Private Limited(“Chqbook”) and its affiliates including Chqbook Insurance Broking Private Limited. Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading, or using the Chqbook website located at chqbook.com, chqbookinsurance.com, and all associated sites linked to them, or the Chqbook mobile application or any similar platform (hereinafter collectively, the Chqbook Platform run by Nineroot Technologies Private Limited and its affiliates (hereinafter collectively referred to as “Chqbook”) on any device and/or before availing any services (hereinafter referred to as “Chqbook Services”) offered by Chqbook on the Chqbook Platform.
For the avoidance of doubt, it is clarified that these terms and conditions enunciated herein, shall apply to all the Chqbook Services, being officially offered by Chqbook or its affiliates, independently or in accordance with an association with its partner(s). The expression Partner(s) shall include and refer to the existing Partners of Chqbook and its future partner(s) with whom Chqbook may have an association through a written agreement or an engagement or a memorandum of understanding (“MOU”) or association in any other form and manner as may be mutually agreed between the Parties, in accordance with the existing laws, rules and regulations applicable thereto.
These Terms of Use contain provisions that define your limits, legal rights, and obligations with respect to your use of and participation in:
1. The Chqbook Platform, including the classified advertisement(s), forum(s), various email function(s) and Internet link(s), and all content(s) and Chqbook services available through the domain and sub-domains of Chqbook.
2. The online transaction(s) between those users of the Chqbook Platform who are offering services (each, a "Service Professional") and those users of the Chqbook Platform who are obtaining services (each, a "Service User") through the Chqbook Platform (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Chqbook Platform, including users who are also contributors of video content(s), information(s), private and public message(s), advertisement(s), and other material(s) or Service(s) on the Chqbook Platform.
3. The Chqbook Platform is/are currently owned and operated by Chqbook. You acknowledge that the Chqbook Platform serves as a venue for the online distribution and publication of user-submitted information between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Chqbook Platform, including the Services presented, promoted, and displayed on the Chqbook Platform, and by clicking on "I have read and agree to the terms of use," you hereby certify that: (1) you are either a Service Professional or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Chqbook Platform, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein (5) you agree to receive call(s) and/or receive mobile sms(es) and/or WhatsApp message(s) or notification(s) in relation to the services offered by Chqbook. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Chqbook Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Chqbook Platform immediately. You agree to provide your explicit consent to Chqbook to fetch your data from the third-party service provider(s) or any other credit bureaus.
ELIGIBILITY
YOU SPECIFICALLY AGREE THAT BY USING THE CHQBOOK PLATFORM, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT. All references to "you" or "your," as applicable, shall mean the person that accesses, uses, and/or participates in the Chqbook Platform in any manner. If you use the Chqbook Platform or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your'' herein shall refer to that business.
You agree and authorize Chqbook to make your details available to its partner banks/financial institutions/insurance company(ies) while facilitating your request of credit card, loans, insurance products, opening/closure of current account(s), etc. and that you may be contacted by Chqbook or/and its partner institutions for information through email(s), telephone, WhatsApp message(s) and/or notification(s) and/or SMS(es).
By registering on, accessing, browsing, or using the Chqbook Platform for any purpose(s) or for the specific purpose(s) of availing any Chqbook Service, You agree to be bound by the service-specific terms and conditions applicable to each Chqbook Service. These T&Cs shall also include any additional or modified terms and conditions in relation to the existing Chqbook Services or the future service(s) that may be offered by Chqbook on the Chqbook Platform.
By registering on, accessing, browsing, or using (as applicable) the Chqbook Platform or availing of any Chqbook Service, You, automatically and immediately agree to all the T&Cs.
If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Chqbook Platform and immediately terminate availing the Chqbook Services.
All services are rendered by Chqbook through the Chqbook Platform. Consequently, all the rights, benefits, liabilities, and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Chqbook, regarding Your use of Chqbook Services, from time to time.
Chqbook Services shall be used/availed by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Chqbook grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use Chqbook Platform and/or avail of the Chqbook Services.
Purchase of any insurance product through the Chqbook Platform by You is purely voluntary and is not linked to availing of any other facility(ies)/ service(s)/ product(s) from Nineroot Technologies Private Limited and its affiliate entity(ies).
CURRENT ACCOUNT
You hereby consent that you are a resident Indian and are 18 years of age and above, who provide your details in the Digital Current Account application for opening the NSDL Payments Bank account offered by NSDL Payments Bank Limited.
You are not an existing customer of NSDL Payments Bank.
You hereby consent that this application is available for opening a current account by Resident Indian Individuals only.
You understand that the Current Account opened through this channel is intended for a single user only, and cannot be held jointly.
By initiating the journey and providing your details, you agree to the terms and conditions of the Bank pertaining to the Current Account.
By visiting the Chqbook Application for opening NSDL Payments Bank Current Account and sharing all information, you consent to provide your name, contact details, and other information on an at-will basis with Bank & you hereby consent that you are solely responsible for the data made available for opening the account.
You authorize NSDL Payments Bank to call on the given number to explain the features of the product.
The account is opened on the basis of your consent and submission of the Aadhar Card. The bank is authorized to fetch the personal details from the database of UIDAI from your Aadhar Number provided to the Bank, using OTP-based authentication, which will be used for KYC purposes. You are responsible or liable for any incorrect information that may appear in the data provided by you. The bank is neither responsible nor liable for any error in the information provided by you. The opening of the account will be confirmed only after I confirm/enter the OTP number received to your mobile number linked to and available in the Aadhar database.
You hereby provide your consent to the Bank for pulling out your Credit Bureau report to confirm if you hold any Cash Credit/Overdraft facility/Term Loan currently with any other Bank. You also authorize the bank to use your credit bureau report/score to check your profile for other business purposes.
You confirm that the Aadhaar e-KYC and the PAN Card shown during the Video KYC process belong to you and are the same person as captured from your live image.
Bank shall not be liable for any connectivity/signal/data issues leading to non-completion or wrong/false/incomplete information being provided by you leading to the incompletion of your application.
Bank shall not be liable for loss or distortion of data during transmission, technical fault, or error during the opening of the account, for any reason whatsoever.
You herewith agree to provide his/her valid Aadhaar number and valid PAN Card details. You understand that opening an account is subject to correct, complete, and accurate information being provided.
You agree that your name in the account will be the same name as appearing in your Aadhaar Card/Pan Card as per your selection. In case of any mismatch in Name on Aadhaar & Name on PAN, you hereby state and declare that you are known by both the names and that both the names belong to you. You request you therefore to open the account with your Bank as per the details filled by you and accept the documents furnished by you in support thereof. You agree to abide by all the terms & conditions of the bank as are applicable for the opening & operation of the said account. You state that without prejudice to the bank’s other right in law or under the terms & conditions or otherwise, you shall be liable to pay compensation to the bank, which may be incurred or suffered by the Bank upon the bank opening the account as requested by me.
You agree that the Date of Birth is captured from Aadhaar, however in case the year is only captured in Date of Birth, then the date of birth needs to be captured from PAN.
You hereby authorize the Bank to verify your PAN online through the website of the Income Tax Department.
Application once submitted cannot be withdrawn by you. The Bank shall not be liable to pay for any costs (technical / data plan related or otherwise) incurred by you in the course of the downloading or sharing of your details on the application.
You confirm to have read, understood, and will be bound to/abide by the Terms and Conditions of account opening and the general terms applicable to the account as available on NSDL Payments Bank’s website.
You confirm having read, understood, and hereby agree to be bound by the terms & conditions which govern the opening of the account(s) with NSDL Payments Bank Limited and various services including but not limited to Phone Banking, Debit Cards, Mobile Banking, Net Banking, Email Statements, etc.
You hereby agree to provide the accurate documentation and information as listed in the app for the purpose of account opening. You understand that failure to provide required documentation and information shall result in rejection of the application by the Bank. You agree that Bank has every right to reject the account opening application, if there is any erroneous, incomplete, or misleading information provided by you or for any other reason whatsoever with / without assigning any reason or if KYC documents submitted do not comply with the KYC norms of the Bank.
This account opening process is also not available for the customer who are FATCA reportable. Such customers are requested to approach the branch and to comply with the requirement of opening an account. Bank reserves the right to take necessary action, legal or otherwise if it finds any willful modification / withholding of information or misrepresentation by you.
You shall not enjoy the services provided by the bank unless your onboarding process is complete.
You declare and confirm that the Bank shall be entitled to rely on all / any communication, information, and details provided on the electronic form, and all such communications, information, and details shall be final and legally binding on You.
You understand and confirm that the Bank has every right to close or debit freeze the account if the details provided by him / her are found to be inaccurate, incorrect, or false by the Bank or for any other reason whatsoever without assigning any reason thereof. In such an event, the bank shall not be liable to pay any interest on the amount of deposit & the refund of the amount deposited in the account will be refunded to the source account / or issue a Demand Draft to You. In such an event, the bank will retain the documents / Photographs (if any) and any other signed document submitted.
You give consent to the Bank to fetch your demographic details from the Unique Identification Authority of India (UIDAI), using Aadhaar OTP authentication which will be used for KYC purposes. The demographic details include name, DOB, Father’s Name, gender, address, and photograph. You further consent to the Bank to fetch your contact details from UIDAI which includes the contact number and email ID.
You authorize the Bank to link the Tokenized Aadhaar number provided with the current account opened by them under this process.
The Bank reserves the right to cancel the Customer ID and Account Number (A/C) allotted to you if you do not complete the verification process within the allotted time of 15 days.
The Bank reserves the right to hold the accounts in Debit Freeze or close the Account even after account activation in case of any discrepancy found as part of regular monitoring and document verification activities.
You agree to provide the necessary details (Location, Mobile, Email, etc,) as per your requirement at the time of submission of details through the Video KYC link/App. The bank shall not bear any liability for any loss arising out of your failure to do so.
You herewith agree to be contacted by the bank to receive information in respect of account maintenance, alerts, payments due, updates on existing and new products, servicing of account for sales, marketing or servicing their relationship with NSDL Payments Bank Limited and its group companies / associates or agents through Telephone/Mobile/SMS/Email, etc. Further, you understand that the consent to receive calls / communications shall be valid and shall prevail over their current or any subsequent registration of their mobile number for NDNC and shall continue to be treated your consent / acceptance.
You herewith agree that if the application is rejected, Bank will retain the documents / photographs and any other signed documents submitted by you on the Web app or otherwise.
You herewith undertake to complete your full KYC by undertaking a video-based KYC validation process.
You undertake to complete the Video KYC process within 72 hours of filling in profile information and in case you fail to complete the same for any reason whatsoever Bank shall have exclusive discretion to close your account.
You agree that the account will be put under a total freeze, till such time that You complete the full Video KYC processes and fulfill the internal audit requirements.
If KYC documents submitted by You during the Video KYC process do not match with or any the discrepancy found therein after validation thereof with the original KYC documents updated by You on the journey in that case Bank shall have exclusive discretion to reject the application.
You agree and undertakes that if You could not complete your Video KYC process validation process or the said process is dropped midway due to technical, systematic, or server errors / issues or other operational issues, in that case, you will be permitted to complete the Video KYC process again to enable You to have your account opening process completed. You also agree and undertakes that even if You completes your Video KYC process for account opening but the Bank is unable to access the KYC validation data / information collected under the Video KYC process due to some technical, systematic, or server errors / issues, or any other issue which are beyond the control of the Bank, in that case, Bank has exclusive right to ask You to visit its nearest branch or RM for undertaking physical KYC validation process for completion of your account opening process.
You agree and acknowledges that the Bank shall not be held liable or responsible in any manner whatsoever in respect of any loss, cost, or damage incurred by You due to any technical, systematic, or server errors/issues, or any other issue that occurred while undertaking Video KYC process, which is beyond the control of the Bank or any costs (technical/data plan related or otherwise) incurred by You.
All accounts should maintain the stipulated average balance based on the product variant.
In case of non-maintenance of the stipulated average balance, charges, as outlined in the Schedule of Charges from time to time will be applicable. Your communication address mentioned during the Video KYC process is complete & correct in all aspects and can be considered for your account opening with the bank through the Video KYC process.
It is your / our responsibility to inform the bank in case credit facilities availed from the banking system by you exceeds INR 5 crores or more.
You hereby agree to be contacted by the bank to receive information in respect of account maintenance, alerts, payments due, updates on existing and new products, servicing of account for sales, marketing, or servicing your relationship with NSDL Payments Bank Limited and its group companies / associates or agents through Telephone / Mobile / SMS / Email etc.
You understand that the consent to receive calls / communications shall be valid and shall prevail over their current or any subsequent registration of your mobile number for NDNC and shall continue to be treated as your consent / acceptance.
Standard Terms & Conditions
Current Account - Terms & Conditions:
As a Current Account Holder, you are subject to the below Terms and Conditions (T&C):
Account opening/service provision: All services, including the opening of the account, are subject to verification of information/documents provided by you.
Services: All services will be provided by NSDL Payments Bank on a best effort basis. The complete list of services available to you will be available on www. nsdlbank.com.
Fees & Charges: Fees and Charges will be applicable on your account and for other services availed by you, as described in the Schedule of Charges and on the website www.nsdlbank.com. GST and other statutory imposts as applicable from time to time will be levied on all fees. Change in Fees & Charges and Services: Any change/discontinuation of Fees & Charges and Services will be intimated to you at least 30 days in advance through letter/SMS/website/email or other means.
Recovery: If no funds are available in the account to pay fees/charges, you authorize NSDL Payments Bank to set off any available credit, including amounts flowing into the account from collection proceeds or any deposits.
Inoperative Account: No transactions induced by me in the account for a period of 2 years or more is treated as an Inoperative account.
Account Freeze: You state that all the credit facilities availed by you as declared in the application are true and up to date in all respects. Bank has the right to act on the account by marking, freezing, or closing the account, if the information found is incorrect, without giving prior notice to you. You hereby voluntarily give your consent to extract the information available in Credit Information Companies (CICs), National E-Governance Services Ltd. (NeSL), etc. to compute your aggregate exposure for the purpose of opening a Current Account as per RBI Guidelines.
Account Closure: You authorize the bank to close your account, with intimation to you, in case the bank is not able to verify your identity/obtain the necessary documentation either because you don’t cooperate or if the data/information provided by you is not reliable.
Transactions: Any instructions to NSDL Payments Bank regarding the account, both of a financial/nonfinancial nature (eg: Issuance of Cheque Book/card, financial transactions, updation of personal details, etc.) will be provided by you through the authorized channels only, which will be specified by the bank, based on regulatory guidelines prevailing at that time. NSDL Payments Bank is not expected to act on instructions that do not come in through the authorized channels but reserves the right to act upon its discretion to provide such facilities under extraordinary circumstances.
Channel facilities: All channel facilities provided by NSDL Payments Bank including Debit Cards, ATM Cards, Internet Banking, etc. are subject to specific guidelines that are provided on the website. NSDL Payments Bank is not liable for fraud in the event that you disclose sensitive information such as passwords, PINs, or IDs to anybody. You also undertake to inform the bank immediately in case of loss of Debit Card(s) linked to your account.
Debit Card: The usage of the Debit card will be in accordance with the Exchange Control Regulation and in the event of any failure, the cardholder will be liable for action under the Foreign Exchange Management Act 1999 and the amendments thereof stipulated by the Reserve Bank of India.
Disclaimer for NSDL Payments Bank Internet Banking: “I acknowledge that the issue, usage of NSDL Payments Bank Internet Banking facility is governed by terms & conditions in force from time to time as set forth on the www. nsdlbank.com and agree to abide by the same. I am aware that NSDL Payments Bank Limited does not seek any information relating to log-in ID/Password in any form including through e-mails from its customers. I further agree and confirm that NSDL Payments Bank shall not be liable for any losses arising from your sharing/disclosing of login ID, password, cards, card numbers, or PIN (Personal Identification Number) to anyone, nor shall make claims on the bank for any unauthorized use. I shall take all precautions to protect my/our account details so as to avoid any unauthorized use.”
Personal Information:
a) Any updation of your details including personal information, change of address, etc. will be provided by you to the bank, along with the documents of proof within 2 weeks. You agree to indemnify NSDL Payments Bank for any fraud, loss, or damage, due to your providing the wrong information or not updating the information that may occur to me and to NSDL Payments Bank and based on which the bank may act as true and correct.
b) All information provided by you of any nature (including personal & sensitive information) will be used in the provision of services or facilities, facilitation of transactions, providing information and updates (including value-added services), research and analytics, credit scoring, verification, participating in telecommunication or electronic clearing network as may be required by law/customary practice by the bank.
c) All information provided by you of any nature (including personal & sensitive information) can be shared with agencies / service providers who have an agreement with NSDL Payments Bank for business purposes and on a need-to-know basis. NSDL Payments Bank shall always strive to comply with the rules and regulations as applicable from time to time in this context in accordance with the bank’s Privacy policy. If you intend to revoke your consent to the sharing of the data, the products / services available to me, pursuant to the consent provided earlier, shall no longer be available to me, and I shall be required to initiate closure of such products / services.
d) The bank may disclose information about your account, if required or permitted by law, rule, or regulations, or at the request of any public or regulatory authority or if such disclosure is required for the purpose of preventing frauds, or in the public interest, without the specific consent of the account holder.
“Customer Declaration”
You hereby provide your consent to the NSDL Payments Bank and/or Nineroot Technologies Private Limited for sharing any of your sensitive and personal information collected from you either by the Bank or Nineroot Technologies Private Limited to each other for the purpose of Account Opening and for facilitating the Banking Services through Nineroot Technologies Private Limited’s Application.
You hereby acknowledge and agree that the Accounts opened in your name are to be operated/managed through the Mobile Application named as Chqbook. You hereby expressly consent to and authorize NSDL Payments Bank to share the Information furnished by you or collected under your authorization including and not limited to your Personal/Sensitive, Transaction details and such other information with Nineroot Technologies Private Limited.
You hereby confirm that you have read and understood the privacy policy of NSDL Payments Bank Limited <https://nsdlbank.com/privacy_policy.php> and Nineroot Technologies Private Limited < https://www.chqbook.com/privacy/> and agree to proceed with the application”
Additional Information: All relevant policies including Code of Commitment to You and Grievance redressal policy are available at the branches. Each depositor in a bank is insured up to a maximum of INR 5,00,000 (Indian Rupees Five Lakh)(as on July 27, 2022) for both principal and interest amount held by him in the same right and same capacity as on the date of liquidation / cancellation of bank's license or the date on which the scheme of amalgamation / merger / reconstruction comes into force. The guidelines/procedures of RBI for Deposit Insurance and Credit Guarantee Corporation (DICGC) can be accessed here https://m.rbi.org.in/scripts/FAQView.aspx?Id=64.
Limited Liability of a Customer:
a) You shall be liable for the entire loss occurring due to unauthorized transactions in cases where the loss is due to your negligence such as where you have shared the payment credentials until you report the unauthorized transaction to the bank. Any loss occurring after the reporting of the unauthorized transaction shall be borne by the bank.
b) In cases where the responsibility for the unauthorized electronic banking transaction lies neither with the bank nor with you and lies elsewhere in the system and when there is a delay (of four to seven working days after receiving the communication from the bank) on the part of you in notifying the bank of such a transaction, the per transaction liability for me shall be limited to the transaction value or the amount mentioned as Maximum Liability of a You defined under respective guideline, whichever is lower.
FATCA-CRS Terms and Conditions: The Central Board of Direct Taxes has notified on 7th August 2015 Rules 114F to 114H, as part of the Income-tax Rules, 1962, which require Indian financial institutions such as the Bank to seek additional personal, tax, and beneficial owner information and certain certifications and documentation from all our account holders. In relevant cases, information will have to be reported to tax authorities/appointed agencies/withholding agents for the purpose of ensuring appropriate withholding from the account or any proceeds in relation thereto. Should there be any change in any information provided by you, please ensure you advise us promptly, i.e., within 30 days. If you have any questions about your tax residency, please contact your tax advisor.
Standard Terms & Conditions
Annexure III - Terms & Conditions post entering PAN, Aadhaar & Registered Mobile Number.
1. You understand that you have no objection to authenticating yourself with Aadhaar based authentication system and voluntarily consent to provide your Aadhaar number, Biometric and/or One Time Pin (OTP) data (and/or any similar authentication mechanism) for the purposes of seeding the new account with NPCI mapper to enable you to receive Direct Benefit Transfer (DBT) including LPG Subsidy from Govt. of India (GOI) to your new account.
2. You hereby state that you have no objection in authenticating yourself with Aadhaar based authentication system and consent to providing your Aadhaar Number, Biometric, and/or (One Time Pin) OTP data (and/or any similar authentication mechanism) for Aadhaar Based authentication for the purposes of availing of the Banking Service from NSDL Payments Bank Limited.
3. You understand that the Biometric and/or (One Time Pin) OTP (and/or any similar authentication mechanism) you may provide for authentication shall be used only for authenticating your identity through the Aadhaar Authentication system for that specific transaction and for no other purposes.
You understand that NSDL Payments Bank Limited shall ensure security and confidentiality of your personal identity data provided for the purpose of Aadhaar based authentication.
4. You submit your Aadhaar number and voluntarily give your consent to:
• Use your Aadhaar Details to authenticate me from UIDAI.
• Use your Registered Mobile Number in the bank records for sending SMS alerts to you.
• Link the Aadhaar Number to all your existing/new/future accounts and your profile (CIF) with your Bank.
You understand that your information submitted to the bank herewith shall not be used for any purpose other than mentioned above.
You hereby declare that all the above information voluntarily furnished by you is true, correct, and complete.
5. The bank may disclose information about your account, if required or permitted by law, rule, or regulations, or at the request of any public or regulatory authority, or if such disclosure is required for the purpose of preventing frauds, or in the public interest, without the specific consent of the account holder/s.
6. If in case you do not wish to open an account through Aadhaar based authentication process, you can open an account by submitting a physical account opening form along with your full KYC documents by visiting the nearest NSDL Finance Bank branch.
Annexure IV - VCIP Consent.
VCIP consent to be taken prior to initiating of Video KYC process.
1. You hereby state that you have no objection in authenticating yourself with a video-based customer identification process (“V-CIP”). Further, you expressly consent to and authorize the Bank (whether acting by itself or through any of its service providers, and whether in an automated manner or otherwise), to do and undertake any of the following, in relation to your application details including your photograph, personal data and sensitive information about me, information, papers and data relating to know your you (KYC), credit information, and any other information whether about you or not as may be deemed relevant by the Bank (collectively, “Information”) for the purpose of opening a current account via V-CIP:
a. to use devices and/or software, including the app, to record and capture your Information, interactions inclusive of audio calls, video calls, chats, and online activity and which will be used for the Information verification and Purposes;
b. to collect the information from you and other physical or online sources including accessing the same from credit information companies, information utilities, websites, databases and online platforms (whether public or not); to get the authenticity, correctness, adequacy, etc. of the Information verified from any sources and persons including from online databases; and to act for and on your behalf for such accessing, collecting or verifying of the Information including using your login and password credentials on the online platforms; such collection, access, and verification may be done without any notice to me;
c. process Information including by way of storing, structuring, organizing, reproducing, copying, using, profiling, etc. as may be deemed fit by the Bank;
d. to store the Information for such period as may be required for the contract, by law or for the Bank’s evidential and claims purposes, whichever is longer;
e. to share and disclose the information to service providers, consultants, credit information companies, information utilities, other banks and financial institutions, affiliates, subsidiaries, regulators, investigating agencies, judicial, quasi-judicial, and statutory authorities, or to other persons as may be necessary in connection with the contractual or legal requirements or in the legitimate interests of the Bank or as per the consent;
f. any of the aforesaid may be exercised by the Bank for the purposes mentioned above, for the purposes of credit appraisal, fraud detection, anti-money laundering obligations, for entering into the contract, for direct marketing, for developing credit scoring models and business strategies, for monitoring, for evaluating and improving the quality of services and products, for other legitimate purposes or for any purposes with consent.
2. You expressly agree to and subject you to the automated processing, automated profiling, and to automated decision making by or on behalf of the Bank.
3. You expressly agree to the Bank and/or its affiliates for using the Information and for cross-selling to me their various products and services from time to time.
4. You hereby confirm that you have read and you hereby accept the Privacy Policy of NSDL Payments Bank Limited (“Bank”) available at the NSDL Payments Bank Website.
Explicit Declaration:
• You are an Indian Citizen & pay taxes only in India
MODIFICATIONS TO TERMS OF USE
Chqbook reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with the legal and regulatory framework and for other legitimate business purposes, at any time, and Chqbook will post notice of the changes and the amended Terms of Use at the domain www.chqbook.com and www.chqbookinsurance.com. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Chqbook Platform following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Chqbook Platform.
LICENSE TO ACCESS
Chqbook hereby grants you a non-exclusive, revocable license to use the Chqbook Platform. Chqbook Platform as set forth in the Terms of Use; provided, however, that:
1. You will not copy, distribute, or make derivative works of the Chqbook Platform. Chqbook Platform in any medium without Chqbook's prior written consent.
2. You will not alter or modify any part of the Chqbook Platform other than as may be reasonably necessary to use the Chqbook Platform for its intended purposes; and
3. You will otherwise act in accordance with the terms and conditions of the Terms of Use and in according to all applicable laws.
MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Chqbook Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge, and agree that you are at least 18 years of age, and that:
1. All registration information that you submit is truthful and accurate,
2. You will maintain the accuracy of such information, and
3.
You are solely responsible for safeguarding your Chqbook password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Chqbook immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without Chqbook’s permission.
You agree that you will not misrepresent yourself or represent yourself as another user of the Chqbook Platform and/or the Services offered through the Chqbook Platform. You hereby expressly acknowledge and agree that you yourself and not Chqbook will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account.
4. Notwithstanding the foregoing, you may be liable for the losses of Chqbook or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User”.
5. You acknowledge and agree that you shall comply with the following policies (the "Account Policies").
6. You will not copy or distribute any part of the Chqbook Platform in any medium without Chqbook's prior written authorization.
7. Before you enter into a contract of insurance, you have a duty under the law to disclose every matter that you know or could reasonably be expected to know, that is relevant to the insurer’s decision whether to accept the risk of insurance and if so, on what terms. You have the same duty to disclose those matters before you renew, extend, vary or reinstate a contract of insurance.
8. If you fail to comply with your duty of disclosure, the insurer may be entitled to repudiate or reduce its liability under the contract in respect of a claim or may cancel the contract. If your nondisclosure was fraudulent, the insurer may also have the option of voiding the contract from the beginning (i.e., treating it as if it never existed).
9. Information regarding the full extent of your duty of disclosure is contained in your policy wording and should be read carefully at any point in your insurance transaction including when your policy is renewed, extended, varied or reinstated.
10. Every contract of insurance is subject to the doctrine of utmost good faith, which requires that the parties to the contract should act toward each other with the utmost good faith. Failure to do so on your part may prejudice any claim or the continuation of cover provided by Insurers.
11. You will not alter or modify any part of the Chqbook Platform other than as may be reasonably necessary to use the Chqbook Platform for its intended purpose.
12. You will provide true, accurate, current, and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current, and complete.
13. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Chqbook Platform for any purpose without Chqbook's prior written approval.
14. You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Chqbook Platform information or content, including but not limited to, use on a "mirrored", competitive, or third-party site.
15. You shall not in any way that transmit more request messages to the Chqbook servers, or any server of a Chqbook subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that theoperators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Chqbook reserves the right to revoke these exceptions either generally or in specific cases.
16. You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with Chqbook without express written permission from Chqbook.
17. You shall not take any action that (i) unreasonably encumbers or, in Chqbook's sole discretion, may unreasonably encumber the Chqbook Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Chqbook Platform or any third-party participation in the Chqbook Platform; or (iii) bypasses Chqbook's measures that are used to prevent or restrict access to the Chqbook Platform. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Chqbook Platform, nor to use the communication systems provided by the Chqbook Platform for any commercial solicitation purposes.
18. You agree and acknowledge that for undertaking any financial transactions through the Chqbook’s Platform, Chqbook may undertake client/customer due diligence measures and seek information required for know your client (KYC) purposes which as a customer you are obliged to give, while facilitating your request of insurance requirements with the insurers, in accordance with applicable prevention of money laundering laws and rules.
19. You agree to ensure that any payment of insurance premium is remitted only through a legally permitted mode of payment and subject to arrangements made by the insurers for collection of the same.
20. Insurance is a subject matter of solicitation and the insurance policy issued to you is based on your contract with the insurer. The insurer underwriting the particular insurance product purchased/serviced through the Chqbook Platform is solely responsible for settling any claim thereunder or taking any decisions on claim settlements. By its operation of the Chqbook Platform or otherwise, Chqbook is only acting in the capacity of an insurance broker and does not, in any circumstances, underwrite any insurance business or partake in the conduct of insurance business.
OTHER TERMS AND CONDITIONS:
a. Additional terms and conditions may apply in order for You to avail specific Chqbook Services and to specific portions or features of the Chqbook Platform. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age or legally qualified to use or participate in such service or feature.
b. Chqbook may make changes to any Chqbook Services offered on the Chqbook Platform, or to the applicable terms for any such Chqbook Services, at any time, without notice. The materials on the Chqbook Platform with respect to the Chqbook Services may be out of date, and Chqbook makes no commitment to update the materials on the Chqbook Platform with respect to such Chqbook Services.
EXPERIAN
I hereby appoint Chqbook as my authorized representative to receive my credit information from Cibil/Equifax/Experian/Highmark (bureau). I hereby unconditionally consent to and instruct the bureau to provide my credit information to me and Chqbook on a month-to-month basis. I understand that I shall have the option to opt-out/unsubscribe from the service. By submitting this form, you hereby authorize Chqbook to do all of the following in connection with providing you the Services:
· Verify your identity and share with our Credit bureaus required personally identifiable information about you.
· Request and receive your Credit report, and credit score from our Credit bureaus, including but not limited to a copy of your consumer credit report and score, at any time for so long as you have not opted out or unsubscribed from this service.
· Share your details with banking and other partners in order to assist you to rectify and remove negative observations from your credit information report and increase your chances of loan approval in the future.
· To provide you with customized recommendations and personalized offers of the products and services of Chqbook and/or its business partners/affiliates.
· To send you information/personalized offers via email, text, call or online display or other means of delivery in Chqbook's reasonable sole discretion. Retain a copy of your credit information, along with the other information you have given us access to under this Authorization, for use in accordance with Credit Score terms of use, Terms of Use and Privacy Policy.
ADDITIONAL POLICIES
Your access to, use of, and participation in the Chqbook Platform are subject to the Terms of Use and all applicable Chqbook regulations, guidelines, and additional policies that Chqbook may set forth from time to time, including without limitation, a copyright policy, and any other restrictions or limitations that Chqbook published on the Chqbook Platform (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria, or Additional Policies, Chqbook, in its sole discretion may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
MEMBER CONDUCT
1. PROHIBITIONS ON SUBMITTED CONTENT
2. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Chqbook Platform, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Chqbook Platform, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way.
3. Is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school; invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent; contains falsehoods or misrepresentations that could damage Chqbook or any third party; is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive.
4. Incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate.
5. Is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Chqbook all of the license rights granted herein; contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture-installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right.
6. Is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so.
7. Intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on Chqbook Platforms or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Chqbook employee, agent, manager, host, another user, or any other person though any means.
8. Advertises or solicits a business not related to or appropriate for the Chqbook Platform (as determined by Chqbook in its sole discretion).
9. Contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement.
10. Contains advertising for Ponzi schemes, discount cards, credit counseling, online surveys or online contests.
11. Distributes or contains viruses or any other technologies that may harm Chqbook, or the interests or property of Chqbook users.
12. Contains links to commercial services or Chqbook Platforms, except as allowed pursuant to the Terms of Use.
13. Is non-local or irrelevant content.
14. Contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Chqbook.
NO DISCRIMINATION
DISCRIMINATORY POSTINGS
Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Chqbook will not knowingly accept any Posting which is in violation of the law. Chqbook has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.
PROHIBITIONS WITH RESPECT TO SERVICES
While using the Chqbook Platform you shall not:
1. Post content or items in any inappropriate category or areas on the Chqbook Platform;
2. Violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
3. Fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional's identity;
4. Fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other user’s postings;
5. Circumvent or manipulate our fee structure, the billing process, or fees owed to Chqbook; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Chqbook Platform user);
6. Take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Chqbook Platform or using it for purposes unrelated to the Chqbook Platform).
FEEDBACK
As a participant in the Chqbook Platform, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback:
(a) threatening to leave negative or impartial Feedback for another user unless that user provides services notincluded in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
SANCTIONS FOR INAPPROPRIATE USE OF FEEDBACK
If you violate any of the above-referenced rules in connection with leaving Feedback, Chqbook, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
REPORTING INAPPROPRIATE USE OF FEEDBACK
You may contact Chqbook regarding any inappropriate use of Feedback via-email at support@chqbook.com
RESOLVING DISPUTES IN CONNECTION WITH FEEDBACK
In the event of any dispute between users of the Chqbook Platform concerning Feedback, Chqbook shall be the final arbiter of such a dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE CHQBOOK PLATFORM CONCERNING FEEDBACK, CHQBOOK HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM. The foregoing lists of prohibitions provide examples and are not complete or exclusive. Chqbook reserves the right to (a) terminate your access to your Account, your ability to post to this Chqbook Platform (or the Services), and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Chqbook determines is inappropriate or disruptive to this Chqbook Platform or to any other user of this Chqbook Platform and/or Services. Chqbook reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Chqbook deems appropriate in Chqbook's sole discretion. Chqbook may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Chqbook's discretion, Chqbook will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Chqbook Platform or on the Internet.
Chqbook does not and cannot review every Posting posted to the Chqbook Platform. These prohibitions do not require Chqbook to monitor, police or remove any Postings or other information submitted by you or any other user.
RULES FOR SERVICE PROFESSIONALS
1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.
2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT CHQBOOK FEES:
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) offer a catalog or a link to a third-party Chqbook Platform from which Service Users or any Registered User or user of the Chqbook Platform may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through Chqbook to purchase the Service or any other service outside of Chqbook; (f) use their Profile page or user name to promote services not offered on or through the Chqbook Platform and/or prohibited services. In case we realize that any professional is involved in any of the above activities, Chqbook holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.
3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL CHQBOOK PLATFORM USERS:
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by Chqbook as approved payment methods; (b) include links that do not conform to Chqbook's policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting.
4. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS:
If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, Chqbook, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a canceled Posting; and/or (e) decrease the Service Professional's status earned via the Feedback page.
NO CONFIDENTIALITY
The Chqbook Platform may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Chqbook does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Chqbook Platform is provided on a non-proprietary and non-confidential basis.
You agree that Chqbook shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e., a doctor or a lawyer) is not extended to Chqbook. Chqbook may also disclose user information including personal information if Chqbook reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Chqbook’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
YOUR REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Chqbook to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Chqbook Platform and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Chqbook Platform and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Chqbook Platform.
YOUR OWNERSHIP RIGHTS AND LICENSE TO CHQBOOK
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Chqbook for posting on the Chqbook Platform, you hereby grant, and you represent and warrant that you have the right to grant, to Chqbook a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Chqbook Platform and Chqbook's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Chqbook Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Chqbook Platform a nonexclusive license to access your Submitted Content through the Chqbook Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Chqbook Platform and under these Terms of Use. The foregoing license granted by you terminate once you remove or delete the Submitted Content from the Chqbook Platform.
You acknowledge and understand that the technical processing and transmission of the Chqbook Platform, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your Submitted Content from the Chqbook Platform at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
CHQBOOK'S DISCLAIMERS AND RIGHT TO REMOVE
Chqbook does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Chqbook expressly disclaims any and all liability in connection with all Submitted Content. Chqbook reserves the right to remove any Data or Submitted Content without prior notice. Chqbook will also terminate a user's access to the Chqbook Platform, if he or she is determined to be a repeat infringer.
A repeat infringer is a Chqbook Platform user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Chqbook Platform more than twice. Chqbook also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Chqbook may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
You acknowledge and understand that when using the Chqbook Platform, you will be exposed to Submitted Content from a variety of sources, and that Chqbook is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Chqbook with respect thereto, and agree to indemnify and hold Chqbook, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Chqbook Platform.
You are solely responsible for the photos, profiles, information and other content, including, without limitation, Submitted Content that you publish or display on or through the Chqbook Platform, or transmit to other Chqbook Platform users. You understand and agree that Chqbook may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Chqbook Platform users or others.
MODIFICATION OR CESSATION OF CHQBOOK PLATFORM
Chqbook reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Chqbook Platform (or any part thereof) with or without notice and in its sole discretion.
You agree that Chqbook shall not be liable to you or to any third party for any modification, suspension or discontinuance of Chqbook services.
TERMINATION BY CHQBOOK
You hereby acknowledge and agree that Chqbook, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Chqbook Platform or otherwise terminate your access to or participation in the use of the Chqbook Platform (or any part thereof), or remove and discard any Submitted Content on the Chqbook Platform ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Chqbook believes or has reason to believe that you have violated any provision of the Terms of Use.
EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the Chqbook Platform, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Chqbook Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Chqbook Platform.
In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Chqbook system. Unless Chqbook has previously cancelled or terminated your use of the Chqbook Platform (in which case subsequent notice by Chqbook shall not be required), if you provided a valid email address during registration, Chqbook will notify you via email of any such termination or cancellation, which shall be effective immediately upon Chqbook's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Chqbook Data (as defined below), Marks (as defined below) and other content in your possession or control.
You further acknowledge and agree that Chqbook shall not be liable to you or any third party for any termination of your access to the Chqbook Platform. Upon Termination of Service, Chqbook retains the right to use any data collected from your use of the Chqbook Platform for internal analysis and archival purposes, and all related licenses you have granted Chqbook hereunder shall remain in effect for the foregoing purpose. In no event is Chqbook obligated to return any Submitted Content to you. You agree to indemnify and hold Chqbook, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
CHQBOOK OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE CHQBOOK PLATFORM:
The content on the Chqbook Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Chqbook. Other trademarks, names and logos on this Chqbook Platform are the property of their respective owners. Data on the Chqbook Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Chqbook reserves all rights not expressly granted in and to the Chqbook Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Chqbook Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Chqbook Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Chqbook Platform or the Data therein.
FEES INCURRED BY SERVICE PROFESSIONALS:
Joining Chqbook & opening an Account is free. Chqbook reserves the right at its sole discretion to charge fees to Service Professionals for other services that Chqbook may provide in the future. Chqbook may also in certain categories require Service Professionals to make payments for following up on job leads i.e. requests posted by Service Users, and permitting the Service Professional to contact the Service User (“Lead Fee”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. In order to be eligible to make such Lead Fee payment, Service Professionals shall be required to make advance payments (“Credits”) from which the Lead Fee may be deducted as and when necessary. Whenever the Credits fall below the prescribed threshold, the Service Professional shall be prompted to refill the Credits in order to continue enjoying the ability to follow up on leads and contacting Service Users. The service professional is entitled to refund of credits that is credited back in their wallet in the following conditions:
Refunds are processed only when a customer or you have cancelled the request and not viewed your profile or vice versa. Refunds are processed if the customer has not responded on the phone and not cancelled request 4 days after your response:
In the event, (i) the job lead is identified to be non-genuine, the decision of Chqbook pertaining to the above shall be final and binding. Chqbook offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase. Chqbook reserves the right to charge fees for these services at its sole discretion.
REFUND POLICY:
All commissions payable to Chqbook by Service Professionals on accepted transactions, i.e. exchange of services for consideration, are final and non-refundable. All money paid by Service Professionals is noninterest bearing. If poor customer service or inappropriate behavior with customers results in the professional being de-listed from the platform, then all credits (purchased or promotional) will have to be forfeited, and there will be no refund made in such a case.
CHQBOOK IS NOT A PARTY TO ANY SERVICE CONTRACT:
Each Registered User hereby acknowledges and agrees that Chqbook is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Chqbook Platform. Each Registered User acknowledges, agrees, and understands that Chqbook only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Chqbook itself has not role in the execution or provision of Services.
NO AGENCY OR PARTNERSHIP
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Chqbook Platform, including without limitation, the Agreement for Service. You do not have any authority whatsoever to bind Chqbook in any respect. All Service Professionals are independent contractors. Neither Chqbook nor any users of the Chqbook Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
DISPUTES BETWEEN REGISTERED USERS:
Subject to the provisions regarding disputes between Chqbook Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Chqbook Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users. You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone you are responsible. You understand that Chqbook does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Chqbook Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Chqbook may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalized Chqbook Platform, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo-moto. You also understand that any so called background check undertaken by Chqbook is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that Chqbook only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE CHQBOOK only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Chqbook itself has no role in the execution or provision of Services ITSELF, CHQBOOK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE CHQBOOK PLATFORM, OR BETWEEN REGISTERED USERS OR ANY CHQBOOK PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT CHQBOOK IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE CHQBOOK PLATFORM USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE CHQBOOK, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE CHQBOOK PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.
DISPUTE RESOLUTION
If a dispute arises between you and Chqbook, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Chqbook hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Chqbook Platform in according to this Section or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at support@chqbook.com. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
GOVERNING LAW
The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India. Third-party Links, Contact Forms, and Phone Numbers: The Chqbook Platform may provide, or third parties may provide, links, contact forms, and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging, and similar websites through which you are able to log into the Chqbook Platform using your existing account and log-in credentials for such third-party Chqbook Platforms. Certain areas of the Chqbook Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your thirdparty site account to permit your activities on the Chqbook Platform to be shared with your contacts in your third-party site account. Because Chqbook has no control over such sites and resources, you acknowledge and agree that Chqbook is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such Chqbook Platforms or resources. Unless expressly stated on the Chqbook Platform, links to third-party sites should in no way be considered as or interpreted to be Chqbook's endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that Chqbook shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such Chqbook Platform or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than Chqbook. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Chqbook Platform or transacting with Chqbook.
In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy applies in this situation. Your dealings and communications through the Chqbook Platform with any party other than Chqbook are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE CHQBOOK PLATFORM SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND CHQBOOK AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS CHQBOOK PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS CHQBOOK PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS CHQBOOK PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS CHQBOOK PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS CHQBOOK PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS CHQBOOK PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CHQBOOK DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE CHQBOOK PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CHQBOOK PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CHQBOOK PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE CHQBOOK PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHQBOOK PLATFORM.
CHQBOOK DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CHQBOOK PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. CHQBOOK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CHQBOOK, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I)
ACCESS TO OR USE OF THE CHQBOOK PLATFORM OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE CHQBOOK PLATFORM, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE CHQBOOK PLATFORM, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE CHQBOOK PLATFORM IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE CHQBOOK PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CHQBOOK PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CHQBOOK PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE CHQBOOK PLATFORM OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE CHQBOOK PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE CHQBOOK PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE CHQBOOK PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHQBOOK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF CHQBOOK, OR ANY OF THE ABOVE REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE CHQBOOK PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO CHQBOOK BY YOU HEREUNDER.YOU HEREBY ACKNOWLEDGE AND AGREE THAT CHQBOOK SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CHQBOOK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN CHQBOOK PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE CHQBOOK PLATFORM.THE CHQBOOK PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY CHQBOOK. CHQBOOK DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, CHQBOOK WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE CHQBOOK PLATFORM, YOU EXPRESSLY RELIEVE CHQBOOK FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE CHQBOOK PLATFORM.
FORCE MAJEURE
Neither Chqbook nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, pandemic, lockdowns, acts of government or national disasters.
INDEMNIFICATION AND RELEASE
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CHQBOOK, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE CHQBOOK PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE CHQBOOK PLATFORM.IF YOU HAVE A DISPUTE WITH ONE OR MORE CHQBOOK PLATFORM USERS, YOU FOREVER RELEASE CHQBOOK (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE CHQBOOK PLATFORM AND/OR ANY SUBMITTED CONTENT. THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY CHQBOOK WITHOUT RESTRICTION.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
NOTICE
You agree that Chqbook may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Chqbook Platform.
CONSENT IN RELATION TO ACCESS TO CREDIT INFORMATION THROUGH EXPERIAN
This End User Agreement (the “Agreement”) is made between you (the “User” or “You”) and Nineroot Technologies Private Limited, a private limited company having its registered office at 401 & 402, 4th Floor, Magnum Tower II, Sector 58, Golf Course Extension Road, Gurugram-122011, Haryana, India (“Chqbook”, “Us” or “We”, which term shall include its successors and permitted assigns). The User and Chqbook shall be collectively referred to as the “Parties” and individually as a “Party”. You hereby consent to Chqbook being appointed as your authorized representative to receive your Credit Information on an ongoing basis until the purpose of credit evaluation, analytics, marketing, and building pre-approval programs (“End Use Purpose”) is satisfied or expiry of 6 months from the date the consent is collected; whichever is earlier. . BY EXECUTING THIS AGREEMENT/CONSENT FORM, YOU ARE EXPRESSLY AGREEING TO ACCESS THE EXPERIAN CREDIT INFORMATION REPORT AND CREDIT SCORE, AGGREGATE SCORES, INFERENCES, REFERENCES AND DETAILS (AS DEFINED BELOW) (TOGETHER REFERRED AS “CREDIT INFORMATION”). YOU HEREBY ALSO IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUCH CREDIT INFORMATION BEING PROVIDED BY EXPERIAN TO YOU AND CHQBOOK BY USING EXPERIAN TOOLS, ALGORITHMS AND DEVICES AND YOU HEREBY AGREE, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN.
Terms and Conditions.
INFORMATION COLLECTION, USE, CONFIDENTIALITY, NO-DISCLOSURE AND DATA PURGING
Chqbook shall access your Credit Information as your authorized representative and Chqbook shall use the Credit Information for limited End Use Purpose consisting of and in relation to the services proposed to be availed by you from Chqbook. We shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or rent the Credit Information to any other person and the same cannot be copied or reproduced other than as agreed herein and in furtherance to applicable law including the CICRA.
The Parties agree to protect and keep confidential the Credit Information both online and offline. The Credit Information shared by you, or received by us on your behalf shall be destroyed, purged, erased immediately of upon the completion of the transaction/End Use Purpose for which the Credit Information report was procured, this period not being longer than 6 months.
GOVERNING LAW AND JURISDICTION
The relationship between you and Chqbook shall be governed by the laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of Mumbai.
DEFINITIONS
Capitalized terms used herein but not defined above shall have the following meanings.“Business Day” means a day (other than a public holiday) on which banks are open for general business in Mumbai. “Credit Information Report” means the credit information/scores/aggregates/variables/inferences or reports which shall be generated by Experian;
“Credit Score” means the score which shall be mentioned on the Credit Information Report which shall be computed by Experian and provided to Chqbook and You.
“CICRA” shall mean the Credit Information Companies (Regulation) Act, 2005 read with the Credit Information Companies Rules, 2006 and the Credit Information Companies Regulations, 2006, and shall include any other rules and regulations prescribed thereunder.
1. Your Credit Score and the Bank or Financial Institutions decision shall be final with regard to your purchase of Financial Products.
2. You agree to the terms and conditions of Chqbook & agree to share the data and mobile number with any third party administering the program on behalf of Chqbook.
3. Offer is valid and applicable to select registered customers of Chqbook.
4. Expired coupons will not be considered in any case after the validity month is over.
5. Offer coupons once lost will not be replaced.
6. Program enrolment is non-refundable.
7. Membership benefits & offers are non–transferable to other businesses and card holders.
8. Members can avail the benefits of Membership Program
9. Coupon offers & discounts can be availed at Chqbook Profile page and brand's Stores where applicable.
10. Chqbook can withdraw/modify this scheme, without giving any prior intimation.
11. In case of any dispute, the decision of Chqbook shall be final & binding on both the parties