This document lays out the terms and conditions and rules, as may be amended and supplemented, from time to time, (Terms) which shall be applicable to the provision of:
The words, “I”, “We”, “us”, “me”, “my”, “myself”, “customer” and “consumer” refer to the Person(s) who request for their respective Reports or receive the Products and Services or pursue the Transaction (as defined hereinabove) or part thereof (Consumer) and shall include both singular and plural. Reference to the masculine gender shall include the feminine and neutral gender or any other legal entity.
I acknowledge and expressly agree with the following terms and conditions:
GENERAL
I/We have read, understood and agree to abide by these Terms including any changes thereto made by ITCIB (a part of Legal Empowerment India LLP) in its sole discretion, from time to time, relating to my Transaction with ITCIB (a part of Legal Empowerment India LLP), which changes shall be made available on ITCIB (a part of Legal Empowerment India LLP) 's website/s (www.itcib.com and itcibwww.legalempowermentindia.com). I/We agree that the Terms form a valid contract between myself/ourselves and ITCIB (a part of Legal Empowerment India LLP), and that ITCIB (a part of Legal Empowerment India LLP) may, at its sole discretion, amend the Products and Services relating to the Transaction and/or the Terms, either wholly or partially, at any time in the manner stated above and without the requirement of any prior notice or consent.
I/We agree that these Terms constitute the entire agreement between myself/ourselves and ITCIB (a part of Legal Empowerment India LLP) with respect to the Transaction and these Terms supersede all prior or contemporaneous communications and proposals, if any, whether electronic, oral, or written, between me/us and ITCIB (a part of Legal Empowerment India LLP) with respect to the Transaction. A printed version of these Terms and of any notice given in electronic form shall be valid and admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as any other documents and records originally generated and maintained in printed form.
I/We agree and understand that any and all information contained in the Reports and the Products and Services has been collated by ITCIB (a part of Legal Empowerment India LLP) based on the information provided by its various member banks and credit institutions (Members). Consequently, ITCIB (a part of Legal Empowerment India LLP) shall not be responsible for the accuracy, completeness, and veracity of any and all such information as provided. I/We also understand that the information is current and up to date to such extent as provided by the Members and is subject to changes and amendments made thereafter and that any information contained herein does not reflect the views of ITCIB (a part of Legal Empowerment India LLP) or its directors or employees. Also, ITCIB (a part of Legal Empowerment India LLP) shall incur no liability and shall not be required to indemnify me/us for any loss, damages, claims or expenses incurred by me/us for any incorrect reports provided due to incorrect information and/or documents provided by me/us or if for any technical reason, any incorrect report is provided otherwise.
I/We agree that the provision of the Reports and the Products and Services shall be limited to the territory of India. The information contained in the Reports shall be updated up to such dates which the relevant Companies with whom I/we have a relationship with, have provided information to ITCIB (a part of Legal Empowerment India LLP) based upon which updated information ITCIB (a part of Legal Empowerment India LLP) has been able to update the Reports and ITCIB (a part of Legal Empowerment India LLP) shall not be responsible in the event my information is not updated by the Companies.
I/We understand and agree that ITCIB (a part of Legal Empowerment India LLP) shall not be required to seek prior permission from me/us for updating information that may be reported to ITCIB (a part of Legal Empowerment India LLP) by the Companies or otherwise come to the information of ITCIB (a part of Legal Empowerment India LLP) and ITCIB (a part of Legal Empowerment India LLP) shall not be responsible to verify the correctness of the information received hereby. ITCIB (a part of Legal Empowerment India LLP) shall reproduce the information submitted to it by its Members on “as is” basis.
ITCIB (a part of Legal Empowerment India LLP) shall have the right to terminate provision of the Report/s and/or the Products and Services or any part thereof, at its sole discretion at any time. Further, notwithstanding the Terms contained herein, ITCIB (a part of Legal Empowerment India LLP) reserves the right to reject my Request Form (defined below) made due to any reason whatsoever and shall not be required to specify such reason for rejecting the same.
ITCIB (a part of Legal Empowerment India LLP) reserves the right to initiate legal proceedings including criminal proceedings against the perpetrators of fraud, money laundering or any other form of wrongdoing in relation to the Products and Services. I/We have read in full and have completely understood the steps to access Report/s and/or the Products and Services offered on ITCIB (a part of Legal Empowerment India LLP)’s website/s (www.itcib.com and www.legalempowermentindia.com).
I/We understand and agree that in the event there are three insufficiencies in the Request Form and/or the payment mechanism, my/our Request Form (as hereinafter defined) shall be liable to be rejected and I/we shall have to make fresh applications. I/We further understand and agree that until such time, in the event I/we would have made any payments in this regard, the same shall not be refunded to me/us.
An ‘insufficiency in the Request Form’ would have taken place, including but not limited to, any of the following reasons:
REQUEST FORMS FOR PRODUCTS AND SERVICES AND PROOF OF IDENTITY AND ADDRESS
REQUEST FORMS FOR PRODUCTS AND SERVICES AND PROOF OF IDENTITY AND ADDRESS
PAYMENT MODES
I/We understand that for any payment for the Products and Services through a DD (i.e. Demand Draft) for the stipulated charges for the Products and Services in favour of ‘ITCIB (a part of Legal Empowerment India LLP) payable at Jaipur has to be sent at the Processing Address as mentioned above.
I/We understand that any payment for the Products and Services through my/our VISA or MASTERCARD or other service provider (as provided by the Payment Gateway Merchant) Credit Card or Debit Card as the case may be, may be made.
I/We understand that a payment of the stipulated charges for Reports and/or Products and Services may be made through my/our Net Banking channel.
Payment through Net Banking:
I/We understand that a payment of the stipulated charges for Reports and/or Products and Services may be made through my/our Net Banking channel.
TERMS OF PAYMENT
I/We agree to pay such amount as stipulated by ITCIB (a part of Legal Empowerment India LLP) for the issue of my trade Credit Information Report/our Company Credit Information Report. The charges are inclusive of delivery charges, payment gateway charges (if any) and all applicable taxes.
I/We agree to pay the charges for Solution Products and Services as stipulated by ITCIB (a part of Legal Empowerment India LLP) and understand that such charges for Products and Services are exclusive of delivery charges and applicable taxes & levies, and we agree to pay such additional amounts as may be stipulated by ITCIB (a part of Legal Empowerment India LLP) towards the delivery charges and taxes and levies.
I/we understand I/we am /are required to email ITCIB (a part of Legal Empowerment India LLP) at info@itcib.com or call ITCIB (a part of Legal Empowerment India LLP) at +91 85868 76788 or such other number as ITCIB (a part of Legal Empowerment India LLP) may intimate on its Website/s (www.itcib.com and www.legalempowermentindia.com) from time to time and inform ITCIB (a part of Legal Empowerment India LLP) of the same. Upon request by ITCIB (a part of Legal Empowerment India LLP), I/we shall provide the relevant reference number from the issuing bank or financial institution providing net banking services or issuing the Credit Card/Debit Card, as the case may be, in order to reverse such duplicate payment. I/We understand such reversals shall be made to the same account from which payment was made or the same Credit Card/Debit Card from which payment was made, as the case may be, and that ITCIB (a part of Legal Empowerment India LLP) shall make its best endeavours to credit the refund after the expiry of at least 4 (four) working days.
I/We will receive a system generated ITCIB (a part of Legal Empowerment India LLP) Registration number and a Transaction number for each transaction that I/we pursue through this mode with ITCIB (a part of Legal Empowerment India LLP) on this Website, and I/we shall quote such Registration number and a Transaction number for all subsequent queries and clarifications that I/we may seek from ITCIB (a part of Legal Empowerment India LLP) relating to the same transaction.
ITCIB (a part of Legal Empowerment India LLP) shall not be liable in any manner whatsoever for any fraud that may be committed on my/our net banking account or my Credit Card/Debit Card, as the case may be, whether due to loss or theft or otherwise.
The technology for enabling the payment by way of net banking services or Credit Card/Debit Card could be affected by virus or other malicious, destructive or corrupting code, programme or macro. This could result in delays in the processing of instructions or failure in the processing of instructions. ITCIB (a part of Legal Empowerment India LLP) shall not be liable, whether direct or indirect, whether arising out of loss or profit or otherwise arising out of any failure or inability by the relevant bank or financial institution to honour any customer instruction for whatsoever reason.
I/We understand that the Net Banking channel is available only if I/we have an online banking account with my/our bank or financial institution from where the said amount will be directly debited from my/our account with my/our instructions online and such facility is available only if I/ we hold an account with the banks as maybe provided by payment getaway merchant and/or ITCIB (a part of Legal Empowerment India LLP), from time to time.
A grievance request can be raised by me/us, by visiting ITCIB (a part of Legal Empowerment India LLP) website/s (www.itcib.com and www.legalempowermentindia.com). ITCIB (a part of Legal Empowerment India LLP) will initiate the dispute with the relevant credit institution and notify appropriately.
1. I/We shall use only my/our own net-banking account details to transact on this Website or have full authority and permission to use the net-banking account to make payment as required herein.
2. Processing of the Request Form shall take place only after ITCIB (a part of Legal Empowerment India LLP) realises the payment through from the net-banking payment gateway merchant for the full amount. In the event there is any error in the payment of the full amount through this mode, the relevant Request Form shall not be processed.
A grievance request can be raised by me/us, by visiting ITCIB (a part of Legal Empowerment India LLP) website/s ( www.itcib.com and www.legalempowermentindia.com). ITCIB (a part of Legal Empowerment India LLP) will initiate the dispute with the relevant credit institution and notify appropriately.
I/we agree and understand that ITCIB (a part of Legal Empowerment India LLP) may suspend any or all of the services and/or Transaction mentioned herein, including raising of a grievance request as set out above, and upon the happening of the same, ITCIB (a part of Legal Empowerment India LLP) shall not be under any obligation to process the grievance request raised by me from such date of suspension.
1. In the event a request made by me/us in relation to a Service is not a valid request, or if it is rejected by ITCIB (a part of Legal Empowerment India LLP) for any reasons whatsoever or ITCIB (a part of Legal Empowerment India LLP) is unable to provide the same, I/we agree to pay to ITCIB (a part of Legal Empowerment India LLP), processing charges and ITCIB (a part of Legal Empowerment India LLP) shall refund to me/us such amounts as may be decided by ITCIB (a part of Legal Empowerment India LLP) in its sole discretion from time to time.
2. Only for the following reasons and any other reasons decided by ITCIB (A PART OF LEGAL EMPOWERMENT INDIA LLP) at its sole discretion, ITCIB (a part of Legal Empowerment India LLP) shall refund the payments made by me/us after deducting the relevant processing charges as may be required by ITCIB (a part of Legal Empowerment India LLP), in its sole discretion, from time to time: In case of Transactions through Net Banking/using Debit or Credit Cards and in the event of a fraudulent transaction carried out on my/our bank account/card without my/our authorisation verified by the police;
In the event of any technical snags between my/our computer and/or ITCIB (a part of Legal Empowerment India LLP) and/or the issuing bank wherein my/our transaction could not be completed, whereby I/we was/were charged twice for a single transaction (duplicate processing).
1. The Verification Reports shall be dispatched to an email address provided by you at the time of registration or other as ITCIB (a part of Legal Empowerment India LLP) may think fit. A tracking number shall be also provided on request. ITCIB (a part of Legal Empowerment India LLP) shall not be responsible for any undelivered email, theft or any damage caused by during dispatch of such Report.
2. The Verification Reports shall be dispatched and delivered to an email address which is present in the database of ITCIB (a part of Legal Empowerment India LLP) or to any address as provided by me/us while satisfying the KYC requirements stipulated by ITCIB (a part of Legal Empowerment India LLP) from time to time and this address shall match the address given by me/us to ITCIB (a part of Legal Empowerment India LLP) as Address Proof with the necessary documents.
3. On any change in my address and contact details, I/we shall update my address and contact details in the records of the relevant Member/s with whom I/we have my respective relationship account/s, else, ITCIB (a part of Legal Empowerment India LLP) would not be able to deliver the Report at my/our desired address.
4. I/We understand and agree that in case I/we provide email address for delivery of the Report/s and/or Products and Services by opting for delivery through email, ITCIB (a part of Legal Empowerment India LLP) shall not be responsible for the correctness of the email ID and delivery of the Report/s and/or Products and Services made by ITCIB (a part of Legal Empowerment India LLP) to such email address (with encryption) shall be complete dispatch of the Report/s and/or Products and Services.
5. The Report/s shall be dispatched only once, and in the event I/we am/are unavailable at the time and place of delivery, such Report shall be re-dispatched the second time. However, I/we understand that if I/ we am/are not present at the time and place of the delivery the second time, a new application shall be required to be made by me/us.
6. However, such request for re-dispatch shall be entertained only until 60 (sixty) days from the first date of issue of the Report.
7. A minimum of 10 (ten) working days from the date of receipt by ITCIB (a part of Legal Empowerment India LLP) of appropriate and satisfactory Identity Proof and Address Proof and the realisation by ITCIB (a part of Legal Empowerment India LLP) of the full amounts payable by me/us (whichever is later) shall be required to process an Request Form by ITCIB (a part of Legal Empowerment India LLP) .
1. I/We acknowledge, understand and agree that by providing the Report/s and the Products and Services (whether through this Website/s ( www.itcib.com and www.legalempowermentindia.com) or otherwise), ITCIB (a part of Legal Empowerment India LLP) is acting as a facilitator. ITCIB (a part of Legal Empowerment India LLP), thus, does not warrant that the functions contained in the above mentioned Website/s will be uninterrupted or error free, that defects will be corrected, or that this Website/s or the servers that make it available are free of viruses or other harmful components, but shall take commercially reasonable efforts to correct the delays in operation of the Website/s.
2. In no event shall ITCIB (a part of Legal Empowerment India LLP) be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages.
3. I/We acknowledge, understand and agree that, without limiting the above clause 2, ITCIB (a part of Legal Empowerment India LLP) shall not be responsible and disclaims all responsibilities for any claim, liability, or any damage resulting from, arising out of, or in any way related to:
(a) the use or the inability to use the Report/s and/or the Products and Services or this Website;
(b) the cost of procurement of substitute services;
(c) unauthorized access to or alteration of transmissions or data;
(d) any other matter relating to the provision of services for underlying Transaction; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/s, the Report/s and/or Products and Services, or otherwise,
(e) any errors in or omissions from this Website/s, including but not limited to technical inaccuracies and typographical errors,
(f) any third party websites or content therein directly or indirectly accessed through links in this Website/s, including but not limited to any errors in or omissions there from,
(g) the unavailability of this Website/s or any portion thereof, or
(h) my use of any equipment or software in connection with this Website/s.
4. I/We agree that I/we shall not hold ITCIB (a part of Legal Empowerment India LLP) liable or responsible for non-availability of its Website either due to internet connectivity speeds or errors on my/our computer or during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond ITCIB (a part of Legal Empowerment India LLP) ’s control. I/we understand and agree that any material and/or data downloaded or otherwise obtained through this Website/s is done entirely at my/our own discretion and risk and I/ we will be solely responsible for any damage to my/our computer systems or loss of data that results from the download of such material and/or data.
5. I/We understand and accept that no information with regards to the Report/s, the Request Form, the Reports or any of the Products and Services shall be provided by me/us vide telephone or in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof. If any information is provided by me/us vide telephone or in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof, ITCIB (a part of Legal Empowerment India LLP) shall have no responsibility for any damage or loss to me/us due to such provision of information by me/us.
6. This Website/s is on an “as-is”, “as available” basis and ITCIB (a part of Legal Empowerment India LLP) expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Apart from above, the respective Report/s and/or Products and Services shall have their disclaimers. I agree, acknowledge and accept the same.
In the event that any provision of these Terms is declared by any juridical or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either me/us or ITCIB (a part of Legal Empowerment India LLP) from any relevant competent authority, ITCIB (a part of Legal Empowerment India LLP) shall have the right to amend that provision in such reasonable manner as it thinks fit without illegality or it may be severed from this Agreement in such manner as ITCIB (a part of Legal Empowerment India LLP) thinks fit and the remaining provisions of these Terms shall remain in full force and effect unless ITCIB (a part of Legal Empowerment India LLP) decides in its sole discretion to stop the provision of the Report/s and/or Products and Services either wholly or in part.
In furtherance of these Terms and subject to applicable laws, I/we understand that ITCIB (a part of Legal Empowerment India LLP) reserves the right to issue further directions which shall be applicable to me/us from, time to time. Other than as otherwise provided by these Terms, all alterations to these Terms shall be made by ITCIB (a part of Legal Empowerment India LLP) with an intimation on this Website and shall become applicable upon such intimation, and without the requirement of any prior notice or intimation to any Consumer of such variation. I/We agree to accept any such variation made by ITCIB (a part of Legal Empowerment India LLP) in this regard regardless of the mode through which I/we have approached ITCIB (a part of Legal Empowerment India LLP).
I/We shall not assign or transfer any of my rights and/or obligations in relation to the transaction contemplated herein under or pursuant to these Terms to any other person
I/We agree to defend, indemnify, and hold harmless ITCIB (a part of Legal Empowerment India LLP), its officers, directors, employees, agents, licensees, affiliates, advisors, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorney fees) suffered and/or incurred (as the case maybe) by ITCIB (a part of Legal Empowerment India LLP) and/or resulting from: (i) breach by me/us of any these Terms; (ii) claims made against ITCIB (a part of Legal Empowerment India LLP) by third parties including any bank/credit institution arising pursuant to the provision of services with respect to the Transaction and/or any matters incidental thereto.
I/We hereby confer ITCIB (a part of Legal Empowerment India LLP) with the right to use any data and information provided by me/us vide the Request Forms in any manner including for any purpose stipulated by ITCIB (a part of Legal Empowerment India LLP), provided that the same shall be valid under applicable law.
I/We understand that by providing my/our mobile number and email address. I/we have assented to receiving SMS (es)/Email (s) and I/we may be sent SMS (es)/Email (s) to update status of my/our order for Report/s / Products and Services on ITCIB (a part of Legal Empowerment India LLP) 's Website/s (www.itcib.com and www.legalempowermentindia.com). I/We further understand that by providing my/our said mobile number and email address (es), I/we have also assented to receiving calls and emails from ITCIB (a part of Legal Empowerment India LLP), their agents etc. regarding any other ITCIB services not covered hereunder.
ITCIB (a part of Legal Empowerment India LLP) shall not be liable for any failure to perform any of its obligations under these Terms or provide the Report/s, Information and/or the Products and Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
Force Majeure Event means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government or acts of third party/ies.
These Terms are governed by and are subject to Indian laws. In the event of any claim, dispute or difference arising out of or in relation to these Terms, the claim, dispute or difference shall be referred to arbitration to be conducted by a sole arbitrator to be appointed by ITCIB (a part of Legal Empowerment India LLP) who shall be the presiding arbitrator and the decisions and award of the arbitral tribunal shall be final and binding. The arbitration proceedings shall be held in Mumbai and shall be conducted in the English language and be governed by the provisions of Arbitration and Conciliation Act, 1996 and any modification or re-enactment thereof in force at the relevant time. All costs of such arbitration shall be borne by the Consumer.
Subject to what is stated above, any matters which may require the intervention or any determination by a Court, including any appointment of any arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996, whether prior to, or during or after the aforesaid arbitration, shall be subject to the exclusive jurisdiction of the Courts in Jaipur.