(a) The website www.recordent.com its mobile phone application(s) computer application(s), tablet applications, software, services and other related internet- based applications including Recordent App (hereinafter collectively referred to as the "Recordent Platform") owned and operated by Recordent Private Limited, a company incorporated under the laws of the Republic of India having its Corporate Office at 1 st Floor, Midtown Plaza, Road No. 1, Banjara Hills, Hyderabad, Telangana, Pincode- 500002 has adopted this Recordent Platform User Account Terms.
(b) The User is informed that the terms herein govern:
(i) User Account on the Recordent Platform and its use;
(ii) The using/availing any services by/or through the Recordent Platform.
(c) It is therefore requested to the User to read this Recordent Platform User Account Terms ("Recordent Platform User Account Terms") carefully before:
(i) Granting acceptance to these presents;
(ii) While using any services through or from the Recordent Platform;
(iii) For creating any User Account on the Recordent Platform.
(d) It is also informed that a User Account on the Recordent Platform and/or the using/availing any services by/or through the Recordent Platform shall be subject to the terms of these presents, and in case User disagrees, User shall not use the Recordent Platform and its services and shall leave the Recordent Platform before acceptance of these terms or use of the Recordent Platform.
(f) The use of Recordent Platform and/or acceptance to these Recordent Platform User Account Terms shall constitute a valid and binding legal contract between the User and Recordent Platform with respect to this Recordent Platform User Account Terms, and other terms incorporated by way of the reference here.
(g) By accepting this Recordent Platform User Account Terms and/or by using the Recordent Platform, the User acknowledges and confirms that they have read and understood the same and shall be bound by such terms.
(h) The User is informed that a User's right to use the Recordent Platform can be denied at any point in time without any prior intimation, and they agree to the same.
(i) The User of Recordent Platform is informed that they shall re-visit the Recordent Platform User Account Terms from time to time to stay abreast of any changes that the Recordent Platform may introduce. The Recordent Platform reserves the right to modify the Recordent Platform User Account Terms at any time without giving a User any prior notice. Any updates concerning such modifications shall be available only in the Recordent Platform, and such changes shall be binding on The User in a retrospective manner or at any given point in time
(j) The User confirms that they satisfy the criteria prescribed under applicable laws, to enter into a contract and have legal competence and capacity.
(k) Recordent Platform may translate these Terms into other languages for convenience of the User. Nevertheless, the English version governs the relationship with Recordent Platform, and any inconsistencies among the different versions will be resolved in favor of the English version.
(a) Upon the User accepting these terms the Recordent Platform grants and the User accept a non-exclusive, non-transferable right to use the Recordent Platform, specifically for the following:
(i) Create a user id ("User Account") and password for using the Recordent Platform.
(ii) Use Recordent Platform to upload, submit, inform, view, access, analyze information, data, text, etc., score and rate business/transactions/interactions/experience with a counterparty. Also, score and rate performance of such counterparty during such instances (hereinafter referred to as the "Record");
(iii) To share or grant permission to share such Record;
(iv) To search for and analyze various Record available;
(v) To subscribe to and view Record made available by other users;
(vi) Avail services provided in the Recordent Platform related to the above after making applicable payments towards the charges prescribed Recordent Platform from time to time;
(vii) Use payment services facilities given by Recordent Platform or through third-party service providers.
(b) By accepting these terms, The User consent, confirm, accept, undertake, and authorize as follows:
(i) The Recordent Platform or persons authorized or permitted by Recordent Platform or other users of the Recordent Platform shall be allowed to use the Record submitted by the User in the manner provided Recordent Platform.
(ii) The Recordent Platform shall be authorized to use Records for commercial, non-commercial, analytical purposes or publications.
(iii) Store Record for the period as per Recordent Platform's policies and discretion and for designing its products and for providing its services.
(iv) Provide services by or through the Recordent Platform directly or through service providers.
(c) The User further confirms as follows:
(i) The Record submitted are truthful and do not/shall not violate any law or regulations or norms or contracts applicable to the same.
(ii) Before submitting Record and/or viewing and/or generating any details on Recordent Platform or while using services of Recordent Platform or through Recordent Platform (as may be applicable), The User confirms that they have ensured that they do not violate laws applicable at their location/country/state from where the User access the Recordent Platform.
(iii) That they understand that the Recordent Platform has not made any representations or assurances on behalf of any parties and/ or authorities, government, regulatory bodies, and judicial authority.
(iv) The Record submitted does not violate intellectual property rights or legal rights of any person or a third party in any manner.
(iv) That the details submitted by you are true and correct and Recordent Platform can rely on it for providing the services sought by you through the Recordent Platform and any consequence of providing wrong information is at your own risk. Recordent shall not have any responsibility or liability to you or any third party due to your acts or the information which you upload or any of its exploitation in the Recordent Platform.
(a) While creating a User Account, the User must provide accurate and complete information. Creation of User Account shall be at sole risk and responsibility of the User
(b) The User must keep User Account and password secure and confidential.
(c) The User must notify the Recordent Platform immediately of any breach of security or unauthorized use of User Account or password as soon as the User becomes aware of the same. A User must not use any other person's account to access the Recordent Platform, nor shall the User share his/her credentials to another person.
(d) The User agrees to be solely responsible and liable (to Recordent Platform, and others) for all activity that occurs under their User Account.
(e) The User is also liable for any activity on Recordent Platform arising out of any failure to keep their password confidential and for any losses arising out of such a failure.
(f) As an account holder, the User shall submit only truthful Information to the Recordent Platform.
(g) The User understands that whether or not Information is published, the Recordent Platform does not guarantee any confidentiality concerning the information of the User in the Recordent Platform. If the information is required to be maintained as confidential, The User is required to maintain the same. The Recordent Platform shall not liable or responsible for breach of User's obligations. Further, by receiving the Information on Recordent Platform, it relies on the representation that the User has shared it in compliance with law and contract applicable for such acts.
(h) The User grant to Recordent Platform and/or the other users of Recordent Platform (as may be agreed by Recordent Platform) a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute Information on and concerning Recordent Platform and any successor website / reproduce, store and, with User's specific consent, publish Information on and concerning the Recordent Platform. The User also grants to Recordent Platform the right to sub-license the rights licensed to the Recordent Platform under this section.
(i) The User understands and agrees that the Information uploaded may be used by any third person. The Recordent Platform shall be entitled to disclose the source at its sole discretion.
(j) The User also understands and agrees that they are solely responsible for their Information and the consequences of posting or publishing it. Recordent Platform does not endorse any information or any opinion, recommendation, or advice expressed therein, and the Recordent Platform expressly disclaims all ownership and liability in connection with Information or use of it by any person.
(k) The User declares to Recordent Platform that:
(i) They have (and will continue to have during the use of Recordent Platform by a User) all necessary authority, licenses, rights, consents and permissions which are required to share the Information and enable Recordent Platform to use the Information to host the Information on Recordent Platform, and otherwise to apply the Information by Recordent Platform or any third person.
(ii) That they will not post or upload any Information which contains material which it is unlawful to possess in India, or which it would be illegal for Recordent Platform to use or possess in connection with the provision of the services through Recordent Platform.
(iii) Any third-party Information shared is with due consent and permission from the concerned person
(l) On becoming aware of any potential violation of any terms, Recordent Platform reserves the right to decide whether Information complies with the Information requirements set out in any terms and may remove such Information and/or terminate a User's access for uploading Information which violates any terms at any time, without prior notice to the concerned User and at Recordent Platform's sole discretion.
(m) The User agrees and undertakes to indemnify, defend and hold harmless Recordent Platform and all its officers, directors, promoters, employees, agents, and representatives against any and all loss and claims arising from any Information uploaded on Recordent Platform or by use of Recordent Platform.
(a) By using Recordent Platform, the User agrees that as follows:
(i) Use Recordent Platform for spamming or any other illegal purposes;
(ii) Upload any promotional material or advertisement to the User Account;
(iii) Infringe Recordent Platform's or any third party's intellectual property rights, rights of publicity or privacy;
(iv) post or transmit any message, data, image or program which violates any law;
(v) Refuse to cooperate in an investigation or provide confirmation of User's identity or any other information provided to Recordent Platform;
(vi) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Recordent Platform or features that enforce limitations on the use of Recordent Platform;
(vii) Upload any information which is in contempt of any court or breach of any court order; or discriminates based on age, sex, religion, race, gender; harassing, invasive of another's privacy, blasphemous; in breach of any contractual obligations or consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or constitutes spam; or is grossly harmful, offensive, deceptive, fraudulent, threatening, abusive, hateful, harassing, anti- social, menacing, hateful, discriminatory or inflammatory; or causes annoyance, inconvenience or needless anxiety to any person; or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or harm minors in any way or otherwise unlawful in any manner whatever;
(viii) Upload any information that threatens the unity, integrity, defense, security or sovereignty of any country, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any nation;
(ix) Upload any Information that contains software, virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(x) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Recordent Platform or any part thereof or infringe any patent, trademark, copyright or other proprietary rights;
(xi) Use Recordent Platform in any manner that could damage, disable, overburden, or impair, including, without limitation, using Recordent Platform in an automated manner;
(xii) Modify, adapt, translate or create derivative works based upon Recordent Platform or any part thereof;
(xiii) Intentionally interfere with or damage operation of Recordent Platform or any other User's use of Recordent Platform, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
(xiv) Use any robot, spider, other automatic devices, or manual process to monitor or copy Recordent Platform without prior written permission of Recordent Platform;
(xv) Interfere or disrupt Recordent Platform or networks connected therewith;
(xvi) Take any action that imposes an unreasonably or disproportionately large load on Recordent Platform's infrastructure/network;
(xvii) Use any device, software or routine to bypass Recordent Platform's robot exclusion headers, or interfere or attempt to interfere, with Recordent Platform;
(xviii) Forge headers or manipulate identifiers or other data to disguise the origin of any Information transmitted through Recordent Platform or to manipulate User's presence on Recordent Platform;
(xix) Sell/ sub-license the Information, or software associated with or derived from the Recordent Platform;
(xx) Use the facilities and capabilities of the Recordent Platform to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others;
(xxi) Breach any terms or any other policy of the Recordent Platform;
(xxii) Provide false, inaccurate, or misleading information to the Recordent Platform.
(a) The User accepting these terms understand that Recordent Platform's services if any availed, may be further subject to the terms of separate service terms given in the Recordent Platform applicable for the specific service. The User shall be bound to the same while subscribing to the service and/or for using the service (as may be applicable).
(b) Upon the User opting to avail such services and/or for subscribing to the service and/or for using the service (as may be applicable), the respective service terms shall form part and parcel of this Recordent Platform User Account Terms.
(c) The service terms shall include the fee to be paid by the User to the services availed through the Recordent Platform and the manner in which the fee shall be paid.
(d) The acceptance to such terms shall be a binding contract on the User in addition to the term herein present.
(a) By accepting these terms, the User agrees to the Data Integrity Standards prescribed by Recordent Platform from time to time.
(b) The User further confirms that they shall be solely responsible for complying with the Data Integrity Standards prescribed by the Recordent Platform from time to time.
(a) By accepting the terms of this Recordent Platform User Account Terms, the User agrees as follows:
(i) The Recordent Platform shall be entitled to charge license fee or service fee or subscription fee or such other fee for services offered by the Recordent Platform or through it.
(ii) The service terms applicable for the particular service or a schedule of charges in the Recordent Platform shall have the applicable license fee or service fee or subscription fee or such other fee (as may be applicable).
(iii) The fee paid by the User to the Recordent Platform (if any) shall not be refundable.
(iv) The fee shall be paid along with the applicable taxes, cess, duties fee, statutory fees etc (including Goods and Service Tax).
(v) The User shall produce proof of tax withholding/deductions made to comply with applicable law.
(vi) The User shall not be entitled to a service through the Recordent Platform due to non-payment of a fee; the User may need to comply with other norms.
(vii) In case of non-payment of any fee the user may be prohibited from accessing and using Recordent Platform.
A request once made by me/us shall not be cancelled and no charges relating to such order shall be refunded however, there may be instances when no report, as may be applicable, is generated because the information does not exist in Recordent’s database or the bureau partner’s database or the details provided by me/us were not adequate to access the relevant information. I/we also understand that Recordent India Private Limited may also refund the charges in an event of cancellation of paid subscription services on a case by case basis. I/we understand the need to contact Recordent customer support with a valid request to cancel the subscription and only after conducting necessary due diligence Recordent India Private Limited, on a case to case basis cancel the subscription and refund the subscription amount. I/we also understand that the refund amount will be calculated on the pro-rata basis depending on the length of time of the subscription services used and the usage policy. The refund will always be credited to the original mode of payment.
(a) The User agrees that they shall not breach intellectual property rights and proprietary rights of the Recordent Platform.
(b) The User further confirms and agrees that they shall not reverse engineer, decompile, disassemble or create derivative works of or modify the Recordent Platform.
(b) The User shall exercise their own discretion while accessing any third-party links that may appear in the Recordent Platform.
(c) The User shall not hold the Recordent Platform responsible or liable for their use of any third-party links.
(d) Any access to third party links from the Recordent Platform will be at User's sole risk and responsibility.
(e) The Recordent Platform disclaims and discharges itself any liability that may arise on it due to any act of such third parties.
(a) The Recordent Platform may provide options to make payment for services from and through the Recordent Platform or for services from third parties.
(b) It is informed to the User that the Recordent Platform may use third parties for facilitating such payments possible, the transaction for making payments will be further subject to the terms of such third parties and the banks involved in the payment processing.
(c) The User is also informed that the request and the process of making payment and/or payment made shall be irrevocable and unalterable and shall take most of the care to ascertain each detail. Any transaction or transfer of amounts based on the request by User shall be at User's sole risk, responsibility, and liability.
(d) The User shall understand that the Recordent Platform does not undertake to refund the same or arrange to refund the same. The User shall be solely responsible and liable for such payments.
(e) It is also informed to the User that the User shall be solely liable to check each detail submitted for seeking payments. The Recordent Platform shall not be responsible and liable for any error made by the User and/or due to any delay or network errors.
(f) The Recordent Platform disclaims any liability on behalf of the banks, payment service providers, network, or any other person or ambiguity in the payment process of failure of transaction or non-refund, etc.
(a) By agreeing to this Recordent Platform User Account Terms the User consent to the following
(i) The Recordent Platform gives or makes no representation or warranty (either express or implied) as to the suitability of web-application or software or technology integrations or services or its contents for any purpose or the completeness, accuracy, reliability, security or availability nor do they accept any responsibility arising in any way.
(ii) The Recordent Platform in no event shall be liable to a User (or to any third party claiming under a User or otherwise) for any indirect, special, incidental, consequential, or exemplary damages arising from the use of, or inability to use Recordent Platform. These exclusions would apply to any claims for loss of revenue or profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Recordent Platform knew or should have known of the possibility of such damages.
(iii) The User agrees to defend, indemnify and hold Recordent Platform, and parties/persons acting under it harmless from and against:
(A) Any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from the use of Recordent Platform in any manner;
(B) Any loss, costs, damages, expenses, and liability caused by the use of Recordent Platform;
(C) Violation of any rights of a third party through the use of Recordent Platform; and
(D) Any indirect, special, incidental, remote, punitive, exemplary, or consequential damages arising out of User's acts.
The Recordent Platform may terminate this Recordent Platform User Account Terms if a User fails to comply with any terms or condition of this Recordent Platform User Account Terms or in case Recordent Platform wish to withdraw any access or services for any reasons.
(a) The laws of India, without regard to its conflict of laws rules, will govern these Recordent Platform User Account Terms, as well as User's and Recordent Platform's observance of them.
(b) If User take any legal action relating to User's use of the Recordent Platform or these terms, the same shall be subject to the exclusive jurisdiction of courts located in Hyderabad, India.
(c) In case the User has any disputes with the Recordent Platform, User may raise User's issues to the Recordent Platform and request for mediation.
(d) If the matter is not resolved through such mediation, the same may then be settled by Arbitration by a single Arbitrator appointed by the Recordent Platform. The Arbitration shall be held following the provisions of the Arbitration and Conciliation Act, 1996. The language of the Arbitration shall be in English, and the place of Arbitration shall be Hyderabad India.
(a) Without prejudice to Recordent Platform's other rights, if User breach these terms and, in any way, or if Recordent Platform suspect that User has breached these terms in any way, Recordent Platform may
(i) Send User one or more formal warnings;
(ii) Temporarily suspend User's access to Recordent Platform and services;
(iii) Permanently prohibit User from accessing Recordent Platform and services;
(iv) Block computers using User's IP address from accessing Recordent Platform and services;
(v) Contact any or all of User's internet service providers and request that they block User's access to Recordent Platform and services;
(vi) Commence legal action against User, whether for breach of contract or recovery of amounts due or damages or otherwise;
(vii) Suspend or delete User's account on Recordent Platform and services.
(b) Notwithstanding anything to the contrary contained this these terms after termination or suspension of services or discontinuance of User Account on Recordent Platform pursuant to User's breach or otherwise, User will not be entitled to refund of any fee or charges paid, nor shall be discharged from any pending obligation accrued in favor or Recordent Platform or by availing any services through Recordent Platform.
(a) Except for Information submitted to Recordent Platform by the User, all other Information on the Recordent Platform is either owned by or licensed to Recordent Platform, and is subject to copyright, trademark rights, and other intellectual property rights of the Recordent Platform or the Recordent Platform's licensors.
(b) Any third party trade or service marks present on the Recordent Platform not uploaded or posted by a User are trade or service marks of their respective owners may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Recordent Platform.
(C) The Recordent Platform will not be liable concerning such information, or use of, or otherwise in connection with Recordent Platform for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
(a) In case the User needs any details or clarifications or redressal of grievances or has any feedback, the User can contact the Recordent Platform on email@example.com.
(b) Also, the Recordent Platform believes that User's feedback makes use of Recordent Platform and services better; please feel free to share it with the Recordent Platform on firstname.lastname@example.org. Unless admitted explicitly by Recordent Platform's or as required by law, all feedback shall be non- confidential.
(c) The Recordent Platform will assume no responsibility for reviewing unsolicited ideas and will not incur any liability due to any similarities between those ideas and materials that may appear in future programs of the Recordent Platform.
(d) Please do not reveal trade secrets or other confidential information in User's messages to the Recordent Platform. Any and all rights to materials submitted to Recordent Platform's become the exclusive property of the Recordent Platform.
(e) The User understands and confirms that the Recordent Platform may record any calls or communication made to it by User or vice versa.
(a) Any reference to a statutory provision shall include such provision from time to time modified or re-enacted or consolidated so far as such modification or re-enactment or consolidation applies or is capable of using it to any transactions entered into hereunder.
(b) Recordent Platform shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification or consent required. However, User shall not be permitted to assign, transfer, or subcontract any of User's rights and/or obligations under these terms.
(c) Notwithstanding anything contained in this Agreement, the Recordent Platform shall not be responsible or liable for any acts or deed of the User or and/or for any claims including that arising due to (i) no errors of the Recordent Platform and/or (ii) for any indirect claims and/or (iii) for any claims not adjudicated by a court of law as per due process and/or (iv) for any claim on the Recordent Platform beyond the portion of Fee for any undischarged part of the services pending delivery by the Recordent Platform under this Agreement provided such fee was paid in advance by the User.
(d) If a provision of a contract under these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of a contract under any terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(e) These terms will inure to the benefit of the Recordent Platform and its successors and assign and the benefit of the User and are not intended to benefit or be enforceable by any third party not expressly stated herein. The exercise of the parties' rights under a contract under these terms is not subject to the consent of any third party.