The website – ‘http://www.cheq.one/’ and mobile application ‘CheQ’ and all other associated/ancillary applications, products, websites and services (“Website/Platform”) are property of and managed by CheQ Digital Private Limited a company incorporated under the Companies Act, 2013 having its registered office address at D-254, Regal Garden, Sector90 Gurgaon, Haryana 122001 (hereinafter referred to as "Company” which expression shall, unless it be repugnant to the context thereof, be deemed to include permitted successors and assigns).
Please read the terms and conditions carefully before registering, accessing or using the CheQ Services (defined below) offered through the CheQ website, CheQ App (defined below) or through applications (defined below). These terms and conditions are a legal contract ("Terms Use") between You and CheQ Digital Private Limited (CheQ). You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these Terms of Use or do not wish to be bound by these Terms of Use, you may not use the CheQ Services and/or immediately terminate the Services and/or uninstall the CheQ App.
Definitions:
“CheQ”, “we”, “us”, “Our” means CheQ and CheQ Group Entities. “you”, “yours”, “yourself”, “User”means any prospective User or anyone who uses or accesses the App/Website/ Services / Platform including but not limited to customers and Commercial Partners, on any computer, mobile phone, tablet, console or other device (collectively, “Device”) “CheQ App” means mobile application(s), hosted by CheQ for providing different services to the Users, and Commercial Partners. “CheQ Platform” means any platform owned/subscribed/used by CheQ including but not limited to the CheQ Website, the CheQ App, other mobile applications, devices, URLs/links, notifications, chatbots, CheQ’s social media channels or any other communication medium or mechanism used by CheQ to provide services to the Users. "CheQ Website” means ‘http://www.cheq.one/’ registered by CheQ. “User Account” means the account created by User at the CheQ Application and where the CheQ services are taken as per the Terms and Conditions set forth. “Credit Instruments” means the Credit card, Add-on Credit cards, Loans, BNPL, any other loan account defined under Bharat Bill Payment System (BBPS). Corporate Credit cards are excluded as the repayment services/facility is only towards the credit Instruments held by Individual Customer/User not Corporate Entity. “Termination/Deletion” means the permanent deletion of CheQ account by the User.“Source Account” means the originally used payment instrument (Bank Account/ or Debit card, UPI ID etc) for the credit repayment. “Bank/Customer Bank/Issuing Bank as per banking regulation act 1949 under section 5 (B) definition of bank is: “A financial institution which can accept deposit of money from the public, lend to the public and repayable to the public on demand and withdrawal by cheque, draft, order”.“CheQ Services” means and include all services offered / to be offered by CheQ, either directly or through its Commercial Partners including but not limited to Credit Card Bill Payment Services and Rewards; “Commercial Partner” means any individual or entity with whom CheQ have have entered in contract with certain business understanding and includes but is not limited to entities offering rewards on CheQ App, Lenders, Merchants etc. “Terms of use” / “Terms and Conditions” are interchangeably used and mean these Terms of Service including the Supplemental Terms. By accessing or using any version of the Website/Platform, you signify that you have read, understood and agreed to be bound by these Terms and Conditions of use and access (“T&C”), the Privacy Policy of the Company and any other applicable law.
Terms and Conditions subject to change
We reserve the right to update or modify these T&C at any time without prior notice. Your access of the App/website and use of the Services following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. For this reason, we encourage you to review these T&C each time you access and use the Services.
Eligibility
Every User hereby represents and warrants to the Company that:
a) You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use the Services if you are not competent to contract under the applicable laws, rules and regulations; you are eligible, if:
You are 18 years of age or older;
You are capable of entering into a legally binding agreement; and
You are not barred or otherwise legally prohibited from accessing or using the CheQ App and CheQ Services.
b) You agree to retrieve your credit score from Credit Information Companies using the CheQ App and disclose the said credit score to CheQ to determine your eligibility for access to various CheQ Services and the current credit instruments held by the User.
c) If you allow anyone to use your CheQ account, including individuals under 18 years of age, you will be responsible for ensuring that such individuals comply with these Terms of Use. You will be responsible for and shall ratify all actions these individuals take in and/or through your account. You also acknowledge that CheQ does not have the responsibility of ensuring that you meet the aforesaid eligibility requirements.
d) A User is responsible to verify that the use of this App/Website is for lawful purposes only. Therefore, any User who accesses the App/Website from within India or outside shall access the App/Website entirely at their own risk and shall remain responsible for compliance with the laws of applicable jurisdiction. In addition to the provisions relating to the absence of liability of App/Website i.e. [‘http://www.cheq.one/’] the indemnity from the App. User on the use of the Platform for lawful purposes and in compliance with the laws of his/her jurisdiction within or outside India shall survive the expiration or termination of these Terms of Use for any reason whatsoever in favour of the App/Website owners and its licensors.
e) It is clarified that the CheQ makes no claim that the Services on the CheQ app, are appropriate, accurate, reliable, or updated, suitable or complete or may be downloaded in a particular jurisdiction and your use of the Platform shall be at all times be solely at your discretion and risk and the Company at all times shall remain indemnified.
Registration on CheQ and its Terms of Use
The Company provides for free online registration to its Users, the User may make an account onto the Platform by inserting their valid personal information as may be required by the Company. The Company, during activation of User Accounts or while undertaking any transactions or for any other reason, may require customer details or approvals for the purposes of verification of any User’s identity:
For the purposes of verification of any User’s identity, the Company may rely on appropriate and licensed third-party service providers (such as Credit Bureaus) to authenticate the Identification Documents and other incidental details provided by the User. If the Company finds any User information obtained in accordance with the procedure described under this Clause to be inadequate or insufficient, the Company may in its discretion either refuse or terminate (as the case may be) the registration of such User Account. You agree that:
You may only possess one account at a time, subject to any changes approved by CheQ itself.
You are using this App only for personal purposes and no laws or regulations are violated in connection with the usage terms.
You will be responsible for the actions taken on your account and will not provide any information which is untrue or inaccurate. You agree to submit and maintain the correct, complete and truthful information on the CheQ app.
In case of any suspicious activity or unverified access to the Account, you will be responsible to inform CheQ helpdesk immediately.
You are aware of and responsible for all transactions taking place through your Account. You shall continue to be responsible for the transactions in your account, if you knowingly or negligently (i) grant any other person access to your CheQ App, (ii) permit them to transact on your account, or (iii) transact on any other person’s behalf or directions; whether by sharing one-time passwords or in any other manner, CheQ will not be responsible to those actions and you agree to solely bear the responsibility.
You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the CheQ App, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
You shall not access or use the CheQ App in any manner that (i) may be harmful to the operation of the CheQ App or its content; (ii) may be unlawful; (iii) maybe harmful to CheQ or to any other User; (iv) may hinder other Users enjoyment of the CheQ App; or (v) to defraud other Users, CheQ or any Commercial Partner.
You shall not modify, delete or copy any of the content or information available at CheQ app. You should not post, distribute, share or transfer any information at social media channels which may hinder the App.
You should not use any kind or malware, software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the CheQ App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the CheQ App.
Your use of the CheQ App shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, periodic upgrade, version upgrade, enhanced functions, missing plug-ins and new versions (collectively, “Updates”), for the purpose of effective delivery of the CheQ Services. Your continuous use of the App will be considered as your deemed acceptance of the updates.
You understand and accept that not all products, services and rewards offered on the CheQ App are available in all geographic areas and you may not be eligible for all the products, services and rewards offered by CheQ on the CheQ App. CheQ reserves the right to determine the availability and eligibility for any product, services and rewards offered on the CheQ App.
In case of any defect, loss/theft of device or compromised privacy, you shall raise a request to CheQ, to block the Account immediately. The Account will be accessed through the OTP based approval.
Responsibilities of the Company
The Company or its owners, managers, directors, employees, agents, partners, advertisers or affiliates will not be liable for any loss, damage, injury caused to the User arising out of use of the Platform or its Services including any legal actions.
Any information on the Platform relating to listing, name, content, material of any professional or firm found on this Platform does not constitute any endorsement or recommendations of the Company. The Platform takes no responsibility for the authenticity and/or the accuracy of the information on the Platform provided by the third parties.
The Company will not be held responsible for any third party content. The Platform User agrees that they will not use the App/Website for anything false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material that is illegally invasive of another person's privacy.
In case any Platform User finds any content is objectionable or illegal, they may report to the Company by writing at the customer care helpline e-mail address/phone number provided on the Platform. Objectionable /illegal content will be monitored and blocked from public access within 72 hours from reporting of the complaint. Such third party content is not edited or monitored by the Company and does not reflect approval of the Company, its owners, managers, directors, employees, agents, partners, advertisers or affiliates. It bears no responsibility for the posts or the information contained therein. If such information posted is infringing or objectionable, the Company is not liable and shall take appropriate legal action against concerned Platform User for posting such content.
In no event shall the Company be liable to the Platform User for any special, indirect, exemplary or consequential damages arising out of your purchase or use of the App/Website or any third-party claims.
Prohibited activities
The Platform User shall not use any computer resource or communication device to host, display, upload, modify, publish, transmit, update or share any information on the Platform or in connection with Platform on another web resource that-
belongs to another person and to which the Platform User does not have any right to;
is harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
causes harm to minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Transaction and Monitoring Policy
All transactions executed and/or attempted to be executed through the Platform are regularly monitored by the Company, in order to promptly identify and highlight certain kinds of transactions which are deemed suspicious by the Company.
The Company may, from time to time, undertake necessary investigation in order to identify and examine transactions inconsistent with any User’s risk profile, sophistication, and expected usage pattern.
The extent of monitoring shall depend on various factors including upon each User’s risk profile.
In case the Company requires, it can take any of the following steps to regulate the use of the Platform by any User:
PAN Check: For each transaction, the Company may require the user to enter the PAN Card of the person to whom the payment is being made.
The credit score may be retrieved from the bureau.
The Company may also put transaction limits meaning each account may have a limit on the total number of transactions and/or the size of the transaction. These limits may be finalised on a per transaction basis as well as a monthly basis.
Additional Terms of Usage of the Platform
Being a Platform User, you agree to abide by its Terms and Conditions and that you agree to use the Platform on your own free will and it is not guided by any promotional emails, phone calls and advertisements from the Company and its affiliates and partners. The use of the Platform is solely at your own risk.
The Company shall not be under an obligation to indemnify any Platform User for any breach in the representation towards Services through the Platform, and will not be liable to pay any damages, direct or indirect, or consequential damages for loss of revenue, loss of business, loss of data, system crash, faulty operation, malware attacks or slow transmission of the telephone line or web servers or email servers or hardware or software involved in the conduct of the Platform technical disruptions, unavailability of Platform or its Online Services, delay, failure, interruption, alteration or damage of any data or other information transmitted or posted in connection with use of the Platform.
That the Platform does not guarantee to be error-free or bug-free. We provide no warranty regarding the security, reliability, timeliness, or performance of the Platform or its accuracy, suitability or completeness or timeliness, accuracy of profile pages or any information contained therein, Services (including software, text, graphics, links, or communications) provided on or through the use of the Platform.
The Platform and the Services on Platform are provided on an "as is" basis. The Company, its owners, its licensors, and its suppliers to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.
The defaulting Platform User shall indemnify and agrees to keep the Company and its subsidiaries and affiliates, and its and their directors, officers, employees, successors and assigns fully harmless against any complaints, suits, actions, claims, losses, damages , liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of the Company), awards, and/or expenses however arising directly or indirectly from the Platform User arising in connection with Services offered by other Platform User on the Platform or its quality, performance or legalities including allegations of loss of data, system crash or otherwise, and copyright infringement or other intellectual property violations raised by third parties or Customers, or in respect of breach of any of the registered Service provider warranties, representations or undertakings or in any way attributable in whole or in part to registered Service provider's performance of this Agreement or in relation to the non-fulfilment of any of its obligations under this Agreement.
The Company, its owners, directors, employees or agents, successors assigns, affiliates, subsidiaries mentioned on the Platform in any event whatsoever not be liable for any damages (including, without limitation, incidental and consequential damages, direct, indirect, exemplary damages, special or punitive damages, fees, fines, penalties, or liabilities, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption, including any computer virus, anticipated profits, loss of profits or revenues, loss of saving, loss of use interruption of business, loss of opportunity, and claims of customers), whether such damages occur prior or subsequent to or are alleged as a results of, the use or inability to use the Platform or the Services, information posted under profile pages, whether based on warranty, contract, tort, or any other legal theory or breach of any of the provisions of this T&C.
That by browsing and/or registering on the Platform you agree that you are solely responsible for anything you post on the Platform and that you agree to defend, indemnify, and hold the Company, its owners ,its officers, directors, employees, agents, licensors, and suppliers, successors, assigns fully harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your posts/submissions on the Platform. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Platform and its services.
The Company reserves the right to control, modify or discontinue any and all offers, pricing, value, discounts and redemption with or without prior notice or assigning any reason.
Intellectual Property Rights Policy
All of the content on the Services, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks, trade names, trade secrets (“Service Content”), constitute Company’s intellectual property, there shall be no deemed assignment, transfer or license provided to you by the virtue of your use of the CheQ Website or Application. All Services and Service Content is protected by the relevant Copyright laws in all applicable jurisdictions;
You may access the Services, avail of the features and facilities and utilize the Services Content for your personal or internal requirements only. You agree not to duplicate, distribute, create derivative works of, display, or commercially exploit the Services Content, features or facilities, directly or indirectly, except as expressly authorized herein. In case you want to request permission to commercially exploit any Services Content, you could contact us;
The Company is the sole owner of the underlying software and source code associated with App/Website and all the trademarks, logos, copyright and any other intellectual property rights of any nature on the App/Website;
User Account, Password & Security
You are required to create an account (“Account”) on the App/Website to have access to the Services. You are responsible for maintaining the confidentiality of your login credentials and your Account and are fully responsible for all activities that occur under your password or Account. You agree to:
Immediately notify us of any unauthorized use of your password or Account or any other breach of security; and
Ensure that you logout from your Account at the end of each session. CheQ will not be responsible for any loss or damage arising from the failure to comply with the clause by the User.
Reward Points
Termination/Deletion or Deactivation of User Account
You may delete or deactivate your account and discontinue the use of CheQ App any time as per your discretion. The deactivation of the account gives the User an option to archive the User Information, Credit Instrument details from the App.
The deletion of an account will be considered as the end of contract between the user and CheQ. CheQ may continue to retain a record of your transactions made on the CheQ App for regulatory and archival purposes
The termination of contract between User and CheQ is subject to no dues pending with CheQ from User end and there is no open thread of dispute or Transactional liability on the User. Deletion of Account will not suspend or terminate any obligation undertaken by the User before deletion. Notwithstanding the deletion of the App account, User is obliged to repay any loan or credit line availed by CheQ. CheQ may continue to retain a record of your transactions made on the CheQ App for regulatory and archival purposes.
User Communications
Accepting these T&C, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Services. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided (at the time of registering on the App/Website or thereafter or for creating an Account) to us are your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone/ mobile numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a telephone/ mobile number(s) and/or email address(es).
User Guidelines
In consideration of the Company granting you the rights hereunder, you hereby agree not to use the Services for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&C and our Privacy Policy. You shall not use the Services in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any other server, or interfere with any other party's use and enjoyment of the Services. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any other server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available to your Account or through the Services.
You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
You shall not copy, reproduce, distribute, or create derivative works or modify the Services Content that is available on the App/Website. Also, you shall not attempt to decompile or reverse engineer or reverse compile our technology/ software that is available on the App/Website or transfer the material to another person or “mirror” the material on any other server, including, without limitation, such Java applet, as may be associated with the App/Website and/ or the Services from time to time.
You shall request the Company to block the Account and change the password immediately for the Account, if your Device has been lost or stolen.
You are responsible for any and all activities that occur in your Account. You agree to notify the Company immediately of any unauthorized use of the Account or any other breach of security. The Company shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform the Company within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
You shall be liable for losses incurred by the Company or any other party due to a third party’s use of your Account. You shall not use any other person’s account at any time, without the permission of the account holder and the Company.
The Company shall make all reasonable efforts to ensure that your information is kept confidential. However, the Company shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and the Company shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
You understand that any agreement made by you for provision of services or receipt of services shall be made between you and the Company and not directly between you and the party to whom such services are provided or from whom such services are sought.
You understand and acknowledge that upon using the Services, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Services, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.
Accuracy of materials
The material as part of the Services and as appearing on the App/Website could include technical, typographical, or photographic errors. The Company does not warrant that any of the material on the App/Website is accurate, complete or current. While, the Company may make changes to the material made available as the Services or on the App/Website at any time without notice, however it is under no obligation to update the material.
Third Party Links, Promotions and Advertisements
All the App/websites linked to the App/Website are not verified by the Company and inclusion of any link does not imply endorsement by the Company and usage/ access of/ to any such linked App/website is at the user's own risk.
The App/Website may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties.
You acknowledge and agree that the Company is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.
Force Majeure
The Company shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.
Indemnification
You agree to protect, defend and indemnify us and hold us and our officers, directors, partners, employees, agents, investors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the App/Website and/ or the Services in violation of these T&C and/or your infringement, or infringement by any other User of your Account, of any intellectual property or other right of anyone. The terms of this provision will survive any termination or cancellation of these T&C or your use of the Services.
Warranties
The Services and the functions and features of the App/Website are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Company shall make reasonable efforts to provide the Services and the functions and features. However, we make no warranty that the Services shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
The Company shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond its control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
Any material downloaded or otherwise obtained through the Services is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these T&C.
Refund and Chargeback
CheQ shall not be responsible for any incorrect details or inputs given from User’s end at the time of transaction at CheQ App. The Estimated time to credit differs on a Bank to Bank basis, which may take 48 to 72 working hours in a normal scenario. In some situations the transaction settlement may take much longer time. CheQ will not be responsible for such scenarios and the User may contact the Bank considering the timeline. In case, the delay in transaction settlement results in to excess charges and late fee towards the credit payment, the User may contact the relevant Bank. CheQ, in any scenario, will not be responsible for any late fee/ charges imposed by the Customer Bank.
In case the money is debited from User’s Bank account or Instrument and not credited towards the credit repayment within 72 (seventy-two) working hours of completion of the transaction then User may contact the Customer support section. The incident will be lodged and investigated, if it is found that money was indeed charged to User payment instrument without delivery of the payment, subject to the correct information provided by the user, then the money will be refunded to the Source Account within twenty-five (25) working days or as per the present law mandate, from the date of receipt of User query.
All refunds will be credited to the Source Account. However, CheQ disclaims any and all liability, including for refunds, in the event of any error arising from a failure in the applicable bank, card network, BNPL Partner, BBPS network or any other intermediary service provider’s systems or networks.
In case a payment has been erroneously made and credited to a User credit card account, loan, Account, BNPL Account or Bank account, CheQ reserves the right to automatically initiate a refund through User’s bank. The User is hereby giving her/his consent to refund the wrongful initiated payment and to offset any wrongful transaction. Such transaction or action will be informed to the User in a timely manner.
Limitation of Liability
In no event shall we be liable for any direct, indirect, punitive, incidental, special orconsequential damages or for any damages whatsoever including, without limitation, damagesfor loss of use, data or profits, arising out of or in any way connected with the access, use or performance of the services, functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the services, any services, data, information or services purchased or obtained or messages received or transactions entered into through or from the services, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the services, or inability to use the services, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. This clause shall survive in perpetuity.
Confidentiality
"Confidential Information" means non-public information that Disclosing Party designates as being confidential in writing or orally or it is third party /Customer's sensitive information which is disclosed in confidence or which under the Confidential Information circumstances surrounding disclosure ought to be treated as confidential "Confidential Information"
For perpetuity from respective disclosure under this Agreement, the receiving Party shall treat as confidential all Confidential Information Provided by the other Party, including the trade secrets, proprietary information, sensitive personal information, or other sensitive information belonging to its customers, financial details, shall not use such Confidential Information except as expressly set forth herein or otherwise authorized in writing, and shall not disclose such Confidential Information to any third party except as may be necessary and required in connection with its rights and obligations under this Agreement.
Exceptions: Notwithstanding the above, neither Party shall have liability to the other with regard to any Confidential Information which-
Was generally known and available in the public domain at the time it was disclosed, or became generally known and available in the public domain through no fault of the receiver.
Was known to the receiver at the time of disclosure as shown by the files of the receiver in existence at the time of disclosure.
Is disclosed with the prior written approval of the discloser.
Is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided; that the receiver shall provide reasonable advance notice thereof to enable the disclosure to seek a protective order or otherwise prevent such disclosure.
Severability
If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
Termination
The Company may block, restrict, disable, suspend or terminate the use of the Services at any time without giving any notice to you in case you are inter alia found to (i) Be in breach of the terms of these T&C (including the Privacy Policy); (ii) Violate any applicable laws; (iii) Be infringing the intellectual property rights of any third party; (iv) Be acting in a manner which may result into any claim against the Company.
Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of and access to the Services and/ or App/Website and you must destroy any downloaded materials in your possession whether in electronic or printed format.
Any termination of your right to use or access the App/Website and/ or the Services shall not affect liability incurred by you prior to such termination.
Waiver
Any failure on the part of The Company to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by The Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.
Assignment
You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of The Company. Subject to the foregoing, these T&C will be binding on your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. The Company’s rights under the T&C are freely transferable by The Company to any third parties without the requirement of intimating you or seeking your consent.
Updates
The Company reserves the right to update the App/Website and/ or the Services, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation.
You hereby agree to install the updates from time to time and acknowledge that the Company will only be able to provide Account support for the Services if you ensure to install all updates upon receiving notifications thereof when using the Services.
Validity of T&C
These T&C shall apply when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you maintain the Account.
Governing Law and Jurisdiction
These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with laws of India. By using the Services, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, India, in the event of any disputes arising out of or in relation to your access to and use of the Services.t.
Grievance Redressal
The User may report violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated by the Company in relation to the Website/Platform through the customer support email address Support@cheq.one.
