ReputeInfo logo

Terms of use

These terms of use (“Terms of Use”) govern the use of Web Application (“ReputeInfo” or “Web”)  www.reputeinfo.com and Mobile Application(“Mobile App” or “App”) at respective app stores(hereinafter collectively referred to as the(“Platform”) owned and operated by BinarySphere Online Services Private Limited (“We”/ ”Us”/ “Our”), having its office at 7- 339, AG- 2, Opposite Hathi Bag, Main Road, Moti Daman, Daman – 396220, India by the customers and service providers (hereinafter collectively referred to as “User(s)”/ “You”/ “Your”). By using the Platform, you confirm that you accept these Terms of Use and that you agree to abide by them.



1. REGISTRATION OF USERS


1.1. Registration of Individuals:


1.1.1. You will need to sign-up with Us by filling the sign-up form by providing the below mentioned information and open a ReputeInfo account (“Account”) about yourself:


(i) Aadhaar number;


(ii) Permanent Account Number (“PAN”);


(iii) Name - The name provided shall be exactly the same as the name mentioned in the aadhaar card or PAN card;


(iv) Mobile number - It is mandatory to provide your mobile number preferably as mentioned in the aadhaar card (if the same is operational) or any other operational mobile number. The mobile number provided will be verified through a one- time password (“OTP”);


(v) Email address - The email address will be verified through OTP. Providing email address is optional but recommended;


(vi) Password – You agree to accept the responsibility for protecting the confidentiality and strength of your password to prevent any unauthorized use of your account.


(vii) Address - The address provided by you shall be exactly the same as the address mentioned in Your aadhaar card.


(viii) Verification – You agree that in the course of registration, You will upload colored scans of Your latest photograph, PAN card and aadhaar card with minimum 200 dots per inch (“DPI”) in a legible manner and the same shall be used to verify Your information. The Account shall be activated after the aforesaid verification; and


1.1.2. You must ensure that the information provided by You is correct, complete and not misleading. You should also inform Us promptly of any changes to the information that You have provided, by updating Your details, so we can communicate with You effectively. In the event, the information supplied by You is incorrect, incomplete and misleading, Your registration shall be cancelled and Your Account will be deactivated.


1.1.3. The registration/user license/subscription will be valid for a period as mentioned in the subscription plan selected by You at the time of registration. Thereafter, the registration/user license/subscription may be renewed for such further period and on such terms as may be mutually agreed.


1.2. Registration of Company:


1.2.1. For availing the benefit of Our Platform, You will be required to register your business with Us. You will be asked to provide the following information about Your business:


(i) Company PAN number – PAN number of the Proprietor if it is a Sole Proprietorship firm or Company’s (“as defined under The Companies Act, 2013”) PAN number in case of a Company for other legal entities shall be provided;


(ii) GST number;


(iii) Company Name - The Company name provided shall be exactly the same as the Company name mentioned in the GST registration certificate (in case of proprietorship firm) and PAN card (in case other legal entities such as Company, partnerships, LLPs, etc.). It must be ensured that, separate registration number is obtained with respect to proprietorship firms of the same proprietor.


(iv) Sector;


(v) Registered office address – The registered office address shall be exactly the same as the address mentioned in the GST registration certificate;


(vi) Verification –You hereby agree that in the course of registration of Your business, You will upload colored scans of Your PAN card and Your GST registration certificate with minimum 200 dots per inch (“DPI”) in a  legible manner and the same shall be used to verify your business information. Your Account will be activated after the aforesaid verification.; and


1.2.2. You will be registered as a primary/owner Account holder. Your authorised representatives can individually register themselves in accordance with the terms mentioned under clause 1.2.1 above (You as a primary/owner Account holder can add them as an administrator or employees. The administrator shall have access to all the data with respect to the Company available on the Platform.)


1.2.3. The registration/user license/subscription will be valid for a period as mentioned in the  subscription plan selected by You at the time of registration. Thereafter, the registration/user license/subscription may be renewed for such further period and on such terms as may be mutually agreed.



2. USER SEARCH


2.1. Individual and Company Search:


2.1.1. On a search being conducted by the Registered Users or any third party on the home page of the Platform, the details/results whether the individual or Company exists or not in the Platform/database shall be displayed. No names or other identifying information shall be available in the search result.


2.1.2. The following details inter alia, with respect to the search conducted will be stored in Our database:


(i) The internet protocol address (“IP address”) of the computer used by the person conducting the search;


(ii) Data from cookies;


(iii) Other third-party data;


(iv) Details pertaining to the previous searches conducted from the same computer; and


(v) Any other data as we may deem fit.



3. TRANSACTIONS ON THE PLATFORM


3.1 Execution and Acceptance of Transactions


3.1.1. In the course of sending a “Bill Transaction” request on behalf of your authorized Company, You will be required to fill up the terms of the transaction as per the form provided and upload a color and minimum 200 dots per inch (“DPI”) scanned copy of the original bill/ invoice/ purchase order and any other relevant document, with respect to the transactions with other Users on the Platform.


3.1.2. You hereby agree to vigilantly check the terms of the transactions and the documents uploaded before accepting the same on behalf of your authorized Company. Thereafter, you will be required to accept or decline the transaction by clicking on the box provided for such purpose.


3.1.3. You acknowledge and agree that, the acceptance of the transaction by you will constitute a legally valid and binding contract between Your Company and the Company on whose behalf the sender had sent the “Bill transaction” request.


3.1.4. You will not be allowed to cancel the transaction once You have communicated Your acceptance for the same in the system. The transaction will become live immediately on acceptance.


3.1.5. You hereby agree to receive any relevant text messages, emails, notifications and any other form or channel of communication that We as well as the other Users may send pertaining to the use of the Platform or the transactions contemplated. However, the Users sending text messages to the other Users must ensure that no irrelevant/spam text messages are sent.


3.2. User Score


We will provide a performance score to the Users, determined on the basis of such parameters as We may deem fit and proper.


3.3. Defaulted Transactions


3.3.1. Registered Users with valid subscription on behalf of their authorized Company reserve the right to declare a Company as a Defaulter by declaring the said Company’s transaction as Defaulted (whether contemplated, ongoing or completed) on their own determination. If the same is not in compliance with the applicable laws and/ or in breach of these Terms of Use.


3.3.2. The Users on behalf of their authorized Company making complaint will be required to upload the relevant documentary evidence supporting their claim of a Company being a Defaulter on the Platform. The responsibility of uploading correct, legible and relevant documents will be upon the Users making the complaint.


3.3.3. We will inform the Users about any defaulter declaration made against their authorized Company and the Company’s relevant transactions (whether contemplated, ongoing or completed) entered into by them through text messages, email, notifications or other relevant communication channels.


3.3.4. The Users who are authorized persons of the defaulter declared Company will have an opportunity to challenge the declaration made against such Company within a period of 48 (forty-eight) hours from the receipt on intimation of the defaulting.


3.3.5. In the event, the authorized persons of the Defaulter Company do not challenge the claim within the time period mentioned under clause 3.3.4 above, the declaration shall be treated as valid and We will have the right to share the information with respect to the same on Our Platform.


3.3.6. If the authorized persons of the Defaulter Company challenge the declaration made against such Company, then the same will be resolved in accordance with the provisions of clause 22 and clause 23 of these Terms of Use.


3.3.7. We will have the right to disclose any details with respect to the Company and its authorized persons and/or the transactions if the same is required by an order of any adjudicating authority.


3.4. Payment of Fees


You will be required to make payment of an agreed amount towards fees for the use of the Platform for a period as mentioned in the plan selected by You. Under no circumstances shall the fees paid by You for use of the Platform shall be refunded.


Incorrect/ Misleading Information


You must ensure that the information/ Documents provided by You on registration is correct, complete and not misleading. In case of any change in the information provided by You, You must promptly inform Us of such changes by updating Your details, so that We may communicate with You effectively.


3.5. All the documents uploaded with respect to transaction and/ or use of the Platform shall have a minimum of 200 DPI and should be a legible and colored scanned copy of the same;


4. RESPONSIBILITIES


4.1. Our Responsibilities towards the Users


4.1.1. We will exercise reasonable skill and care with respect to the access of the Platform by the Users. However, You acknowledge and agree that the use of the Platform is subject to the following limitations and disclaimers:


(i) Although We have asked all users to use the Platform responsibly, We cannot guarantee the accuracy, integrity or quality of any information You view or receive from the Users that are registered with Us. This includes any information contained about the details of the Users or the quality of support You may receive from them. You also acknowledge and agree that the information is intended to be indicative only and will not form the basis of a binding contract between You and the other Users. If You choose to instruct a User to provide any services to You, We strongly recommend You to execute a written agreement with them clearly detailing the work to be done and the prices to be paid. We will not be a party to any such agreement or contract and will not under any circumstances have any responsibility and/ or liability to You for the performance or quality of any services which You ask the Users to carry out.


(ii) You acknowledge and agree that We have the absolute discretion to determine the registration and listing criteria. We do not provide any guarantee that You will be invited to receive any particular volume of services or that You will gain any extra work by utilizing Our Platform. You acknowledge and agree that We do not check or verify the details of any service bookings and do not guarantee the accuracy, integrity or quality of any information which is posted by third parties.


4.2. Responsibilities of Users


4.2.1. You agree to abide by the Terms of Use when using the Platform. You shall be solely responsible for checking and verifying the details of any services accepted/ rendered on the Platform by You and the terms of any support thereof. You shall be responsible for complying with all applicable laws and regulations in Your dealings with other Users and for the performance and quality of any support which You agree to provide to/ receive from a User.


4.2.2. By registering as a User and by using the Platform, You agree to indemnify and hold Us harmless from all costs, losses or claims which may result from any information You submit or transmit via the Platform or from any support which You agree to provide to/ receive from any User.



5. USERNAME AND PASSWORD


After the registration, a username and password (“ID”) will be generated for the use of the Platform by You, which You must keep confidential. You shall be solely responsible for preventing any unauthorized use of the ID and notify Us in case any theft or unauthorized use of the ID takes place. We reserve the right to suspend and/ or block Your ID if the same is used in contravention of these Terms of Use.



6. USE OF PLATFORM


The Platform allows the registered users to create, edit and submit necessary information including creating User profile, posting details of the services and responding and updating the status of the services. We do not seek to monitor or control the submission of information. However, We do reserve the right to delete, move and edit any material submitted where We consider it necessary to do so. You agree to comply with all applicable laws and regulations when using the Platform and are solely responsible for all the information You submit for inclusion or transmission. You must not post or transmit any material that (i) is fraudulent, dishonest or misleading; (ii) is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any law; (iii) encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice; (iv) infringes the copyright or other rights of any third party; (v) is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data). You grant Us a royalty-free, non-exclusive license to use, reproduce, modify, translate, make available and distribute the material for the purpose of operating the Platform.



7. ALERTS/NOTIFICATIONS


7.1. We may from time to time provide automatic alerts/notifications and payment related alerts linked with Your Account on Platform. Further, automatic alerts may be sent to you following certain changes to Your Account or information, such as changes in your registration information. By accepting the terms and conditions and/or using the Services, you accept that we may send the alerts to your registered mobile phone number and /or registered e-mail id.


7.2. You acknowledge that the alerts will be received only if the mobile phone is in “On” mode to receive the SMS. If the mobile phone is in “Off” mode, then you may not get/get after delay any alerts sent during such period. Electronic alerts will be sent to the email address provided by you as your primary email address for the Services. If your email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.


7.3. We will make best efforts to provide the Service and it shall be deemed that you shall have received the information sent from us as an alert on your registered mobile phone number or email id and we shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold us liable for non-availability of the service in any manner whatsoever.


7.4. You further acknowledge that You shall have the obligation to inform us about any change in your mobile phone number or e-mail address. Alerts /notification will be sent to your new mobile number or e-mail address after registering and linking it with your Account. You acknowledge that the SMS service or email service provided by us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event you observe any error in the information provided in the alert, you shall immediately inform us about the same. We will make best possible efforts to rectify the error as soon as possible.



8. GENERAL TERMS AND CONDITIONS


8.1. You must be above the age of 18 years to use Our Platform.


8.2. To keep the Platform up to date, You agree that We may automatically provide You with such updates without Your further consent or notice to You. Please note that if the updates are not installed or such installation is stopped by You, Our Platform may not operate properly or may not operate at all. We do not guarantee that We will make any updates available for Our Platform, or that such updates will continue to support Your device or system.


8.3. You may access and use the Platform only for Your personal/business and lawful purposes in accordance with these Terms of Use. You agree not to access the Platform by any means other than through the interface that is provided by Us.


8.4. You shall comply with any codes of conduct, policies or other notices that We provide to You or publish in connection with the use of the Platform, and You shall promptly notify Us if You learn of a security breach related to the use of the Platform. Additionally, You shall be responsible for complying with any laws, rules and regulations for the use of Our Platform in Your jurisdiction.



9. MODIFICATIONS TO THE PLATFORM


9.1. We reserve the right to add, change, modify, discontinue or remove features from Our Platform at any time without cause, temporarily or permanently with or without any notice to You. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of Our Platform.


9.2. You shall not modify, adapt or hack the Platform, or otherwise attempt to, gain unauthorized access to the Platform or their related systems or networks.



10. TERMINATION OF SERVICES


We may suspend or cancel Your registration and/ or terminate Your access to the Platform if You are in breach of these Terms of Use or have made any improper use of the Platform. You may cancel Your registration by giving Us a prior written notice of atleast 90 (ninety) days. If You do so, You must stop using the Platform. The suspension, cancellation or termination of Your registration and Your right to use the Platform shall not affect either party’s statutory right or liabilities.



11. INTELLECTUAL PROPERTY RIGHTS


11.1. Unless otherwise stated, the intellectual property rights in the Platform (including without limitation all content, materials and technology used or appearing or transmitted through it) belongs to Us or Our licensors.


11.2. Subject to the terms and conditions of these Terms of Use, We hereby grant You a personal, non- transferable, non-sublicensable and non-exclusive right and license to use the Platform solely in accordance with these Terms of Use, provided that You shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in the Platform.



12. CONFIDENTIALITY


12.1. You shall treat this Agreement as confidential. You shall not, except with Our prior written approval, disclose or make any public or other announcements of any aspect covered by these Terms of Use and any other relevant information and documents, the contents of which are made available to You with respect to the use by you of the Platform, unless required to do so and to the extent necessary under these Terms of Use, on a need to know basis, while always ensuring that the persons to whom such information and documents are disclosed maintain the strictest confidentiality of the same.


12.2. We reserve the right to disclose any information/ documents pertaining to the User and/ or any transaction on the Platform, in the event such information/ documents:


11.2.1. have ceased to be confidential without default on Our part;


11.2.2. have been received from a third party who did not receive it in confidence; and


11.2.3. We are required by any court, government or other regulatory body to disclose, but only to the extent required by law.



13. DISCLAIMERS


13.1. We endeavor to ensure that the information available on or through the use of the Platform is correct, up to date and accurate. We are mere service providers; You use the services at Your own risk. However, We do not warrant the accuracy and completeness of such information. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your property or loss of data that results from such download. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated herein.


13.2. We will not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to payment gateway; interruption or stoppage of the Platform; non-availability of connectivity links/hyperlinks. Our sole obligation and your sole and exclusive remedy in the event of interruption in Services or loss of use and/or access to Services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible.


13.3. The Platform permits You to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that it is accurate and complies with all the relevant laws. We will not be responsible to You for the conduct of any such third party or for any error or inaccuracy in the information submitted by them. We make no promise that the Platform will meet Your requirements or that the Platform will be free of fault or continuously available. Your access to the Platform may occasionally be restricted to allow for repairs, maintenance or the introduction of new features.



14. INDEMNITY


14.1. You shall defend, indemnify, and hold harmless Us, Our affiliate companies, directors, associates, agents and officers from and against any loss, expenses, claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of these Terms of Use or violation of any third party rights by You hereunder.


14.2. We shall not provide notice to You of any such claim, suit or demand. Further, We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this clause. In such case, You agree to cooperate with any reasonable requests assisting Our defense of such matter.


14.3. The obligations contained in this clause shall survive the termination of the Terms of Use with You and Your use of Our Services.



15. LIMITATION OF LIABILITY


15.1. To the fullest extent permitted by law, We exclude all liability to You for any damage to property, loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of or in connection with Your use of the Services or any fault or problem relating to or any content received via the Platform. Nothing in these Terms of Use shall exclude or limit Our liability for death or personal injury due to Our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under the applicable laws. Your statutory rights as a consumer are not affected by these Terms of Use.


15.2. Notwithstanding anything contained in these Terms of Use, under no circumstances shall Our aggregate liability for all loss, cost, damage and expense whether for negligence or breach of these Terms of Use or any case whatsoever exceed the current sale price of the product/service.



16. FORCE MAJEURE


In the event that the performance of any of Our obligations pursuant to these Terms of Use is prevented, hindered or delayed by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, war or other violence, or any applicable law, order proclamation, regulation, ordinance, demand or requirement of any governmental or regulatory authority ( collectively “Force Majeure Event”), then We will be excused for such non-performance, hindrance or delay, as applicable, from Our obligations hereunder, to the extent that they are affected by the Force Majeure Event.



17. NOTICES


All notices shall be sent to Us/ You via email or at the postal address provided.



18. GOVERNING LAW


These Terms of Use shall be governed by and construed in accordance with the laws of India. The parties subject themselves to the exclusive jurisdiction of the courts at Mumbai, India.



19. DISPUTE RESOLUTION


Any dispute in respect of all or any of the provisions of these Terms of Use shall be resolved amicably within 15 days of notifying the same to the other party and in the event neither party reaches an agreement, the dispute should be resolved by Arbitration which shall be referred to a Sole Arbitrator in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be Mumbai, India and the language used shall be English.



20. ENTIRE AGREEMENT


The Terms of Use and the Privacy Policy represent the entire agreement between You and Us in relation to the use of Our Platform and shall supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing. Further, You acknowledge and agree that, You have not relied on any representation, undertaking, promise or implied any warranty, whether conveyed orally or in writing, except as expressly stated herein.



21. CHANGE IN TERMS OF USE


We reserve the right to change these Terms of Use at any time. You are expected to check and get acquainted with these Terms of Use from time to time.



22. WAIVER


No delay in enforcing any provision of the Terms of Use will be construed to be a waiver of any rights under that provision by Us.



23. ASSIGNMENT


You shall not assign any of Your rights or obligations under these Terms of Use without Our prior written consent.



24. SEVERABILITY


If any provision of these Terms of Use is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.