@if(isset($type) && $type == 'consumer') @else @endif

@if(isset($type) && $type == 'consumer') TERMS OF USE @else Terms of Use for Credit Fair’s Partners (including Merchants) @endif

Thank you for using www.creditfair.in (the “Website”) or https://partner.creditfair.in/ (the “App”). These terms of use govern your use of our site / App. Please read these terms in full before you use this website or App. If You Do Not Wish To Be Bound By These Terms Of Use, You May Not Access Or Use The Website/App. Your continued use of this site or app confirms your acceptance of these terms. Please note separate advertising terms and conditions are available upon request. These Terms of Use are provided on behalf of BlackSoil Capital Private Limited.
Our customers and merchant partners’ privacy is very important to us. Our privacy policy explains how we treat any personal information and protect customer privacy when you use our Website / app. We will not share or sell any personal information with any third party, except as specifically described in our privacy policy, which is hereby incorporated by reference into these Terms of Use.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website, app and material on the website/app. Subject to the licence below, all our intellectual property rights are reserved.
All reasonable measures are taken by us to ensure that this website / app is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website / app is unavailable at any time. Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
You hereby declare that you are over 18 years of age, of sound mind and a person resident in India as defined under Foreign Exchange Management Act, 1999.You hereby declare that you are a human being and not a “bot”.
You may be presented with the opportunity to pre-register and/or apply for a loan through the Website / App. When pre-registering or applying for a loan on the Website / App, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, Credit Fair has the right to terminate your loan pre-registration and/or application and to decline to provide any and all future use of the Website / App. We or our partner lenders reserve the right to decline your application for a loan.
You may view, download for caching purposes only, and print pages from the website / app, provided that:
  • You must not republish material from this website / app (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system. (Though we encourage fair use for academic / non-commercial purposes
  • You must not reproduce duplicate, copy, sell, resell, visit, or otherwise exploit our website, app or material on our website for a commercial purpose.
You may be required to create an Account to use of the certain parts of the Website / app. When you create an account, you might be required to login using Social Platforms like Facebook and LinkedIn. We will also be generating some links which are confidential and exclusively meant for you. You may not disclose these links to any third party. If you learn of any unauthorized use of your links or account, please contact us immediately.
This Website may contain links to websites maintained by non-affiliated third parties. Such websites may have Terms of Use, Privacy Policies, or security practices that are different from those of this Website. K. M. Global Credit Pvt Ltd does not endorse or recommend, and hereby disclaims any liability for, any information or products offered at such websites.
Credit Fair, K. M. Global Credit Pvt Ltd, does not warrant the accuracy, adequacy or completeness of the information provided herein and expressly disclaims liability for any errors or omissions in such information. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information. Calculators and tools on the Site provide you with ESTIMATES that may be different than actual amounts.
You agree that all access and use of the Website / app and its contents is at your own risk. The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
Credit Fair, K. M. Global Credit Pvt Ltd, (including its officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the website), or (ii) any use of the website or content, or (iii) the performance or non-performance by Credit Fair or any provider or (b) any damages to or viruses that may infect my computer equipment or other property as the result of my access to the website /app or my downloading of any content from the website / app.
You must not use our website/app in any way that causes, or may cause, damage to the website, app or impairment of the availability or accessibility of the website / app.
You must not use our website / app in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website / app for any purposes related to marketing without our express written consent. You must not use our website / app to copy, publish or send mass mailings or spam.
You must not use our website / app to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under applicable law. All material you copy, publish or send via our website / app must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website / app, or commencing legal proceedings against you.
You hereby confirm to register with you to avail a loan / credit using the services provided by Credit Fair.
You grant Credit Fair a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any information or content that you post on or in connection with your use of the Website / App, subject to the privacy provisions described in our privacy policy.
You confirm that all information given to Credit Fair (whether in Credit Fair’s online form or otherwise) is true, correct and not misleading. You agree to provide any additional documents to Credit Fair as may be required from time to time
You agree that you will not use the Website / App for commercial purposes that are in conflict with those of Credit Fair.
We may remove any content or information that you share on the Website / App for any reason.
Certain services, such as accounting information depend on continuous connection to the Credit Fair database. Credit Fair makes no assurance, representation; promise whatsoever that such connectivity will always be available.
You hereby understand that when you apply for a loan, Credit Fair or our partner lenders may check your records amongst other things with its own records, any information as available to Credit Fair through any of its sources, those at credit reference agencies (CRAs); those at fraud prevention agencies (FPAs) for assessing your credit worthiness, verifying identity to prevent and detect crime and money laundering.
Credit Fair also has the right, and obligation, to report your details to credit reference agencies (CRAs) in the event that you have delayed in repaying your loan instalment.
Credit Fair, has offered as privileged service to the User (without any charge). However, Credit Fair reserves the right to levy any service charges as applicable from time to time in consideration for the services provided herein to the user. In case user is not consenting to any service charges then, user may opt out of Credit Fair services.
We may revise this disclaimer from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
This disclaimer constitutes the entire agreement between you and us in relation to your use of our website / app and supersedes all previous agreements in respect of your use of this website / app.
The laws of India, without regard to its conflict of laws rules, will govern these Terms. In case of any legal action courts located in Mumbai, India will have jurisdiction over such matters. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Please direct all questions or comments about these Terms of Use to info@creditfair.in
BlackSoil Capital Private Limited, (brand name Credit FairTM), a company incorporated under the Companies Act, 2013 with CIN _U65999MH2018PTC308921_ and having its registered office address at Office no. 501, B wing, Naman Midtown, Senapati Bapat Marg, Gokhale Road, Dadar West, Mumbai 400028. and Corporate Office Address at 6A, 6th Floor, Corporate Centre, Andheri Kurla Road, Near JB Nagar Metro Station, Andheri East, Mumbai 400059. (hereinafter referred to as the “Company”, which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns) of the ONE PART;

AND
User refers to the Company’s partners (including merchants and their representatives) hereinafter referred to as the “Merchant” (which expression shall, unless repugnant to the context or meaning thereof, be deemed to include, its successors and assigns)
of the OTHER PART.

“Parties” shall mean collectively the Company and Merchant and “Party” means each of the Company and Merchant individually.

  • Merchant is engaged in the business of providing products and services;
  • The Company desires to provide services of collecting information, data and documents relating to persons from various sources and in analysing, processing, and disseminating such information, data, analysis and/or documents to Lenders (as defined hereinafter) to enable such other Lenders to provide various financial and other services;
  • Merchant desires to commence providing an option to Customers to express their interest in obtaining debt financing from one or more Lenders. In connection with such option, Merchant is desirous of providing to the Company, the Customer Data (as defined hereinafter) for onward transmission to Lenders, their agents, service providers, advisors or representatives;
“Borrower” means a Customer who has availed of any credit facility from a Lender;
“Customer Data” means, all information regarding the Customer’s transactions, sales, revenue, ratings or feedback in relation to services provided by the Merchant, history of business, payment history, cancellation and refund history, all corporate data, PAN number, TAN number, GST registration, credit period and/or terms provided by Merchant and other information of a similar nature in relation to transactions in each case; and such other information, as may be mutually agreed between the Parties from time to time in relation to the Customer s; and
“Customers” includes businesses, individuals, body corporates who transact with the Merchant.
“Designated Bank Account” means the bank account of the Customer to which the Customer receives all payments in relation to transactions carried out by the Customer;
“Interested Customer” means a Customer who has expressed interest in availing any credit facility from a Lender;
“Lender” means any Person that avails of technology, data mining and/or analytics services from the Company for the purpose of providing credit facilities to Interested Customers;
“Marketing Data” means segment level information or anonymized transaction and Customer profile data, or as may be mutually agreed between the Parties from time to time;
“Person” includes an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organisation, a joint stock company, a bank, a non-banking financial company or other entity or organisation, including a government or political subdivision, or an agency or instrumentality thereof and/or any other legal entity;
“Prohibited Activity” means any act is illegal or fraudulent or otherwise prohibited by law; “Prospective Credit Situation” means any event or circumstance which causes a determination to be made by any Lender that a Borrower’s risk of a being unable to meet its financial obligations to such Lender may increase;
NOW, THEREFORE, in consideration of the mutual agreements, covenants, representations and warranties set forth in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties hereby agree as follows:
  1. The Company shall use the Customer Data for the purposes contemplated under this Agreement, and in connection therewith, may use, retain, process, analyse, reproduce, transmit, distribute, create derivative works out of, or make available to any Lender, the Customer Data.

    1. Merchant agrees that it shall:

      1. on and with effect from the date of this Agreement, transmit, as mutually agreed by Parties, all relevant Data if any to the Company.
      2. procure and maintain in full force and effect, consents from Customers (in form and substance acceptable to the Company) in relation to the transmission of the Customer Data by Merchant to the Company and the use and further dissemination of such Customer Data by the Company;
      3. report to the Company promptly, any change in the Customer Data that had been previously transferred to the Company, as soon as Merchant becomes aware of such change;
  2. Merchant shall ensure that the Customer Data is not deleted, removed, obscured or modified in any way prior to its transmission to the Company. Merchant shall transmit the Customer Data to the Company “as is” without any changes in substance of the Customer Data.
  1. Merchant shall keep all Customers informed regarding their option to avail credit facilities from various Lenders represented by the Company.
  2. Both Parties agree that it shall take all other actions in relation to marketing as may be mutually agreed between the Parties.
  1. Merchant shall indemnify and hold harmless (such Party being the “Indemnifying Party”) the other Party, its Affiliates and their directors, officers, employees, agents, advisors and representatives (“Indemnified Parties”) from and against all claims (including any claim by any third party, including a governmental authority), losses, damage, costs and expenses (including reasonable legal and other advisor fees) incurred or suffered by any Indemnified Party, which arises out of or is in relation with:
    1. the breach by the Indemnifying Party of any obligation, representation, warranty and/or covenant contained in this Agreement; and
    2. any act of fraud or misrepresentation committed by the Merchant, or breach of Law by the Merchant.
  1. Each Party shall retain their respective rights, title and interest in its patents, copyrights, trademarks, proprietary marks and/or licensed software, service marks and trade secrets ("Intellectual Property Rights").
  1. The Parties agree that the Company owns and retains all right, title and interest in and to all reports, documents, materials, ideas, concepts, know-how, specifications, plans, notes, drawings, designs, pictures, images, text, audio-visual works, data, information and other items, expressions, works of authorship or work product of any kind that are authored, produced, created, conceived, collected, developed, discovered or made by the Company in connection with the Customer Data or which relate in any manner to the Customer Data.
  1. In light of the said Agreement, “Confidential Information” means any information, financial, technical data or know-how, including, but not limited to, that which relates to research, products, services, business plans, customers, markets, software (including source and object code), graphic user-interface, computer programs, algorithms, hardware configuration, developments, inventions, processes, designs, drawings, engineering, marketing or finances, which confidential information is designated in writing to be confidential or proprietary or, if given orally, is confirmed promptly in writing as having been disclosed as confidential or proprietary. The Confidential information shall not include any know how, technical or otherwise, already present with the Merchant and the Company prior to signing of this Agreement.
  2. Further all information provided for under this Clause shall not be construed as Confidential Information:
    1. Information that is lawfully known by the either Party at the time of disclosure without any obligation to keep the same confidential; or (b) information that becomes, through no fault of the either Party, known or available to the public; or (c) information that is independently developed by the one Party without use or reference to such Confidential Information; or (d) information that is rightfully disclosed to one Party by a third party without any restrictions on disclosure; or (e) Customer Data that is provided by Merchant to the Company with Customer consent to facilitate the lending process; or (f) information that is developed by either Party as a derivative work based on any Confidential Information for any purpose contemplated under the Agreement.
  3. Merchant (including its staff and agents) shall (i) not to use Confidential Information for any purpose other than in relation to the services contemplated under this Agreement ; (ii) except as provided for under this Agreement, not disclose the Confidential Information to any other party except to such of its staff and agents who have a need to know for the Purpose and have been properly briefed regarding the restrictions on use and disclosure; and (iii) take proper care and all reasonable measures to minimize the risk of unauthorized disclosure or use of the Confidential Information with at least the same standard of care as the Company applies to its own Confidential Information.
  4. In the event of any request to disclose Confidential Information is received by any Party, that Party shall firstly, promptly notify the other Party thereof, and upon the request of the latter, shall fully cooperate with the former in contesting such disclosure and secondly, the former shall only disclose so much of Confidential Information to the authority compelling disclosure, as is required by law.