These terms and conditions (“Terms”) constitute a binding and enforceable contract between Bizcon Fintech Labs Private Limited having registered office at 130 Kapil Vihar Pitampura, New Delhi - 110034, and you, an end user of the platform (“user” or “you”) in relation to the use of the CredFlow mobile application (“App”), web app [app.credflow.in] and of Website (https://www.credflow.in) collectively referred to as the “Platform”. You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms.
You agree and acknowledge that by accessing the Platform through any computing platform, you have carefully read and understood the Terms that govern the use of the Platform and are bound by the Terms for as long as you are accessing or using the Platform.
You understand that in addition to these Terms, you are also required to comply with the terms and conditions of the application store through which the App is downloaded.
You agree to not use the Platform for any purpose that is prohibited by these Terms or applicable law or is opposed to public policy.
The Platform’s primary feature is to automate payment collection process & enhance business cashflows with ancillary services on top. In the process it shall send you and your debtors’ reminders on call, sms, WhatsApp, etc. as detailed in the platform. You hereby give explicit free consent for the same.
In order to access the Platform and its features, you will be required to create an account on the Platform by setting up a username and password which
will be linked to your phone number and email address (“Account”). CredFlow might require you to share information, including information pertaining to your identification in the process of creation of the Account. You agree that all information provided in this regard is complete, true, and accurate and nothing therein is concealed and/or supressed.
You agree that you shall implement reasonable measures to secure access to any device associated with the email address or phone number linked to your Account with the Platform; and login or identifying credentials to access the Platform. You are responsible for maintaining the confidentiality of your id and password during the Account registration process. You agree to immediately notify CredFlow of any disclosure or unauthorised use of your Account, or any other breach of security with respect to your Account.
You expressly agree and consent to be liable and accountable for all activities that take place through your Account. CredFlow shall in no manner be held liable for any unauthorised actions through your Account due to unauthorised access including but not limited to hacking and security breaches. CredFlow reserves, at its sole discretion, to suspend an Account if it is of the opinion that the Account is being accessed by an unauthorised party or is being used for immoral/illegal purposes or is used for purposes which are opposed to public policy.
You will be part of all future communications done by the platform to its users and expressly agree to receive time to time communication through various means such as but not limited to email, whatsapp, IVR, call from agents etc.
You agree and understand that all of the content accessed by you on the Website is purely for informational purposes aimed to provide details and additional data about or in connection with the App/web app and the Services.
Although we may post information, material and content on the Platform based on reliable sources, we do not make any express or implied representation, warranty or condition as to the accuracy, validity, reliability or completeness of any such information. The features and services of the Platform are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, reliability of any information provided on or through the Platform.
By using or accessing the Platform, you represent and warrant that:
you are accessing the Platform on your own initiative and are responsible for compliance with all local laws/special laws and regulations applicable to you; you are solely responsible for the user content and all activities that occur on or through your Account; You agree not to undertake activities which include but are not limited to: infringing any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party; except as may be provided hereunder, copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works, renting, or licensing the Platform or any portion thereof; caching unauthorized hypertext links to the Website; uploading, posting, or transmitting any material that contains software viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; undertaking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; use of data mining, robots, spiders, scrapers, crawlers, avatars or similar data gathering and extraction tools; making any back-up or archival copies of the Website or any part thereof; bypassing any measures used by us to prevent or restrict access to the Platform; using the Platform for any commercial purpose; violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Website; deep-linking to any portion of the Platform (including, without limitation, the purchase path for any service) for any purpose without our express written permission; “framing”, “mirroring” or otherwise incorporating any part of the Website into any other website without our prior written authorization; use the Platform in (i) any unlawful manner, (ii) for fraudulent or malicious activities, or (iii) in any manner inconsistent with these Terms; or violate applicable laws in any manner.
All rights, title, and interest in and to the Platform, including all intellectual property rights arising out of the Platform, are owned by or otherwise licensed to CredFlow. Subject to your compliance with these Terms, CredFlow grants you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform in accordance with the Terms.
CredFlow may request you to submit suggestions and other feedback, including bug reports, relating to the Platform from time to time (“Feedback”). CredFlow may freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to CredFlow’s or any third party’s intellectual rights.
You agree that your use of the Platform is at your sole risk. You are solely responsible for the user content. CredFlow does not own, control, recommend or endorse any user content that is made available through the Platform and disclaims all liabilities or warranties arising out of or in connection with any user content.
To the extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis. CredFlow does not warrant that operation of
the Platform will be uninterrupted or error free or that the functions contained in the Platform will meet your requirements.
To the fullest extent permissible under applicable law, CredFlow expressly disclaims all warranties of any kind, express or implied, arising out of the Platform, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade. You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge that CredFlow shall have absolutely no liability with respect to the same with
respect to any alleged deficiency of service / unfair trade practice / damages, liquidated/unliquidated, niminal, special or remote.
The Company ensures the smooth and effective functioning of software till the existence of Company. Should the company gets acquired, merged or undergoes liquidation, the Company shall have no obligation to ensure the functioning of software and shall not be liable to provide services to the existing users (paid or unpaid) notwithstanding the remaining subscription period.
The Company may disclose user’s personal data if required to do so by law or in good faith or belief that such action is necessary to (i) comply with legal obligation or assist government enforcement agencies; (ii) protect and defend the rights or property of the Company or its users; (iii) act in urgent circumstances to protect the personal safety of users of the services or the public; (iv) protect against legal liability; (v) protect the security or integrity of the services.
To the fullest extent permissible by law, CredFlow, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to: your use of, inability to use, or availability or unavailability of the Platform, including any third party services made available through the Platform; the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Platform, communications failure, theft, destruction or unauthorised access to CredFlow’s records, programs,
services, server, or other infrastructure relating to the Platform; the Platform being infected with any malicious code or viruses; or the failure of the Platform to remain operational for any period of time.
The information transmitted through IVR or SMS or any other mode is encrypted from the company’s end and the Company shall have no responsibility or liability towards the contents of such information transmitted. The content contained in the said communication is explicitly agreed upon by the user and the company has no liability whatsoever against the same.
The Company transmits the reminders or information on behalf of user in the capacity of an independent contractor for its users and no criminal/civil liability shall be imposed upon for any unlawful act(s) or omission(s) of its users. The user shall be solely responsible or liable for such act(s) or omission(s) and the user undertakes to indemnify and hold harmless for any loss or liability arising out of any such act(s) or omission(s).
The Company merely provides payment reminder service to its users and under no circumstances the Company takes responsibility towards recovery of outstanding amount due from any third party to its users or vice versa. No recovery proceedings can be initiated against the Company qua any due arising out of any such transaction between user of company’s software and third parties.
The Company duly complies with the provisions of the Information Technology Act, 2000 and the Rules thereunder and also other laws pertaining to data privacy as amended from time to time and undertakes to abide by any other law or amendment which may come into force from time to time.
You agree to release, indemnify and hold us and our affiliates and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims arising out of your use of the Platform, a breach of any provision of these Terms by you or any person using your Account on the Platform.
In no event shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not we had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Platform. Notwithstanding anything to the contrary, the maximum aggregate liability of CredFlow and its affiliates for any claims under these Terms, shall not exceed INR 10,000/- (Rupees Ten Thousand Only). Company’s liability shall accrue only qua it’s paid customers and none other including the visitors and the visitor integrating their data with platform.
From time to time, the User may disclose Confidential Information to the Company. The Company will:
limit disclosure of any Confidential Information to its directors, officers, employees, agents, partners or representatives (collectively “Representatives”) who have a need to know such Confidential Information in connection with the current or contemplated business relationship between the parties to which the present Terms & Conditions relates, and only for that purpose;
advise its Representatives of the proprietary nature of the Confidential Information and of the obligations set forth in Terms & Conditions, require such Representatives to be bound by written confidentiality restrictions no less stringent than those contained herein,
keep all Confidential Information strictly confidential by using a reasonable degree of care.
Users’ financial data shall not be shared to any third party outside the scope covered above and in general in this agreement.
All possible data is stored in a manner which is not accessible to the human eye in encrypted format.
The Company agrees to use the Confidential Information solely in connection with the current or contemplated business relationship between the parties and not for any purpose other than as authorized by the Privacy
Policy and Terms & Conditions without the prior consent of the User or its Authorized Representative. No other right or license, whether expressed or implied, in the Confidential Information is granted to the Company hereunder. Title to the Confidential Information will remain solely in the User. All use of Confidential Information by the Company shall be for the benefit of the User and any modifications and improvements thereof by the Company shall be the sole property of the User.
These Terms shall remain in effect as long as you continue to access the Platform, avail its features, or maintain an Account on the Platform. Notwithstanding other legal remedies that may be available to it, CredFlow may at its sole discretion, limit your access or activity (either temporarily or indefinitely), or suspend or terminate your Account or refuse to provide you with access to the Platform and its features, without providing you with notice or cause, for any reason including but not limited to the occurrence of a
misconduct, fraud, misuse of the software or any acts in a manner inconsistent with any central/state/local laws, statutes or ordinances or violation or breach of any of your obligations, responsibilities, covenants,. Upon termination, your Account shall be de-activated, and you will no longer
have access to the Platform; these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry. The company shall not refund any amount pursuant to such termination.
CredFlow reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice or cause. You agree and acknowledge that CredFlow shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of the Platform.
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this
Clause, courts in Delhi only shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform.
Any and all communication relating to any dispute or grievance experienced by you may be communicated to the Company by contacting us at:
Name: [Grievance Officer: Yogesh Singh]
Address: D-9, Vyapar Marg, Block D, Sector-3, Noida, Uttar Pradesh 201301
CredFlow offers a 7-day trial period free of cost. Once bought there is no refund policy except in certain cases including product issues from CredFlow's end or ongoing marketing schemes time to time. The decision for refund shall be sole discretion of CredFlow.
All individuals and entities affiliated to CredFlow are intended third-party beneficiaries of these Terms.
CredFlow’s prior written consent. CredFlow may grant or withhold its consent in its sole discretion and subject to any conditions it deems appropriate. CredFlow may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Platform without any prior notice to you.