Terms & Conditions
USER AGREEMENT We are pleased to provide the nodefaulter website owned and operated by Indian MSME Helpline Private Limited in the domain www.nodefaulters.com ("website").
1. Introduction
You may use our services only if you click on the "AGREE" button when you create your account or subscribe the nodefaulters.com or file your disputes or when you otherwise access or use the website and/ or website Services, such action constitutes your confirmation & agreement with these T&C. If you are accessing & using the Website & Website Services, these terms are binding on you personally. If you are accessing & using the Site & Site Services in your capacity as the representative of a body corporate, society, you represent, warrant & confirm that you are dully authorized and have the authority to bind that body corporate, society etc. It is provided subject to the following terms and conditions: (Please read them carefully, as any use of the Site constitutes your agreement to all of them, including but not limited to our Privacy and Cookies Policy). The Terms and conditions herein are in compliance of and are governed by the provisions of Indian law, including but not limited to:
i) the Indian Contract Act, 1872,
ii) the Information Technology Act, 2000, and
iii) the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules").
You are entering into this contract with nodefaulters.com ("also referred to as "we" and "us")
This contract applies to members and visitors When you register and join nodefaulters.com or become a registered user, you become a member. If you have chosen not to register for our services, you may access certain features as a "Visitor".
2. Rights and Obligations -
2.1.Nodefaulters rights and obligations -
The nodefaulters Site Services together with any and all the content as available, created for, contained in and/or otherwise provided or made available as part of our Website & Website Services and/ (including but not limited to all versions, medium, forms and formats thereof, and all improvements, modifications, amendments, adaptations, new and/or derivative works created there from and thereto) is exclusive property of nodefaulters which is owned by Indian MSME Helpline Private Limited, or is authorized by nodefaulters from our relevant authorizers. All the aforesaid works are owned by nodefaulters and/or our authorizers (as the case may be) and are protected by intellectual property rights (including but not limited to copyright, trademark, patent, design, rights in computer software and databases) and/or any other intellectual property rights, proprietary rights, and equivalent or similar rights anywhere in the world.
For the purpose of these, "Content" means any and all information, data, text, software, computer programs (including source codes, object codes and HTML codes), music, sound, photographs, graphics, still pictures, trademarks, service marks, trade dress, get-up, marks, signs, logos, icons, button icons, clips, database, tables and data compilations, templates, forms, directories, links, video, audio-visual contents, moving pictures (whether animated or not), animations, graphical user interface, merchandise, business materials, advertisements, messages and/or any other materials (or any compilations or combinations of them) that may be developed for, or incorporated or contained in the nodefaulters website (and/or its licensors) or that may otherwise be created, published, displayed on or made available by nodefaulters to Users on or through the nodefaulters site or site service.
Subject to the provisions of these T&C, nodefaulters grants Users with a limited, non- exclusive and revocable license to access and use the nodefaulters site or site services only for the purpose of browsing the relevant services and for the dispute resolution with the relevant claimant or defaulter parties involved.
Save for such limited permissible use under license, you have no rights in or to the nodefaulter website or website services and/or the Content (or any part thereof), and you will not use the nodefaulter website or website services and/or the content (or any part thereof) in any way or manner for any other purposes. Nothing herein shall be construed or operate to grant any rights of ownership or other proprietary rights or interest in or to the nodefaulters site or site services or Content (or any part thereof) to any User
Nodefaulters or its affiliates may call the relevant claimant or respondent parties against whom the default has been/ will be reported and you hereby confirm that Nodefaulters or its affiliates may call on the Do Not Disturb (DND) number of the claimant or respondent.
For any materials or documents downloaded on or through the nodefaulters website or website services to you ("Downloaded Materials"), if any, you hereby consent and accept that you will only use those downloaded materials for the permitted licensed purposes mentioned herein, or otherwise for the purposes of facilitating your rights protection and/or enforcement in relation to your disputes with the relevant claimant or respondent parties involved in the Private Justice System.
Your mobile network operator may charge you the relevant local, international and/or data roaming fees, costs and charges (as applicable) for accessing and/or using the nodefaulters website or website services and these charges may vary accordingly. You are only responsible for making the arranging the relevant data plan for your device and for all of these data fees, costs and charges with your mobile network operator.
2.3.User rights and obligations
The charges for the subscription or any other Services shall be as stipulated by nodefaulters.com from time to time and I/we agree to pay the same. The charges for any Products and Services may be amended by nodefaulters.com from time to time subject to applicable laws.
I/We acknowledge and agree that the charges as specified above are the cost of a subscription or other Products and Services, as may be applicable and other charges including but not limited to payment gateway charges and taxes and other duties which shall be payable by me/us, as applicable and prescribed by nodefaulters.com relating to costs that nodefaulter.com may incur for the purposes of facilitating me/us in the payment mechanism and in getting my/our Report or other Products and Services will be mailed at my given email id.
I/We acknowledge and agree that the paid subscription purchased by me is valid for a specific duration and after the expiry of that duration, I will have to renew the subscription again if I wish to continue the benefits of the Paid Subscription. If I don't renew my Subscription, nodefaulters.com can change my subscription back to the Basic unpaid plan.
I/We understand that the payment gateway & net-banking channels may not belong to nodefaulters.com & agree to abide by the rules & regulations & terms prescribed by such third party in the process of facilitating my/our payment through the said payment gateway & net-banking channels.
I/We understand that unless complete and full payment along with submission of the required documents is made by me/us, nodefaulters.com shall not be obliged to process my complaint further.
I/We authorize nodefaulter.com to save my personal & professional info like Mobile No., Email Id etc. in their Database. Also, I/We authorize nodefaulters.com to use these details for Marketing and other Purposes.
2.3.General Rights and Limits
TERMINATION OF SUBSCRIPTION: I/We understand that nodefaulters.com reserve the right to set the time duration of subscription plans and can change time to time.
NON-REFUNDABLE SUBSCRIPTION FEES: I/We acknowledge and agree that Payment made by a me/us either for subscription or for any other services of nodefaulters.com through DD/Cheque/net banking/or payment gateway is non-refundable under any circumstances.
ADD BUSINESS WITH GSTN FETCHING: I/We acknowledge and agree that nodefaulters.com can fetch my/our company/firm/organization/proprietorship details as well as details of the other party against whom I am/ will be filing any default complaint as well as personal details available on GSTN portal through GSTN API of any other portal of third party for registering my/our company/firm/organization proprietorship on nodefaulters.com.
3. User Generated Contents
For the purpose of these user agreements, "User-Generated Contents" means any and all information, documents, data, files, messages, posts, texts, photographs, videos and/or any other works or materials (in any format, mode, media or medium) that Users may provide, make available, upload, transmit, send, post, publish, disseminate, submit to, or share with nodefaulters on or through the nodefaulters website or otherwise in relation to nodefaulters provision of the website Services.
We do not monitor, preview, edit, screen or vet any User-Generated Contents that may be submitted, provided, posted, published, disseminated, uploaded, shared, transmitted or otherwise sent by (or derogating it to) any Login Users to, on or through the nodefaulters website or website services. Users shall remain fully liable and responsible for their acts, omissions, conduct, interactions, activities, access and use of the nodefaulters site or site services, including but not limited to any and all of their Login User-Generated Contents and the reliability, lawfulness, integrity and/or quality of such contents, details of opposite party, any legal case details etc. We are not responsible for, and shall not empower, warrant or otherwise guarantee any information contained in any such User-Generated Contents and the precision, legality, integrity and the quality of any such User-Generated Contents.
Should any rights owners intend to file any complaints concerning any illegal, infringing or inappropriate User-Generated Contents displayed on the nodefaulters website or website services, please contact us by registered post and e-mail at [email protected]
We reserve the right to remove, without warning or prior notice, any User- Generated Contents from the nodefaulters website or website services in our sole and absolute discretion.
Under no circumstances will we be liable or responsible in any way whatsoever for any User-Generated Contents, including but not limited to any errors or omissions in any User-Generated Contents, or for any kind of loss, damage, cost or expense of any kind that might be suffered or incurred by any Login Users as a result of their communications with, reliance or use of any User-Generated Contents on, through or from the nodefaulters website or website services.
4. NODEFAULTERS "Dos and Don'ts"
4.1. Do's
You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, Indian Contract Act, MSMED Act and regulatory requirements;
Provide accurate information to us and keep it updated;
Provide the true and correct information about the default by the buyer/ opposite party;
Use the Services in a professional manner.
4.2 Don'ts
You agree that you will not:
Create a fake profile on nodefaulters.com, misrepresent your identity, impersonate anyone, create a user profile for anyone other than yourself (a real person), or use or attempt to use another's account;
Create and report the wrong default against any buyer/ opposite party/ third person with a malafide intention to tarnish their image
Provide any fabricate, false, incorrect, wrong information/ document while reporting the default against any buyer/ opposite party/ third person
directly or indirectly scrape the Services or otherwise copy profiles and other data from the Services;
Try to circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of nodefulter.com;
Breach your confidentiality obligations by disclosing information you do not have the consent to disclose;
Violate anyone's intellectual property rights;
Violate the intellectual property or other rights of nodefaulters.com;
Post anything that contains software viruses, worms, or any other harmful code
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service, where applicable.
Act as a consultant or middleman or in any similar capacity or charge any fee for providing recruitment or related services.
5. Relationship Between the user and Nodefaulter
The user at nodefaulters.com registering/reporting any default against the defaulter/ opposite party do hereby authorize Indian MSME Helpline Private limited, nodefaulters or its affiliates, officers, staff, advocates, recovery managers to follow up the defaulter/ opposite party for recovery of their delayed payment including but not limited to the following: -
5.1. Making call, sending messages, whatsapp, email or following in any other way digitally, electronically or by personal visit on behalf of the user demanding the payment of unpaid amount.
5.2. To file any document at nodefaulters.com and/ or to take any document from the opposite party.
5.3. To initiate Conciliation amongst the user and the opposite parties.
5.4. To initiate Arbitration amongst the user and the opposite parties.
5.5. To do all other acts and things as may be deemed necessary or required to be done in the course of recovery of the outstanding amount.
5.6.To appoint and instruct other advocates and authorize them to exercise the powers and authority hereby conferred whenever the Nodefaulter.com think fit to do so.
The actions of Indian MSME Helpline Private limited, nodefaulters or its affiliates, shall be deemed to be conducted in the matter as if conducted by the user to all the intent and purpose.
And the user do hereby agree not to hold the Indian MSME Helpline Private limited, nodefaulters or its affiliates responsible for the result of the case.
6.Complaints Regarding Content
We, at nodefaulters respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
7. How To Contact Us
We have authorized representatives who oversee all kinds of queries, issues and complaints. However, these queries, issues, and complaints will be meticulously examined and scrutinized before we revert. For general inquiries and legal notices - you may write us at these [email protected]
8. Damages and Remedies are Limited and Exclusive
No Incidental or Consequential Damages.-To the full extent allowed by the laws applicable, you agree that neither we nor any of our affiliates will be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits or lost opportunity), or any other indirect, special, or punitive damages whatsoever, that arise out of or are related to the website, or any use of it or information in it, even if we have been advised of the possibility of such damages. This exclusion of damages includes damages claimed in any cause of action, including but not limited to legal or equitable proceedings and claims relating to contract, tort products liability.
9. Copyright and Trademark Notices
All contents of this Site are: Copyright @ 2021-Indian MSME Helpline Private Limited. All rights not explicitly granted herein are reserved. Some product and company names mentioned herein may be the trademarks of their respective owners.