Effective as of June 18, 2022
Please carefully read and ensure that you understand these terms and conditions of use before using this site.
All use of ClearDu Fintech Private Limited. (“ClearDu”) web pages located within www.cleardu.com is subject to the terms & conditions set forth herein below ("Terms"). This Web Site, including all of its features and content (the "Web Site"), is a service made available trading as ClearDu ("Provider"), and all content, information, product, services, and software provided on and through this Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use"). These terms & conditions are a contract (“Agreement”) between you (“Licensee”, its “Partners”, “Associates”, “Agents”) and ClearDu (“Licensor”, “we”, “us”), applicable when you use the content, services, products accessible through a website and/or mobile applications (“ClearDu Services”).
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE SO IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
Please review our Privacy Policy, which also governs your visit to www.ClearDu.com, to understand our practices.
As a user of this WebSite, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use this Web Site and Content by these Terms of Use. Provider reserves the right, at its sole discretion, to change, modify, add, remove or terminate this license at any time for any reason. Your continued use of the Web Site following the posting of changes will mean that you accept and agree to the changes.
Limitations on Use The intellectual property rights in the Web Site and the materials are owned by ClearDu and/or its affiliates that you acknowledge such ownership. This Web Site is operated by ClearDu (referred to as “we,” “us,” or “our” herein). No material from ClearDu may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner, except that you may download one copy of the materials on any single computer for your personal use only, provided you keep intact all copyright and other proprietary notices. For these terms, the use of any such material on any other website or networked computer environment is prohibited. All trademarks and trade names are proprietary to ClearDu.
Reproduce, duplicate, copy or otherwise use or exploit the material for commercial purposes; Exhibit any material from the website in public; Sell, sub-license, redistribute or rent the materials on the website; Edit or otherwise modify material(s) on the website; Republish any material from this website including on another website. You acknowledge that contravention of the above prohibitions will be violating ClearDu’s copyright and other proprietary rights. You agree not to conduct data mining or other systematic or automated data collecting activities about this website. You must not use the website for purposes of distributing or otherwise dealing with any malicious computer software. You must not use the website which causes or may cause, in any manner, damage to the website or impairs the website’s availability or accessibility. You must not use the website in any way which is illegal, fraudulent, or harmful.
When you visit www.ClearDu.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures, and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Services of ClearDu shall only be used if you can form a binding contract with ClearDu in compliance with all applicable local and international laws. ClearDu services are not available to users who have been removed by ClearDu for any reason whatsoever.
I. Subscription a). After the payment of the requisite subscription fee(s) (“license fee”) in the amount(s) indicated on www.ClearDu.com (“website”), the user will be entitled to use ClearDu services, a non-exclusive, limited, non-transferable, worldwide license to access and use the ClearDu services.
b). Authorized users are permitted to use ClearDu services and the subscriber/customer shall not, and shall ensure that its personnel, do not share the passwords or access to use ClearDu services except to the extent expressly indicated and/or permitted by ClearDu.
c). ClearDu will provide its services commencing on the effective date of subscription services till the term of the Agreement.
d). ClearDu in its sole discretion may terminate the license in the event of a violation of all or any of these conditions, namely: (a) Licensee’s material breach of the Agreement, (b) Non-Payment of License Fee(s), and (c) Any of the breaches of the Access and Usage Restrictions of ClearDu.
e). ClearDu offers free Trial services to potential subscribers/customers. While on the trial period you are authorized to use one or more of ClearDu services for a limited period, determined from time to time by ClearDu. Trial periods are subject to the same terms and conditions as subscribers/customers.
f). In general, the license fee(s) paid for the period of the subscription that has already elapsed is non-refundable. For further information, please review our Refund/Cancellation policy, to understand our practices. The license fee(s) does not include any applicable taxes or duties that may be imposed and/or subsequently imposed by the taxing authority. These taxes/duties shall be borne exclusively by the Licensee.
II. Free Trial Service(s) Subject to the terms and conditions set forth herein, you will be entitled to use ClearDu services for a limited, non-exclusive, non-transferable, and worldwide license, and by using this Web Site, you signify your assent to these terms and conditions. If you do not agree to any of these terms and conditions, please do not use the Web Site. ClearDu has the right to terminate this license at any time for any reason whatsoever.
Content provided on the Web Site is not intended to and does not constitute legal advice and no solicitor-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy, or currency of the content is not warranted or guaranteed. Your use of information on this Web Site or materials linked from this Web Site is at your own risk.
You may also provide links to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the terms of use, the proprietary notice, or other notices on this Web Site, (b) you give ClearDu notice of such link by sending an e-mail to info@ClearDu.com and (c) you discontinue providing links to this Web Site if requested by ClearDu. If you wish to provide links to a section within this Web Site, you should forward your request to our team at info@ClearDu.com and you will be notified if permission is granted, and if so the terms and conditions of the permission.
By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) the Provider a perpetual, worldwide, royalty- free, irrevocable, non-exclusive right and license, with the right to sub-license, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
You shall not distribute on or through this Web Site any Content or material containing any advertising, solicitation for goods, services, or funds, or solicitation for others to become members of any enterprise or organization without the express written permission of ClearDu. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address, and e-mail address, your own website’s URL and b) may recommend third-party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. The provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
Quotes and Orders: The customer will issue to ClearDu, written purchase order or another form of written or electronic communication committing to a purchase of the services. Each such purchase order must include the customer’s name, address, contact information, the services purchased by, or licensed to, the customer thereunder, the commercial terms and specific usage rights concerning the services (if any), the term of the services, and such other terms as the parties may mutually agree. No purchase order is binding on ClearDu unless and until it is accepted by an authorized representative of ClearDu, (each such accepted purchase order, is an “order”). Except as expressly agreed to in writing by ClearDu’s authorized representative or otherwise provided herein, any terms or conditions in any purchase order or other communication from a customer that conflict, modify, or add to the terms and conditions hereof are hereby rejected and are null void, and of no legal effect, and any failure to object thereto is not an acceptance thereof, nor will it constitute a waiver of the terms and conditions hereof. Notwithstanding the foregoing, if a customer issues a purchase order based on a written quote from ClearDu, specifying pricing terms, a form of payment, the timing of payment, and/or quantity, configuration, or other description of the services (each a “Quote”), the customer will be deemed to have accepted such terms, including, without limitation, any such terms that conflict with, modify, or add to the terms of this Agreement, and this Agreement is explicitly made subject to such terms of such Quote.
Payment Terms: In consideration of the rights granted to the customer under this Agreement, the Customer will pay to ClearDu, as applicable, the fees outlined in each order by the terms of this Section. All fees and expenses are due and payable in Indian Rupees (INR); if payable to ClearDu, net thirty (30) days from the date of invoice, unless otherwise stated by ClearDu in writing. Any amounts not paid to ClearDu when due will accrue interest at the rate of two percent (2%) per month, or the maximum amount permissible as per law, if lower. If any payment is more than thirty (30) days past due, ClearDu may suspend the services (including access to the software) without incurring any liability to the customer. Despite any such suspension, the Customer acknowledges and agrees it will be required to pay all fees and expenses due and payable until this Agreement is terminated by the termination provisions set forth herein. If any payment is more than sixty (60) days past due, the customer is responsible for, and agrees to pay, ClearDu’s reasonable costs and expenses of collection, including, but not limited to, court and lawyers’/attorneys’ fees and expenses.
Unless otherwise agreed to in writing, all services will automatically be deemed accepted upon delivery. The customer shall have no right to return any services acquired.
Certain sections of this Web Site require you to register. If registration is requested, you agree to provide the Provider with accurate and complete registration information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password. It is your responsibility to inform the Provider
of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. The provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password, or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify ClearDu immediately by contacting support@ClearDu.com.
If you participate in interactive areas on this Web Site, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links, or other material ("Postings") which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law.
Postings to be in Your Name: Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
No Monitoring of Postings: ClearDu has no obligation nor does it intend to edit, monitor, or screen Postings and is not responsible for the content in such Postings or any content linked to such Postings. Notwithstanding the foregoing ClearDu reserves the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.
ClearDu does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, that defects will be corrected, or that it will always be accessible. ClearDu does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. ClearDu may make improvements and/or changes to its features, functionality, or Content at any time.
ClearDu service(s) may contain certain content, product, services, and links to other independent third-party websites, applications, or related tools (“Third-Party Materials”). ClearDu shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content contained in any third-party
content appearing on this Web Site. You understand that the information and opinions in the third- party content are neither endorsed by nor does it reflect the belief of ClearDu.
If you are an attorney/lawyer participating in any aspect of this Web Site, including but not limited to the message(s), chats, or e-mail forums, you acknowledge that the Bar Council Rules of Professional Conduct in India ("Rules") apply to all aspects of your participation and that you will abide by these Rules. These Rules include but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. ClearDu disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on this Web Site, including but not limited to the message(s), and chats, you will not offer legal advice, but will only provide general information.
We represent and warrant that we have the right and authority to make the services available under our agreement with you.
Subject to the aforementioned clause and the maximum extent permitted by law, the services are provided on an “as is”, “as available” basis and, unless expressly stated to the contrary in this agreement, we exclude all representations, warranties, or guarantees, whether express or implied, by statute, trade or otherwise, including without limitation that the services and materials are or will be complete or free from errors or that the information will continue to be available to us to enable us to keep the services and materials up-to-date.
Each third-party supplier of materials has the right to assert and enforce these provisions directly on its behalf as a third-party beneficiary. Except as otherwise provided herein, nothing in this agreement shall be deemed to create any right in any person or entity that is not a party to this agreement.
Subject to the aforementioned clause, it is not intended that any contract between us and the subscriber/customer for the supply of services should be enforceable by any third party.
Under no circumstances will ClearDu be responsible for any indirect, special, incidental, or consequential damages resulting from the access, use, or malfunction of ClearDu’s services, including but not limited to damage to property, loss of goodwill, computer failure, or malfunction, loss of profit, revenue, or for costs or expenses arising from such damage or loss.
This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to indemnify, defend and hold harmless ClearDu, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Web Site from and against all losses, expenses, damages, and costs, including reasonable lawyer fees, resulting from any violation of these Terms of Use by you.
The provisions of Limited Warranty, Limitation of Liability, and Indemnification are for the benefit of ClearDu and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its behalf.
Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
ClearDu reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access to the Web Site. The providernmay disclose any information we have about you (including your identity) if we determine that such disclosure is necessary for connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Provider's rights or property or the rights or property of visitors to or users of the Web Site. Provider reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process, or governmental request.
This Agreement shall be governed by and construed and enforced by Indian Law.
For any dispute with ClearDu, you agree to first contact us at info@ClearDu.com and attempt to resolve the dispute with us informally. In the unlikely event that ClearDu has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration. Any dispute arising out of or in connection with ClearDu, including any question regarding its existence, validity, or termination (each, a “Dispute”), shall be referred to the Delhi International Arbitration Centre and finally resolved by arbitration by the Delhi International Arbitration Centre (Arbitration Proceedings) Rules (the “DAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English. The seat of arbitration shall be New Delhi. The arbitral tribunal shall consist of a sole arbitrator appointed by the DAC Rules. The arbitrator so appointed: (i) shall be fluent in English; (ii) shall be a licensed and independent legal practitioner; and (iii) should, to the extent practicable, have experience in handling disputes relating to the online information industry. The Parties hereby record their understanding and intent that, in an arbitration conducted in terms of this Clause, the prevailing party should be entitled to recover from the other Party its reasonable lawyers' fees and other costs of arbitration, subject to the arbitral award. Where the arbitral award is for the payment of money, the sum for which the award is made shall include interest at the rate of two percent higher than the current rate of interest (as defined in the Arbitration and Conciliation Act, 1996, as amended) prevalent on the date of award, for the period from the date on which the cause of action arose and up to the date on which the award is made.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect. Failure by a party to insist upon performance by the other party of any of its obligations under this Agreement will not constitute a waiver of the right to enforce its rights concerning the same or any other provision. No waiver of any right or remedy concerning any occurrence or event shall be deemed a waiver of such right or remedy concerning such occurrence or event in the future.
As per the terms and conditions outlined in this Agreement, the subscriber/customer understands that all the information and data displayed on the Web Site are aggregated by ClearDu and its agents from multiple public sources. This aggregation of public data is conducted through proprietary techniques and/or technologies that ClearDu has developed primarily to conduct its business; and as such, ClearDu reserves all rights over this aggregated data and information.
The subscriber/customer understands that upon termination of the license as outlined in this Agreement, or on the expiry of the subscription term; whichever is earlier, the subscriber/customer
will not be able to receive any further information/updates or data or service through ClearDu, or its agents and/or authorized representatives. The subscriber/customer also hereby acknowledges and understands that by discontinuation of service(s) offered by ClearDu, the customer will not be able to utilize the service(s) offered by ClearDu.
ClearDu shall not be liable for failure to perform its/their obligations if the failures result from an act of God, an act of Government, other authorities or statutory undertakings, fire, explosion, accident, power failure, equipment or system(s) failure, industrial dispute or anything beyond the ClearDu’s control.
Neither party may assign or transfer this Agreement, by operation of law or otherwise, without the prior written consent of the other party. Any attempt by you to assign or transfer this Agreement, without such consent, will be null, void, and of no legal effect. Notwithstanding the foregoing, either party may assign this Agreement to an Affiliate or an entity acquiring all or substantially all of the assets or business of such party, upon notice to the other party. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns. The term “Affiliate” shall mean, as to a party hereto, any person or entity who directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with such party.
This Agreement represents the entire agreement between you and us concerning the subject matter described herein.
We may amend the Terms at any time by posting the amended terms on this Web Site. Updated versions of the Terms will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of this Site after any such changes constitutes your consent to such changes
We'd love to hear your questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know at support@ClearDu.com.
This Agreement was last modified on June 18 2022.
