PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.retrafinance.com (the "Website"), Retra Ventures Private Limited, hereby referred to as Retra ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Retra reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Retra will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of all such changes or revisions. Retra advises you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Retra for any products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer: This Website offers for sale of certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation:Unless you notify our third-party call center reps or direct Retra sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Retra and its designated in house or third-party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of future solicitations. 1. You may use the opt out link found in an email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to firstname.lastname@example.org. 3. You may send a written ‘remove’ request to [Company Address].
Proprietary Rights: Retra has proprietary rights and trade secrets in the Products. You shall not copy, reproduce, resell or redistribute any Product offered and/or distributed by Retra. All trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and another information vest in Retra.
Goods and Services Tax: If you purchase any Products, you will be responsible for paying any applicable tax on sales including Goods and Service Tax, Sales Tax.
Content Intellectual Property Third Party Links. In addition to Products, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. Retra does not always create the information offered on this Website instead, the information is often gathered from other sources. To the extent that Retra does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for your personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Retra does not endorse the contents on any such third-party websites. Retra is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Retra is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not sell material or services on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Retra or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Retra a perpetual, worldwide, non-exclusive, royalty-free and assignable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Retra does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Retra is not liable for any damage or harm resulting from any posts by or interactions between users. Retra reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Retra deems objectionable, in Retra’s sole discretion.
3. YOUR REPRESENTATIONS, WARRANTIES AND ASSURANCES
You represent and warrant that:
YOU shall be deemed to have expressly agreed and consented that:
4. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. The website and products are offered on an "as is" and "as available" basis. Retra expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. ("products" include trial products.) Without limiting the generality of the foregoing, retra makes no warranty: That the information provided on this website is accurate, reliable, complete, or timely. That the links to third-party websites are to information that is accurate, reliable, complete, or timely. No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein. As to the results that may be obtained from the use of the products or that defects in products will be corrected. Regarding any products purchased or obtained through the website. The above exclusions may not apply to the extent not permitted under applicable laws.
5. LIMITATION OF LIABILITY
Retra's entire liability, and your exclusive remedy, in law, in equity, or othwerwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid to Retra for products purchased via the website.
Retra will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
The above exclusions may not apply to the extent not permitted under applicable laws
You release, indemnify, defend and hold harmless Retra, and its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Retra. Retra will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Retra’s choice at its expense. Retra will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Retra against any claim, but you must receive Retra’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
8. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. Retra will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to any reason beyond the reasonable control of Retra including earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Retra may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and offering the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Retra and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Retra to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties shall endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
Governing Law; This Website originates from Mumbai, Maharashtra in India. This Agreement will be governed by the laws of India as applicable in the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor Retra will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located at Mumbai in the State of Maharashtra, India. By using this Website or ordering Products, you consent to the exclusive jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim to arise under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that all your rights or claims arising out of or related to use of the Website or Products or this Agreement shall cease to exist and stand automatically terminated unless proper action to enforce such right or claim is filed within one (1) year after such claim or cause of action arose.
Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination. Retra reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Retra may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Retra reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Retra chooses, in its sole discretion and without notice to you, to terminate it.
Domestic Use. The Products are offered and available for you only in India. Retra makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Retra may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.
RETRA VENTURES PRIVATE LTD and / or its lending partner ECL Finance Ltd shall access your Credit Information as your authorized representative and RETRA VENTURES PRIVATE LTD shall use the Credit Information for limited End Use Purpose consisting of and in relation to the services proposed to be availed by you from ECL Finance Ltd. We shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or rent the Credit Information to any other person and the same cannot be copied or reproduced other than as agreed herein and in furtherance to CICRA. The Parties agree to protect and keep confidential the Credit Information both online and offline.
The Credit Information shared by you, or received on by us on your behalf shall be destroyed, purged, erased promptly within 1 (one) Business Day of upon the completion of the transaction/ End Use Purpose for which the Credit Information report was procured.
Governing Law and Jurisdiction:
The relationship between you and RETRA VENTURES PRIVATE LTD and / or its lending partner ECL Finance Ltd shall be governed by laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of Mumbai.
Capitalised terms used herein but not defined above shall have the following meanings:
“Business Day” means a day (other than a public holiday) on which banks are open for general business in Mumbai.
“Credit Information Report” “means the credit information / scores/ aggregates / variables / inferences or reports which shall be generated by Experian;
“Credit Score” means the score which shall be mentioned on the Credit Information Report which shall be computed by Experian.
“CICRA” shall mean the Credit Information Companies (Regulation) Act, 2005 read with the Credit Information Companies Rules, 2006 and the Credit Information
Companies Regulations, 2006, and shall include any other rules and regulations prescribed thereunder.
10. COLLECTION OF INFORMATION
While using our Platform, whether the app or the website, we will collect such information from you including but not limited to: