This website www.atradius.in (“Website”) is owned and operated by Atradius N.V. and its affiliated companies and subsidiaries (jointly and individually referred to as “Atradius” or “We” or “Our” or “Us”). Please read the following terms and conditions (collectively referred to as “Legal Notice”) carefully before accessing or using any service (“Services”) offered on or through the Website including any content and functionality offered.
This Legal Notice governs your access to and use of the Website and applies to such natural persons who are visitors on the Website and/or representatives or contact persons of (i) prospective customers through the use of the Website, (ii) any existing customers who have agreed to obtain the Services, (iii) parties that trade with Our customers, (iv) parties that do business with Us as business partner or supplier (hereinafter, referred to as “You” or “Your” or “Yourself” or “User”). Where specific Services are made available to You on or through the Website, additional terms may apply.
By accessing/using the Website and/or availing any Services on the Website, You are agreeing to be legally bound by this Legal Notice. If you do not agree to be bound by all this Legal Notice, You should not access or use the Website or any Services on the Website, in any way.
Place of Operations
Atradius controls and maintains this Website from the Netherlands and makes no representation that the information provided on or via this Website is appropriate or available for use in other locations. The Websites of Atradius that are targeted at specific jurisdictions comply with the requirements of those jurisdictions. No warranty is given in respect of use in other jurisdictions.
Atradius reserves the right to change or modify the terms and conditions of use contained in this Legal Notice, whole or in part, at its own discretion at any time, without notice to You. Your continued use of the Website after changes have been posted will constitute Your agreement to such changed/modified Legal Notice. You should periodically review the “Last updated” date at the top of this Legal Notice so that You can familiarise Yourself with any changes, as they are binding on You. In case You no longer wish to use the Website on such revised Legal Notice, You are entitled to terminate Your relationship with Atradius by ceasing to use this Website or any Services offered.
Services and Use of the Website
This Website provides You with access to information about the Services offered by Us. Any decisions to avail the Services will be based solely on Your own evaluation of the Services, and Your need for the same.
By making use of the Website, and furnishing Your personal / contact details, You hereby agree that You are interested in inquiring further, availing or purchasing the Service(s) that You have selected. You hereby agree that Atradius may contact You either electronically or over the phone, to understand Your interest in the selected Service(s) and to fulfil Your queries and requirements. You agree to receive general information, promotional materials and/or special offers from Us through email or SMS.
You are eligible for availing the Services of this Website only if You are legally permitted to enter into a valid agreement as per the provisions on the Indian Contracts Act 1872 and You accept this Legal Notice without modification whatsoever. If You are not eligible for availing the Services of this Website, You may not use the Services of this Website. Further, the Services of this Website are not available to You if You are suspended or removed from the system by Us for any reason.
Atradius will use reasonable efforts to provide accurate and up-to-date information on this Website. This Website makes no representations or warranties as to the fairness, completeness or accuracy of information. This information is for general guidance on matters of interest only. The application and impact of this information can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this Website. Atradius will attempt to update or correct any information that appears on the internet or on this Website when it becomes aware of the same, but does not guarantee the same or assume any liability for the same. All information on this Website is provided on a "as is" and “where-is” basis, without any warranty.
It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. All information contained on any page set up by an entity of Atradius is distributed with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on specific facts or matters and accordingly assume no liability whatsoever in connection with its use. You should consult your own advisors with respect to Your personal situation.
Unless the website or the information is used in conjunction with the Services offered by Atradius, any use of this Website or the information is at Your own risk and neither Atradius, nor its officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this Website or the information.
Whilst Atradius takes reasonable steps to ensure its Websites are accessible; We make no guarantee of availability will not be held liable for any losses due to their unavailability.
All rights (including copyrights, trademarks, design rights, database rights as well as any other intellectual property rights in all text, images, graphics, logos, sound, software and other materials) on this Website are owned by Atradius or are included with permission of the relevant owner, if permitted by applicable law.
You are permitted to access and use this Website for personal, non-commercial use only. You may not copy, download, (re)publish, distribute, modify, post, exploit, transmit or reproduce any of the information contained on this Website in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written consent of Atradius or the relevant owner. You agree that the material and content contained within or provided by Atradius on this Website may be printed out and/or downloaded for your own personal use only but may not be used for commercial purposes or distributed commercially.
Your account and Password Policy
Your use of certain portions of the Website requires login details, including a user ID and password. You agree to provide true, accurate, current and complete information about Yourself as prompted by the Website. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).
You are responsible for maintaining the confidentiality of Your login details and for keeping your device secure so as to prevent unauthorised access to Your account. In particular You must keep Your password confidential. You assume responsibility for all activities that occur using Your login credentials. You should immediately notify Atradius if You become aware of any loss or theft of Your password or its unauthorised use. Atradius reserves the right to delete or change a password at any time and for any reason.
Atradius takes reasonable steps to safeguard the security of any information you input or send to Atradius in connection with this Website by using secure services and encryption technology where Atradius deems appropriate, such as access to secure areas of the Website. However, you acknowledge that transmission of information via the internet (unless encrypted) is inherently insecure and Atradius makes no warranty that the Website is error, bug or virus free. You should take reasonable precautions, such as using up–to-date antivirus software to protect your device. Atradius accepts no responsibility for any damages that You may suffer as a result of damage to or the loss of confidentiality of Your information. Atradius excludes all liability for contamination or damage caused by virus or electronic transmission.
For the purpose of providing Service, Atradius India will be required to collect Your personal data/information. Our use, disclosure or transfer of personal data/information collected via this Website is governed by the Privacy Statement. By using the Website, You consent to the collection and use of personal data/information by Atradius India as outlined therein.
Atradius has the right, but not the obligation to monitor any transmission made through the respective web pages and/or forums or newsgroups.
Submitting information for publication
By submitting any material to Atradius for publication on the Website you do so in the knowledge that Atradius may copy, modify, distribute or create a derivative work from that content in any form. You warrant that the material is fit for publication and agree to indemnify Atradius if any third party takes action against Atradius in relation to the material that you submit. You warrant that You believe Atradius may publish the material you submit and/or make use of it or any concepts described in it in Atradius’ Services without liability and you agree not to take action against Atradius in relation to it. Atradius does not audit or verify the truth or accuracy of any such information. You agree that Atradius shall have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy.
Restricted Use/Anti-Hacking provision
You expressly agree not to:
Use or attempt to use any "deep-link", "scraper", "robot", "bot", "spider", "data-mining", "computer code", or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes, or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website or any other content without the prior express written consent of Atradius;
- Obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available, either by their public display on the Website or through their accessibility by a visible link;
- Violate the restrictions in any robot inclusion headers on this Website or in any way bypass or circumvent any other measure employed to limit or prevent access to the Website or its content;
- Violate the security of the Website or attempt to gain unauthorised access to the Website, data, materials, information, computer systems or networks connected to any Atradius server, through hacking, password mining or any other means;
- Interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public; Take or attempt any action that, in the sole discretion of Atradius, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or Atradius infrastructure;
- Use the Website for any unlawful, unauthorized, fraudulent, malicious purpose or purposes other than the business purposes for which it was intended to.
Disclaimer, no Warranties and exclusion of Liability
Atradius disclaims any representations or warranties of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose of (including but not limited to) any information contained on or provided via this Website and/or any Service described or promoted on this Website, including warranties with respect to infringement of any patent, copyright, or other rights of third parties.
Atradius shall not be liable for any injury, loss, damage or expense arising out of any access to, or use of, this Website or any website linked to or from, including, without limitation, any loss of profit, indirect, incidental or consequential loss. Atradius shall not be liable for persons, property damage or especially direct, indirect, incidental, consequential, immediate or subsequent (pecuniary) loss.
While Atradius has used reasonable efforts in maintaining a virus-free website, it declines any liability for persons, property damage or especially direct, indirect, incidental, consequential, immediate or subsequent (pecuniary) loss which may result from transmission or downloading of computer viruses. Atradius cannot be held liable for hardware damage, loss of data, alteration of data, or downtime.
Indemnity and injunction
You agree to indemnify and hold harmless Atradius, its licensors and suppliers, all of its affiliated companies and subsidiaries and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any third party claims, losses, damages, liabilities, charges, fines, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising from Your access to or use of the Website, violation of these terms and conditions of the Legal Notice, or any breach of any applicable law or rights of Atradius or any person or entity.
You agree that damages may not be an adequate remedy for the breach of these terms and conditions of the Legal Notice or the infringement of any of Our rights and accordingly agree that We are entitled to injunctions, specific performance, and/or orders to deliver up documents.
If any part of these terms and conditions of the Legal Notice is found to be unlawful, illegal, void, invalid or otherwise unenforceable, then the impact of such terms and conditions will be limited or eliminated from the Legal Notice to the minimum extent required and will be understood as such that its intended purpose is still fulfilled as far as possible. This will not affect the validity or enforceability of the remaining terms and conditions of the Legal Notice.
Third Party Websites
If permitted by applicable law, this Website may contain hypertext or other computer links to websites operated by persons other than Atradius (“Third Party Websites”). Such Third Party Websites are provided for Your reference and convenience only.
The responsibility for the operation and content of those Third Party Websites rests solely with the person controlling that website and shall be governed by separate terms and conditions of use. Atradius does not monitor and is not responsible for the content found on Third Party Websites that are so linked. Atradius shall have no liability to You or any other person or entity for the use of the Third Party Websites.
A hyperlink from this Website to another Third Party Website does not imply or mean that Atradius any association, sponsorship, endorsement, or affiliation by or with Atradius. You are solely responsible for determining the extent to which You may use any content at any other websites to which you link from this Website. You further acknowledge and agree that Atradius shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Websites.
Atradius assumes no responsibility for the use of any third party software on the Website and shall have no liability whatsoever to any person or entity for the security, accuracy or completeness of any outcome generated by such software.
Applicable Law and Place of Jurisdiction
By accessing this Website, You agree that the laws of India shall govern all matters arising from or relating to the use and contents of this Website or information provided to You via this Website.
You also agree to submit to the exclusive jurisdiction of the courts of Mumbai, India, in respect to any proceedings in connection with this Legal Notice or any Service provided on or through this Website.
All payment transactions happen using secure server software through third party payment gateways engaged by either Atradius directly or by other third parties. Atradius does not have end to end control over such transactions, which are handled exclusively by such third party payment gateways.
Atradius hereby disclaims all its liability and shall in no way be liable or responsible for any loss or damage caused to You on account of any actions, errors or omissions or any other misuse or mishandling in relation to any online payment transaction handled by third party payment gateways using the credit card/debit card/cash card/net-banking/mobile wallet/UPI, etc and/or the payment verification process.
You agree that We may, at Our sole discretion, suspend or terminate Your access to all or part of Our Website and Services, with or without notice and for any reason, including, without limitation, breach of this Legal Notice and You also agree that Atradius will not be liable to You or any third party for any such termination or interruption. Any activity in the nature described above under “Restricted Use/Anti-Hacking provision” may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Atradius may have under law or in equity. Upon suspension or termination, Your right to use the Services on this Website will immediately cease, and We reserve the right to remove or delete any information that You may have on file with Us, including any account or login information.
We shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond Our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, act of god, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non‐performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.