This website (“Website”) is owned and operated by Baldor Technologies Private Limited (“Baldor”). This Terms of Service of this Website located at the URL www.checkwala.com (“Terms of Service”) is a legally binding document between Baldor and the users of the Website (“you”) and describes the terms on which Baldor offers access to the Website and the Services (defined below).
Baldor may modify the Terms of Service at any time at its sole discretion without any notification to you. It is your responsibility to review the Terms of Service from time to time. You will be deemed to have accepted the Terms of Service as amended, if you continue to access the Website after the modifications are posted on the Website. In addition to the Terms of Service, and other Website policies, Baldor may subject your use of the Website to additional terms of service which may be provided on the Website.
2.1. The Website is merely a tool to provide you with verification services, which include identity checks, court record checks, address checks and previous employer checks (“Services”). The scope of services for Baldor is limited to search for data available on governmental websites and other websites and review of the Content (defined in Clause 4.1 below) and information and documents provided by you and in case of an address check, by a visit to the address given.
2.2. Baldor may, at its discretion, itself provide the Services through its employees or may appoint third party service providers to assist Baldor in the provision of the Services.
2.3. If you place a request for verification services, Baldor will process the request subsequent to which you will receive a verification report (“Report”).
2.4. You agree that any use of the Website or the Services is at your own risk. Baldor shall not be responsible for the same.
3. Your Account
3.1. In order to use the Services, You will be required to register yourself and maintain an account with Baldor (“Account”) which will require you to furnish to Baldor certain information and details, including your name, a valid e-mail id, a valid mobile phone number, and any other information as may be deemed necessary by Baldor. (“Account Information”). You agree to inform Baldor of any change in your Account Information, immediately. You shall be allowed to maintain only a single Account with Baldor. You agree not to create multiple accounts under different names / identifies, on the Website.
3.2. You shall be responsible for maintaining the confidentiality of your Account and password and agree to be responsible for ensuring that your use of the Website and the Services is in compliance with all applicable local, state, national and foreign laws, treaties and regulations, including those related to the protection of intellectual property, data privacy, and transmission of personal data. You shall be responsible for all activities that occur under and through your Account. You agree to notify Baldor in case you suspect or know of any unauthorised use of your Account or password or any other breach of security
4.1. At the time of making the verification request, you will be required to upload to the Website material such as the name, email address, telephone number, date of birth, residential address, occupation, and verifying documents (Aadhar cards, PAN Cards and Voter ID) and other documents establishing proof of identity (collectively, “Content”) of the person you wish to verify (“Verifiee”).
4.2. Once the Content is uploaded for a verification request, and the payment is processed, you will receive a call from Baldor confirming the placing of the verification request. If you require any changes or clarifications to be made with respect to the uploaded Content, you may inform Baldor at this stage. After this stage, no corrections or clarifications will be entertained, and Baldor shall not be liable for the same.
4.3. Baldor shall take all measures to ensure quick delivery of the Report. However, Baldor shall not be liable to you or any third party in case of any delay in providing the Services.
4.4. In case of address checks, if the Verifiee lives in a remote area that is difficult to reach or if Baldor is unable to reach the Verifiee for any reason whatsoever, there may be some additional delay in verifying such Verifiee’s address.
5. Verifiee’s Consent
5.1. Should you wish to use the Services with respect to a Verifiee, you must necessarily obtain the consent of such Verifiee with respect to each verification request (identity check, court record check, address check and a previous employer check) at the time of making a verification request under the Services. At the time of uploading the Content, You will be required to represent and warrant that you have all necessary rights to upload the Verifiee’s information and that such Content / information shall not infringe any rights of privacy, proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
5.2. In addition to this, Baldor will make a confirmatory call to the Verifiee and confirm if their consent has been taken before proceeding with the provision of Services. If such consent has not been granted by the Verifiee for all or any of the verification requests, Baldor shall cease the provision of the Services with respect to all or any specific verification request and shall refund the payment made by you as further explained below.
6. Insufficiency of Data and Refunds
6.1. In case the Content provided by you is insufficient to complete a verification request or is inaccurate or incomplete, you will receive a call from Baldor for clarification. If you cannot provide the correct data or rectify the same, or choose to discontinue the verification request, Baldor shall cease the verification process for that verification request and shall refund the payment made with respect to that verification request.
6.2. Any verification request with respect to any specific verification Service will be discontinued by Baldor and the payment made will be refunded if:
(i) The Verifiee refuses to, or does not consent to the verification request;
(ii) Baldor is unable to contact the Verifiee to ascertain the Verifiee’s consent;
(iii) The Verifiee is outside the area of Baldor’s territorial scope of services;
(iv) A previous employer of the Verifiee refuses to aid Baldor in the verification process; or
(v) Baldor is unable to complete the Verification for any reason whatsoever.
7.2. All Fees shall be inclusive of the applicable taxes which shall be charged at the rates prevailing at the time of payment of the fees.
7.3. While availing any of the payment method/s offered by Baldor, Baldor is not responsible for, and takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you due to:
(i) lack of authorisation for any transaction/s;
(ii) exceeding the pre-set limit mutually agreed by you and between your bank/s;
(iii) any payment issues arising out of the transaction; and
(iv) decline of transaction for any other reason/s.
8. Ownership and User of Content
8.1. Subject to compliance with these Terms of Service and all other applicable terms and guidelines, Baldor grants you a non-exclusive, limited privilege to access and use this Website and the Services, to upload Content on the Website, for personal/non-commercial use only, in the manner permitted by these Terms of Service and other policies of Baldor, as amended from time to time.
8.2. By posting or uploading Content to the Website you agree that Baldor shall have the right to use the Content in the generation of the Reports and in the provision of Services as requested by you and to be used for providing similar services in the future.
8.3. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content on the Web Site. You agree that Baldor shall have no liability for, and you agree to defend, indemnify and hold Baldor harmless against any claims, losses or damages arising out of, or in connection with, your use of any Content.
8.4. Baldor acts as a platform for the Service. You acknowledge that Baldor operates only as an intermediary with respect to all Content. However, on receiving written notification of alleged infringement of third party intellectual property rights in any Content, breach of privacy or confidentiality, or Content posted without the appropriate consent of the Verifiee etc., Baldor may, at its discretion, remove any such Content from the Website, with or without prior notice to you.
9. Website Rules
9.1. In addition to the restrictions provided elsewhere in these Terms of Service, You agree not to upload any Content, (even if made in a joking, sarcastic or unintended manner), and commit any act in relation to the use of the Website or the Services, in a manner, which in any way:
a. involves creation of false identities, phishing or collection or transmission of financial information of users;
b. impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
c. is unlawful, misleading, malicious, or discriminatory;
d. infringes or violates any third party rights, including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
e. contains photographs, or images of another person without their express written consent and permission or those of any minor (regardless of whether you have consent from the minor or their legal guardian);
f. tries to gain unauthorised access or exceeds the scope of authorised access to the Website;
g. contains anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any to other nation;
h. intentionally or unintentionally interferes with, or violates, any applicable laws related to the access to, or use of, the Website, violates any requirements, procedures, policies or regulations of networks connected to the Website;
i. disrupts or interferes with the security of, or otherwise causes harm to, the Website, materials, systems resources, or gains unauthorised access to user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
j. circumvents the mechanisms or programs used by the Website to access, reproduce, store, etc., any Content, in an unauthorised manner and access or attempt to access Content by unauthorised means or use deep links, page scrape, or other automatic or manual devices or program, to increase traffic to the Website;
k. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices; interferes with another user's use and enjoyment of the Website or any other individual's use and enjoyment of similar services; or
l. refers to any website or provides a URL that, in the sole discretion of Baldor, contains material that is inappropriate for the Website, contains content that would be prohibited on the Website, or violates the letter or spirit of these Terms of Service;
Any violation by you of this provision may result in immediate suspension or termination of your Account without any refund of fees.
9.2. You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information of third parties without obtaining the prior written consent of such third party owners of the proprietary rights, through the Website.
9.3. Baldor specifically prohibits any other use of the Website, and you agree not to do any of the following:
(i) Post content on the Website that contains any hyperlinks, email addresses, HTML Tags, “hidden” keywords or any keywords that are irrelevant to the Service requests or are otherwise misleading;
(ii) Use the Services and the Website for any purpose other than those purposes set out in these Terms of Service;
(iii) Delete or revise any material posted by any other person or entity;
(iv) Take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
(v) Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from Baldor on such Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Firefox, Safari);
(vi) Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or
(vii) Copy any features, functions or graphics of the Website.
9.4. You agree to use the Website in a manner consistent with all applicable laws and regulations. Illegal and/or unauthorised uses of the Website, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of, or linking to, the Website, are not permitted.
9.5. You understand that Baldor may be required under the law to disclose any information (including the Content and the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorise us to) disclose any information about you to law enforcement or other government officials, as Baldor, in its sole discretion, may believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
9.6. You shall remain solely responsible for the content you upload on the website. You assume all risks associated with use of the Content uploaded by you, including any reliance on its accuracy, originality, completeness or usefulness.
9.7. On non-conformance by you of any of the aforesaid terms, Baldor may in its sole discretion, restrict or terminate your ability to access the Website and determine whether to take any other actions or whether to remove or request the removal of the Content relating to or provided by you.
10.1. Baldor reserves the right to refuse Services to anyone and/or to cancel an Account for any reason at any time. Baldor may refuse to provide you any current or future access and use of the Website, or any other Service.
10.2. Upon any breach by you of these Terms of Service, Baldor reserves the right, at its sole discretion, to pursue all of its legal remedies, in addition to deletion of the Content uploaded or posted by you on the Website and immediate termination of your Account and your registration with, or your ability to access, the Website and/or any other Services provided to you by Baldor.
10.3. You may terminate your Account with Baldor by deleting your Account in the manner provided on the Website.
10.4. Any termination of your Account by Baldor or you will immediately render your Account, and any Content and Reports therein, inaccessible. The Content or the Reports cannot be recovered from Baldor once your Account has been terminated.
10.5. Even after you are no longer a user of Baldor, the provisions which, by their very nature, survive termination shall be considered to be applicable at all times after termination.
11. Other Businesses and Links
11.1. Baldor may provide links to the sites of affiliated companies and certain other businesses. Baldor is not responsible for examining or evaluating the products and services offered by such sites. Baldor may also offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Baldor or by third parties.
11.2. Baldor does not warrant the offerings of any of these third party businesses or individuals or the content of their respective websites. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Website, including payment and delivery of related services, and any other terms, conditions, warranties or representations associated with such dealings, will be solely between you and such advertiser. Baldor shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the Website.
11.3. Baldor welcomes links to the Website. You may establish a hypertext link to this Website, provided that the link does not state or imply any sponsorship or endorsement of your site by Baldor. You must not frame or otherwise incorporate into another website or present in conjunction with or juxtaposed against such a website any of the Content or other materials on the Website without Baldor’s prior written consent.
You agree to defend, indemnify, and hold harmless Baldor, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from (i) any Content or other material you provide to this Website, including third party Content uploaded or provided to the Website by you without the consent of such third party, (ii) your use of any of the Content, or (iii) your breach of the terms of these Terms of Service. Baldor shall provide notice to you promptly of any such claim, suit, or proceeding. This indemnification obligation will survive the termination of your Account and your use of the Services.
13. Liability of Baldor
13.1. Baldor provides background verification checks to employers based on the Content and documents made available to Baldor during the course of such verification. As Baldor is not the source of the data gathered and as the findings are based on the Content made available to Baldor, any response from Baldor with respect to the Content only asserts the correctness or otherwise of the Content provided by you.
13.2. Despite our verification services, please note that there are risks involved, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false names. You assume all risks associated with dealing with the Verifiees who you have verified through Baldor.
13.3. The Website and Content may contain inaccuracies or typographical errors. Baldor makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Content. The use of the Website and Content is at your own risk.
13.4. Any response from Baldor with respect to the Content and the Report made based on a verification request does not mean a recommendation of the aptitude or correctness of the Verifiee’s eligibility for recruitment, or otherwise. Baldor shall not be responsible for any employment decisions, for whatever reason made by any entity posting jobs on the Website.
13.5. Baldor cannot guarantee and does not promise any specific results from use of Baldor. No advice or information, whether oral or written, obtained by you from Baldor or through or from Baldor shall create any warranty not expressly stated herein.
13.6. As we do not and cannot be involved in user-to-Verifiee dealings, in the event that you have a dispute with one or more Verifiees, you hereby agree to release Baldor (and its agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
14. Disclaimer of Warranties
14.1. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES AND ALL INFORMATION AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING IN THE COURSE OF DEALING OR USAGE OF TRADE. BALDOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOICE; THAT THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE AND THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE NOT TO HOLD BALDOR LIABLE FOR ANY LOSS SUFFERED BY YOU BASED ON YOUR RELIANCE ON OR USE OF THE WEBSITE, THE SERVICES, OR ANY CONTENT, INCLUDING ANY CONTENT, OR ANY LOSS THAT MAY ARISE DUE TO DELAYS OR INTERRUPTIONS IN THE DELIVERY OF CONTENT FOR ANY REASON.
14.2. Baldor provides no warranty on use of Content and shall not be liable for the same under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Baldor also disclaims all liability with respect to the misuse, loss, modification or unavailability of any third party Content. Baldor makes no warranties about the accuracy, reliability, completeness, or timeliness of any Content available on the Website or the Services.
15. Limitation of Liability
15.1. YOU ASSUME THE ENTIRE RISK OF USING THE SERVICES INCLUDING, CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BALDOR BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTENT, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS OF THE WEBSITE OR THE SERVICES OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORISED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE WEBSITE, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BALDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE SOFTWARE OR THE SERVICES. FURTHER, BALDOR SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OF THE SERVICES BY BALDOR, OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
15.2. Baldor’s maximum liability arising out of or in connection with this Website or your use of the Content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount paid by you (if any) for availing the services after registering with the Website.
16. Report Abuse and Take Down Procedure
16.1. You are requested to report abuse with respect to Content which contains third party information, including sensitive personal information without the consent of such third party, or Content which infringes the intellectual property rights of any third party.
16.2. If you believe that someone is violating any of the above criteria or any other policies of Baldor, notify Baldor by clicking the Contact Us page and filling in the details of the violative material. If You are the owner of copyright in any Content shared or uploaded on the Website without Your consent, or your information or data (including personal data) is made available on the Website without your consent, or you believe that any user of the Website is storing, hosting, uploading or transmitting data / content which contravenes any provision of any applicable law or this Terms of Service then, you are required to send a written notice to the Grievance Officer of Baldor along with details such as details of the user and the Verifiee concerned, and a description of the Content with adequate information to identify the Content.
16.3. On receiving such a request or complaint, the measures that Baldor may take include:
(i) Removing the material;
(ii) Restricting access to that content by limiting who can view the content, such as through a warning page prior to viewing the material;
(iii) Deleting the user’s Account; or
(iv) Reporting the violation to appropriate law enforcement authorities.
16.4. Baldor will terminate the Accounts of any Baldor account holders, and block access to Baldor of any Users who are repeat infringers of the privacy rights, intellectual property rights, or data privacy rights of others. Baldor reserves the right to take these actions at any time, in its sole discretion, with or without notice.
16.5. Note that it is not mandatory for Baldor to take down all such Content. If Baldor does not take down such Content, you agree that your only recourse will be to terminate your Account with Baldor. You hereby waive any legal or equitable rights or remedies you have or may have against Baldor with respect thereto.
17. International Users
17.1. The Website and the Services are controlled and operated by Baldor from its offices in India. You agree that: (i) the Services shall be deemed solely based in India; and (ii) the use of the Services do not give rise to personal jurisdiction over Baldor, either specific or general, in jurisdictions other than India. You agree that the laws of India, excluding India’s choice of law rules, will apply to this Terms of Service and all other policies and guidelines provided by Baldor and to the provision of Services by Baldor. Baldor makes no representation that the Website and the Services or any part thereof, are appropriate or available for use at other locations outside India, and access to the Website and the Services from jurisdictions where the same are illegal is prohibited. Baldor reserves the right to block access to the Services by certain international users. If you access the Services from a location outside India, you are responsible for compliance with all applicable local laws. You hereby consent to your Content being hosted in any foreign jurisdiction which may not have legislation which protects privacy.
18.1. If any provisions of these Terms of Service are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. These Terms of Service, along with the entire Website policies, as amended from time to time, shall constitute the entire agreement between you and Baldor with respect to the use of Website and the Services. No changes to these Terms of Service shall be made except by a revised posting on this page. You agree not to resell or assign your rights or obligations under these Terms of Service. You also agree not to make any unauthorised commercial use of the Website.
19. Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction for settlement of disputes shall be in Mumbai.
20. Contact Details
Please send any questions or comments regarding this Website to feedback[at]checkwala.com
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All Rights Reserved