Overview

This document was last updated on 12/06/2024

 

This Terms of Use should be read in conjunction to the Privacy Policy and Disclaimer of the Site. 

 

This document (“Terms of Use”) is published in compliance with the provisions of Information Technology Act, 2000 (as amended from time to time) and all other Applicable Laws, Guidelines, Rules & Regulations. 

 

In this policy,

  • "Affiliates" means, in relation to any person, any entity that directly or indirectly controls, is controlled by, or is under common control with, the person, where the term ‘control’ shall have the meaning assigned to it in the Companies Act, 2013, as amended from time to time; and

  • "Applicable Laws" includes any applicable constitution, statute, law, rule, regulation, ordinance, decree, order, judgement, authorization, or any directive, guideline, requirement or government restriction having the force of law, or any determination by, or interpretation of any of the foregoing by, any judicial authority, whether in effect as of the date of the Agreement or thereafter and each as amended from time to time within the jurisdiction of India.

  • “Bureau” shall mean credit information company which is authorized under Applicable Laws of India to provide comprehensive credit information by collecting, collating and issuing credit information, pertaining to both commercial and consumer borrowers, to a closed User group of members. In relation to provision of the Services mentioned herein; 

  • Partner means banks, nonbanking financial institutions, housing finance companies, insurance companies, fintech companies and such other financial institutions which are regulated by RBI, SEBI, IRDA either directly or indirectly etc. whereas BFDL has an arrangement with them for offering their products on the Site.  

  • “Site” means any web site, mobile site, or application, owned and operated by us ;

  • “Service” means using our products, software, services, as available on our Site and any products offered by our Partner’s on our Site;

  • “Service Provider” means any authorized Service Provider engaged by BFDL thereby enabling us to offer Services on Site.

  • “We,” “us,” and “our” means Bajaj Finserv Direct Limited (“BFDL”);

  • “You” and “your” “User” mean anyone who visits, accesses, or uses our Site or obtains Services from us through our Site.

 

The Services rendered by BFDL are exclusively intended for individuals who are citizens of India and residing in India. By accessing our Site and/or using the information provided on or via this Site, you agree to the following terms and conditions. If you do not agree with the terms and conditions stated hereunder, you shall not access, visit and/or use the Site and avail our Service.

User Declaration

By using this Site, you confirm that you are a resident of India and have attained the age of atleast 18 years, and you are legally entitled to enter into a binding contract and that you are not a person barred from receiving Services under the Applicable Laws of India and will only use the Site to make legitimate transactions for you or for another person for whom you are legally authorized to act (and will inform such other persons about the Terms of Use and Privacy Policy) that apply to the interactions you have made on their behalf (including all rules and restrictions applicable thereto). You also confirm that the statements, answers and/ or information given by you are true and complete in all respects and that you are authorized to avail the Services on behalf of other person(s).

 

You agree that if you undertake any financial transaction through the Site, BFDL will conduct due diligence and seek mandatory information required for KYC purpose; and as a User you hereby authorise BFDL to facilitate your transaction in accordance with the Applicable Laws in India.

 

While using the Site to communicate with BFDL, you shall communicate with your registered mobile/telephone number and/or e-mail address. Thereby, you agree to receive communication from BFDL on your registered mobile/telephone number and/or e-mail address.

 

Notwithstanding whether your telephone/mobile is registered with NCPR/NDNC maintained by TRAI, by  accessing this Site, you, by applying/enquiring/verifying any of the Services offered on the Site and or you making a request to call back, it is deemed that you have expressly authorized BFDL, Partners and Service Providers of BFDL to call back or send you text messages or messages through  chatbots for solicitation and procurement of Services. In case if you may not wish to receive any calls/messages, you are obliged to proactively inform BFDL about the same.

 

While using this Site, you agree NOT to, by any means indulge in illegal or unauthorized activities including but not limited to (i) use the Site for unlawful purposes; (ii) collect information about the Users without their express consent; (iii) engage in spamming or flooding; (iv) transmit any software or other materials that contain any virus or other harmful or disruptive component; (v) remove any copyright, trademark or other proprietary rights contained in the Site; (vi) copy, mirror any part of the Site without our prior permission; (vii) permit or help anyone without access to use the Site through your Username and password or otherwise; and (viii) posting any defamatory messages to either in print/electronic/social media; (ix) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge/fabricate another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Site, perform any other similar fraudulent activity or otherwise send or receive what BFDL reasonably believes to be potentially fraudulent funds; (x) infringe BFDL, its Partner’s or Service Provider or any third party’s intellectual property rights, rights of publicity or rights of privacy; (xi) use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission; (xii) use any device, software or routine to bypass Site exclusion headers, or interfere or attempt to interfere, with the Site; (xiii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or features that enforce limitations on the use of the Site; (xiv) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof; (xv) use the Site in any manner that could damage, disable, overburden, or impair it, including but not limited to using Site in an automated manner; (xvi) intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means, including but not limited to uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code. (xvii) You agree and authorize BFDL to share your information, with its group companies, Partners, Service Providers and other third parties, in so far as required for marketing purposes/offering/cross-selling various products and Services and/or to provide you with various value-added services, in association with the Services selected by you or generally otherwise. (xviii) If you request not to receive such communication/marketing material any further from us, it shall be applicable prospectively only and shall not apply in respect to your data already shared by us with its Partners, Service Providers and third parties. In case you do not wish to receive any such communication/marketing materials from our Partner, you agree to get in touch with them independently, without involving us. (xix) you voluntarily consent to register as a member of BFDL community to get personalized and exclusive products, offers and services from BFDL in tie up with its business Partners for meeting your financial needs while you access any Products or Services on Site.

 

By accessing the Site, (i) you acknowledge that BFDL vide its Site operates as a digital platform, offering financial products through its Partners. (ii) you understand that you would be required to share and submit personal identifiable information and sensitive personal information [collectively referred as “Personal information”] on the Site, basis the financial product selected by you and such Personal Information shall be governed by the Privacy Policy as updated on the Site. (iii) you affirm that all information provided by you are correct, complete, and up-to-date and no information has been withheld by you and you shall keep BFDL and Partners, informed of any change in the information provided by you. (iv) you authorize BFDL to share your information with its respective Partners and Service Providers, in connection with the financial product chosen by you. (v) you agree that you shall be contacted by BFDL, its Partners, Service Providers, vide email, SMS, phone call, WhatsApp or any other mode of communication as provided/available in relation with my loan/credit card application and other value-added services whereas by proceeding to accept the terms of use, such consent by you, irrespective of any registration by you with “National Do Not Call Registry” (NDNC) or “National Consumer Preference Registry” (NCPR) under TRAI. (vi) you authorize BFDL and its Partners to share all information provided by you or obtained as a result of your application for such financial product selected by you with other third parties, including but not limited to, Service Providers, Bureaus, statutory bodies, or any other party as they deem necessary and therefore, you shall not hold BFDL, its affiliates, group companies or its Partners liable, for use/sharing of the information as mentioned above. (vii) you confirm that you have read the terms and conditions, on all financial products which you wish to avail, including, applicable fees and changes, if any and as available on this Site or as disclosed by the Partner.

(viii) you acknowledge that you shall be required to accept the terms of loan/credit card/insurance/financial products, vide a legally binding agreement between you and the Partner however, while you may be filling up the application for such loan/credit card/insurance/financial products on the Site, you understand and accept that the loan/credit card/insurance/financial products application is subject to approval from the Partner directly and the Partner has the sole discretion to accept/reject the application and assign credit limit etc. and BFDL holds no warranty and does not make any representation or commitment of approval/rejection of my loan/credit card application/insurance/financial products in any manner whatsoever. (ix) you agree that all interest rates, prices etc. shown on the Site may vary and interest rates, charges, fees, prices and all such terms and conditions shall be determined by the Partner whereas, EMI calculators are provided on the Site are only as self-help planning tools and the same may be subject to errors, omissions and therefore you may verify the results at your end before concluding and therefore, BFDL does not guarantee its accuracy or applicability. (x) you acknowledge that based on your previous relationship with BFDL or its Partners, you may be shown pre-qualified/pre-approved offer from time to time, however no pre-qualified/pre-approved offer shall constitute any commitment/guarantee of any financial product being offered to you. (xi) you agree that any decision to apply for any financial product is solely at your own risk and you will hold BFDL harmless for any loss or damage that you may suffer, whether directly or indirectly. (xii)you hereby consent and authorize BFDL, to send communications in relation to customized recommendations, promotional offers, information on various other products and Services available on this Site by BFDL via email, SMS, WhatsApp, phone call, App notifications or any other means of communication even if you have registered under NCPR/NDNC or any other registry prescribed by Telecom Regulatory Authority of India (TRAI) from time to time. (xiii) You agree that display of financial products, offered by Partners on the Site, does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of BFDL in favour/against any Partner or their products. You agree that BFDL is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from such Partners.(xiv) Your interaction with any Partner accessed through the Site is at your own risk, and BFDL will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Partner or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with such Partners and Service Providers.

(xv) you further provide your express consent to authorise us to collect, receive, access and obtain copies of your credit information report/credit score and such other information about you from credit information companies (“CIC”) registered under The Credit Information Companies (Regulation) Act, 2005. You hereby authorise us and our Service Providers to do all acts on your behalf as may be necessary including to execute/ sign application(s), make payment of applicable fees and generally do all other acts as may be necessary to receive, on your behalf and at your request, the credit information report from CICs. You agree to execute such authorization/ consent in such format as annexed under Annexure A to the Terms as may be requested by the Site from time to time (For more details see “ Annexure A” namely Financial Health Credit Report – Terms of Use). you agree that BFDL has no control over the content or accuracy of information provided in your credit information by CICs. BFDL gets this information from CICs for and on your behalf only when you agree to appoint BFDL as your lawfully appointed authorized agent/ representative for collecting your credit information from CICs. (xvi) you authorize BFDL to obtain your information from financial information providers via account aggregator platform for providing Services to you on Site. This consent by you shall be valid upto a period of 24 months, unless otherwise revoked by you. 

Indemnity

The User agrees to indemnify, defend and hold harmless BFDL, its Group Companies and their directors, officers, employees, agents, Partners, Service Providers, and any other third party providing any Service to BFDL in relation to the Services and for indulging in any prohibited conduct as mentioned above whether directly or indirectly, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by BFDL that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any terms of this Terms of the Use, including any representation, warranty, covenant or agreement made or obligation to be performed by the User, pursuant to these Terms of Use.

Use of Material and Information

The content ( not limited to material, information, details, features, updates, data, news, queries, response to such queries etc.) contained on this Site is provided for general information only and should not be used as a basis for making business/commercial decisions. BFDL does not provide any advisory services. You are requested to exercise caution and/or seek independent professional advice before entering any investment or financial obligation based on the content contained on this Site.

 

Images used on this Site and the models photographed in them are for representative purposes only and are not indicative of anyone's personal thoughts or ideas.

 

The content on this Site should NOT be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell investments, securities or any other instrument or financial products / schemes of BFDL, its group companies, Partners, Service Providers, subsidiaries or any of its affiliates. Services are available only at the discretion of BFDL, subject to the individual contractual terms and conditions of the respective Partner’s  products and services basis which such products & services are offered and such products and services may be withdrawn or amended at any time without notice. In the event of any conflict between the terms and conditions of specific products and services displayed on the Site of the Partner vis-à-vis the terms and conditions laid down by the respective Partner, the terms and conditions laid down by the Partner shall prevail as regards such products and services are concerned.

No Representation or Warranty

No information sent to any User through this Site or available on this Site shall constitute any representation or warranty by BFDL, or its Group Companies, subsidiaries or affiliates regarding the credit-worthiness, financial performance or prospects, solvency, or viability of any company or other legal entity or the business carried on by such entity.

 

This Site may contain statements of various professionals/ experts/ analysts, etc. whereas, BFDL does not represent/ endorse the accuracy, reliability of any of statements/ information by any such person. It is the responsibility of the User of this Site to independently verify and evaluate the accuracy, completeness, reliability and usefulness of any statements, services or other information provided on this Site. All information in this Site is being provided under the condition and understanding that the same is not being interpreted or relied on as legal, accounting, tax, financial, investment or other professional advice, or as advice on specific facts or matters. BFDL may at any time (without being obliged to do so) update, edit, alter and or remove any information in whole or in part that may be available on this Site and shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability. Nothing contained herein is to be construed as any advice or recommendation to use any product or process. Though BFDL will endeavour that information contained on this Site is obtained from sources which are reliable, however, BFDL does not warrant such information’s completeness or accuracy

 

Internet transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. BFDL is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions the User may initiate.

 

BFDL does not represent or warrant that the Site will be uninterruptedly available. Please note that the Site may not meet the User’s requirements, that access may be interrupted, that there may be delays, failures, errors or omissions or loss of transmitted information, that viruses or other contaminating or destructive properties may be transmitted or that damage may occur to your computer system. You have sole responsibility for ensuring adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. BFDL makes no representations or warranties regarding the accuracy, functionality or performance of any third-party software that may be used relating to the Site.

Limitation of Liability

BFDL, its group companies, Partners, Service Providers, Affiliates, and its directors and employees accept no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive, or exemplary loss, dam age or expenses) from your use of this Site or any linked site howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with this Site, its contents or associated services, or due to any unavailability of the Site or any part thereof or any contents or associated services.

 

BFDL reserves the right to change the information provided on or via this Site, including the terms of this disclaimer, at any time and without notice. However, BFDL shall not undertake to update the content contained on this Site from time to time. You are obliged to exercise your independent diligence on the information provided on or via this Site before arriving at any decision and you will be solely responsible for your actions. BFDL shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information on this Site.

Intellectual Property Rights

Nothing contained in our Site should be construed as granting any license or right to use any copyrightable objects, trademarks, patents, displayed on our Site. BFDL, retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this Site (including all texts, graphics and logos) except which are owned by the Partner. Users are prohibited from using, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for any purpose without written permission of BFDL of such or such other parties. The materials on this Site are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the prior written consent of BFDL.

Rewards

User may be eligible for reward in the form of Bajaj Coins subject to fulfilment of the terms and conditions of the offers displayed at the Site. Bajaj Coins are issued by Bajaj Finance Limited (“BFL”) and the redemption of such Bajaj Coins shall be governed by the BFL’s Reward terms and conditions located at URL https://www.bajajfinserv.in/terms-of-use. By clicking the URL, you shall be redirected to BFL’s webpage. Any queries as regards to Bajaj Coins should be directly addressed to BFL. For the purpose of this clause, Bajaj Coins shall be defined as the reward provided by BFL which could be redeemed only on Bajaj Finserv App, Bajaj Pay Wallet or any other BFL authorized channel including BFDL Site.  One Bajaj Coin carries an equivalent value of twenty paise, which is not convertible or withdrawable as cash whereas such value may be subject to change from time to time.  Bajaj Coins is/are not to be construed as any legal tender/currency (digital/physical) under Indian Law.

Linked Sites

This Site may contain links to other Sites of group companies, Partners, subsidiary companies and Affiliates of BFDL. This Site may also contain links to external Sites, having further linked Sites, controlled or offered by third parties, to help you find relevant sites, services and/or products which may be of interest to you, quickly and easily. The contents displayed or products / services offered on such linked sites or any quality of the products/ services are not endorsed, verified or monitored by BFDL. BFDL is also not responsible for the owners or operators of such external sites or for any products or services they supply or for the contents of their sites and do not give or enter into any conditions, warranties, express or implied; or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external site to which this site includes a link infringes the intellectual property rights of any third party).

Force Majeure

Under no circumstances shall BFDL be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

General Provisions

  1. The Terms of Use read with the Privacy Policy shall constitute the entire agreement between User and BFDL with respect to and govern User’s Terms of Use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein. 

  2. We aim to provide uninterrupted access to this Site, but we give no warranty as to the uninterrupted availability of this Site. We reserve the right to suspend, restrict or terminate your access to this Site at any time.

  3. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Site and without notice from time to time. It is recommended that you review the information provided on or via the Site, including these terms and conditions, periodically for changes. BFDL or any of its subsidiaries/ affiliates shall not be held responsible for all or any actions that may subsequently result in any loss, damage and or liability on account of such change in the information on this Site.

  4. BFDL and User are independent parties and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms of Use.

  5. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

  6. BFDL’s failure to enforce any right or failure to act with respect to any breach by User under the Terms of Use will not constitute a waiver of that right nor a waiver of BFDL’s right to act with respect to subsequent or similar breaches.

  7. BFDL shall have the right to assign the Terms of Use (including all of our rights, titles, benefits, interests, and obligations and duties in the terms to any person or entity (including any affiliates of BFDL). User may not assign, in whole or part, the terms to any person or entity.

Governing Law

This Site and disclaimer shall be governed by and construed in accordance with all Applicable Laws of India. All disputes arising out of or relating to this disclaimer or use of this Site shall be submitted to the exclusive jurisdiction of the courts of Pune. 

Annexure A

Financial Health Check Report – Terms of Use

You agree that you have appointed BFDL as your lawful agent for the purposes including but not limiting to receive your credit information from Bureau and to keep record of day-to-day changes in your credit information for the purpose of getting alerts on your behalf at intervals in order to deliver your Financial Health Check Report (FHCR) to you. The format of such consent from Bureau is covered in the following paragraphs.

  

You are aware that BFDL will get these updates from Bureau(s) and may notify you at intervals. You realise that it is important to stay aware of changes to your credit actions and transactions that may impact your credit score and access to various credit products. You explicitly authorise BFDL as an appointed agent to monitor all changes in your credit information and consequently, notify you of such changes and send offers related to credit products and recommendations to you, to take necessary actions and reduce the possibility of exposing you and to prevent you from adverse impact on your credit score. You understand that FHCR is based on changes in your credit score, and you may receive incorrect FHCR, hence, BFDL shall not be responsible in any manner for the same. In view of the above terms, you provide your explicit consent on the following:

  1. That you may receive communication on FHCR from BFDL or through its authorized Service Providers, via pop-up notifications, SMS, WhatsApp, email, on the BFDL digital platform.

  2. That in the event of any update on or change in my credit information and/or credit score, BFDL may send communication/update on my registered Mobile Number/Email.

 

By accepting these terms and conditions; I am providing “written instruction” to BFDL to obtain my credit information from Bureau(s). I further authorize BFDL to share my personal identifiable information with the Bureau(s), to confirm my identity and to obtain the credit information on my behalf.

 

I undertake that the information provided by me is true and accurate and shall match with the details provided by me to the banks and other credit institutions with whom I have relationship. I understand that I shall have access to the FHCR upon login using my registered User ID on BFDL’s Site. I also understand that I may have to further authenticate myself as per the Bureau authentication process. I understand that BFDL shall have all the rights to reject my request form due to any reason and shall not be required to specify such reasons of rejection. I understand that due to incomplete or incorrect information provided my me; I may receive incorrect FHCR; BFDL shall not be responsible in any manner for the same.

 

I understand that BFDL obtains the information from Bureau and is reported to me on “as is” basis and shall not be required to verify the correctness of information received. Therefore I shall not hold BFDL accountable for the accuracy, completeness or fitness for a particular purpose, or non-infringement of any and all such information as provided in the report to me. The analysis or recommendation provided as part of the Services is based on certain assumptions applied by BFDL on the information obtained from me or the data it already has.

 

I realize the information contained in the FHCR is for illustrative and information purposes only and does not constitute as professional advice or solicitation and BFDL thereby holds no liability. I understand that BFDL may enrich the information in the FHCR based on my past credit information held with BFDL to make more personalized recommendations to me. The report may contain certain proprietary information of BFDL and is meant only for use for the receiver of the report and I undertake not to circulate the report to any other person/entity. I shall not hold BFDL liable or responsible whether financial or otherwise, for the losses or damages caused directly or indirectly, for any action taken by me placing reliance on this report. I shall have sole responsibility of my actions and decisions. I acknowledge that BFDL shall have no liability or require to indemnify me for loses, claims, expenses, damage incurred by me for any incorrect report provided due to any technical error, incorrect information provided by me or otherwise. 

 

Offers and Recommendations

 

Payment Terms 

 

I agree to pay the charges for the subscription for availing the FHCR, as stipulated by BFDL from time to time, as applicable. I understand that there may be additional charges for use of payment gateway or bank charges which may be applicable for payment of charges of subscription. BFDL shall not be liable to refund in case of any cancellation, rejection or no credit information report being generated based on the information provided by me. The charges shall be inclusive of all taxes, fee including payment gateway charges if any.

 

I undertake that the payment instrument used by me belongs to me or I am fully authorized to make use of such instruments to make payments. I understand the payment gateways services for such payment may not belong to BFDL and may be provided by third-parties. I shall not hold BFDL responsible for the error and BFDL shall not be obligated to indemnify me for any loss, damage, claim suffered by me due to use of such payment instruments and/or payment gateways.

 

Other terms and conditions 

  1. I agree that the terms and conditions may be amended from time to time without any notice; which changes shall be available on the Site. I understand that BFDL may at its sole discretion may amend, discontinue the FHCR subscription services in part or whole as it deems fit at any time without a requirement of prior notice or consent.

  2. I understand that BFDL reserves all the rights to suspend, terminate, my account at its sole discretion at any time for any reason but not limiting to breach of the terms of use by me, of if the information provided by me is incorrect, obtained or is intended to be used for fraudulent purposes.

  3. Any disputes relating to the credit information can be raised with respective Bureau on their website and BFDL has no role to play in terms of rectifying the errors, omissions etc.

  4. I understand that BFDL is only acting as a facilitator for providing a platform for me to access my credit health in the form of FHCR and BFDL does not warrant that the functions contained in on the Site will be uninterrupted or error free, free of viruses or other harmful components, but shall take commercially reasonable efforts to correct the delays in operation of the Site.

TRANSUNIONCIBIL TERMS AND CONDITIONS

 

To,

TransUnion CIBIL Limited

[Formerly known as Credit Information Bureau (India) Limited]

19th Floor, One IndiaBulls Tower-2A-2B, 

841 Senapati Bapat Marg,

Lower Parel,

Mumbai – 400 013

 

Sub:   Grant of Consent

 

Dear Sirs,

In connection with submission of the application for my credit information offered by CIBIL (“Consumer Credit Information”) through Bajaj Finserv Direct Limited (referred to as the “Company”) and delivery of the Consumer Credit Information to the Company, I hereby acknowledge and agree to the following:

  1. The Company is my lawfully appointed agent and it has agreed to be my agent for the purposes, including, without limitation, to receive the Consumer Credit Information from TUCL on my behalf and use it in the manner consistent with the Agreement entered into between the Company and TUCL, and the Company has granted its consent for being appointed for the aforesaid purpose.

  2. I grant my unconditional consent to the Company to receive the Consumer Credit Information and Credit Products from TUCL on my behalf and the Company has granted its consent for being appointed for the aforesaid purpose. I hereby represent and acknowledge that the Terms of Understanding in relation to the use of the Consumer Credit Information and Credit Products has been agreed between me and the Company.

  3. I hereby expressly grant unconditional consent to, and direct, TUCL to deliver and / or transfer my Consumer Credit Information to the Company on my behalf.

  4. I agree that my consent shall be stored by the Company on a permanent basis and shall be verifiable from time to time. I understand that the Company cannot access the Consumer Credit Information for more than 6 months on a single Consumer Consent and the same shall be required to be refreshed every six (6) months. Company can store the Consumer Credit Information only for (i) a limited time period of six months or (ii) till such time the credit information is required to be retained to satisfy the purpose for which it was provided or (iii) until I withdraw my consent to store such Consumer Credit Information, whichever is earlier and thereafter, the stored Consumer Credit Information shall be deleted, purged, expunged by the Company.

  5. I shall not hold TUCL  responsible or liable for any loss, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (a) delivery of my Consumer Credit Information  to the Company ; (b) any use, modification or disclosure by the Company  of the contents, in whole or in part, of my Consumer Credit Information  , whether authorized or not; (c) any breach of confidentiality or privacy in relation to delivery of my Consumer Credit Information  to the Company ; (d) for any use made by the Company which is contrary to the Agreement entered into between the Company and TUCL.

  6. I acknowledge and accept that: (a) TUCL has not made any promises or representations to me in order to induce me to provide my Consumer Credit Information   or seek any consent or authorization in this regard; and (b) the implementation of the Agreement between TUCL and the Company is solely the responsibility of the Company.

  7. I agree that I may be required to record my consent / provide instructions electronically and in all such cases I understand that by clicking on the "I Accept" button below, I am providing "written instructions" to Company authorizing Company to obtain my Consumer Credit Information from my personal credit profile from TransUnion CIBIL LIMITED, [formerly known as Credit Information Bureau (India) Limited]]. I further authorize Company to obtain such information solely to confirm my identity and display my Consumer Credit Information to me.  Further in all such cases “By checking this box and clicking on the ‘Authorize button, I agree to the terms and conditions, acknowledge receipt of TUCL privacy policy and agree to its terms, and confirm my authorization for Company to obtain my Consumer Credit Information.

  8. I understand that in order to deliver the product to me, I hereby authorize Company, to obtain my Consumer Credit Information from TUCL.

  9. By submitting this registration form, I understand that I am providing express written instructions for Company to request and receive information about me from third parties, including but not limited to a copy of my consumer credit report and score from consumer reporting agencies, at any time for so long as I have an active Company account. I further authorize Company to retain a copy of my information for use in accordance with Company Terms of Use and Privacy Policy.

  10. I UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS AND TUCL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  11. I shall not sue or otherwise make or present any demand or claim, and I irrevocably, unconditionally and entirely release, waive and forever discharge TUCL , its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (hereinafter “Releasee”), from any and all manner of liabilities, claims, demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which I ever had, now have, or in the future may have against the Releasee with respect to the submission of my Consumer Credit Information   and / or my decision to provide TUCL L with the authority to deliver my Consumer Credit Information  to the Company. I agree to defend, indemnify, and hold harmless the Releasee from and against any and all Losses resulting from claims made against TUCL L by third parties arising from and in connection with this letter.

  12. I agree that the terms of this confirmation letter shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts located in Mumbai in regard to any dispute arising hereof. TUCL is entitled to assign its rights hereunder to any third person without taking my prior written consent. 

 

Yours faithfully,

 

Signature:____________________________

Name       :____________________________

Address   : ____________________________

 

CC:          Bajaj Finserv Direct Limited

www.bajajfinservmarkets.in

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