PLATFORM TERMS AND CONDITIONS

Last Updated on 31 August 2022

These platform terms and conditions (“Terms”) govern the access or use by you (“Customer”, “you”, “your”) of the Services (defined below) on the [FINSARA] Application (“App”) provided by Resilient Artificial Intelligence Solutions Private Limited (“RAIPL”, “we”, “us” or “our”), a company established under the laws of India, having its and having its corporate office at 108, Udyog Vihar Phase 1, Sector 20, Gurugram, Haryana 122016, India. Please read these Terms carefully before accessing or using the Services.

Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and RAIPL. If you do not agree to these Terms, you may not access or use the Services.

1. DEFINITIONS

  • A. "Credit Limit” shall mean a credit limit issued by NBFC/Bank.
  • B. "Credit Limit terms” shall mean the terms and conditions imposed by the NBFC and available at https://finsara.app/creditlimit.html
  • C. "Credit Limit Issuer” shall mean entities / entity’ refer/s to banks / non-banks who have approval / authorisation from RBI to issue credit limit.
  • D. "Credit limit Program” is a type of payment and financial technology provided by RAIPL to the Customer which allows the Customer to use the Credit limit issued by us to make online / Point of Sale ("POS”) payments.
  • E. "Drawdown” shall mean each drawdown of the Credit Limit Facility per the Financing Terms.
  • F. "Financing Terms” shall mean the sanction cum loan agreement between you and the Lender.
  • G. "Full KYC Requirement” shall mean Aadhaar based verification of the Customer or such other verification process as determined by the Lender in accordance with the Reserve Bank of India (Know Your Customer (KYC)) Directions, 2016 (as amended from time to time)
  • H. "Credit limit Facility” means the maximum Drawdown limit for loan/credit facility granted to the Customer by the Lender.
  • I. "Lender” shall mean a bank and/or non-banking financial company or other credit providers that provide loans and that has sanctioned the Credit Limit Facility to the Customer that can be utilised through the Payment Options as per the Terms hereof and the Financing Terms.
  • J. "Payment Options” shall collectively refer to the Scan and Pay Facility, transfer to customer's bank account and any other feature as provided from time to time to avail a Drawdown on the Credit Limit Facility offered by the Lender.
  • K. "Scan and Pay Facility” means the facility offered by RAIPL to scan merchant Quick Response codes for making payments through its App.
  • L. "Services” means the various services facilitated by RAIPL including but not limited to Credit Limit Facility, Payment Options, quick and on-boarding, management, collections and any other services as may be added from time to time.
  • M. "Total Dues” means the total amount payable for the repayment of a Drawdown, including but not limited penal interest, late fees and any other charges.
  • N. "Transaction” means the purchase of goods and services by you via a Payment Option.
  • O. "Transaction Information” means information that is contained in text messages sent by providers of services and/or products (including but not limited to a bank and/or NBFC, Card Issuers, mobile carriers, and utility companies) to your mobile telephone number(s) in connection with one or more transactions across multiple financial accounts (including purchase, payments, billing information and service notifications related thereto) and includes, without limitation: i) your phone number; ii) Services availed, iii) Payment Options availed, iv) Transactions undertaken via the App.

2. PROFILE CREATION

  • A. You may use our App only if you are at least 18 years old and are eligible to enter into a contract under the Indian Contract Act, 1872.
  • B. To access the Services, you are required to create a profile (“Profile”) on the App. To create a Profile, you must provide us and/or our Lender(s) with your email address and/or phone number, which we will use to authenticate your identity.
  • C. You agree to receive communications from us regarding: (i) information relating to transactions recorded on the App; (ii) requests for payment and information from you; (iii) information about us and the Services; (iv) promotional offers and services from us and our third-party partners; and (v) any other matter in relation to the Services.
  • D. You also represent that you are an Indian National and a tax resident of India.
  • E. It is hereby clarified that FINSARA reserves the right to provide the Services to only those Users who are both competent to enter into legally binding contracts, have made the representations as provided above and also fulfill all the conditions as required by our internal policy for a user to be eligible to use our services, the internal policy for eligibility will be determined solely by us from time to time. FINSARA reserves the sole right to change, modify, add or remove in whole or in part, the internal policy in relation to the provision of the Services at any time without any prior written notice of intimation to the Users and we shall have the right to not entertain any request in relation to the same from the Users towards such Services without assigning any reason.

3. CONSENT TO USE DATA

  • A. To use the App and avail Services, you are required to allow us to access your location data, transactional SMSs, contacts, installed applications, storage, gallery, camera, transaction whatsapp messages and such other device data that we may require to provide you with our Services. If you revoke any of our permissions on the App, you may not be able to avail the Services. You agree and understand that all information and date collected and used by us shall be in accordance with our privacy policy (available here: https://finsara.app/privacy.html (“Privacy Policy”).
  • B. In order for us and/or our Lender to render the relevant Services to you and undertake KYC, you will be required to provide our Lender with the following details including: i) your name (as provided in the PAN card); ii) PAN number and iii) Aadhaar details or any other document that may be required from time to time in accordance with the requirement of the law.
  • C. In addition to any consent, you may give pursuant to the Privacy Policy, you hereby consent to: (a) the Lender retrieving your credit score from credit information companies for the purpose of evaluating your eligibility for a credit limit facility; (b) the Lender sharing your credit score with us in order to recommend appropriate credit products to you on the App; and (c) us sharing the Transaction Information with our Affiliates and Lenders.

4. KYC

  • A. You may be required to undertake certain know-your-customer (“KYC”) processes with us in order to avail the Services. In this regard, we may (or under the instructions of our Lender) require you to upload documents and information (“KYC Documents”) that may be necessary to ascertain your eligibility to avail the Credit Limit Facility.
  • B. For completion of this KYC verification process, RAIPL may provide you the option to submit copies of your KYC documents (defined below) manually, such as proof of address, proof of identity, Aadhar, Permanent Account Number (PAN) and your photograph, or through any other prescribed mechanism. With regard to the KYC documents submitted/ uploaded by you for address proof during the KYC process, please note that RAIPL will record the same as submission of proof of your current address, basis the declaration provided by you. You hereby give consent to RAIPL to use copies of the KYC documents (including the information contained in such documents) submitted by you (in physical form, digitally or otherwise ("KYC Documents"), for completing your KYC as required under applicable laws and update your records wherever required, and to verify PAN details with the National Securities Depository Limited (NSDL) and with other permitted repositories, as the case maybe for any purpose as consented by you. RAIPL may also request, and you may provide RAIPL with your consent to retrieve your KYC Documents (uploaded by a third party pursuant to the customer due diligence done by such third party on you earlier), from the Central KYC Records Registry (CKYCR). On receipt of your consent, RAIPL will search your KYC Documents on the CKYCR using your PAN and date of birth provided by you to RAIPL and will subsequently download the same form the CKYCR. Further, by consenting for RAIPL for retrieving your KYC Documents from the CKYCR, you agree and consent for RAIPL to re-use your KYC Documents (downloaded from the CKYCR).
  • C. Where you have voluntarily consented for submission of your Aadhaar card copy/ details for KYC purposes, please ensure that you redact or blackout the Aadhaar number before you submit the copy of your Aadhaar to us. In case you fail to or incorrectly redact your Aadhaar number, you hereby authorize us to take necessary action, including redaction of the number, to ensure compliance with applicable laws.
  • D. You authorise us, and any third-party service provider we may engage with, to process KYC Documents and ascertain your eligibility. You understand that we may avail services from any third party to conduct Aadhaar based KYC authentication i.e. authentication services provided by UIDAI, where your collected information (as defined in the Privacy Policy) that is obtained from you and matched with the personal identity information/data that is stored in the UIDAI's central identity data repository in order to provide Aadhaar enabled services to you. Any processing that we undertake shall be in accordance with our Privacy Policy and these terms. You agree that such processing may be subject to additional terms of service in the event a third-party processes information under this clause. Further, in the event any additional information, data, or documentation (collectively, “Additional Information”) is required to determine eligibility, you agree to share such Additional Information promptly upon request, and further authorise us to process such Additional Information.
  • E. You also authorize NSDL e-Governance Infrastructure Limited (NSDL e-Gov) to and in respect of the following activities, on behalf of RAIPL: (a) Use your Aadhaar details for KYC proof, enabling you to eSign the loan agreement and/or eSign the Mandate and authenticate your identity through the Aadhaar Authentication system (Aadhaar based e-KYC services of UIDAI) in accordance with the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 and the allied rules and regulations notified thereunder and for no other purpose;(b) Use your Aadhaar details for KYC proof and authentication of your identity through the Aadhaar Authentication system (Aadhaar based e-KYC services of UIDAI) in accordance with the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 and the allied rules and regulations notified thereunder and for no other purpose; (c) Authenticate your Aadhaar through one-time password ("OTP") or Biometric for authenticating your identity through the Aadhaar Authentication system for obtaining your e-KYC through Aadhaar based e-KYC services of UIDAI and use your Photo and Demographic details (Name, Gender, Date of Birth and Address) for KYC proof.
  • F. You agree and warrant to provide true, complete, and up-to-date KYC Documents and Additional Information. If the information provided by you, in our sole discretion, is unreliable or appears to be fraudulent or deficient, then you shall not be eligible to avail the Services using the App. If the Lender discovers any deficiency in the information provided by you on a later date, then we may terminate the account you hold with us.

5. SERVICES

  • A. The Company shall, through the App offer the Services subject to fulfilment of Full KYC Requirement. The monthly membership fees for the Services will be based on your credit limit (Refer to credit limit terms for more details)
  • B. Please note that signing up on the App, shall be treated as an offer by the User to avail of the Credit Limit in accordance with these Terms. The User shall be provided with a sanction cum loan agreement setting out the terms for the grant of a Credit Limit Facility by the Lender. Please note that the sanction cum loan agreement / Financing Terms of the Lender (and/or the authorized agent of the Lender) will set out the key terms of the financial assistance.
  • C. Please note that RAIPL is a financial technology company and is merely a facilitator providing the App to any person in need of financial products and facilitates financial services to the Users. In the event of a Credit Limit Facility offered and sanctioned by our Lender, the final decision as regards sanction is undertaken by the Lender at its sole discretion and RAIPL does not have any role in respect of the same. Please refer to the Financing Terms which governs the relationship between you and the Lender in relation to the Credit Limit Facility availed by you through our App.
  • D. We may from time to time modify existing products, features, or services, or otherwise introduce new features or services on or through the App. The term ‘Services’ shall include any modification to existing, as well as any new features, products, or services. FINSARA reserves the right to amend, add or remove portions of these User Terms, from time to time, without notice to you by posting revised User Terms on the App. It is hereby clarified that you shall be responsible for reviewing these User Terms periodically and keeping yourself updated with any changes. Once posted, those changes are effective immediately, unless stated otherwise. Continued access or use of the Services constitutes your acceptance of the changes and the amended User Terms. However, if you do not agree with the changes, please avoid using the Services or submitting information to FINSARA).
  • E. You may not uninstall the App prior to the repayment of the Total Dues in full. In the event that you uninstall the App at any point prior to the full repayment of the Total Dues, such an act will not extinguish your responsibilities under the agreement you have with the Lender, and you shall continue to be liable to repay Total Dues as per the Credit Limit Facility availed.

6. PAYMENT OPTIONS

  • A. You agree and understand that a Drawdown will be made available through various Payment Options. Each time you use a Payment Option to make a Transaction, you request a Drawdown equivalent to the Transaction amount to facilitate the Transaction.
  • B. Scan and Pay Facility: You are authorised to use the Scan and Pay Facility on the App to make payments online or at various merchant establishments.

7. FEE

  • A. Fee – You unconditionally and irrevocably authorize RAIPL to charge a fee ("Fee”) for every month you use the credit limit .
  • B. You unequivocally and irrevocably authorise us to recover any charges owed by you for availing the Services.
  • C. The Fee is an admitted liability of the Customer and shall be payable by the Customer.
  • D. The Fee mentioned under this Clause 7 are non-refundable, non-transferrable and non-assignable in nature.
  • E. RAIPL may, in its sole discretion, modify the charges on a case-to-case basis. The details of such updated charges will be communicated to you.

8. CASHBACK

We do not guarantee or warrant the cashback offered, nor are we liable/responsible for any defects/failures in the cashback received by the Customer(s) in this manner. We shall also not be liable for any defects/discrepancies in the cashback offered to the Customer(s). Further, we reserve the absolute right to terminate, withdraw, suspend, amend, extend, modify, add or delete any part of the offer/cashback at any time without prior written notice and without any liability.

9. RESTRICTIONS

RAIPL and/or Lender reserves the right to block or temporarily suspend your access to the Payment Options in the following events:

  • a chargeback or fraud is reported due to your use of the Payment Options.
  • Occurrence of a default on your repayments or failure to pay the any dues.
  • on the basis of any background or know-your-customer (KYC) checks undertaken.
  • any activity that RAIPL may at its sole discretion deem to be suspicious.

10. E-NACH MANDATE

Should you avail a Credit Limit Facility, subject to the terms and conditions agreed upon with the Lender, you may be required to create an E-NACH mandate on the App over your account detail. Please note that the grant of a Credit Limit Facility is conditional on you granting an E-NACH mandate. Should you cancel the E-NACH mandate for insufficient amounts, you will be required to first create a separate E-NACH mandate for a separate bank account.

11. YOUR RESPONSIBILITIES

  • A. You represent and warrant that all information that you provide on the App or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
  • B. You shall extend all cooperation to us, in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
  • C. You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
  • infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
  • except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;
  • use the Services to transmit any data or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • use any robot, spider, other automated device, or manual process to monitor or copy the App or Services or any portion thereof;
  • engage in the systematic retrieval of content from the App to create or compile, directly or indirectly, a collection, compilation, database or directory;
  • use the Services in any unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms; or
  • violate applicable laws in any manner.

12. INTELLECTUAL PROPERTY

  • A. All rights, title, and interest in and to the App and Services, including all intellectual property rights arising out of the App and Services, are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the App in accordance with these Terms and its written instructions issued from time to time.
  • B. We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you, without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
  • C. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third-party’s intellectual rights.

13. DISCLAIMERS

  • A. We own, operate, and maintain a technology platform, and are not a financial institution under the Companies Act, 2013, or a Non-Banking Financial Company under the Reserve Bank of India Act, 1934 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India.
  • B. RAIPL does not undertake any product liability or service obligations. We do not represent, warrant, or make guarantees on behalf of any third parties. We disclaim any responsibility or liability for any Services or offerings on the App.
  • C. You accept full responsibility for any consequences that may arise from your use of the Payment Options, and in this respect agree and acknowledge that RAIPL shall have absolutely no liability with respect to the same.
  • D. To the fullest extent permissible under the applicable law, RAIPL, and any of RAIPL’s third-party partners, licensors, and suppliers, disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade. No advice or information, whether oral or written, obtained by you through the App will constitute or create any representation or warranty not expressly stated herein.
  • E. You acknowledge and agree that the use of the Services is at your sole risk. The App including any data, information, third party software, reference sites, services, or software made available in conjunction with or through the App are provided on an “as is” and “as available” basis and without warranties or representations of any kind either express or implied. We and any of our third-party suppliers, licensors, and partners do not warrant that the data, software, functions, or any other information offered on or through the App will be uninterrupted or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
  • F. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that we shall have absolutely no liability with respect to the same.
  • G. To the fullest extent permissible by law, we, our affiliates, and our related parties each disclaim all liability to you for any loss or damage arising out of or due to:
  • your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;
  • the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to our records, programmes, services, server, or other infrastructure relating to the Services; or
  • the failure of the Services to remain operational for any period of time.

14. THIRD PARTY SERVICES

  • A. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third-party including, but not limited to the Lenders (“Third-Party Services”) or contain links to Third-Party Services. You understand and acknowledge that Third-Party Services are the responsibility of the third-party that created or provided it and acknowledge that use of such Third-Party Services is solely at your own risk.
  • B. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Should you avail a Third-Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third-Party Services. Further, all intellectual property rights in and to Third-Party Services are the property of the respective third parties.

15. INDEMNITY

You shall indemnify, defend at RAIPLʼs option, and hold RAIPL and Lender, its, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneysʼ fees) due to or arising out of your access to the App, use of the Services, violation of these Terms or any infringement of these Terms by any third party who may use your account with RAIPL.

16. LIMITATION OF LIABILITY

Notwithstanding anything to the contrary contained herein, neither RAIPL nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless RAIPL, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the use of the App or the Services.

17. REGULATORY CHANGES

You acknowledge and agree that we may have to modify the Services to comply with the applicable laws. As a result of this, you may be unable to access or use all or any part of the Services. We shall not be liable to you for such inability to use the Services pursuant to our compliance with the applicable laws.

18. MODIFICATION OF SERVICES

RAIPL reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Payment Products (or any part thereof) with or without cause. RAIPL shall not be liable for any such addition, modification, suspension, or discontinuation of the Payment Products.

19. GOVERNING LAWS AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India and any dispute concerning these Terms or Payment Options shall be subject to the exclusive jurisdiction of courts at New Delhi, India.

20. MISCELLANEOUS PROVISIONS

  • A. Modification – RAIPL reserves the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services and/or Payment Options. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate and RAIPL will cease to provide any Services to you.
  • B. Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
  • C. Waiver– No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
  • D. Assignment – You shall not licence, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without RAIPLʼs prior written consent. RAIPL may grant (subject to any conditions it deems appropriate) or withhold this consent at its sole discretion. RAIPL may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Payment Options without any prior notice to you.
  • E. Notices – All notices, requests, demands, and determinations for RAIPL under these Terms (other than routine operational communications) shall be sent at 108, Udyog Vihar Phase 1, Sector 20, Gurugram, Haryana 122016, India.
  • F. Third Party Rights – No third party shall have any rights to enforce any terms contained herein.
  • G. Translations – RAIPL may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.

21. TERMINATION

  • A. FINSARA may forthwith terminate and/ or suspend, in whole or in part, these User Terms, App or Services provided hereunder, for any reason including for reasons of breach of these User Terms without any prior notice at the sole discretion of FINSARA, which shall not be disputed by you under any circumstances whatsoever.
  • B. In the event of termination of these User Terms by FINSARA or the User, the User shall be liable to pay the Total Dues, as per the statement raised by FINSARA till date of such termination.

22. CRIF HIGH MARK CREDIT SCORE TERMS OF USE

In connection with submission of the application for my credit information (“Consumer Credit Information”) offered by CRIF High Mark Credit Information Services Pvt. Ltd (“CIC”) through Resilient Artificial Intelligence Solutions Private Limited (referred to as the “Company”) and delivery of the Consumer Credit Information to the Company, I hereby acknowledge and agree to the following:

  • A. The Company is my lawfully appointed agent and he / it has agreed to be my agent to obtain my Credit Information Report and Credit Score from CRIF High Mark Credit Information Services Pvt. Ltd (CRIF High Mark) for the purpose of facilitating credit approval for the customers in order to provide better financial services and not for any other purposes. This consent shall be valid for a maximum period of 6 months or till such time the credit information is required to be retained to satisfy the purpose for which it was intended, or I withdraw my consent to store such credit information, whichever is earlier.
  • B. I hereby expressly grant unconditional consent to, and direct, CIC to deliver and / or transfer my Consumer Credit Information to the Company on my behalf.
  • C. I shall not hold CIC 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, wherever authorized by me; (c) any breach of confidentiality or privacy in relation to delivery of my Consumer Credit Information to the Company;
  • D. I acknowledge and accept that: (a) CIC 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 CIC and the Company is solely the responsibility of the Company.
  • E. I agree that I may be required to record my consent / provide instructions electronically or physically as the case may be, and in all such cases I understand that by clicking on the "I Accept" button below or signing this Consent physically, I am providing "written instructions" to Company authorizing Company to obtain my Consumer Credit Information from my personal credit profile from CRIF High Mark. 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 or signing this Consent physically, I agree to the terms and conditions, acknowledge receipt of CIC privacy policy and agree to its terms, and confirm my authorization for Company to obtain my Consumer Credit Information.
  • F. I understand that in order to deliver the product to me, I hereby authorize Company, to obtain my Consumer Credit Information from CIC.
  • G. By submitting this registration form, I understand that I am providing express written instructions for Company to request and receive a copy of my consumer credit report and score from CIC.
  • H. I understand that the product is provided on an “as-is”, “as available” basis and CIC expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • I. I shall not sue or otherwise make or present any demand or claim, and I irrevocably, unconditionally and entirely release, waive and forever discharge CIC, 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 CIC 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 CIC by third parties arising from and in connection with this letter.
  • J. 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.

23. CONSENT IN RELATION TO ACCESS TO CREDIT INFORMATION THROUGH EXPERIAN

By executing this agreement / consent form, You hereby consent to Resilient Artificial Intelligence Solutions Private Limited being appointed as your authorized representative to receive your Credit Information from Experian for the purpose of offering various Financial services, on month on month basis for a period of six (6) months.

By executing this agreement / consent form, you are expressely agreeing to access the Experian credit information report and credit score, aggregate scores, inferences, references and details (as defined below) (together referred as “Credit Information”). You hereby also consent to such credit information being provided by Experian to you and Resilient Artificial Intelligence Solutions Private Limited by using Experian tools, algorithms and devices and you hereby agree, acknowledge and accept the terms and conditions set forth herein.

Terms and Conditions:

Resilient Artificial Intelligence Solutions Private Limited shall access your Credit Information as your authorized representative and Resilient Artificial Intelligence Solutions Private Limited 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 Resilient Artificial Intelligence Solutions Private Limited. 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 Resilient Artificial Intelligence Solutions Private Limited 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.

Definitions:

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.

23. GRIEVANCE AND SUPPORT

You may contact our Grievance Officer with any enquiry relating to this Policy or your personal data. Further, we are not obligated to mediate disputes between You and Lenders. We can assist in enabling communications regarding a dispute. In case of any complaint regarding Services, please contact the below mentioned details.

To Nodal grievance redressal Officer: Abhishek Bajaj
Address: 2nd Floor 108, Udyog Vihar Phase 1, Sector 20, Gurugram, Haryana 122016, India
Email Address: abhishek.bajaj@resilient-ai.com