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GENERAL TERMS & CONDITIONS

I. CUSTOMER’S REPRESENTATIONS:

I hereby state, confirm and agree as under:

1. That I have applied for Bajaj-Finserv Existing Member Identification Number (“EMI Network Card / INSTA EMI CARD”) of type as specified in this form (“Application Form”), from Bajaj Finance Limited (“BFL”).
2. That I hereby unconditionally acknowledge and accept that:
   1. the EMI Network Card may be issued by BFL either in physical or electronic form.
   2. All particulars, information and details/information that I would provide in relation to my application would be true, correct and up to date in all respect and that I would not withheld any material information and I would be obligated to keep BFL immediately updated of any change in the information provided by me.
   3. I hereby authorize BFL to verify/check/obtain/download my KYC details from the CKYC Registry; (i) by verifying such details through the CKYC number (i.e. KYC Identifier Number- KIN) provided by me or (ii) by obtaining such CKYC number/KIN, through details shared by me as part of this Application Form.
   4. In the event, KYC is processed through OKYC, I hereby voluntarily consent at my own discretion to share the XML file containing my Aadhaar information to BFL & its permitted assigns / affiliates for the purpose of establishing my identity through such acceptable manner in terms of UIDAI guidelines or under any Act of law from time to time. I hereby also expressly declare that:
      1. My XML file containing my Aadhaar details will be used for KYC (Know Your Customer) purposes only to avail financial facilities from BFL and that the information submitted by me to BFL shall not be used for any other purpose, unless the same is required under any law;
      2. During offline verification process, my information such as Name, Photo, Date of Birth, Email ID, Mobile Number, Age, Gender, and address may be verified by BFL,
      3. I will be required to submit any other officially valid document (OVD) / Deemed to be OVD in place of Aadhaar.
   5. I shall submit any/all documents, in such form and manner as may be required by BFL in relation to my application, including but not limited to details as may be required for completion of my KYC requirement by BFL. Further in case of any changes in my registered KYC or bank account details, I will promptly update such changes with BFL.
   6. I shall make payment of the applicable fee and/or charges, as specified herein by BFL with respect to EMI Network Card and as more specifically detailed under Annexure I, below or such other fees/charges as provided on https://www.bajajfinserv.in/all-fees-and-charges-new#iec.
   7. I hereby agree to pay the Joining Fee as detailed under Annexure I below to BFL, for availing the EMI Network Card, however in case I wish to avail the “pay at store” option for payment of Joining Fee or such other fee as detailed under Annexure I, than same shall added to the first Monthly Installment or first down payment of the loan availed through EMI Network Card.
   8. I understand that my application shall be rejected by BFL, if all the documents as required by BFL are not furnished (in such form and manner acceptable to BFL), within the aforementioned timeline.
   9. I understand that the aforesaid fee and/or charges are subject to changes and are non-refundable and non-transferable.
   10. That I have read and understood the Master Terms and Conditions applicable to Loans for Consumer Durable, Digital, Life style products & EMI Network Cards (“Master Terms”) prescribed by BFL and available on website: https://www.bajajfinserv.in/master-tncs-applicable-for-cd-loans-and-emi-card.pdf and understand the applicability of the same for issuance and usage of EMI Network Card and hereby agree to be bound by the same at all times including any additions/amendments thereto from time to time. I agree to keep myself updated of any revisions in the Master Terms as may be communicated by BFL through any Acceptable Means of Communication (as defined in the Master Terms).
   11. k) I shall keep my credentials including the login id and password/PIN issued by BFL and/or reset by me (“Credential”) as confidential and not to share the same with any person/third party. Any use or misuse of the credentials including the transactions carried out using the credentials shall be my sole responsibility and BFL shall not be held responsible for any loss/damage incurred on account of such use or misuse.
3. I authorize BFL
   1. To exchange, share or part with all information relating to this application to credit bureaus/credit reference agencies, its group companies, financial institutions, Credit Information Companies (‘CIC’), Central KYC Registry (CERSAI) or any authorized third-party agency as BFL may deem necessary or appropriate for use or processing of the said information and shall not hold BFL or any of its group companies or its/ their agents/representatives) liable for use/sharing of the information as stated above.
   2. To seek/obtain any other information, relating to me, from any third party.
   3. To procure/avail my CIBIL report and provide it to me by deducting applicable charges for the same
   4. To share certain information related to EMI Network Card, which may include my KYC and transaction details with its business associates (subject to confidentiality restrictions) for integrating the EMI Network Card usage on such business associate’s website/ wallet, etc. as may be required for facilitating my use of EMI Network Card.
4. I hereby expressly consent for paying a Loan Enhancement Fee, in case where BFL allows to approve the Loan transaction amount over and above my EMI Card loan limit, as per its internal risk/credit policies and at its sole and absolute discretion. It is hereby clarified that payment of such fee would not enhance my overall EMI card loan limit. Further I agree that payment of such fee would be added to the first emi/monthly installment of my Loan transaction
5. I hereby authorize group companies, affiliates and/or business associates of BFL and their respective representatives to send me communications regarding loans, insurance and third-party products and services, availed by me through this Application Form, through telephone calls/SMSs/emails/post/WhatsApp etc. including but not limited to promotional communications. I understand that I can at any time opt to withdraw my consent to receive any communication.
6. That this Application Form, together with all its contents may be submitted to/contained herein:
   1. The subsidiaries, group companies, partners affiliates of BFL, any service provider/third party with reference to rendering services in connection with the product(s) availed by me.
   2. to any Regulator, Court, Law enforcement agency, Quasi-Judicial authority etc. on a need to need basis.

II. EMI NETWORK CARD TERMS:

1. EMI Network Card is neither a credit card nor a stored value card, etc. and is used only for authentication of Customer’s identity while providing the Loan.
2. All EMI Network Cardholders, who have not availed loan using the EMI Network Card in the preceding year, will be charged an Annual Fee, as detailed in Annexure I below. Preceding year will be calculated starting the issuance month mentioned on the EMI Network Card. In case the Customer uses the EMI Network Card for availing the Loan within the stipulated time period as prescribed by BFL, then the Annual Fee levied shall be refunded.
   1. For example: If the EMI Network Card is issued in the month of February 2019 (referred to as ‘Member Since’, on the EMI Network Card) the date for payment of the annual fee will be March 2020.
3. For each valid transaction initiated and approved by the BFL on the EMI Network Card, a new Loan account will be created by BFL, provided that BFL may at its sole discretion reject such transaction initiated through the EMI Network Card. Further BFL may require additional documentation from the Customer for approving the said loan transaction.
4. BFL may at any time, at its sole discretion and without assigning any reason, decide to withdraw the EMI Network Card service and/ or terminate any specific EMI Network Card and will have no liability to the EMI Network Card-holder or any other person in this regard.
5. BFL is not an issuer/provider of the products purchased/services availed by the Customer through the EMI Network Card. Accordingly, BFL shall not be responsible for the quality or any assurances and/or representations made in relation to such products/services provided by third parties. BFL shall not be liable for any delay in delivery or no-delivery of product and/or with respect to the quantity, quality, conditions, fitness, suitability or otherwise whatsoever of the product.
6. The NACH mandate given by Customer in favour of BFL can be used to recover all Outstanding amount including fees, penalties, cost and other applicable charges in connection with any Loan availed by the Customer from BFL.
7. Terms used but not defined herein shall have the meaning ascribed to them in the Master Terms
8. In the event of an unauthorized access to or use of an EMI Network Card, EMI Network Cardholder shall immediately inform BFL and call/write to BFL’s Customer Care on 8698010101 and request for blocking the earlier EMI Network Card.
9. BFL Customer Care Contact details:
   • For any queries, visit our website  https://www.bajajfinserv.in/reach-us. Select the <Email Us> tab and follow the directions to get your query resolved.
   • EMI Network Cardholders may also call BFL Customer Care for any grievances/queries related to EMI Network Card at 8698010101. This is not a toll-free number and normal call charges will be applicable
10. The Customer has given or shall give NACH mandate or any other electronic mandate in favor of BFL covering all the Outstandings. The NACH mandate or any other electronic mandate given or to be given in favour of BFL by the Customer holding the primary EMI Network Card, shall also cover all Outstandings in relation to the Add-on EMI Card linked to such Customer’s EMI Card.
11. The Customer shall observe and perform all the obligations as provided herein and as provided under the Master Terms. The EMI Customer holding the primary EMI Network Card shall observe and perform all obligations under the Master Terms in relation to the Loan(s) availed using the Add-on EMI Card linked to the primary EMI Network Card including but not limited to the terms governing repayment.
12. The Customer hereby agrees and acknowledges to perform his/her first transaction through the EMI Network Card at physical partner store of BFL (i.e BFL empanaled merchants and dealers https://bit.ly/34K4bc8).

III. EMI NETWORK CARD USAGE:

1. The usage of the EMI Network Card is subject to the terms and conditions mentioned in this application and Master Terms accessible on https://www.bajajfinserv.in/master-tncs-applicable-for-cd-loans-and-emi-card.pdf as may be amended by BFL from time to time.
2. The usage of the EMI Network Card would be construed as the deemed acceptance of the Master Terms controlling the EMI Network Card.
3. By using the EMI Network Card, the customer may engage in the following transactions:
   1. use it for identification/authentication for availing finance facility from BFL.
   2. To avail loan for purchasing a Consumer Durable (CD) (LED, refrigerator, AC, smartphones, laptops etc.), Lifestyle (LSF) (furniture, life care elective procedures, educational services etc.) or Retail (apparel, footwear, small appliances, travel, coaching classes, hotels, flights, eyewear, accessories etc.) product, from outlets/stores owned and operated by Dealers & POS – Online & Offline, and such other products as may be authorized by BFL from time to time. (“Products”) from the Dealers empaneled with BFL on equated monthly instalments from BFL where EMI Network Card is available & authorized;
   3. enquire about the available loan amount for CD, LSF or Retail purchase; and/or enquire about personal loan eligibility and/or apply for the same at BFL’s call center, branch or online customer portal;
4. EMI Network Card shall not be used for any unlawful / unauthorized purpose.
5. By providing/entering the EMI Network Card number or by providing the registered mobile number of the cardholder (as per BFL’s records) at Merchant Counter or BFL’s branches or online platform, the issuance date and the name of the cardholder; where the Customer is required to show one photo identification card or enter his/her PIN or Transaction Code. Once the Customer identity is authenticated, the EMI Network Cardholder will receive an SMS providing the commercial terms of the proposed Loan being offered (“Transaction SMS”) and containing a specific numeric code (the “Transaction Code”).
6. As a token of acceptance to the terms and conditions provided in the Transaction SMS, the customer shall convey his/her acceptance by entering the PIN or Transaction Code or OTP at the counter or BFL branch or OTP at the online platform, as the case may be.
7. BFL would charge convenience/processing fees at its sole discretion on the Loan availed by customer using EMI Network Card, same would be communicated to the Customer through the Transaction SMS and shall be binding on the customer.
8. Notwithstanding anything contained in these terms, this application and payment of Joining Fee by the Customer, use of EMI Network Card shall be subject to below terms:
   1. EMI Network Card cannot be used for purchase on eCommerce platforms and of retail (apparel, footwear, small appliances, travel, coaching classes, hotels, eyewear, accessories etc.) products, until successful registration of the NACH mandate for the loan availed by the Customer as per this Application Form, and
   2. BFL may at its sole, absolute discretion and on the basis of its internal policies (including but not limited to risk policies) reject any transaction/authorization initiated through EMI Network Card by the Customer

COMMUNICATIONS RELATED TERMS AND CONDITIONS

By submitting the OTP provided by BFL, I hereby expressly authorise BFL, its group companies, affiliates and/or business associates and their respective representatives to send me communications regarding loans, insurance and their respective products and/or services (collectively “Other Products”) through telephone calls/SMSs/emails/post/bots/bitly, etc. including but not limited to promotional communications. I agree and understand that such Other Products if availed, are governed by their own set of terms and conditions, which shall be in addition to and not in derogation to the terms and conditions prescribed by BFL herein. I understand that I can at any time opt not to receive any telecommunication.

Terms of Understanding:

1. I declare that all the particulars and information provided by me to Bajaj Finance Ltd. (“BFL”) for availing of my credit report from TransUnion CIBIL Limited (“Credit Report”) are true, correct, complete and up-to-date in all respects and that I have not withheld any information whatsoever.
2. If I express interest to avail of any product/service, I authorize BFL to exchange, share all information and details as provided by me for availing of the credit report and for promotion/communication purpose to BFL’s business partners/group companies//permitted assigns, affiliate/subsidiaries/agents/service provider/representatives/empanelled merchants (collectively referred to as “Assigns”) and any third party including but not limited to, banks, financial institutions, credit bureaus, telecommunication companies, statutory bodies, empanelled merchants, central KYC registry, Reserve Bank of India, GST portal, CIBIL/CRISIL/any credit rating agency/credit information company, information utility, NSDL e-Governance Infrastructure Limited (NSDL)/ UTI Infrastructure Technology and Services Limited (UTIITSL) for verification, personalization of products or services, credit rating, data enrichment, marketing or promotion of BFL services or related products or that of its assigns or for enforcement of your obligations and I shall not hold BFL/its Assigns liable for the use/sharing of the information as stated above. Further, if I choose to avail of any product/service from BFL or its assigns, I authorise BFL/its Assigns to seek/obtain any other information, relating to me, from any third party.
3. I hereby expressly authorize BFL/its Assigns to send me transaction and/or promotional communications and/or to avail of loans, insurance and other products from BFL/its Assigns /or third parties through telephone calls/SMS/emails/bitly/bots/in person communication etc. or through any other means of physical and electronic communication.
4. I hereby understand and acknowledge that upon accessing BFL/its Assigns platform/website, BFL/its affiliates/group companies/business partners may access my cookies/device information and other details accessible through the widget/lead generation page to provide customized services.
5. I further understand that if I choose to avail of any product/service from BFL or its Assigns, I will be required to submit documents to the satisfaction of BFL/its Assigns and accept the terms and conditions/required formalities for availing of the product and the terms and conditions/policies for purchase and use of the products/services of the Assigns (if any).
6. I understand that I may withdraw my consent to receive promotional communication or delete information shared with BFL by writing to wecare@bajajfinserv.in
7. I understand that BFL may be required to share/transmit my information/data through physical/electronic means and that there may be risks/loss of information involved, which are beyond the control of BFL and I shall not hold BFL/its Assigns liable for the same.
8. I understand and acknowledge that:
   1. BFL employees/personnel/Assigns will not contact me directly for disclosure of any sensitive and personal information unless required for providing any product/service availed by me. Hence, I am solely responsible to exercise proper due diligence to verify the identity of the individual(s) contacting me before disclosing any personal and sensitive personal data/ information such as reaching out to BFL’s nearest branch or BFL’s official customer care number accessible on www.bajajfinserv.in for verification/before any disclosure.
   2. I hereby waive off from making any claims / demands / compensation against BFL and its Assigns and shall be solely liable for disclosure of any personal/sensitive personal information without exercising proper due diligence at my end.
   3. I shall undertake to only use the official website/links of BFL/its Assigns for availing products/services by inputting the domain information.
   4. Regarding the potential risk of data/privacy breach, I confirm that I shall be solely liable for any unauthorized disclosure/breach of data, etc and any direct/indirect losses suffered by me due to the same. Hence, I shall exercise utmost caution to ensure that my personal data/sensitive personal data (including but not limited to any passwords, financial information, account details, etc) are NOT shared/stored/made accessible through:
      1. any physical means with or without my knowledge (disclosure to any person/third party; etc) and/or
      2. through any electronic means, by exercising the following precautions/safety measures:
         1. I shall always check if “https” appears in any website’s address bar before making any online transaction, to ensure that the webpage is encrypted;
         2. I shall avoid using third party extensions, plug-ins or add-ons on my web browser, as it may result in the risk of tracking or stealing of my personal details;
         3. I shall always type the information and not use the auto-fill option on web browser to prevent the risk of storage of my personal/sensitive personal information;
         4. I shall NOT access darknet, unauthorized/suspicious websites, suspicious online platforms, download applications from unreliable sources.
         5. I shall ensure to disable cookies before accessing any domain/website, to ensure that my personal information is not tracked by any third party, unless otherwise consciously permitted by me by accepting the same;
         6. I shall NOT respond to any generic emails from an unknown/unidentified source;
         7. I shall check the privacy policy of the website/application to know the type of information that may be collected from me and the manner in which it may be processed by the website/application before accepting/proceeding/transaction on any website/application;
         8. I shall always verify and install authentic web/mobile applications from reliable source on my computer/laptop/tab/iPad/smart phone or any other electronic device;
         9. I shall NOT access any unidentified weblinks, bitly or any other electronic links shared over electronic platform (such as email, sms, social media, websites).

Terms and Conditions for availing Credit Health Report:

1. I declare that all the particulars and information provided by me to Bajaj Finance Limited. (“BFL”) for availing the credit health report product (“Credit Health Report”) are true, correct, complete and up-to-date in all respects and that I have not withheld any information whatsoever.
2. I understand that the Credit Health Report is generated basis information specified in your credit report provided by TransUnion CIBIL Limited ("CIBIL Report") and the information and analysis provided by Bajaj Finance Limited ("BFL"). With respect to the information derived from the CIBIL Report, BFL is using the same on ‘as is’ basis. Any concerns on the CIBIL Report or information specified on the CIBIL report is to be addressed directly to TransUnion CIBIL Limited at info@cibil.com.
3. Pursuant to availing the Credit Health Report, I authorize BFL to exchange, share all information and details as provided by me for availing Credit Report and for promotion/communication purpose to BFL’s business partners/group companies/permitted assigns, affiliate/subsidiaries/agents/service providers/representatives/empanelled merchants (collectively referred to as “Assigns”) and any third party including but not limited to, banks, financial institutions, credit bureaus, telecommunication companies, statutory bodies, empanelled merchants, Central KYC Registry, Reserve Bank of India, GST portal, CIBIL/CRISIL/any credit rating agency/credit information company, Information Utility, NSDL e-Governance Infrastructure Limited (NSDL)/UTI Infrastructure Technology and Services Limited (UTIITSL) for verification, personalization of products or services, credit rating, data enrichment, marketing or promotion of BFL services or related products or that of its Assigns or for enforcement of your obligations and I shall not hold BFL/its Assigns liable for the use/sharing of the information as stated above. Further, I authorise BFL/its Assigns to seek/obtain any other information, relating to me, from any third party.
4. I hereby expressly authorize BFL/ its Assigns to send me transaction and/or promotional communications and/or to avail loans, insurance and other products from BFL/its Assigns /or third parties through telephone calls/SMSs/emails /bitly/bots/ in person communication etc. or through any other means of physical and electronic communication.
5. I hereby understand and acknowledge that the features of the financial product or service (“FPS”) of BFL mentioned in the Credit Health Report are: i. not exhaustive and ii. may be provided subject to fulfilment of all criteria specified by BFL and in BFL’s sole discretion. Further, third party products/services that are distributed by BFL shall be governed by third party terms. I shall exercise diligence prior to making an application for availing FPS or third-party products.
6. For any clarification on the FPS/third party products, you may reach out to us on wecare@bajajfinserv.in or +91 8698010101. Please note that the information in this report, including information regarding timelines, amounts and figures are indicative only and are subject to change at any given time at the discretion of BFL.
7. For any clarification on the FPS/third party products, you may reach out to us on wecare@bajajfinserv.in or +91 8698010101. Please note that the information in this report, including information regarding timelines, amounts and figures are indicative only and are subject to change at any given time at the discretion of BFL.
8. DISCLAIMER: All information contained in this report has been collated basis your Credit Information Report powered and prepared by CIBIL and the information provided by you to BFL. Consequently, BFL does not in any manner guarantee, represent and/or warrant the totality, accuracy, adequacy and/or completeness of this report and/or any information and/or material contained therein and expressly disclaim any liability for any errors and/or omissions in this report and/or any information and/or material contained in the report. While the aim is to provide information that will help consumers to manage their credit and debt, this information should not be considered as an advice or opinion whether legal, financial or otherwise. Such advice must be specific to the various circumstances of each person's situation and the general information provided in this report should not be used as a substitute for the advice of competent advisor including any legal and/or financial advisor/counsel. BFL or its holding company/group companies/subsidiaries shall not be liable for any loss, cost, damage and/or consequence as a result of reliance by you/customer/consumer/any other person on the report or any information and/or material contained herein.
9. I hereby understand and acknowledge that upon accessing BFL/its Assigns platform/website, BFL/its affiliates/group companies/business partners may access my cookies/device information and other details accessible through the Widget/lead generation page to provide customized services.
10. I further understand that if I choose to avail any product/service from BFL or its Assigns, I will be required to submit documents to the satisfaction of BFL/its Assigns and accept the terms and conditions/required formalities for availing the Product and the terms and conditions/ policies for purchase and use of the products/services of the Assigns (if any).
11. I understand that I may withdraw my consent to receive promotional communication or delete information shared with BFL by writing to wecare@bajajfinserv.in
12. I understand that BFL may be required to share/transmit my information/data through physical/electronic means and that there may be risks/loss of information involved which are beyond the control of BFL and I shall not hold BFL/its Assigns liable for the same.
13. I understand and acknowledge that:
    1. BFL employees/personnel/Assigns will not contact me directly for disclosure of any sensitive and personal information unless required for the providing any product/service availed by me. Hence, I am solely responsible to exercise proper due diligence to verify the identity of the individual(s) contacting me before disclosing any personal and sensitive personal data / information such as reaching out to BFL’s nearest branch or BFL’s official customer care number accessible on www.bajajfinserv.in for verification/before any disclosure.
    2. I hereby waive off from making any claims / demands / compensation against BFL and its Assigns and shall be solely liable for disclosure of any personal/sensitive personal information without exercising proper due diligence at my end.
    3. I shall undertake to only use the official website/links of BFL/its Assigns for availing products/services by inputting the domain information.
    4. Regarding the potential risk of data/privacy breach, I confirm that I shall be solely liable for any unauthorized disclosure/breach of data, etc and any direct/indirect losses suffered by me due to the same. Hence, I shall exercise utmost caution to ensure that my personal data/sensitive personal data (including but not limited to any passwords, financial information, account details, etc) are NOT shared/stored/made accessible through:
       1. any physical means with or without my knowledge (disclosure to any person/third party; etc) and/or
       2. through any electronic means, by exercising the following precautions/safety measures:
          1. I shall always check if “https” appears in any website’s address bar before making any online transaction, to ensure that the webpage is encrypted;
          2. 2I shall avoid using third party extensions, plug-ins or add-ons on my web browser, as it may result in the risk of tracking or stealing of my personal details;
          3. I shall always type the information and not use the auto-fill option on web browser to prevent the risk of storage of my personal/sensitive personal information;
          4. I shall NOT access darknet, unauthorized/suspicious websites, suspicious online platforms, download applications from unreliable sources.
          5. I shall ensure to disable cookies before accessing any domain/website, to ensure that my personal information is not tracked by any third party, unless otherwise consciously permitted by me by accepting the same;
          6. I shall NOT respond to any generic emails from an unknown/unidentified source;
          7. I shall check the Privacy Policy of the website/application to know the type of information that may be collected from me and the manner in which it may be processed by the website/application before accepting/proceeding/transaction on any website/application;
          8. I shall always verify and install authentic web/mobile applications from reliable source on my computer/laptop/tab/ipad/smart phone or any other electronic device;
          9. I shall NOT to access any unidentified weblinks, bitly or any other electronic links shared over electronic platform (such as email, sms, social media, websites).
14. The payment of Rs.199 for your Bajaj Finserv Credit Health Report is non-refundable. Once the transaction is successful and the amount is deducted, said amount shall not be refunded.

User Consent for Delivery of Product

1. The Agent is my lawfully appointed agent and he / it has agreed to be my agent for the purposes, including, without limitation, to receive the Product from TU CIBIL on my behalf and use it in the manner consistent with the end-use policy of my Agent (“Agent’s End Use Policy” ) or the understanding between me and my Agent (“Terms of Understanding” ), as the case may be, and the Agent has granted its consent for being appointed for the aforesaid purpose.
2. I grant my unconditional consent to the Agent to receive the Product from TU CIBIL on my behalf and use it in the manner consistent with the Agent’s End Use Policy or the Terms of Understanding, as the case may be, and the Agent has granted its consent for being appointed for the aforesaid purpose. I hereby represent and acknowledge that: (a) I have carefully read the terms and conditions of the Agent’s End Use Policy and understood the same; or (b) the Terms of Understanding in relation to the use of the Product has been agreed between me and my Agent.
3. I hereby expressly grant unconditional consent to, and direct, TU CIBIL to deliver the Product to the Agent on my behalf.
4. I shall not hold TU CIBIL 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 the Product to the Agent; (b) any use, modification or disclosure by the Agent of the contents, in whole or in part, of the Product, whether authorized or not; (c) any breach of confidentiality or privacy in relation to delivery of the Product to the Agent; (d) for any use made by the Agent which is contrary to the Agent’s End Use Policy or Terms of Understanding or otherwise.
5. I acknowledge and accept that: (a) TU CIBIL has not made any promises or representations to me in order to induce me to provide the Product Request or seek any consent or authorization in this regard; and (b) the implementation of the Agent’s End Use Policy or Terms of Understanding is solely the responsibility of the Agent.
6. 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" or “Submit” button belowor entering the one-time password received on the mobile number provided by me, I am providing "written instructions" to Agent authorizing Agent 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 Agent to obtain such information solely to confirm my identity and deliver Product to me. Further in all such cases “By checking this box and clicking on the ‘Authorize/ Submit button, I agree to the terms and conditions, acknowledge receipt of TU CIBIL privacy policy and agree to its terms, and confirm my authorization for TU CIBIL to obtain my Consumer Credit Information .
7. I understand that in order to deliver the Product to me, I hereby authorize Agent, to obtain my Consumer Credit Information from TU CIBIL.
8. By submitting this registration form, I understand that I am providing express written instructions for Agent 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 Agent account. I further authorize Agent to retain a copy of my information for use in accordance with Agent’s Terms of Use and Privacy Policy.
9. I UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS AND TU CIBIL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. I shall not sue or otherwise make or present any demand or claim, and I irrevocably, unconditionally and entirely release, waive and forever discharge TU CIBIL, 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 the Product Request and / or my decision to provide TU CIBIL with the authority to deliver the Product to the Agent. I agree to defend, indemnify, and hold harmless the Releasee from and against any and all Losses resulting from claims made against TU CIBIL by third parties arising from and in connection with this letter.
11. 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. TU CIBIL is entitled to assign its rights hereunder to any third person without taking my prior written consent.