CONSENT IN RELATION TO ACCESS TO CREDIT INFORMATION THROUGH CREDIT INFORMATION COMPANY ("CIC")
(Last updated on : 19/07/2024)
This End User Agreement (the "Agreement") is made between you (the "User" or "You" or "Your") and Gaadi Web Private Limited, a company incorporated under the Companies Act 1956/2013, and to the extent of applicable provisions of Companies Act 2013 having its registered office or the head office at Plot No. C9, First Floor, Main Road Masoodpur, Opposite Vasant Apartment, Vasant Kunj, New Delhi 110 070, India F-130, GF, Street No.7, Pandav Nagar, Delhi – 110 091, India and corporate office at 11th Floor, Tower B, Emaar Digital Greens, Golf Course Extension Road, Sector-61, Gurugram-122 102, Haryana, India (also referred to as "GWPL", including affiliates and subsidiaries as "GWPL", "Us" or "We" or "Our", which term shall include its successors and assigns). The User and GWPL shall be collectively referred to as the "Parties" and individually as a "Party".
You hereby consent to GWPL being appointed as Your authorised representative to receive Your Credit Information from any credit information company within the meaning of the Credit Information Companies (Regulation) Act, 2005 ("CIC") for the purpose of providing access to credit and other allied services, enabling credit decisions, creating innovative solutions, by GWPL and Financial Institution ("End Use Purpose").
"Financial Institution(s)" shall mean and include such bank, financial institution or non- banking financial company wherein the User wishes to file his/her loan application to avail the financial products and services offered by such bank, financial institution or non-banking financial company and/or such bank, financial institution or non-banking financial company with whom GWPL shares Credit Information of the User for the processing of loan application of customer basis his/her consent.
BY EXECUTING THIS AGREEMENT / CONSENT FORM, YOU ARE EXPRESSLY AGREEING TO ACCESS/ALLOW ACCESS OF THE CIC CREDIT INFORMATION REPORT AND CREDIT SCORE, AGGREGATE SCORES, INFERENCES, REFERENCES AND DETAILS (AS DEFINED BELOW)(TOGETHER REFERRED AS "CREDIT INFORMATION").
YOU HEREBY ALSO IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUCH CREDIT INFORMATION BEING PROVIDED BY CIC TO YOU, GWPL AND FINANCIAL INSTITUTION BY USING CIC’S TOOLS, ALGORITHMS AND DEVICES AND YOU HEREBY AGREE, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN.
You further acknowledge that You will not raise any claim or hold liable CIC in relation to Your Credit Information Report and Credit Score provided or to be provided by CIC.
Terms and Conditions:
Information Collection, Use, Confidentiality, No-Disclosure and Data Purging
GWPL and Financial Institution shall access Your Credit Information as Your authorized representative and GWPL and Financial Institution 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 GWPL and Financial Institution. 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 will be stored by Us for a maximum period of 6 (six) months from the date it was first given and where purpose of consent collection is clarified and obtained from You; or such time the Credit Information is required to be retained to satisfy the purpose for which it was intended or until withdrawal of Your consent to store such Credit Information whichever is earlier. However, If the End Use Purpose for which such Credit Information so obtained by Us is not fulfilled, then You would provide a fresh consent every 6 (six) months from for retaining Credit Information beyond a period of 6 (six) months as stated above.
The Credit Information and personally identifiable information contained in Credit Information shared by You, or received by Us on Your behalf shall be destroyed, purged, erased promptly within 1 (one) Business Days of the completion of the transaction/ End Use Purpose for which the Credit Information report was procured. The same will also be destroyed, purged and erased by Us from Our records within 90 (ninety) Business Days from receipt of a request in this regard from User at support.ucl@girnarsoft.com.
Governing Law and Jurisdiction
The relationship between You and GWPL 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 New Delhi, India.
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 New Delhi, India.
"Credit Information Report" means the credit information / scores/ aggregates / variables / inferences or reports which shall be generated by CIC.
"Credit Score" means the score which shall be mentioned on the Credit Information Report which shall be computed by CIC.
"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.
PLEASE READ THE ABOVEMENTIONED TERMS AND CONDITIONS AND CLICK ON "ACCEPT" FOLLOWED BY THE LINK BELOW TO COMPLETE THE AUTHORISATION PROCESS FOR SHARING OF YOUR CREDIT INFORMATION BY CIC WITH GWPL AND FINANCIAL INSTITUTION IN ITS CAPACITY AS YOUR AUTHORISED REPRESENTATIVE. BY CLICKING "ACCEPT" YOU AGREE AND ACCEPT THE DISCLAIMERS AND TERMS AND CONDITIONS SET OUT HEREIN.
YOUR EXPRESS CONSENT IN RELATION TO GWPL’s USE OF STATISTICAL DATA, NON IDENTIFIABLE CREDIT INFORMATION AND OTHER DETAILS OBTAINED THROUGH CIC.
You hereby give Your express consent to GWPL and Financial Institution to use statistical data, non-identifiable credit information and other details to facilitate various programme or initiatives launched by GWPL and/or its affiliates, from time to time. GWPL may use non-personal and/or non-identifiable information for the purposes including but not limited to administer the website, analyze trends, gather demographic information, carry out data or internal and proprietary analysis, conducting research and studies etc. This information will be used to improve the site, its content and performance. These statistics contain no information that can distinctly identify You.
Your acceptance authorizing GWPL and Financial Institution to receive your Credit Information from CIC will imply your acceptance to this express consent in favour of GWPL and Financial Institution to use statistical data, non-person information, non-identifiable credit information.
By agreeing to the terms of this Agreement, You also acknowledge that You shall not raise any claim or hold liable CIC in relation to Your Credit Information Report and Credit Score provided or to be provided by CIC.
By accepting the terms of this Agreement, You agree that You have read the terms and conditions, pertaining to product/service of GWPL being purchased/availed by You, published on the respective website to which such product/service relates and You hereby also accept and agree to additional terms and conditions specified in appended Schedule.
Schedule for terms and conditions
In connection with submission of the application for User’s ("I" or "me" or "my") credit information ("Consumer Credit Information") offered by CIC through GWPL (referred to as the "Company") and delivery of the Consumer Credit Information to the Company and Financial Institution, I hereby acknowledge and agree to the following:
- A.
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 CIC on my behalf and use it in the manner consistent with the understanding entered into between the Company and CIC, and the Company has granted its consent for being appointed for the aforesaid purpose.
- B.
I grant my unconditional consent to the Company to receive the Consumer Credit Information from CIC on my behalf and use it in the manner consistent with the Agreement entered into between the Company and CIC, as the case may be, 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 has been agreed between me and the Company.
- C.
I hereby expressly grant unconditional consent to, and direct, CIC to deliver and / or transfer my Consumer Credit Information to the Company and Financial Institution on my behalf.
- D.
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, 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 CIC.
- E.
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 and CIC.
- F.
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 CIC. I also agree that such instructions may otherwise be in writing. I further authorize Company to obtain such information solely to use it in the manner consistent with understanding between me and Company. Further in all such cases by checking this box and clicking on the Authorize button or by endorsing these presents otherwise in writing, 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.
- G.
I understand that in order to deliver the product to me, I hereby authorize Company, to obtain my Consumer Credit Information from CIC.
- H.
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’s terms of use and Privacy Policy.
- I.
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.
- J.
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 L by third parties arising from and in connection with this letter.
- K.
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 New Delhi in regard to any dispute arising hereof. CIC is entitled to assign its rights hereunder to any third person without taking my prior written consent.
- L.
The Credit Information will be stored by GWPL for a maximum period of 6 (six) months from the date it was first given and where purpose of consent collection is clarified and obtained from You; or such time the Credit Information is required to be retained to satisfy the purpose for which it was intended or until withdrawal of Your consent to store such Credit Information whichever is earlier. However, If the End Use Purpose for which such Credit Information so obtained by GWPL is not fulfilled, then You may provide a fresh consent every 6 (six) months from for retaining Credit Information beyond a period of 6 (six) months as stated above.
- M.
I understand and acknowledge that the CIC shall not be liable under law or equity, in any manner whatsoever, for providing my Credit Information to the Company and I will not raise any claim or objections against the CIC.
- N.
I confirm that this consent is given by my free will and not due to any solicitation by any person/entity.