END USER CONSENT AND DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. The Member and the End User acknowledge, understand and agree that by providing the Credit Information Report (“CIR”), any details thereof and/or any other the Product(s) and Service(s) [collectively referred to as “Service(s)”], whether through this Website/s (www.cibil.com and www.transunioncibil.com) or otherwise, TransUnion CIBIL Limited (“TU CIBIL”) is acting as a facilitator on express and explicit consent from the End User.
2. Member shall mean any Specified User as defined under Credit Information Companies (Regulation) Act, 2005 (“CICRA”), rules and the regulations made thereunder, having enrolled as a Member of TU CIBIL. End User shall mean the borrower in terms of CICRA raising request for his/her own CIR.
3. For the purpose of availing the aforesaid Service(s), the End User expressly hereby grants the following explicit and unconditional consent to TU CIBIL:
END USER CONSENT
To,
TransUnion CIBIL Limited (TU CIBIL)
One World Centre, Tower-2A-2B, 19th Floor,
841 Senapati Bapat Marg,
Lower Parel,
Mumbai – 400 013
Sub: Grant of Consent to share details of Loan Accounts in CIR with the Member of TU CIBIL
Dear Sir/Madam,
a) I understand that TUCL is a credit information company, inter alia, engaged in the business of collecting, processing and collating information on credit and financial standing of the customers of various credit institutions and delivering the collected information after processing the same to entities permitted to receive such information under the Credit Information Companies (Regulation) Act, 2005, read with the rules and regulations made thereunder.
b) For the purpose of availing the Credit Information Report (CIR) and/or other Product(s)/Service(s) [collectively referred to as Service(s)], I hereby grant explicit and unconditional consent to TU CIBIL to share the identified Loan Account details in my CIR with the Member requesting either directly or on my behalf.
c) I also understand, represents and acknowledge that it is on the basis of this consent that TU CIBIL shall be sharing the details of the loan account appearing in my CIR with the Member.
d) I agree that I have or will either directly or through the subject Member, grant/granted explicit and unconditional consent to TU CIBIL by providing the OTP received on my registered mobile number. I further confirm, agree and undertake not to share the OTP with any third party (except the authorized personnel of the Member) for availing the said Service(s) and that TU CIBIL shall not be held liable/responsible in any manner whatsoever in case of any unauthorized access due to my negligence pertaining to sharing of OTP.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
i) TU CIBIL does not warrant that the functions contained in the above mentioned Website/s will be uninterrupted or error free, that defects will be corrected, or that this Website/s or the servers that make it available are free of viruses or other harmful components, but shall take commercially reasonable efforts to correct the delays in operation of the Website/s.
ii) In no event shall TU CIBIL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages.
iii) The Member and the End User acknowledge, understand and agree that, without limiting the above clause ii), TU CIBIL shall not be responsible and disclaims all responsibilities for any claim, liability, or any damage resulting from, arising out of, or in any way related to: (a) the use or the inability to use the Service(s) or this Website; (b) the cost of procurement of substitute services; (c) unauthorized access to or alteration of transmissions or data; (d) any other matter relating to the provision of services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/s, and/or the Service(s), or otherwise, (e) any errors in or omissions from this Website/s, including but not limited to technical inaccuracies and typographical errors, (f) any third party websites or content therein directly or indirectly accessed through links in this Website/s, including but not limited to any errors in or omissions therefrom, (g) the unavailability of this Website/s or any portion thereof, or (h) my use of any equipment or software in connection with this Website/s.
iv) The Member and the End user independently confirm and agree that each of them shall not hold TU CIBIL liable or responsible for non-availability of its Website either due to internet connectivity speeds or errors on my/our computer or during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond TU CIBIL’s control. The Member and the End user understand and agree that any material and/or data downloaded or otherwise obtained through this Website/s is done entirely at my/our own discretion and risk and I/ we will be solely responsible for any damage to my/our computer systems or loss of data that results from the download of such material and/or data.
v) The Member and the End user understand and accept that no information with regards to the CIR or the Service(s) and the Request Form shall be provided by the Member and/or the End User vide telephone or in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof. If any information is provided by the Member and the End user vide telephone or in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof, TU CIBIL shall have no responsibility for any damage or loss to me/us due to such provision of information by the Member and the End user.
vi) This Website/s is 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.
vii) Apart from above, the respective CIRs and the Service(s) shall have their disclaimers. The Member and the End user independently agree, acknowledge and accept the same.