CONSUMER
This document lays out the terms and conditions and rules, as may be amended and supplemented, from time to time, (Terms) which shall be applicable to the provision of: (i) Credit Information Reports (Individual CIRs) and Company Credit Information Report (Company CIRs) (collectively referred to as, Reports) either /or for (a) Free Annual Credit Report and Score (as mandated by the Reserve Bank of India) (b) Subscribed Product ( Unlimited Access within the subscription period) to either an individual, a partnership firm, a company (as defined in section 2 (20) of the Companies Act, 2013 ), a body corporate (as defined under Section 2(11) of the Companies Act, 2013), a co-operative society, a trust, an association of persons whether incorporated or not, and any other entity, and shall include their heirs, representatives, successors and assigns, as permitted and applicable, (Persons) who can apply for the CIRs and/or the Commercial CIRs, under applicable law; (ii) Featured Offers and (iii) any other products and services rendered by TransUnion CIBIL to the Persons (collectively referred to as, Products and Services) by TransUnion TransUnion CIBIL Limited ("TransUnion CIBIL") having its registered office at One World Center, 19th Floor, Tower 2A, Senapati Bapat Marg, Elphinstone Road, Mumbai - 400 013 (Transaction).
The words, "I", "We", "us", "me", "my", "myself", "customer" and "consumer" refer to the Person(s) who request for their respective Reports or receive the Products and Services or pursue the Transaction (as defined hereinabove) or part thereof (Consumer) and shall include both singular and plural. Reference to the masculine gender shall include the feminine and neutral gender or any other legal entity.
I acknowledge and expressly agree with the following terms and conditions:
GENERAL
I/We have read, understood and agree to abide by these Terms including any changes thereto made by TransUnion CIBIL in its sole discretion, from time to time, relating to my Transaction with TransUnion CIBIL, which changes shall be made available on TransUnion CIBIL’s website/s (https://www.cibil.com and https://www.transunioncibil.com). I/We agree that the Terms form a valid contract between myself/ourselves and TransUnion CIBIL, and that TransUnion CIBIL may, at its sole discretion, amend the Products and Services relating to the Transaction and/or the Terms, either wholly or partially, at any time in the manner stated above and without the requirement of any prior notice or consent.
I/We agree that these Terms constitute the entire agreement between myself/ourselves and TransUnion CIBIL with respect to the Transaction and these Terms supersede all prior or contemporaneous communications and proposals, if any, whether electronic, oral, or written, between me/us and TransUnion CIBIL with respect to the Transaction. A printed version of these Terms and of any notice given in electronic form shall be valid and admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as any other documents and records originally generated and maintained in printed form.
I/We agree and understand that that any and all information contained in the Reports and the Products and Services has been collated by TransUnion CIBIL based on the information provided by its various member banks and credit institutions (Members). Consequently, TransUnion CIBIL shall not be responsible for the accuracy, completeness, and veracity of any and all such information as provided. I/We also understand that the information is current and up to date to such extent as provided by the Members and is subject to changes and amendments made thereafter and that any information contained herein does not reflect the views of TransUnion CIBIL or its directors or employees. Also, TransUnion CIBIL shall incur no liability and shall not be required to indemnify me/us for any loss, damages, claims or expenses incurred by me/us for any incorrect reports provided due to incorrect information and/or documents provided by me/us or if for any technical reason, any incorrect report is provided otherwise.
I/We agree that the provision of the Reports and the Products and Services shall be limited to the territory of India.
The information contained in the Reports shall be updated upto such dates which the relevant Members with whom I/we have a relationship with, has provided information to TransUnion CIBIL based upon which updated information TransUnion CIBIL has been able to update the Reports and TransUnion CIBIL shall not be responsible in the event my information is not updated by the Members.
I/We understand and agree that TransUnion CIBIL shall not be required to seek prior permission from me/us for updating information that may be reported to TransUnion CIBIL by the Members or otherwise come to the information of TransUnion CIBIL and TransUnion CIBIL shall not be responsible to verify the correctness of the information received hereby. TransUnion CIBIL shall reproduce the information submitted to it by its Members on “as is” basis.
TransUnion CIBIL shall have the right to terminate provision of the Report/s and/or the Products and Services or any part thereof, at its sole discretion at any time. Further, notwithstanding the Terms contained herein, TransUnion CIBIL reserves the right to reject my Request Form (defined below) made due to any reason whatsoever and shall not be required to specify such reason for rejecting the same.
TransUnion CIBIL reserves the right to initiate legal proceedings including criminal proceedings against the perpetrators of fraud, money laundering or any other form of wrong doing in relation to the Products and Services. I/We have read in full and have completely understood the steps to access Report/s and/or the Products and Services offered on TransUnion CIBIL’s website/s (https://www.cibil.com and https://www.transunioncibil.com).
An ‘insufficiency’ would have taken place, including but not limited to, any of the following reasons:
REQUEST FORMS FOR PRODUCTS AND SERVICES AND PROOF OF IDENTITY AND ADDRESS
Also, due to the provision of wrong or incomplete information provided by me/us in the Request Form, or for online ID Authentication Process, as may be applicable, the Report so generated may belong to a person other than me/us, and may be sent to such person at my/our cost. In such cases, I understand that TransUnion CIBIL shall not be liable to refund any payments made by me/us in this regard and that I/we shall have to furnish a fresh Request Form and submit fresh payment for my/our Credit Information Report.
TERMS AND CONDITIONS OF PAYMENT
PAYMENT MODES
Payment through Credit Cards/Debit Cards:
I/We understand that any payment for the Products and Services through my/our VISA or MASTERCARD or other service provider (as provided by the Payment Gateway Merchant) Credit Card or Debit Card as the case may be, may be made.
Payment through Net Banking:
I/We understand that a payment of the stipulated charges for Reports and/or Products and Services may be made through my/our Net Banking channel.
TERMS OF PAYMENT
Charges for Credit Information Report: I/We agree to pay such amount as stipulated by TransUnion CIBIL for the issue of my Credit Information Report. The charges are inclusive of delivery charges, payment gateway charges (if any) and all applicable taxes.
If the payment is made through Credit Card or Debit Card:
In the event payment is made more than once for the same transaction, I/we understand I/we am /are required to email TransUnion CIBIL at cibilinfo@transunion.com or call TransUnion CIBIL at +9122-61404300 or such other number as TransUnion CIBIL may intimate on its Website/s ( https://www.cibil.com and https://www.transunioncibil.com ) from time to time and inform TransUnion CIBIL of the same. Upon request by TransUnion CIBIL, I/we shall provide the relevant reference number from the issuing bank or financial institution providing net banking services or issuing the Credit Card/Debit Card, as the case may be, in order to reverse such duplicate payment. I/We understand such reversals shall be made to the same account from which payment was made or the same Credit Card/Debit Card from which payment was made, as the case may be, and that TransUnion CIBIL shall make its best endeavours to credit the refund after the expiry of at least 4 (four) working days.
TransUnion CIBIL shall not be liable in any manner whatsoever for any fraud that may be committed on my/our net banking account or my Credit Card/Debit Card, as the case may be, whether due to loss or theft or otherwise.
The technology for enabling the payment by way of net banking services or Credit Card/Debit Card could be affected by virus or other malicious, destructive or corrupting code, programme or macro. This could result in delays in the processing of instructions or failure in the processing of instructions. TransUnion CIBIL shall not be liable, whether direct or indirect, whether arising out of loss or profit or otherwise arising out of any failure or inability by the relevant bank or financial institution to honour any customer instruction for whatsoever reason.
I/We understand that the Net Banking channel is available only if I/we have an online banking account with my/our bank or financial institution from where the said amount will be directly debited from my/our account with my/our instructions online and such facility is available only if I/ we hold an account with the banks as maybe provided by payment getaway merchant and/or TransUnion CIBIL, from time to time.
If the payment is made through net banking facilities:
Featured Offers
Alerts
This feature provides you real-time notifications on specified events / changes on your Report. Your CIBIL Score and Report may change whenever a Member accesses your report or submits new or updated information on the credit facilities you have availed. The new Alerts feature monitors your CIBIL Score and Report and sends you real-time SMS and email notifications that your CIBIL Score and Report has undergone a change. This feature is made available by TransUnion CIBIL free of charge for all its consumers who have opted for a 6-month and 1-year subscription plans.
In terms of the same, I/We acknowledge and consent:
Score Simulator
The Score Simulator is a tool that allows you to simulate different credit behaviors on your existing Report, and generates a simulated CIBIL Score. This feature is designed to help you understand how various credit behaviors can affect your existing CIBIL Score and empower you to take informed decisions. This feature is made available by TransUnion CIBIL free of charge for all its consumers who have opted for all active paid subscription plans (1-month, 6-month and 1-year subscription).
I/We acknowledge and agree that the Score Simulator cannot be used as a prediction tool to guarantee any outcome. This simulator is meant for informational and educational purposes only and it to be used is merely an indicator of a hypothetical score based on the scenarios chosen by me/us. It is only an estimate and does not provide a guaranteed result. I/We shall not hold TransUnion CIBIL liable or responsible for any errors or omissions, including but not limited to technical inaccuracies. Further, I/We shall not hold TransUnion CIBIL liable for the consequences of any decisions or actions taken in reliance upon and / or based on the result of the information / tools provided by this Simulator. Further, I / We shall not hold TransUnion CIBIL Liable and / or responsible for any losses/ claims / damages caused to me/us in any manner whatsoever. TransUnion CIBIL disclaims all such liabilities.
RAISING A GREIVANCE OVER ANY INFORMATION
A grievance request can be raised by me/us, by visiting TransUnion CIBIL website/s ( https://www.cibil.com and https://www.transunioncibil.com ). TransUnion CIBIL will initiate the dispute with the relevant credit institution and notify appropriately.
I/we agree and understand that TransUnion CIBIL may suspend any or all of the services and/or Transaction mentioned herein, including raising of a grievance request as set out above, and upon the happening of the same, TransUnion CIBIL shall not be under any obligation to process the grievance request raised by me from such date of suspension.
REFUNDS AND CHARGE BACK
DELIVERY OF REPORT/S AND OTHER PRODUCTS AND SERVICES
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
MISCELLANEOUS
1. Severability
In the event that any provision of these Terms is declared by any juridical or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either me/us or TransUnion CIBIL from any relevant competent authority, TransUnion CIBIL shall have the right to amend that provision in such reasonable manner as it thinks fit without illegality or it may be severed from this Agreement in such manner as TransUnion CIBIL thinks fit and the remaining provisions of these Terms shall remain in full force and effect unless TransUnion CIBIL decides in its sole discretion to stop the provision of the Report/s and/or Products and Services either wholly or in part.
2. Variation
In furtherance of these Terms and subject to applicable laws, I/we understand that TransUnion CIBIL reserves the right to issue further directions which shall be applicable to me/us from, time to time. Other than as otherwise provided by these Terms, all alterations to these Terms shall be made by TransUnion CIBIL with an intimation on this Website and shall become applicable upon such intimation, and without the requirement of any prior notice or intimation to any Consumer of such variation. I/We agree to accept any such variation made by TransUnion CIBIL in this regard regardless of the mode through which I/we have approached TransUnion CIBIL.
3. Non- Assignment
I/We shall not assign or transfer any of my rights and/or obligations in relation to the transaction contemplated herein under or pursuant to these Terms to any other person.
4. Indemnification
I/We agree to defend, indemnify, and hold harmless TransUnion CIBIL, its officers, directors, employees, agents, licensees, affiliates, advisors, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorney fees) suffered and/or incurred (as the case maybe) by TransUnion CIBIL and/or resulting from: (i) breach by me/us of any these Terms; (ii) claims made against TransUnion CIBIL by third parties including any bank/credit institution arising pursuant to the provision of services with respect to the Transaction and/or any matters incidental thereto.
5. Miscellaneous
I/We hereby confer TransUnion CIBIL with the right to use any data and information provided by me/us vide the Request Forms in any manner including for any purpose stipulated by TransUnion CIBIL, provided that the same shall be valid under applicable law.
I/We hereby consent to TransUnion CIBIL to use my device information of the device (that I may use to login/access TransUnion CIBIL webpages, website, applications, platform, etc.) to identify suspicious and/or high-risk devices used to access any website and mobile applications and detect fraudulent activities. I/We understand that by providing my/our mobile number and email address. I/we have assented to receiving SMS (es)/Email (s) and I/we may be sent SMS (es)/Email (s) to update status of my/our order for Report/s / Products and Services on TransUnion CIBIL’s Website/s ( https://www.cibil.com and https://www.transunioncibil.com ). I/We further understand that by providing my/our said mobile number and email address (es), I/we have also assented to receiving calls and emails from TransUnion CIBIL, their agents etc. regarding any other TransUnion CIBIL services not covered hereunder.
6. Force Majeure
TransUnion CIBIL shall not be liable for any failure to perform any of its obligations under these Terms or provide the Report/s and/or the Products and Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
Force Majeure Event means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government or acts of third party/ies.
7. Governing Law, Jurisdiction And Arbitration
These Terms are governed by and are subject to Indian laws.
In the event of any claim, dispute or difference arising out of or in relation to these Terms, the claim, dispute or difference shall be referred to arbitration to be conducted by a sole arbitrator to be appointed by TransUnion CIBIL who shall be the presiding arbitrator and the decisions and award of the arbitral tribunal shall be final and binding. The arbitration proceedings shall be held in Mumbai and shall be conducted in the English language and be governed by the provisions of Arbitration and Conciliation Act, 1996 and any modification or re-enactment thereof in force at the relevant time. All costs of such arbitration shall be borne by the Consumer.
Subject to what is stated above, any matters which may require the intervention or any determination by a Court, including any appointment of any arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996, whether prior to, or during or after the aforesaid arbitration, shall be subject to the exclusive jurisdiction of the Courts in Mumbai.
COMMERCIAL
This document lays out the terms and conditions and rules, as may be amended and supplemented, from time to time, (Terms) which shall be applicable to the provision of: Company Credit Information Report (CCR) (referred to as, Reports) to either proprietor, a partnership firm, a company (as defined in section 3 of the Companies Act, 1956), a body corporate (as defined under Section 2(7) of the Companies Act, 1956), a co-operative society, a trust, an association of persons whether incorporated or not, and any other entity, and shall include their heirs, representatives, successors and assigns, as permitted and applicable, (Persons) who can apply for the CCR, under applicable law either /or (a) as and when requested (b) Subscribed Product (for Basic, Standard and Premium Subscriptions); and (ii) any other products and services rendered by TransUnion CIBIL to the Persons (collectively referred to as, Products and Services) by TransUnion CIBIL Limited (“TransUnion CIBIL”) having its registered office at One World Center, 19th Floor, Tower 2A, Senapati Bapat Marg, Elphinstone Road, Mumbai – 400 013 (Transaction).
The words, “I”, “We”, “us”, “me”, “my”, “myself”, “customer” and “consumer” refer to the Person(s) who request for their respective Reports or receive the Products and Services or pursue the Transaction (as defined hereinabove) or part thereof (Commercial Entity) and shall include both singular and plural. Reference to the masculine gender shall include the feminine and neutral gender or any other legal entity.
I acknowledge and expressly agree with the following terms and conditions:
GENERAL
I/We ,Proprietor/ Partner/ Director / Trustee / Designated Person of the Commercial Entity seeking the CCR from TransUnion CIBIL am hereby severally authorized to act on behalf of the company to sign and accept these Terms& Conditions, execute requisite documents, agreements, deeds, undertakings, indemnities etc.., on behalf of the Commercial Entity. Further I/ We am/ are authorized to initiate payment instructions for the purchase of the CCR from the TransUnion CIBIL. All acts, deeds and things done by me with TransUnion CIBIL shall be valid and binding on the Commercial Entity.
I/We have read, understood and agree to abide by these Terms including any changes thereto made by TransUnion CIBIL in its sole discretion, from time to time, relating to my Transaction with TransUnion CIBIL, which changes shall be made available on TransUnion CIBIL's website/s (www.cibil.com ). I/We agree [PS1] [GC2] [PS3] that the Terms form a valid contract between myself/ourselves and TransUnion CIBIL, and that TransUnion CIBIL may, at its sole discretion, amend the Products and Services relating to the Transaction and/or the Terms, either wholly or partially, at any time in the manner stated above and without the requirement of any prior notice or consent.
I/We agree that these Terms constitute the entire agreement between myself/ourselves and TransUnion CIBIL with respect to the Transaction and these Terms supersede all prior or contemporaneous communications and proposals, if any, whether electronic, oral, or written, between me/us and TransUnion CIBIL with respect to the Transaction. A printed version of these Terms and of any notice given in electronic form shall be valid and admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as any other documents and records originally generated and maintained in printed form.
I/We agree and understand that that any and all information contained in the Reports and the Products and Services has been collated by TransUnion CIBIL based on the information provided by its various member banks and credit institutions (Members). Consequently, TransUnion CIBIL shall not be responsible for the accuracy, completeness, and veracity of any and all such information as provided. I/We also understand that the information is current and up to date to such extent as provided by the Members and is subject to changes and amendments made thereafter and that any information contained herein does not reflect the views of TransUnion CIBIL or its directors or employees. Also, TransUnion CIBIL shall incur no liability and shall not be required to indemnify me/us for any loss, damages, claims or expenses incurred by me/us for any incorrect reports provided due to incorrect information and/or documents provided by me/us or if for any technical reason, any incorrect report is provided otherwise.I/We agree that the provision of the Reports and the Products and Services shall be limited to the territory of India.
The information contained in the Reports shall be updated upto such dates which the relevant Members with whom I/we have a relationship with, has provided information to TransUnion CIBIL based upon which updated information TransUnion CIBIL has been able to update the Reports and TransUnion CIBIL shall not be responsible in the event my information is not updated by the Members.
I/We understand and agree that TransUnion CIBIL shall not be required to seek prior permission from me/us for updating information that may be reported to TransUnion CIBIL by the Members or otherwise come to the information of TransUnion CIBIL and TransUnion CIBIL shall not be responsible to verify the correctness of the information received hereby. TransUnion CIBIL shall reproduce the information submitted to it by its Members on “as is” basis.
TransUnion CIBIL shall have the right to terminate provision of the Report/s and/or the Products and Services or any part thereof, at its sole discretion at any time. Further, notwithstanding the Terms contained herein, TransUnion CIBIL reserves the right to reject my Request Form (defined below) made due to any reason whatsoever and shall not be required to specify such reason for rejecting the same.
TransUnion CIBIL reserves the right to initiate legal proceedings including criminal proceedings against the perpetrators of fraud, money laundering or any other form of wrong doing in relation to the Products and Services. I/We have read in full and have completely understood the steps to access Report/s and/or the Products and Services offered on TransUnion CIBIL’s website/s (www.cibil.com ).
I/We understand and agree that in the event there are three insufficiencies in the Request Form and/ or the payment mechanism, my/our Request Form (as hereinafter defined) shall be liable to be rejected and I/we shall have to make fresh applications. I/We further understand and agree that until such time, in the event I/we would have made any payments in this regard, the same shall not be refunded to me/ us.
An ‘insufficiency in the Request Form’ would have taken place, including but not limited to, any of the following reasons:
REQUEST FORMS FOR PRODUCTS AND SERVICES AND PROOF OF IDENTITY AND ADDRESS
PROVISION OF PRODUCT(S)/SERVICE(S)
CCR
For the purpose of availing the Product(s)/Service(s), I/We understand:
GST BASED AUTHENTICATION / DOCUMENT VERIFICATION PROCESS
In document Verification Process, the Commercial Entity shall first make payment and then upload the required documents on the TransUnion CIBIL Portal. TransUnion CIBIL shall scrutinize the uploaded documents and if found good will consider it as a successful document verification. In the event, if there are discrepancy found in the documents, TransUnion CIBIL shall inform the Commercial Entity and follow the same process for authentication.
TERMS AND CONDITIONS OF PAYMENT
PAYMENT MODES
Payment through Demand Draft:
I/We understand that for any payment for the Products and Services through a DD (i.e. Demand Draft) for the stipulated charges for the Products and Services in favour of ‘TransUnion CIBIL Limited’ payable at Mumbai has to be sent at the Processing Address as mentioned above.
Payment through Credit Cards/Debit Cards:
I/We understand that any payment for the Products and Services through my/our VISA or MASTERCARD or other service provider (as provided by the Payment Gateway Merchant) Credit Card or Debit Card as the case may be, may be made.
Payment through UPI/Wallets
I/We understand that payment of the stipulated charges for Reports and/or Products and Services may be made through my/our UPI/Wallets channel.
Payment through Net Banking:
I/We understand that a payment of the stipulated charges for Reports and/or Products and Services may be made through my/our Net Banking channel.
TERMS OF PAYMENT
Charges for Company Credit Information Report: I/We agree to pay such amount as stipulated by TransUnion CIBIL for the issue of our Company Credit Information Report. The charges are inclusive of delivery charges, payment gateway charges (if any) and all applicable taxes.
Charges for Products and Services: I/We agree to pay the charges for Products and Services as stipulated by TransUnion CIBIL and understand that such charges for Products and Services are exclusive of delivery charges and applicable taxes & levies, and we agree to pay such additional amounts as may be stipulated by TransUnion CIBIL towards the delivery charges and taxes and levies.
If the payment is made through DD:
If the payment is made through Credit Card or Debit Card:
If the payment is made through UPI/Wallets:
2. Processing of the Request Form shall take place only after TransUnion CIBIL realises the payment through from the UPI/Wallets payment gateway merchant for the full amount. In the event there is any error in the payment of the full amount through this mode, the relevant Request Form shall not be processed.
If the payment is made through Net Banking:
2. Processing of the Request Form shall take place only after TransUnion CIBIL realises the payment through from the Net Banking payment gateway merchant for the full amount. In the event there is any error in the payment of the full amount through this mode, the relevant Request Form shall not be processed.
In the event payment is made more than once for the same transaction, I/we understand I/we am /are required to email TransUnion CIBIL at cibilinfo@transunion.com or call TransUnion CIBIL at +9122-61404300 or such other number as TransUnion CIBIL may intimate on its Website/s (www.cibil.com ) from time to time and inform TransUnion CIBIL of the same. Upon request by TransUnion CIBIL, I/we shall provide the relevant reference number from the issuing bank or financial institution providing net banking services or issuing the Credit Card/Debit Card, as the case may be, in order to reverse such duplicate payment. I/We understand such reversals shall be made to the same account from which payment was made or the same Credit Card/Debit Card from which payment was made, as the case may be, and that TransUnion CIBIL shall make its best endeavours to credit the refund after the expiry of at least 4 (four) working days.
I/We will receive a system generated TransUnion CIBIL Registration number and a Transaction number for each transaction that I/we pursue through this mode with TransUnion CIBIL on this Website, and I/we shall quote such Registration number and a Transaction number for all subsequent queries and clarifications that I/we may seek from TransUnion CIBIL relating to the same transaction.
TransUnion CIBIL shall not be liable in any manner whatsoever for any fraud that may be committed on my/our net banking account or my Credit Card/Debit Card, as the case may be, whether due to loss or theft or otherwise.
The technology for enabling the payment by way of net banking services or Credit Card/Debit Card could be affected by virus or other malicious, destructive or corrupting code, programme or macro. This could result in delays in the processing of instructions or failure in the processing of instructions. TransUnion CIBIL shall not be liable, whether direct or indirect, whether arising out of loss or profit or otherwise arising out of any failure or inability by the relevant bank or financial institution to honour any instruction for whatsoever reason
I/We understand that the Net Banking channel is available only if I/we have an online banking account with my/our bank or financial institution from where the said amount will be directly debited from my/our account with my/our instructions online and such facility is available only if I/ we hold an account with the banks as maybe provided by payment getaway merchant and/or TransUnion CIBIL, from time to time.
If the payment is made through net banking facilities:
RAISING A GREIVANCE OVER ANY INFORMATION
A grievance request can be raised by me/us, by visiting TransUnion CIBIL website/s (www.cibil.com ). TransUnion CIBIL will initiate the dispute with the relevant credit institution and notify appropriately.
I/we agree and understand that TransUnion CIBIL may suspend any or all of the services and/or Transaction mentioned herein, including raising of a grievance request as set out above, and upon the happening of the same, TransUnion CIBIL shall not be under any obligation to process the grievance request raised by me from such date of suspension.
REFUNDS AND CHARGE BACK
DELIVERY OF REPORT/S AND OTHER PRODUCTS AND SERVICES
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
MISCELLANEOUS
In the event that any provision of these Terms is declared by any juridical or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either me/us or TransUnion CIBIL from any relevant competent authority, TransUnion CIBIL shall have the right to amend that provision in such reasonable manner as it thinks fit without illegality or it may be severed from this Agreement in such manner as TransUnion CIBIL thinks fit and the remaining provisions of these Terms shall remain in full force and effect unless TransUnion CIBIL decides in its sole discretion to stop the provision of the Report/s and/or Products and Services either wholly or in part.
In furtherance of these Terms and subject to applicable laws, I/we understand that TransUnion CIBIL reserves the right to issue further directions which shall be applicable to me/us from, time to time. Other than as otherwise provided by these Terms, all alterations to these Terms shall be made by TransUnion CIBIL with an intimation on this Website and shall become applicable upon such intimation, and without the requirement of any prior notice or intimation to any Commercial Entity of such variation. I/We agree to accept any such variation made by TransUnion CIBIL in this regard regardless of the mode through which I/we have approached TransUnion CIBIL.
I/We shall not assign or transfer any of my rights and/or obligations in relation to the transaction contemplated herein under or pursuant to these Terms to any other person
I/We agree to defend, indemnify, and hold harmless TransUnion CIBIL, its officers, directors, employees, agents, licensees, affiliates, advisors, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorney fees) suffered and/or incurred (as the case maybe) by TransUnion CIBIL and/or resulting from: (i) breach by me/us of any these Terms; (ii) claims made against TransUnion CIBIL by third parties including any bank/credit institution arising pursuant to the provision of services with respect to the Transaction and/or any matters incidental thereto.
I/We hereby confer TransUnion CIBIL with the right to use any data and information provided by me/us vide the Request Forms in any manner including for any purpose stipulated by TransUnion CIBIL, provided that the same shall be valid under applicable law.
I/We understand that by providing my/our mobile number and email address. I/we have assented to receiving SMS (es)/Email (s) and I/we may be sent SMS (es)/Email (s) to update status of my/our order for Report/s / Products and Services on TransUnion CIBIL's Website/s (www.cibil.com ). I/We further understand that by providing my/our said mobile number and email address (es), I/we have also assented to receiving calls and emails from TransUnion CIBIL, their agents etc. regarding any other TransUnion CIBIL services not covered hereunder.
TransUnion CIBIL shall not be liable for any failure to perform any of its obligations under these Terms or provide the Report/s and/or the Products and Services or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
Force Majeure Event means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government or acts of third party/ies.
These Terms are governed by and are subject to Indian laws.
In the event of any claim, dispute or difference arising out of or in relation to these Terms, the claim, dispute or difference shall be referred to arbitration to be conducted by a sole arbitrator to be appointed by TransUnion CIBIL who shall be the presiding arbitrator and the decisions and award of the arbitral tribunal shall be final and binding. The arbitration proceedings shall be held in Mumbai and shall be conducted in the English language and be governed by the provisions of Arbitration and Conciliation Act, 1996 and any modification or re-enactment thereof in force at the relevant time. All costs of such arbitration shall be borne by the Commercial Entity .
Subject to what is stated above, any matters which may require the intervention or any determination by a Court, including any appointment of any arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996, whether prior to, or during or after the aforesaid arbitration, shall be subject to the exclusive jurisdiction of the Courts in Mumbai.