TERMS AND CONDITIONS FOR PROVISION OF SERVICES
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) to either an individual, 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 CIRs and/or the Commercial CIRs, under applicable law; (ii) CIBIL Loan Market Place (defined below) and (iii) any other products and services rendered by CIBIL to the Persons (collectively referred to as, Products and Services) by TransUnion CIBIL Limited (“CIBIL”) having its registered office at Hoechst House, 6th Floor, 193 Backbay Reclamation, Nariman Point, Mumbai – 400 021 (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:
I/We have read, understood and agree to abide by these Terms including any changes thereto made by CIBIL in its sole discretion, from time to time, relating to my Transaction with CIBIL, which changes shall be made available on CIBIL's website (Website). I/We agree that the Terms form a valid contract between myself/ourselves and CIBIL, and that 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 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 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 CIBIL based on the information provided by its various member banks and credit institutions (Members). Consequently, 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 CIBIL or its directors or employees. Also, 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 CIBIL based upon which updated information CIBIL has been able to update the Reports and CIBIL shall not be responsible in the event my information is not updated by the Members.
I/We understand and agree that CIBIL shall not be required to seek prior permission from me/us for updating information that may be reported to CIBIL by the Members or otherwise come to the information of CIBIL and CIBIL shall not be responsible to verify the correctness of the information received hereby. CIBIL shall reproduce the information submitted to it by its Members on “as is” basis.
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, 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.
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 CIBIL’s website.
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:
- Demand Draft (DD) not provided along with the Request Form;
- Incorrect payee name on DD;
- DD is not payable at Mumbai;
- DD amount, as realised, less than the requisite charges for the relevant Products and Services as specified in Clause 3 hereunder;
- Invalidity of DD (should be within 6 months) from the date of receipt by CIBIL;
- Online payment failure;
- Address proof not provided, invalid (not acceptable as defined by CIBIL) or is expired (not currently relevant);
- ID proof not provided or is invalid (not acceptable as defined by CIBIL) or is expired (not currently relevant);
- Address or ID proof does not match with that provided on the Request Form;
- Personal Information not matching on the Reports and/or Request Form and/or the identification documents provided;
- Request for the Individual CIR of a minor;
- Board resolutions/letter of authorisation authorising an officer of the entity/Person to apply for a Commercial CIR is not provided or is invalid (not acceptable as defined by CIBIL);
- ID proof for the authorised signatory (only for an application for Commercial CIR) is not provided or is invalid (not acceptable as defined by CIBIL);
- Copies of the bank statement (only for an application for Commercial CIR) is not provided or is invalid (not acceptable as defined by CIBIL); Any other reasons as defined by CIBIL, from time to time.
- REQUEST FORMS FOR PRODUCTS AND SERVICES AND PROOF OF IDENTITY AND ADDRESS
1. I/We understand that all applications for the Report/s or the Products and Services shall be provided by CIBIL only on the submission by me/us of the duly completed request forms, the Credit Information Report Request Form and the Company Credit Information Report Request Form, as may be applicable, for the Reports and/or the relevant Products and Services, as may be applicable, or through the user form available online (Request Form) which may be obtained or accessed at CIBIL’s website at url: www.cibil.com
2. I/We agree to undergo KYC requirements as required by CIBIL and specified by CIBIL from time to time. 3. Any application made by me/us other than in the prescribed Request Form or which are incomplete in any manner shall not be considered a valid application and will be rejected by CIBIL without providing any reason whatsoever. 4. All details provided by me/us in the Request Form should match the details provided by me/us to any of the Member who I have any type of relationship with or in the event I/we do not have any relationship with any Member, the details that are similar to that as provided in the Address Proof (as defined hereinafter) as mentioned herein. 5. Proof of my/our identity (Identity Proof) and proof of my/our address (Address Proof) shall be required to be submitted by me/us along with the Request Form, and in the event I/we fill the Request Form online on CIBIL’s website, such documents shall be required to be posted by me/us to CIBIL at the following address (Processing Address): Consumer Relations, TransUnion CIBIL Limited, Hoechst House, 6th Floor, 193 Backbay Reclamation, Nariman Point, Mumbai 400 021.
6. CIBIL shall not be responsible if any of the documents relating to my/our Identity Proof or Address Proof are lost in transit prior to receipt of such documents by CIBIL at the abovementioned Processing Address. 7. I/We agree that all documents provided along with the Request Form shall be valid and should not have expired, as applicable. Further, I/we agree that copies of the documents provided shall not be returned by CIBIL irrespective of the fact whether or not the Credit Information Report or any other Products and Services is made available and/ or provided to me/us.
8. All documents relating to the Request Form, Identity Proof and Address Proof must reach CIBIL at its Processing Address within 7 (seven) business days of the date of filing of the Request Form. Payment of appropriate charges and any documents, payments, verification, clarifications and other information should be provided by me/us within a period of 90 (ninety) days from the date of the filing of the Request Form, upon the expiry of which the application shall be considered as incomplete and a fresh Request Form shall have to be provided along with all other necessary documents including payment of requisite fees in relation thereto.
9. I/We understand that if 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, an incorrect Report or such Service as the case may be is received by me/us and in that case, CIBIL shall in no manner be responsible for the same and any subsequent request for a fresh Report or such Service as the case may be shall be treated as a fresh request and application and hence shall be charged accordingly.
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 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.
- REQUEST FORMS FOR PRODUCTS AND SERVICES AND PROOF OF IDENTITY AND ADDRESS
1. The charges for the Individual CIR, Company CIR or any other Products and Services shall be as stipulated by CIBIL from time to time and I/we agree to pay the same. The charges for any Products and Services may be amended by CIBIL from time to time subject to applicable laws.
2. I/We acknowledge and agree that the charges as specified above are the cost of a Report or other Products and Services, as may be applicable and other charges including any delivery charges, payment gateway charges and taxes and other duties which shall be payable by me/us, as applicable and prescribed by CIBIL relating to costs that CIBIL may incur for the purposes of facilitating me/our in the payment mechanism and in getting my/our Report or other Products and Services delivered at my/our validated address.
3. I/We understand that the payment gateway and net-banking channels may not belong to CIBIL and agree to abide by the rules and regulations and terms prescribed by such third party in the process of facilitating my/our payment through the said payment gateway and net-banking channels.
4. A request once made by me/us shall not be cancelled and no charges relating to such order shall be refunded. However, I/we understand that there may be instances when no Report, as may be applicable, is generated because the Credit Information does not exist in CIBIL’s database or the details provided by me/us were not adequate to access the relevant Credit Information. In such cases, a “no-hit” report will be generated by CIBIL and provided to me/us. I/We understand that a ‘no-hit’ Credit Information Report may not provide any information. I/We understand and accept that no payments made by me/us shall be refunded and returned by CIBIL for a ‘no-hit’ Credit Information Report being provided.
5. I/We understand that unless complete and full payment along with submission of the required documents is made by me/us, CIBIL shall not be obliged to process or issue any Credit Information Report to me/us.
- CIBIL Loan Market Place
CIBIL Market Place is an online platform which enables a consumer to view and choose from multiple offers across products and from participating lenders. The offers are customized basis the CIBIL Score, Income and Other Credit parameters. Loan approval is subject to documentation and verification as per lenders credit policy
1. I/We acknowledge and consent to:
- receiving the products and services offered by various Members of CIBIL (Member Services) on the CIBIL Website or a link to Member website provided on CIBIL Website
- submitting my/our data, including contact details, or any other personal details available with you or obtained from us by you and/or credit information (each as construed under the applicable law and common parlance) (my information) to the Member as selected by us on the Website (Selected CI) to enable them to send offers, solicitations or other product brochures to me/us and to contact me/us
- expressly waive any and all rights available to me/us under the Telecom Commercial Communications Customer Preference Regulations, 2010 and any other applicable law in relation to the offers or solicitations made by Selected CI 2. I/We shall not hold CIBIL and/or any of its technical service providers 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 information to the Selected CI; (b) any use, modification or disclosure by the Selected CI of my information, in whole or in part, whether authorized or not; and (c) any breach of confidentiality or privacy in relation to delivery of the my information by the Selected CI. 3. I/We further acknowledge and accept :
- That the implementation of the end use policy of the Selected CI, if any, is solely the responsibility of the Selected CI, and I/we shall not hold CIBIL liable for any use made by the Selected CI which is contrary to the end use policy or otherwise.
- That any credit facility provided or to be provided to me/us pursuant to our activities on this Website by any Member including the Selected CI shall be the sole discretion of such entity as per the credit criteria and other criteria set/selected by such entity. I/We further acknowledge and accept that I/we may or may not be able to receive any credit facility offers from any Member, including the Selected CI since the same is dependent on my/our credit profile, as also the credit criteria and filter criteria set/ selected by a Member, including the Selected CI.
- CIBIL has not made any promises or representations to me/us in order to induce me/us to provide my/our consent or authorization as contemplated herein and that I/we have agreed to the terms herein at my/our own free will.
- All right, title and interest (including all copyrights, trademarks and other intellectual property rights) on and related to the Site is owned by CIBIL and/or its affiliates. In addition, the names, images, pictures, logos and icons identifying CIBIL and its Products and Services are proprietary marks of CIBIL and/or its affiliates. Nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under copyright, trademark or other intellectual property rights.
- 5. I/We shall not sue or otherwise make or present any demand or claim, and I/We irrevocably, unconditionally and entirely release, waive and forever discharge CIBIL, its officers, directors, employees, agents, licensees, affiliates, successors and assigns, jointly and individually (Releasee), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which I/we ever had, now have, or in the future may have against the Releasee with respect to grant of my/our consent in relation to disclosure of my/our information.
- 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 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.
- Payment through Demand Draft:
- TERMS OF PAYMENT
- Charges for Credit Information Report/Company Credit Information Report: I/We agree to pay such amount as stipulated by CIBIL for the issue of my Credit Information Report/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 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 CIBIL towards the delivery charges and taxes and levies.
- If the payment is made through DD:
- 1. The DD should clearly state the name as mentioned above without any spelling mistakes and should be payable at Mumbai.
- 2. Processing of the Request Form shall take place only after CIBIL realises the payment through the DD for the full amount. In the event there is any error of any nature in the DD, the relevant Request Form shall not be processed unless a fresh DD for the requisite amount as stated above is sent to CIBIL at the Processing Address with all other details as required herein. Further, I/we acknowledge and understand that the DD which contains error shall not be returned back to us and will be destroyed by CIBIL with an intimation to me by way of an email/ sms/post.
- If the payment is made through Credit Card or Debit Card:
- 1. I/We represent that the Credit Card or Debit Card used by me/us to make payment herein, is my/us own Credit Card or Debit Card or I/we have full authority and permission to use the same to make payment herein.
- 2. Processing of the Request Form shall take place only after CIBIL realises the payment through from the Credit Card/Debit Card 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 CIBIL at email@example.com or call CIBIL at +9122-61404300 or such other number as CIBIL may intimate on its Website from time to time and inform CIBIL of the same. Upon request by 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 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 CIBIL Registration number and a Transaction number for each transaction that I/we pursue through this mode with 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 CIBIL relating to the same transaction.
- 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. 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 CIBIL, from time to time.
- If the payment is made through net banking facilities:
- 1. I/We shall use only my/our own net-banking account details to transact on this Website or have full authority and permission to use the net-banking account to make payment as required herein.
- 2. Processing of the Request Form shall take place only after 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.
- RAISING A GREIVANCE OVER ANY INFORMATION
- A grievance request can be raised by me/us, by visiting CIBIL website. CIBIL will initiate the dispute with the relevant credit institution and notify appropriately.
- I/we agree and understand that 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, CIBIL shall not be under any obligation to process the grievance request raised by me from such date of suspension.
- REFUNDS AND CHARGE BACK
- 1. In the event a request made by me/us in relation to a Service is not a valid request, or if it is rejected by CIBIL for any reasons whatsoever or CIBIL is unable to provide the same, I/we agree to pay to CIBIL, processing charges and CIBIL shall refund to me/us such amounts as may be decided by CIBIL in its sole discretion from time to time.
- 2. Only for the following reasons and any other reasons decided by CIBIL at its sole discretion, CIBIL shall refund the payments made by me/us after deducting the relevant processing charges as may be required by CIBIL, in its sole discretion, from time to time:
- In case of Transactions through Net Banking/using Debit or Credit Cards and in the event of a fraudulent transaction carried out on my/our bank account/card without my/our authorisation verified by the police;
- In the event of any technical snags between my/our computer and/or CIBIL and/or the issuing bank wherein my/our transaction could not be completed, whereby I/we was/were charged twice for a single transaction (duplicate processing)
- DELIVERY OF REPORT/S AND OTHER PRODUCTS AND SERVICES
- 1. The Report/s shall be dispatched and delivered vide the use of third party service providers such as posts or such other courier service as CIBIL may think fit. A tracking number shall be also provided on request. CIBIL shall not be responsible for any lost mail, theft or any damage caused by during dispatch of such Report.
- 2. The Report shall be dispatched and delivered to an address which is present in the database of CIBIL or to any address as provided by me/us while satisfying the KYC requirements stipulated by CIBIL from time to time and this address shall match the address given by me/us to CIBIL as Address Proof with the necessary documents.
- 3. On any change in my address, I/we shall update my address in the records of the relevant Member/s with whom I/we have my respective relationship account/s, else, CIBIL would not be able to deliver the Report at my/our desired address.
- 4. I/We understand and agree that in case I/we provide email address for delivery of the Report/s and/or Products and Services by opting for delivery through email, CIBIL shall not be responsible for the correctness of the email ID and delivery of the Report/s and/or Products and Services made by CIBIL to such email address (with encryption) shall be complete dispatch of the Report/s and/or Products and Services.
- 5. The Report/s shall be dispatched only once, and in the event I/we am/are unavailable at the time and place of delivery, such Report shall be re-dispatched the second time. However, I/we understand that if I/ we am/are not present at the time and place of the delivery the second time, a new application shall be required to be made by me/us.
- 6. However, such request for re-dispatch shall be entertained only until 60 (sixty) days from the first date of issue of the Report.
- 7. A minimum of 10 (ten) working days from the date of receipt by CIBIL of appropriate and satisfactory Identity Proof and Address Proof and the realisation by CIBIL of the full amounts payable by me/us (whichever is later) shall be required to process an Request Form by CIBIL.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- 1. I/We acknowledge, understand and agree that by providing the Report/s and the Products and Services (whether through this Website or otherwise), CIBIL is acting as a facilitator. CIBIL, thus, does not warrant that the functions contained in this Website will be uninterrupted or error free, that defects will be corrected, or that this Website 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.
- 2. In no event shall CIBIL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages
- 3. I/We acknowledge, understand and agree that, without limiting the above clause 2, 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 Report/s and/or the Products and Services 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 for underlying Transaction; 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, the Report/s and/or Products and Services, or otherwise, (e) any errors in or omissions from this Website, 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, including but not limited to any errors in or omissions therefrom, (g) the unavailability of this Website or any portion thereof, or (h) my use of any equipment or software in connection with this Website.
- 4. I/We agree that I/we shall not hold 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 CIBIL’s control. I/we understand and agree that any material and/or data downloaded or otherwise obtained through this Website 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.
- 5. I/We understand and accept that no information with regards to the Report/s, the Request Form, the Reports or any of the Products and Services shall be provided by me/us 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 me/us vide telephone or in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof, CIBIL shall have no responsibility for any damage or loss to me/us due to such provision of information by me/us.
- 6. This Website is on an “as-is”, “as available” basis and CIBIL expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
- 7. Apart from above, the respective Report/s and/or Products and Services shall have their disclaimers. I agree, acknowledge and accept the same.
- 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 CIBIL from any relevant competent authority, 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 CIBIL thinks fit and the remaining provisions of these Terms shall remain in full force and effect unless 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 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 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 CIBIL in this regard regardless of the mode through which I/we have approached 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 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 CIBIL and/or resulting from: (i) breach by me/us of any these Terms; (ii) claims made against 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 CIBIL with the right to use any data and information provided by us vide the Request Forms in any manner including for any purpose stipulated by CIBIL, provided that the same shall be valid under applicable law.
- I/We understand that by providing my mobile number. I/we have assented to receiving SMS (es) and I/we may be sent SMS (es) to update status of my/our order for Report/s / Products and Services on CIBIL's Website. I/We further understand that by providing my/our said mobile number, I/we have also assented to receiving calls from CIBIL, their agents etc. regarding any other CIBIL services not covered hereunder.
- 6. Force Majeure
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 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.
- 1. Severability