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:

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 and 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 (www.cibil.com and www.transunioncibil.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:

·         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 TransUnion CIBIL;

·         Online payment failure;

·         Address proof not provided, invalid (not acceptable as defined by TransUnion CIBIL) or is expired (not currently relevant);

·         ID proof not provided or is invalid (not acceptable as defined by TransUnion 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;

·         Board resolutions/letter of authorisation, authorising an officer of the entity/Person to apply for a CCR is not provided or is invalid (not acceptable as defined by TransUnion CIBIL);

·         ID proof for the authorised signatory (only for an application for CCR) is not provided or is invalid (not acceptable as defined by TransUnion CIBIL);

·         Copies of the bank statement (only for an application for CCR) is not provided or is invalid (not acceptable as defined by TransUnion CIBIL);

·         Any other reasons as defined by TransUnion CIBIL, from time to time.

1. I/We understand that all applications for the Report/s or the Products and Services shall be provided by TransUnion CIBIL only on the submission by me/us of the duly completed request forms, the Company Credit Information Report Request Form, 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 TransUnion CIBIL’s website/s (www.cibil.com and www.transunioncibil.com).

2. I/We agree to undergo KYC requirements as required by TransUnion CIBIL and specified by TransUnion 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 TransUnion 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 with whom  I/We  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. Identity Proof and Address Proof of the Commercial Entity 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 TransUnion CIBIL’s website, such documents shall be required to be posted by me/us to TransUnion CIBIL at the following address (Processing Address): Consumer Relations, TransUnion CIBIL Limited, One Indiabulls Center, 19th Floor, Tower 2A, Senapati Bapat Marg, Elphinstone Road, Mumbai – 400 013.

6. TransUnion 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 TransUnion 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 TransUnion CIBIL irrespective of the fact whether or not the 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 TransUnion 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, TransUnion 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 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.

 

 

The GST (Goods and Services Tax) Financial Report is based on data pertaining to GST Returns filled by Taxpayer (also the Commercial Entity applying for CCR). GST Report consist of structured and carefully designed data from GST Returns, which highlights a business’ sales journey, purchase trend and tax returns.

 

The Commercial entity shall be delivered, the CCR along with the GST Financial Report after the successful GST Authentication process (as mentioned hereunder). TransUnion CIBIL shall deliver CCR and the GST Financial Report for a price as may be stipulated by TransUnion from time-to-time.

 

For the purpose of availing the Product(s)/Service(s), I/We understand:

 

a)    that irrespective subscription plan, the Commercial entity shall be entitled to have access to weekly CCR i.e. the Commercial Entity shall be entitled to refresh the CCR every week and access a fresh CCR. However, the Commercial Entity shall be entitled to obtain only one GST Financial Report each month i.e. a refresh for GST Financial Report shall be available only once each month.

 

b)   that TransUnion CIBIL does not provide GST Financial Report as a standalone Product(s)/Service(s) and the Commercial Entity shall not have an option to purchase GST Financial Report as a standalone Product(s)/Service(s).

c)    that a pre-requisite to availing the GST Financial Report is that the Commercial Entity should have a GSTIN and should be successfully verified, authenticated and validated by the GST Portal.

 

A.   Goods & Services Tax (GST) based authentication and GST Report.

1.   Under the GST based authentication the Commercial Entity shall be authenticated on the basis of Commercial Entity’s GSTIN.

 

2.   TransUnion CIBIL will make Application programming interface (API) calls on GSP registered vendor (GSP) and GSP shall ping the GST Portal with the GSTIN of Commercial Entity. On confirmation by the Commercial Entity, the GST Portal triggers and sends a One Time Password (OTP) on the Commercial Entity’s registered Mobile No./ E-mail id and validates the Commercial Entity.

 

3.   Once the GST Portal triggers, validates and authenticates the Commercial Entity through the OTP, TransUnion CIBIL shall consider it as a successful authentication for the purpose of providing Product(s)/Service(s).

 

4.   For the purpose of GST based authentication, Transunion CIBIL takes no responsibility of triggering and validating OTP of the Commercial Entity.

 

 

5.   GST Financial Report is prepared on the basis of GST Return data received from the GST Portal. The data is carefully structured and delivered to the Commercial Entity in a user friendly readable format.

 

6.   In terms of the same, I/We acknowledge and consent:

 

a.    I authorize Transunion CIBIL to fetch, present and deliver   GSTIN as well as GST Returns data from GST Portal.

b.   I authorize Transunion CIBI Limited to use, process, store, share and transfer my GST Return data with my consent.

c.    To receive GST Financial Report from Transunion CIBIL Limited or its authorized service providers/agents.

d.   /We understand that GST Financial Report is fetched for particular time frame i.e. period which may be determined by TransUnion CIBIL and that I/We have no objection on the same.  

e.   I/We understand that access to GST Financial Report is provided to me as per details mentioned on product selection page and on specifically opting for the same.

f.    having assented to receiving OTP on SMS /Email (s) on the mobile number and email id registered with GST Portal by me/us and such mobile number and email id shall be considered to be my/our registered mobile no and / or email id.

g.    that this service / product feature has been provided to me/ us on account of the subscription product that I/ We have opted for.  I/We shall not raise any dispute and/or legal proceedings against TransUnion CIBIL.

h.   not to hold TransUnion CIBIL responsible / liable for any decision that I/We make with regard to delivering or not delivering the Product(s)/Service(s) and renewing or not renewing the subscription to the Product(s)/Service(s).

 

In KYC Verification Process, the Commercial Entity shall first make payment and then upload the required KYC documents on the TransUnion CIBIL Portal. TransUnion CIBIL shall scrutinize the uploaded documents and if found good will consider it as a successful KYC Authentication. In the event, if there are discrepancy found in the KYC documents, TransUnion CIBIL shall inform the Commercial Entity and follow a the same process for authentication.

 

1. The charges for the CCRCCR or any other Products and Services shall be as stipulated by TransUnion CIBIL from time to time and I/we agree to pay the same. The charges for any Products and Services may be amended by TransUnion 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 TransUnion CIBIL relating to costs that TransUnion CIBIL may incur for the purposes of facilitating me/us 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 TransUnion 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 TransUnion 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 TransUnion CIBIL and provided to me/us. I/We understand that a ‘no-hit’ Report may not provide any information. I/We understand and accept that no payments made by me/us shall be refunded and returned by TransUnion CIBIL for a ‘no-hit’ Report being provided.

5. I/We understand that for the purpose of authentication TransUnion CIBIL shall fetch my GST Return data through GSP from GST portal on the basis of OTP authentication triggered and validated by the GST portal.

 

6. I/We understand that for the purpose of delivering CCR also TransUnion CIBIL shall authenticate us in accordance with foregoing authentication process. In the event, the GST authentication process isn’t feasible, TransUnion CIBIL shall follow the KYC verification process for the purpose of verifying, authenticating and validating the Commercial Entity.

7. I/We understand that unless complete and full payment along with submission of the required documents is made by me/us, TransUnion CIBIL shall not be obliged to process or issue any Report to me/us.

 

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.

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.

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.

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:

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 TransUnion 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 TransUnion 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 TransUnion CIBIL with 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 TransUnion 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 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 and 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.

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:

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 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.

 

A grievance request can be raised by me/us, by visiting TransUnion CIBIL website/s (www.cibil.com and 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 shall not be responsible for any error/inaccuracy and/or discrepancy pertaining to any information/data of the GST Financial Report. I/we shall approach the appropriate authority/forum for the redressing the grievances pertaining to the foregoing.

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.

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 TransUnion CIBIL for any reasons whatsoever or TransUnion CIBIL is unable to provide the same, I/we agree to pay to TransUnion CIBIL, processing charges and TransUnion CIBIL shall refund to me/us such amounts as may be decided by TransUnion CIBIL in its sole discretion from time to time.

2. Only for the following reasons and any other reasons decided by TRANSUNION CIBIL at its sole discretion, TransUnion CIBIL shall refund the payments made by me/us after deducting the relevant processing charges as may be required by TransUnion 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 TransUnion 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).

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 TransUnion CIBIL may think fit. A tracking number shall be also provided on request. TransUnion 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 TransUnion CIBIL or to any address as provided by me/us while satisfying the GST Authentication/ KYC requirements stipulated by TransUnion CIBIL from time to time and this address shall match the address given by me/us to TransUnion 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, TransUnion 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, TransUnion 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 TransUnion 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 TransUnion CIBIL of appropriate and satisfactory Identity Proof and Address Proof and the realisation by TransUnion CIBIL of the full amounts payable by me/us (whichever is later) shall be required to process an Request Form by TransUnion CIBIL.

8.  In case of Subscribed Product, depending on the subscription plan availed by the Commercial Entity , total number of Reports as specified under the plan will be delivered. A Report will be delivered to the Commercial Entity every 3 months, unless otherwise requested by the Commercial Entity for an earlier delivery.  In any case, the number of Reports to be provided under a subscription plan shall not exceed the total limit as stated in the plan.

1. I/We acknowledge, understand and agree that by providing the Report/s and the Products and Services (whether through this Website/s (www.cibil.com and www.transunioncibil.com) or otherwise), TransUnion CIBIL is acting as a facilitator. TransUnion CIBIL, thus, does not warrant that the functions contained in the above mentionedWebsite/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.

2. In no event shall TransUnion 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, TransUnion 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/s, the Report/s and/or Products and Services, 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.

4. I/We agree that I/we shall not hold TransUnion 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 TransUnion CIBIL’s control. I/we 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.

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, TransUnion 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/s is on an “as-is”, “as available” basis and TransUnion 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 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 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.

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 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 and 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 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.