User Consent for Delivery of Product

In connection with submission of the application for receiving my credit information offered by TransUnion CIBIL Limited (TU CIBIL) (“Product”) through submission of request form (“Product Request”) through Poonawalla Fincorp Limited and delivery of the Product to the Agent, I hereby acknowledge and agree to the following: 

1. The Agent is my lawfully appointed agent and he / it has agreed to be my agent for the purposes, including, without limitation, to receive the Product from TU CIBIL on my behalf and use it in the manner consistent with the end-use policy of my Agent (“Agent’s End Use Policy”) or the understanding between me and my Agent (“Terms of Understanding”), as the case may be, and the Agent has granted its consent for being appointed for the aforesaid purpose. 

2. I grant my unconditional consent to the Agent to receive the Product from TU CIBIL on my behalf and use it in the manner consistent with the Agent’s End Use Policy or the Terms of Understanding, as the case may be, and the Agent has granted its consent for being appointed for the aforesaid purpose. I hereby represent and acknowledge that: (a) I have carefully read the terms and conditions of the Agent’s End Use Policy and understood the same; or (b) the Terms of Understanding in relation to the use of the Product has been agreed between me and my Agent. 

3.  I hereby expressly grant unconditional consent to, and direct, TU CIBIL to deliver the Product to the Agent on my behalf. 

4. I shall not hold TU CIBIL 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 the

   Product to the Agent; (b) any use, modification or disclosure by the Agent of the contents, in whole or in part, of the Product, whether authorized or not; (c) any breach of confidentiality or privacy in relation to delivery of the Product to the Agent; (d) for any use made by the Agent which is contrary to the Agent’s End Use Policy or Terms of Understanding or otherwise. 

5. I acknowledge and accept that: (a) TU CIBIL has not made any promises or representations to me in order to induce me to provide the Product Request or seek any consent or authorization in this regard; and (b) the implementation of the Agent’s End Use Policy or Terms of Understanding is solely the responsibility of the Agent. 

6. I agree that I may be required to record my consent / provide instructions electronically and in all such cases I understand that by clicking on the "I Accept" button below, I am providing "written instructions" to [Agent] authorizing [Agent] to obtain my Consumer Credit Information from my personal credit profile from TransUnion CIBIL LIMITED, [formerly known as Credit Information Bureau (India) Limited]]. I further authorize [Agent] to obtain such information solely to confirm my identity and deliver Product to me. Further in all such cases “By checking this box and clicking on the ‘Authorize button, I agree to the terms and conditions, acknowledge receipt of TU CIBIL privacy policy and agree to its terms, and confirm my authorization for TU CIBIL to obtain my Consumer Credit Information. 

7. I understand that in order to deliver the Product to me, I hereby authorize [Agent], to obtain my Consumer Credit Information from TU CIBIL. 

8. By submitting this registration form, I understand that I am providing express written instructions for [Agent] to request and receive information about me from third parties, including but not limited to a copy of my consumer credit report and score from consumer reporting agencies, at any time for so long as I have an active [Agent] account. I further authorize [Agent] to retain a copy of my information for use in accordance with [Agent’s] Terms of Use and Privacy Policy. 

9. I UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS AND TU CIBIL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

10. I shall not sue or otherwise make or present any demand or claim, and I irrevocably, unconditionally and entirely release, waive and forever discharge TU CIBIL, its officers, directors, employees, agents, licencees, affiliates, successors and assigns, jointly and individually (hereinafter “Releasee”), from any and all manner of liabilities, claims,

    demands, losses, claims, suits, costs and expenses (including court costs and reasonable attorney fees) (“Losses”), whatsoever, in law or equity, whether known or unknown, which I ever had, now have, or in the future may have against the Releasee with respect to the submission of the Product Request and / or my decision to provide TU CIBIL with the authority to deliver the Product to the Agent. I agree to defend, indemnify, and hold harmless the Releasee from and against any and all Losses resulting from claims made against TU CIBIL by third parties arising from and in connection with this letter. 

11. I agree that the terms of this confirmation letter shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts located in Mumbai in regard to any dispute arising hereof. TU CIBIL is entitled to assign its rights hereunder to any third person without taking my prior written consent. 

Approach Of Gradation of Risk

All “Borrower/s” on the loan facility are hereby informed that the company has the following approach and considers following factors for assessing gradation of risks for each Borrower:

• Profile, financial stability, and market reputation
• Credit history and duration of relationship with the Borrower
• Group strength, overall customer yield, future potential, repayment capacity based on cash flows and other financial commitments
• Interest, default risk in related customer segment
• The security for the loan as represented by the underlying assets
• Loan to value ratio
• Mode of payment
• Tenure of the loan
• Geography (location) of the Borrower
• End use
• RBI guidelines

Other laws or any other factors on a case-by-case basis, as applicable.

Terms & Conditions for Credit Health Report

• “PFL”, “Company” means Poonawalla Fincorp Limited.
• The “Site” means any web site, mobile site, or application of PFL.
• The “Service/s” means in relation to the Credit Health Report any information, documents, assistance, or services we may provide to you through our Site; and
• “I” “me” “my” and “myself” “Consumer/ Customer” mean anyone who visits, accesses, or uses our Site or requests Services from us through our Site.
• “Bureau” shall mean credit information company which is authorized under the Laws of India to provide comprehensive credit information by collecting, collating, and issuing credit information, pertaining to both commercial and consumer borrowers, to a closed user group of members. In relation to provision of the Services mentioned herein; Bureau shall mean “TransUnion CIBIL”.

These Terms and Conditions along with “Terms of Use”, “Privacy policy”, “Legal Disclaimer” and “Terms of Service”, governs the provision of Services and relationship between You and PFL and forms a legally binding agreement for the provisions of Services herein, and any violation of these terms may result in legal liability upon you for such violation. If you do not agree to the Terms mentioned hereto, we request you not to access or use PFL’s credit score and Report Service, or any part thereof. By subscribing to the Services, you expressly agree to the following terms and conditions:

1. I lawfully appoint PFL as my agent for the purposes including but not limiting to receive my credit information from the bureau and to keep a record of the changes in my Credit Information for the purpose of CIBIL Alert, as and when provided by PFL, at the discretion of PFL, to deliver the Services as I have subscribed to from PFL.

2. By accepting these terms and conditions, I am providing “written instruction” to PFL to obtain my credit information from the bureau. I further authorize PFL to share my personal identifiable information with the bureau to confirm my identity and to obtain the credit information on my behalf.

3. I undertake that the information provided by me for availing the credit health report is true, correct, and accurate and shall match with the details provided by me to the banks and other credit institutions I have a relationship with. I understand that PFL shall have all right to reject my request form due to any reason and shall not be required to specify such reasons for rejection. I understand that due to incomplete or incorrect information provided by me, I may receive incorrect reports or Services; PFL shall not be responsible in any manner for the same.

4. I realize that the Credit Health Report is generated basis the information specified in my credit report provided by TransUnion CIBIL Limited (“CIBIL Report”) and the information and analysis provided by PFL. Based on the information derived from my CIBIL Report, the information is being reported to me on “as is” basis and thus, PFL shall not be required to verify the correctness of information received. Therefore, I shall not hold PFL accountable for the accuracy, completeness or fitness for a particular purpose, or non-infringement of any and all such information as provided in the report to me.

5. I realize the information contained in the report is for illustrative and information purposes only and does not constitute professional advice or solicitation and PFL thereby holds no liability. The report may contain certain proprietary information about PFL and is meant only for use for the receiver of the report and I undertake not to circulate the report to any other person/entity. I shall not hold PFL liable or responsible whether financial or otherwise, for the losses or damages caused directly or indirectly, for any action taken by me placing reliance on this report. I shall have sole responsibility for my actions and decisions. I acknowledge that PFL shall have no liability or require to indemnify me for losses, claims, expenses, damage incurred by me for any incorrect report provided due to any technical error, incorrect information provided by me or otherwise.

6. I understand that PFL is only acting as a facilitator for providing a Platform for me to access my credit information and PFL does not warrant that the functions contained in on the Site will be uninterrupted or error free, free of viruses or other harmful components, but shall take commercially reasonable efforts to correct the delays in operation of the Site.

7. I acknowledge receiving notification of personalized offers and/or recommend Products, to be contacted by PFL through various communication channels and contact details provided by me to PFL.

8. I hereby understand that any third-party products/services that are distributed by PFL are governed by third party terms, I shall exercise diligence prior to making an application for availing of any third-party products or services.

9. I agree to pay the charges for the Services as stipulated by PFL from time to time, as applicable. I understand that there may be additional charges for use of payment gateway or bank charges which may be applicable. PFL shall not be liable to refund in case of any cancellation, rejection or in case no credit information report can be generated based on the information provided by me. The charges shall be inclusive of all taxes, fee including payment gateway charges if any.

10. I undertake that the payment instrument used by me belongs to me or I am fully authorized to make use of such instruments to make payments. I understand the payment gateways services for such payment may not belong to PFL and may be provided by third parties. I shall not hold PFL responsible for the error and PFL shall not be obligated to indemnify me for any loss, damage, claim suffered by me due to use of such payment instruments and/or payment gateways.

11. I agree that these terms and conditions may be amended from time to time without any notice, which changes shall be available on the Site. I understand that PFL may at its sole discretion amend and discontinue the Services in part or whole as it deems fit at any time without a requirement of prior notice or consent.

12. Any disputes relating to the credit information can be raised with the respective bureau on their website.

13. DISCLAIMER- PFL holds exclusive proprietary rights of the Credit Health Report. You shall not, however, distribute, modify, transmit, reuse, report, or use the contents of the report for public or commercial purposes, including the text, images, audio, and video, if any, without PFL’s prior written permission. The information and analysis, opinions contained in this report have been compiled based upon the data obtained in good faith from sources believed to be reliable which may vary from time to time and PFL makes no representation or warranty, express or implied that the use thereof will not infringe any intellectual property. Nothing contained in the report is to be construed as a recommendation to use any product or process. The report may contain advice/opinions and statements, recommendations etc., PFL does not represent/endorse the accuracy, reliability of any of the opinions/ statements/ information/ recommendation. Reliance on these statements shall be at the risk of the recipient of the report. It is the responsibility of the recipient of the report to independently verify and evaluate the accuracy, completeness, reliability and usefulness of any opinions, analysis or other information provided in the report. All information, analysis or opinion in the report is being provided under the condition and understanding that the same is not being interpreted or relied on as legal, accounting, tax, financial, investment or other professional advice or solicitation, or as advice on specific facts or matters. The content provided in the report is on “AS IS” basis, and no guarantee, representation, or warranty, express or implied, is made and PFL disclaims all implied or express, warranties including towards its accuracy, completeness, correctness, merchantability, or fitness for a particular purpose or that the report is error-free. PFL is not in any manner answerable, responsible, or liable for any information as is mentioned in this report. This report does not create an offer for loan or a compulsion on PFL or any lender, for provision or sanction of any credit facility(ies) as may be applied for by the recipient. No information or content contained in the report shall constitute any representation or warranty by PFL, or its affiliates regarding the creditworthiness, financial performance or prospects, solvency, or viability of the user or any company or other legal entity or the business carried on by such entity. PFL, its group companies, suppliers, service partners, agents, employees, licensors, consultants, officers and directors accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive, or exemplary loss, damage or expenses, lost revenues or profits, loss of business or loss of data) from your or consumer/customer/ any other person’s use of the Report or inability to use, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with the Credit Health Report, or its contents or associated services, or any Contents or associated services even if the entities are advised of the possibility of such damages, losses or expenses. The actions and decisions taken based on the report will rest solely with the recipient. The Content and the trademarks, service marks, trade names, icons, and logos contained in the report (“Marks”), including without limitation, the terms “PFL” or “Poonawalla Fincorp” and the PFL logos, and all content and images used on this report are proprietary to PFL, and any unauthorized use thereof is prohibited. PFL hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. All disputes and legal matters and issues shall be subject to the jurisdiction only of the Pune Courts in India. All disputes shall be referred to arbitration as provided in the Terms and Conditions.
You can also view your detailed CIBIL score and report at www.cibil.com.

14. For any clarifications, you may reach out to us on customercare@poonawallafincorp.com or 1800-266-3201. Please note that the information in this report, including information regarding timelines, amounts and figures, is indicative only and is subject to change at any given time at the discretion of PFL.