Consent/Authorization in relation to availing Loan Facilitation Services and access to Credit Information through Credit Information Companies

Resilient Digi Services Private Limited (RDSPL) is also engaged in facilitating its merchants/customers/consumers/users in obtaining loans/credit lines (hereinafter referred to “Loan Facilitation Services” and more particularly defined below) from RBI registered Non-Banking Financial Companies (NBFC(s))/Banks (hereinafter referred to as “credit institution” and more particularly defined below) through its various web and/or mobile based digital applications. The Loan Facilitation Services allows you (also referred to as “you”, “your”, “consumer”, “users”) access your Credit Information available and maintained by the government regulated Credit Information Companies and avail the loans/credit facilities from RDSPL’s partner NBFC/Banks. By checking on the box and/or clicking on “Proceed”/“Submit”/“Continue”/“Check Loan Eligibility Now”/“Check Eligibility”, you hereby agree to avail the Loan Facilitation Services offered by RDSPL and/or allow the RDSPL to act as authorized agent to receive your credit information on the terms and conditions set out herein. Further, you also allow RDSPL’s partner NBFC/Banks to receive you credit information. If you do not agree to the terms and conditions set out herein, you should not use and continue further for availing Loan Facilitation Services offered by RDSPL.

  1. Definitions

    1. Credit Information: n relation to a you/consumer/user means any information including but not limited to credit score, amounts and/or nature of loans/cards, outstanding, repayment history/track record, credit behaviour, creditworthiness, credit enquiries etc. generated by the Credit Information Company using their proprietary algorithms and tools

    2. Credit Information Company: shall mean the credit information company set up under the Credit Information Company (Regulation) Act, 2005 namely Experian, Equifax, Trans Union CIBIL, CRIF High Mark and their affiliates and partners with whom RDSPL/the Credit Institution has partnered for providing Loan Facilitation Services

    3. Credit Institution: shall refer RBI registered and regulated Non-Banking Financial Company/Banks having partnership with RDSPL for providing loan/credit facilities to the consumers/users on the RDSPL Platform

    4. Entities: shall mean entity(ies) other than the Credit Institutions with whom RDSPL has partnered (including but not limited to third party for the purposes of verification/evaluation/assessment of various information/details provided by Credit Information Company and/or consumer/user for availing the Loan Facilitation Services.

    5. End Permitted Use: shall mean use of the Credit Information obtained in the capacity of the authorized agent of the consumer/user for providing personalized/targeted Loan Facilitation Services through the RDSPL Platform. The Credit Information may also be used for evaluation/assessment of consumer/user eligibility for providing the Loan Facilitation Services and/or sharing such Credit Information or any analysis based on such Credit Information to the Credit Institution for Loan Facilitation Services.

    6. Loan Facilitation Services: shall refer to the facilitation service provided by RDSPL to the users/consumers on the RDSPL platform enabling them to apply and/or avail various loan products/credit lines (with or without electronic/physical card) from the Credit Institutions.

    7. RDSPL Platform: shall refer to all website (including all associated site links) and/or mobile based application/platform namely “BharatPe”, “BharatPe for Business” and “12% Club” and/or such other website and/or mobile based application/platform, as may be operated by RDSPL from time to time;

  2. Consent/Authorization: By checking on the box and/or clicking on “Proceed”/“Submit”/“Continue”/“Check Loan Eligibility Now”/“Check Eligibility”, you hereby absolute and unequivocal authorization and consent for the following:

    1. You demonstrate your express interest/consent in availing the Loan Facilitation Services made available by RDSPL on RDSPL’s Platform

    2. You authorize and consent in favour of RDSPL to act as an your agent before Credit Information Company (as per the terms contained in Schedule A & B) to request, receive and store Credit Information provided by the Credit Information Company for providing the Loan Facilitation Services and End Permitted Use. The above authorization and consent to act as an agent will continue till such time the Credit Information is required for providing the Loan Facilitation Services and/or End Permitted Use or till such time, you withdraw your consent to store or use such Credit Information or for a limited period of 6 months, whichever, is earlier.

    3. You authorize and consent in favour of RDSPL to share the following with Credit Institution & Entities for the purpose of verification/authentication/retrieval/evaluation/assessment of your application for availing Loan Facilitation Services and/or for End Permitted Use:

      1. Photograph

      2. Permanent Account Number

      3. Aadhar verification details or proof of possession of Aadhar (in accordance with regulatory norms)

      4. Proof of Address and other Know Your Customer documents

      5. Contact Details such as name, email, mobile number etc.

      6. Bank Account Details and/or Income and financial business-related information

      7. Transaction details/information carried out by the you on RDSPL Platform

    4. You authorize and consent that RDSPL and/or the Credit Institution and/or the Entities may contact you on via call/emails/SMS/WhatsApp or any other electronic mode for giving the details/information of the Loan Facilitation Services offered by RDSPL and/or End Permitted Use

  3. Other Obligations, Warranties and Undertakings

    1. You hereby declare that you are resident Indian and that all the particulars and information given during the Loan Facilitation Services for processing your loan application with the Credit Institution are true, correct and complete. You hereby further agree that you have not supressed any material information or knowingly/intentionally submitted any document/information which is not true or correct or is incomplete.

    2. You are 18 years of age or more and of sound mind and competent to enter into a binding contract as per the Indian Contract Act, 1872.

    3. You confirm that you have not been declared insolvent and/or barred by any law from entering into a contract including to avail the Loan Facilitation Services offered by RDSPL through its RDSPL Platform and/or for End Permitted Use.

    4. You hereby confirm that you are availing the Loan Facilitation Services out of your own free will and consent.

    5. You hereby confirm that you shall review and shall satisfy yourself of the terms and conditions at which loan/credit facility is offered (if offered) by the Credit Institution through RDSPL Platform.

    6. You hereby confirm and declare that loan (if granted by Credit Institution) will be not be used for any illegal or forbidden activity/business under the law.

    7. You will abide by terms and conditions of the loan/credit facility entered between you and the Credit Institution.

    8. You understand and agree that RDSPL (including its subsidiaries/affiliates/related parties) and/or Entities may develop analytics/reports/data models etc. from your information, repayment history, transactions over the or through the RDSPL Platform. Any such developments shall be sole proprietary information of RDSPL (including its subsidiaries/affiliates/related parties).

    9. You expressly waive the Do No Call/Do Not Disturb registration with TRAI on your phone/mobile number for contacting you by RDSPL or Credit Institution or Entities for Loan Facilitation Services and/or End Permitted Use.

    10. You expressly and acknowledge that display of any loan/credit facility product over the RDSPL Platform does not constitute any sponsorship or recommendation or opinion or advice or approval of RDSPL against for such loan/credit facility product. You are obligated to review such loan/credit facility product on your and understand their terms and condition before availing any such loan/credit facility product.

    11. You expressly agree and acknowledge that the RDSPL or RDSPL Platform is only acting as facilitator between you and the Credit Institution for Loan Facilitation Services. The final decision to whether approve or reject any loan reside with the respective Credit Institution as per its own underwriting policies and norms. RDSPL will not be liable for liabilities arising for any delay or rejection or approval by Credit Institution.

    12. You understand and acknowledge that RDSPL or the Credit Institution or the Entities does not control the Credit Information provided by the Credit Information Company or verification of KYC and Income/financial documents through Digi locker/UIDAI/NSDL/GST Portal or such other similar website/repositories/portals maintained and operated by third parties. The information/documents are provided to the Credit Institution and/or Entities on “as is where is” basis is" without any express or implied warranty of any kind, including warranties of correctness, completeness, accuracy, merchantability, fitness for a particular purpose, or non-infringement.

    13. You understand and agree that RDSPL may at its sole discretion amend and modify these terms and conditions from time to time and the same shall be applicable.

    14. In addition, by agreeing to be bound by these the terms and conditions contained herein, you also agree and acknowledge that the use of this Loan Facilitation Services and/or End Permitted Use shall also be governed by the Terms & Condition and the Privacy Policy of RDSPL available on the RDSPL Platform and of the Credit Information Companies available on their respective web-sites to which you agree to be bound with.

  4. Indemnification

    1. You agree to indemnity, defend and hold harmless RDSPL (including its subsidiaries/affiliates/related parties), Credit Information Company, Credit Institution and/or Entities and their respective officers, directors, employees, agents, licensors and suppliers, and any third party providers forming part of the Loan Facilitation Service and End Permitted Use, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these terms and conditions contained herein

    2. You hereby agree and acknowledge that in no event shall RDSPL ((including its subsidiaries/affiliates/related parties) is be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages arising out of the use or inability to use the Credit Information, the RDSPL Platform, Loan Facilitation Services, End Permitted Use or arising out of loan facility provided by Credit Institution including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other action, even if RDSPL is advised of the possibility of such damages.

  5. Applicable Law

    1. You must comply with the applicable law while using the Loan Facilitation Services and/or End Permitted Use.

    2. These terms and conditions shall be governed by and understood in accordance with laws of India and Courts in the city of New Delhi will have exclusive jurisdiction in regard to any dispute arising thereof.




Schedule A

CONSUMER CONSENT FOR ACCESSING CONSUMER CREDIT INFORMATION REPORT (CIR)THROUGH CRIF

  1. I hereby appoint Resilient Digi Services Private Limited (RDSPL) (hereinafter referred as “RDSPL”), having its registered office as 3rd Floor, Ramanth House Building, 18 Community Centre, Yusuf Sarai, New Delhi 110049, as my lawful agent to receive my credit report/credit history (“Credit Information”) from Credit Information Companies (“CICs”).

  2. I further authorize the RDSPL and its partner NBFC/Bank to share with CICs, my personal information/details to procure my Credit Information on at any time within the limit of consent validity and use the same to provide me with Loan Facilitation Services offered by RDSPL/ RDSPL’s Platform (“Purpose”)

  3. I understand and acknowledge that the CIC shall not be liable under law or equity, in any manner whatsoever, for providing my Credit Information to the RDSPL and I will not raise any claim or objections against the CIC.

  4. I confirm that this consent is given by my free will and not due to any solicitation by any person/entity.

  5. This consent/authorization shall be valid for (i) a maximum period of 06 (six) months, from the date of giving the same, (ii) satisfying the Purpose or (iii) until I withdraw my consent at any time, by informing the same to the RDSPL, at their registered office address, website, assigned email id or mobile application, whichever is earlier.

  6. I also consent to the CRIF High Mark Credit Score Terms of Use.

  7. In connection with submission of the application for my credit information (“Consumer Credit Information”) offered by CRIF High Mark Credit Information Services Pvt. Ltd (“CIC”) through RDSPL (referred to as the “RDSPL”) and delivery of the Consumer Credit Information to the RDSPL, I hereby acknowledge and agree to the following:

    1. The RDSPL is my lawfully appointed agent and he / it has agreed to be my agent for the purposes, including, without limitation, to receive the Consumer Credit Information from CIC on my behalf and use it in the manner consistent with the Paytm’s Credit Information and Loan Referral T&C’s including End User Permitted Purpose stated therein, and the RDSPL has granted its consent for being appointed for the aforesaid purpose.

    2. I grant my unconditional consent to the RDSPL to receive the Consumer Credit Information from CIC on my behalf and use it in the manner consistent with the Paytm’s Credit Information and Loan Referral T&C’s including End User Permitted Purpose stated therein as the case may be, and the RDSPL 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 Paytm’s Credit Information and Loan Referral T&C’s and understood the same; or (b) the Terms of Understanding in relation to the use of the Consumer Credit Information has been agreed between me and the RDSPL.

    3. I hereby expressly grant unconditional consent to, and direct, CIC to deliver and / or transfer my Consumer Credit Information to the RDSPL on my behalf till the time (a) my account with Paytm is de-activated either by myself or the RDSPL; (b) or, such time my Credit Information Report/Credit Score is required to be retained to satisfy the End User Permitted Purpose; (c) for a limited period of 6 months; or (d) I withdraw my consent to store or use such Credit Information Report/Credit Score, whichever is earlier.

    4. I shall not hold CIC 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 Consumer Credit Information to the RDSPL; (b) any use, modification or disclosure by the RDSPL of the contents, in whole or in part, of my Consumer Credit Information, whether authorized or not; (c) any breach of confidentiality or privacy in relation to delivery of my Consumer Credit Information to the RDSPL ; (d) for any use made by the RDSPL which is contrary to the Loan Facilitation Services.

    5. I acknowledge and accept that: (a) CIC has not made any promises or representations to me in order to induce me to provide my Consumer Credit Information or seek any consent or authorization in this regard; and (b) the implementation of the Loan Facilitation Services is solely the responsibility of the RDSPL.

    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 RDSPL authorizing RDSPL to obtain my Consumer Credit Information from my personal credit profile from Experian. I further authorize RDSPL to obtain such information solely to confirm my identity and display my Consumer Credit Information 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 CIC privacy policy and agree to its terms, and confirm my authorization for RDSPL to obtain my Consumer Credit Information.

    7. I understand that in order to deliver the product to me, I hereby authorize RDSPL, to obtain my Consumer Credit Information from CIC.

    8. By submitting this registration form, I understand that I am providing express written instructions for RDSPL 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. My Credit Information Report and Credit Score can be used, shared or stored by the RDSPL till the time (a) my account with RDSPL is de-activated either by myself or the RDSPL; (b) or, such time my Credit Information Report/Credit Score is required to be retained to satisfy the End User Permitted Purpose; (c) for a limited period of 6 months; or (d) I withdraw my consent to store or use such Credit Information Report/Credit Score, whichever is earlier. In compliance with applicable law, I further authorize RDSPL to retain a copy of my other information for use in accordance with Loan Facilitation Services, Platform Terms & Condition and the Privacy Policy of RDSPL available on the RDSPL website/RDSPL Platform.

    9. I UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS AND CIC 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 CIC, its officers, directors, employees, agents, licensees, 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 my Consumer Credit Information and / or my decision to provide CIC with the authority to deliver my Consumer Credit Information to the RDSPL. I agree to defend, indemnify, and hold harmless the Releasee from and against any and all Losses resulting from claims made against CIC 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 Delhi in regard to any dispute arising hereof. CIC is entitled to assign its rights hereunder to any third person without taking my prior written consent.




Schedule B

CONSENT IN RELATION TO ACCESS TO CREDIT INFORMATION THROUGH EXPERIAN

This End User Agreement (the “Agreement”) is made between you (the “User” or “You”) and Resilient Digi Services Private Limited a private limited company having its registered office at 3rd Floor, Ramanath House Building, 18 Community Centre, Yusuf Sarai, New Delhi – 110049 (“Company”, “Us” or “We”, which term shall include its successors and permitted assigns). The User and the Company shall be collectively referred to as the “Parties” and individually as a “Party”.

You hereby consent to Company being appointed as your authorised representative to receive your Credit Information on an ongoing basis for the services offered by RDSPL and/or availed by You or expiry of 6 months from date the consent is collected; whichever is earlier. You further consent to the partner NBFCs/Bank of the Company to receive your Credit Information on an ongoing basis for the services offered by RDSPL and/or availed by You or expiry of 6 months from date the consent is collected; whichever is earlier. (both the aforementioned points shall collectively be referred to as “Purpose”).

BY EXECUTING THIS AGREEMENT / CONSENT FORM, YOU ARE EXPRESSLY AGREEING TOACCESS THE EXPERIAN CREDITINFORMATION REPORT AND CREDIT SCORE, AGGREGATE SCORES, INFERENCES, REFERENCES AND DETAILS (AS DEFINED BELOW) (TOGETHERREFERRED AS “CREDIT INFORMATION”). YOU HEREBY ALSO IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUCHCREDIT INFORMATION BEING PROVIDED BY EXPERIAN TO YOU AND COMPANY BY USING EXPERIAN TOOLS, ALGORITHMS ANDDEVICESAND YOU HEREBY AGREE, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN..

Terms and Conditions: Information Collection, Use, Confidentiality, No-Disclosure and Data Purging

  1. The Company shall access your Credit Information as your authorized representative and the Company and/or their partner NBFC/Bank shall use the Credit Information for limited End Use Purpose consisting of and in relation to the services proposed to be availed by you from the Company. We shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or rent the Credit Information to any other person and the same cannot be copied or reproduced other than as agreed herein and in furtherance to applicable law including the CICRA

  2. The Parties agree to protect and keep confidential the Credit Information both online and offline.

  3. The Credit Information shared by you, or received on by us on your behalf shall be destroyed, purged, erased promptly upon the completion of the transaction/ End Use Purpose for which the Credit Information report was procured, this period not being longer than 6 months.

  4. Governing Law and Jurisdiction: The relationship between you and the Company shall be governed by laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of Mumbai.

  5. Definitions: Capitalised terms used herein but not defined above shall have the following meanings:

    1. “Business Day” means a day (other than a public holiday) on which banks are open for general business in Mumbai.

    2. “Credit Score” means the score which shall be mentioned on the Credit Information Report which shall be computed by Experian.

    3. “Credit Information Report” means the credit information / scores/ aggregates / variables / inferences or reports which shall be generated by Experian;

    4. “CICRA” shall mean the Credit Information Companies (Regulation) Act, 2005 read with the Credit Information Companies Rules, 2006 and the Credit Information Companies Regulations, 2006, and shall include any other rules and regulations prescribed thereunder

PLEASE READ THE ABOVEMENTIONED TERMS AND CONDITIONS AND CLICK ON “ACCEPT” FOLLOWED BY THE LINK BELOW TOCOMPLETE THE AUTHORISATION PROCESS/ FORSHARING OF YOUR CREDIT INFORMATION BY EXPERIAN WITH COMPANY IN ITSCAPACITY ASYOUR AUTHORISED REPRESENTATIVE