CONSENT TO ACCESS AND UTILIZE YOUR CREDIT INFORMATION RECEIVED FROM EXPERIAN AND OTHER TERMS
Through the above authorisation, you also agree and acknowledge this End User Agreement (‘Agreement’) made between you (‘You’ or ‘Your’) and Truecaller International LLP, an entity incorporated in India which operates the ‘Truecaller’ application in India (‘Truecaller’, ‘We’, ‘Us’ or ‘Our’, which terms shall include its successors and assigns) on the following terms and conditions:
Terms and Conditions:
- You hereby authorize Experian Credit Information Company of India Private Limited (‘Experian’) to provide a copy of Your Credit Information (as envisaged under the Credit Information Companies (Regulation) Act, 2005 (CICRA)) to Truecaller. You also hereby authorise Truecaller to read Your transactional SMSs originating from businesses, review Your calling patterns and precise location. Your authorisation to Truecaller is to use the above for: (i) creation of a credit assessment model or scorecard; and (ii) develop or offer You financial services, (the ‘Purpose’).
- Truecaller shall access Your Credit Information as Your authorized party and Truecaller shall use the Credit Information for the Purpose consisting of and in relation to the services proposed to be availed by You from Truecaller. We shall not aggregate, store, copy, transmit, sell or rent the Credit Information to any other person and the same cannot be copied or reproduced, other than as agreed between Truecaller and Experian and in furtherance of CICRA.
- The Credit Information shared by You or received by Us on Your behalf shall be destroyed, purged, erased within seven (7) Business Days after expiry of a period of 12 months from the date of this Agreement.
- In case You wish for Us to discontinue usage of Your Credit Information and delete it prior to the above mentioned period, You may notify us at the following email id: firstname.lastname@example.org, with the following subject line: ‘Withdrawal of consent to use Credit Information’. You acknowledge that such withdrawal will not affect Our usage of Your information prior to such notification, which shall continue to be valid.
- You authorise Us to contact You via telephone / email in relation to this Agreement.
- You hereby confirm that You are an adult and any information You provide to Us shall be true, accurate, current and complete. You are availing the service under this Agreement only on Your own behalf and not on behalf or in respect of any third party.
- You must comply with all applicable laws when using Our service. You are not permitted to use Our service to obtain any Credit Information under false pretences or in violation of applicable laws.
- Release: You shall not sue or otherwise make or present any demand or claim, and irrevocably, unconditionally and entirely release, waive and forever discharge Truecaller, its parent and affiliates, and each of its and their respective directors, officers, partners, members, employees and its representatives, 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) (collectively ‘Losses’), whatsoever, in law or equity or otherwise, whether known or unknown, which You ever had, now have, or in the future may have against the Releasee with respect to the submission of Your Credit Information and / or Your decision to provide Truecaller with the authority to receive Your Credit Information under this Agreement. You agree to defend, indemnify, and hold harmless the Releasee from and against any and all Losses resulting from claims made against Truecaller by third parties arising from and in connection with this Agreement.
- Limitation of Liability: Truecaller shall not under any circumstances be liable for any special, indirect, incidental, punitive or consequential damages, or for lost business, lost data or lost profits / opportunity etc., arising out of or in connection with Your usage of this service. Further, notwithstanding anything contained otherwise, under no circumstance shall the aggregate maximum liability of Truecaller to You exceed the cost it incurred to procure Your Credit from Experian under this Agreement.
- Governing Law and Jurisdiction: The relationship pursuant to this engagement between You and Truecaller shall be governed by laws of India and all claims or disputes arising from or in relation thereto shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction in New Delhi.
- Truecaller reserves the right to refuse, suspend, limit or terminate service to You under this Agreement, in its sole discretion, at any time and for any reason, including, but not limited to, violation of this Agreement.
- Notwithstanding anything contained otherwise, any provision hereunder that by its nature is intended to survive termination, will survive such termination.