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Terms and Conditions


LOANS ON TRUECALLER TERMS OF SERVICE
  
“We”, “our” and “us” refer to Truecaller International LLP, a limited liability partnership incorporated under the laws of Republic of India and operating the Application (defined below) in your region (“TC”). “You” and “Your” refer to the User (defined below). By using the TC Credit Facilitation Services (defined below), the User agrees that the User has read and understood, and, agrees to be bound by these Loans on Truecaller Terms of Service (“Terms”), the Truecaller Terms of Service, the Truecaller Privacy PolicyTruecaller pay Terms and Conditions, Truecaller Pay Privacy Policy and any applicable Partner and/or Lender (defined below) terms and conditions (together, the “Agreement”). If there is any conflict between these Terms and any other applicable terms, these Terms shall prevail.  

You may not use the TC Credit Facilitation Services if You do not accept the terms of the Agreement. If You do not agree to be bound by these Terms, You should not use the TC Credit Facilitation Services. It is strongly recommended for You to return to this page periodically and review the most current version of the Terms in force. TC reserves the right, in its sole discretion, to change, amend or otherwise modify the Terms at any time, without prior notice, and Your continued access or use of the Application and TC Credit Facilitation Services affirms Your consent of the updated, amended or modified Terms from time to time. If You object to these Terms or any subsequent amendment or modification of these Terms in any way, Your only recourse is to immediately terminate use of the Application and TC Credit Facilitation Services. We may require You to agree to additional terms (if any) between You and TC in connection with specific services that You may avail from us from time to time.

 

DEFINITIONS


  • “Agreement” shall have the meaning as assigned to such term in the foregoing paragraph;
  • “Credit” means the unsecured line of credit proposed / disbursed by the Lender to the User applied for through the Application; 
  • “Lender” means a financial institution such as a licensed bank, non-banking financial company or any other financial institution or entity who offers Credit to Users through the Application, based on the User's credit worthiness and / or its agreement with the Partner; 
  • “Application”  means the ‘Truecaller’ mobile application which is offered by TC to run on various mobile operating systems, including the web interface available through the uniform resource locator (URL): https://www.truecaller.com, and which may be utilised for, inter alia, providing the TC Credit Facilitation Services; 
  • “Partner” means a third party service provider who facilitates the procurement of Credit for the User from the Lender or assists in determining the credit worthiness of the User or offers any other Credit related services; 
  • “Truecaller Privacy Policy” means TC’s Privacy Policy as updated from time to time and available on:  https://www.truecaller.com/privacy-policy
  • “Truecaller Terms of Service” means TC’s Terms of Service as updated from time to time and available on:  https://www.truecaller.com/terms-of-service; 
  • “TC Credit Facilitation Services” means provisioning of certain credit facilitation services through the Application to facilitate and connect various Partner(s) and/or Lender(s) to the User, and includes any related services in relation to Credit; 
  • “User” means a user of the Application; 
  • “User Verification” means the process followed by the Partner and/or the Lender to ensure eligibility / authenticity of the User to avail Credit.

REGISTRATION AND USAGE OF APPLICATION


1. Users can use their Application account to access the TC Credit Facilitation Services.

2. You hereby confirm that You are an adult resident Indian national and any information You provide shall be true, accurate, current and complete. You are availing the TC Credit Facilitation Services under this Agreement only on Your own behalf and not on behalf or in respect of any third party. You authorise us to contact You via telephone, email or other medium in relation to the Agreement.

3. You acknowledge and agree to the usage and access by TC, the Partner(s) and/or the Lender(s) of certain information like Your credit information, precise location, content of Your transactional SMSs, installed applications or device information or such other relevant information to enable evaluation of Your application for Credit or facilitate offers relating to other financial services from the Partner/Lender. Subject to Your explicit consent before availing the TC Credit Facilitation Services on the Application, You also understand and specifically consent that TC, Partner and/or Lender may periodically monitor Your precise location during the entire term of the Credit granted to You by the Partner/Lender. Further, you acknowledge and agree that the information You provide pursuant to using the TC Credit Facilitation Services may also be utilised by Us for generally improving the Application. 

4. In addition to other clauses in the Agreement and Your explicit consent before availing the TC Credit Facilitation Services on the Application, You agree and specifically consent that We may collect, process, store, transfer, transmit or otherwise use such of Your information we obtain pursuant to Your consent for TC Loan Facilitation Services for a period not exceeding twelve (12) months from the latter of: (i) the date of Your consent; or (ii) if you avail a Credit, the date of Your successful complete repayment of the Credit.

5. You will also be required to submit certain information / document(s) stipulated as per Partner and/or Lender policies as applicable from time to time, for User Verification. For obtaining Credit through the Partner(s) and/or from Lender(s), the User will be required to upload through the Application, information / document(s) such as PAN number, Aadhaar Card / Number, passport/ driver license, bank statement, government issued id proof or such other documents as may be required to apply for Credit. You hereby expressly authorise TC to collect, store, process, transfer, transmit or otherwise use Your information (including any document You may provide), for the purposes of providing You with TC Credit Facilitation Services. Further details of the information that We collect and the manner in which We use such information is detailed in the Truecaller Privacy Policy, which along with Truecaller Terms of Service forms part of these Terms and shall stand incorporated herein by reference. If these Terms are not acceptable to you, please do not provide any of Your information to TC. However, in such event, We may not be able to provide You with TC Credit Facilitation Services or some parts of it, as may be applicable.

6. In the event the information / documents submitted for availing the TC Credit Facilitation Services, are incomplete, incorrect, inaccurate or discrepant, the Partner and/or Lender shall have the right to reject Your request for availing Credit. In any event, Your application for Credit shall be considered and determined by the Partner and/or Lender in their sole discretion.

7. You must comply with all applicable laws when using TC Credit Facilitation Services. You are not permitted to use TC Credit Facilitation Services to obtain Credit under false pretences or in violation of applicable laws.

8. TC reserves the absolute sole discretion to refuse, suspend, limit or terminate TC Credit Facilitation Services to You or to accept or reject Your request towards availing TC Credit Facilitation Services, at any time, without assigning any reason whatsoever, if it suspects or becomes aware about any contravention of the Agreement.

 

SCOPE OF SERVICES AND LIMITATIONS 

 

9. The TC Credit Facilitation Services provided by TC are available and valid only for use in India. The TC Credit Facilitation Services offered by TC through the Application is merely a technology platform to facilitate and enable Users and the Partner and/or Lender to interact with one another for their transactions and for applying / availing the Credit facilitated herein.  

10. You acknowledge and agree that Your application for Credit is solely determined by the Partner and/or Lender and that TC does not in any way makes such determination. Further, the terms on which any Credit is disbursed to you, shall be governed by the loan agreement(s) agreed between You and the Partner and/or Lender. TC shall not be a party to any such loan agreement(s). You further acknowledge and agree that the offer(s) made to You through TC Credit Facilitation Services is dependent on variety of factors including for e.g. Your location, Your repayment capability, Your reason to seek Credit, Our commercial arrangement with the Partner and/or Lender or Partner/Lender underwriting standards.

11. The Credit that is provided through the Application is solely between the Lender and the User. The TC Credit Facilitation Services neither provides any line of credit to Users nor does it provide any assurance of credit to the Users. The Credit facilitated through TC Credit Facilitation Services is offered to the User by the Partner and / or Lender, and the User may be connected to the Lender through a Partner. 

12. You may be required to accept and agree to be bound by Partner and/or Lender terms for applying / availing the Credit. These Partner and/or Lender terms are in addition to, and not in derogation of these Terms and the Agreement. The Partner and / or the Lender reserves the right to change or otherwise modify its respective terms from time to time. For Your convenience, the current list of Partner(s)/Lender(s) who are offering their services through the TC Credit Facilitation Services and their respective terms are provided below: 

 
 

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13. Any data that You submit to the Partner and/or Lender other than the data collected by TC through the Application shall be governed by the Partner's and/or Lender’s privacy policies. TC has no control over the conduct of the Partner and/or the Lender and their use of data and disclaims any and all liability in this regard to the maximum extent permitted by applicable law.

14. TC is not a party to and shall not be responsible or liable for any dispute(s) arising amongst You, the Partner and/or Lender in relation to Your application for Credit or when You avail Credit.

15. The Partner(s) and/or the Lender(s) reserve the right to reject a request for Credit for any reason whatsoever.

16. The Lender / Partner may require the User to enter into separate agreement(s) with the Lender / Partner, in order to avail the Credit, in a form and manner as may be required by the Lender / Partner. The provision of Credit to the User by the Lender is subject to such agreement(s) and the terms and conditions contained therein. The approval and rejection of requests for Credit from the User are subject to the final discretion of the Lender / Partner.

 

INDEMNIFICATION

 

17. Per the provisions of the Terms herein, You agree to indemnify, defend and hold harmless TC, its affiliates, the Partner(s), Lender(s), and each of its and their respective directors, officers, partners, members, agents, representatives, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorney's fees, incurred by the Indemnified Parties arising out of, related to, or which may arise from:


(a) Your use of the TC Credit Facilitation Services;

(b) any breach or non-compliance by You of any term of the Agreement including the Partner and/or Lender terms;

(c) any dispute or litigation caused by Your action or omission; or

(d) Your negligence or violation or alleged violation of any applicable law or right of a third party.

 

18. Limitation of Liability:  TC 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 the TC Credit Facilitation Services.  Further, notwithstanding anything contained otherwise, under no circumstance shall the aggregate maximum liability of TC to You exceed Indian Rupees One Hundred only.

19. Governing Law and Jurisdiction:  These Terms shall be governed and construed in accordance with the laws of India. You hereby agree that any legal action or proceedings may be brought exclusively in the competent courts/tribunals having jurisdiction in New Delhi, India and both TC and You irrevocably submit to the jurisdiction of such courts/tribunals.

20. If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will be liberally construed in order to effectuate the purpose and intent of this Agreement, and the invalidity or unenforceability of any provision of this Agreement in any jurisdiction will not affect the validity or enforceability of any such provision in any other jurisdiction.

21. Notwithstanding anything contained otherwise, any provision hereunder that by its nature is intended to survive termination, will survive such termination.

 

GRIEVANCES

 

22. If You have any other concerns or grievances with respect to any of the content/information/data in relation to the TC Credit Facilitation Services, please send an e-mail to our Grievance Officer at: loan.grievances@truecaller.com or by registered post to: Grievance Officer, Truecaller International LLP, 1st floor, Platina Tower, MG Road, Near Sikanderpur Metro Station, Sector-28, Gurugram - 122001, India and We will study the matter and take such action as We deem appropriate under the circumstances.

R
Rohit is the author of this solution article.

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