FAPL’S TERMS FOR ACCESS TO CREDIT INFORMATION

Flipkart Advanz Private Limited (“FAPL”) (hereinafter referred to as “we/us/our”, as the context may require) is in the business of inter alia facilitating the offering of financial products and services and other technology-based solutions and services to consumers through partnerships with third parties including financial institutions and merchants that sell products and services to said consumers. In order to better assist its consumers with financial products and services (hereinafter referred to as “you/your”, as the context may require), FAPL has agreed to enable you to access your credit score and credit information report as supplied by its partner Credit Information Company (“CIC”). Accordingly, the below FAPL’s Terms for access to credit information (“Terms”) shall be legally binding on you. So please do read the Terms carefully set out herein below.

These Terms are in addition to and not in derogation with Terms & Condition of FAPL’s Product and the Privacy Policy of FAPL) which are incorporated herein by reference, and shall be deemed to be a part of these Terms and shall also be applicable, should you agree to access/collect/obtain/receive your credit score and credit information report through FAPL (“ Service”).

By acceptance of these Terms, you acknowledge and agree that you have read and understood the Terms set out herein and the Terms of Use and the Privacy Policy of the website. You also understand and agree that these Terms read along with the Terms of Use and Privacy Policy shall have the same force and effect as a signed/executed legally binding contract between you and FAPL and that any violation of these Terms and/ or the General Terms of Use may result in legal liability upon you for such violation.

FAPL reserves the right at any time, at its sole discretion, to change or otherwise modify/ amend the Terms without any prior notice, in which case, your continued access/ use of this Service shall signify your assent/ratification to the updated or modified Terms. Therefore, it is advisable/recommended that you return to this page periodically to review the version of the Terms in force. If you object to the Terms or any subsequent modifications/ amendments to the Terms or decide not to avail the FAPL Products & Services in any way, you can contact us through our Help Centre: https://www.flipkart.com/helpcentre

This document/contract/understanding is an electronic record published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 framed under the Information Technology Act, 2000, and does not require any physical/ digital signatures.

You, in continuation to the aforesaid also specifically agree and accept to be bound by the following:

You accept and agree that by submitting your details and requesting your credit score & credit information report through FAPL, you are providing "your express consent” to FAPL to collect, receive, obtain, and/or fetch on your behalf, a copy of your credit score and credit information report from the CIC as your lawful and duly authorised/ appointed agent for a period of 6 months from the date of consent. You agree to execute such authorization/ consent in such format as may be requested by FAPL/CIC from time to time.

You hereby confirm that the consent/ instruction and/ or approval so provided by you will be valid, effective and binding on you without any further enquiry or due diligence as to the identity of the person purporting to give such consent/ instruction and/or approval. You accept and agree that you shall utilize the Service offered by FAPL for your own personal use alone. Neither shall you impersonate another person nor use any information that belongs to another person and to which you do not have any right to. In case of any dispute pertaining to your use of the Service on behalf of anybody else, impersonation of someone else and/ or using information that belongs to someone else, you alone shall be solely responsible.

You accept and agree to provide your complete and accurate details to FAPL for us to process your request. You understand and agree that the Service provided hereunder these Terms are subject to you providing complete and accurate details about yourself and providing necessary documents, in support thereof, if requested by FAPL.

You accept and agree that in the event the details submitted by you are incomplete or inaccurate, FAPL reserves the right to reject your request for collecting, receiving, obtaining your credit score and credit information report through FAPL. Furthermore, FAPL reserves its right to reject your request for collecting, receiving, obtaining your credit score and credit information report through FAPL even without assigning any reason.

You hereby authorize FAPL to share your personal details including PAN (as provided by you) with CIC to verify your identity and accordingly supply you with your credit score and credit information report through FAPL. In the event, the details submitted by you with FAPL do not match the information existing with CIC for any reason, whatsoever, CIC may reject your request to supply your credit score and credit information report through FAPL. FAPL shall accordingly inform you of such rejection.

You hereby accept and agree that FAPL shall access your credit score and credit information report from CIC as your authorised representative and hold, retain, store, use, analyze, aggregate, your credit score and credit information report for the purposes of assessment of your eligibility for current and future FAPL products & services. You further agree that by accessing your credit information, we may provide you with information regarding tailored/ personalized offers for products and services from our partner banks and financial institutions. You accept and agree to receive such information via online dashboard, push notifications, SMS, e-mail and or on call or through any other means of delivery in FAPL’s sole discretion and the same shall not be regarded as unsolicited commercial communication.

You fully understand and agree that any recommendation/ suggestion made by FAPL is for illustrative and informational purposes only and should not be construed as financial advice. Although FAPL shall make every attempt to ensure that its recommendations/ suggestions are comprehensive, it is not meant to be conclusive and exhaustive. We strongly recommend you to confirm the accuracy and completeness of any information/ recommendation/ suggestion before relying on it.

You hereby accept and agree that the credit information/report provided to you is based on your credit score and credit information report maintained by various CICs. Accordingly, the information provided/ displayed to you is on “As Is” and “As Available” basis. Please note that FAPL does not control your credit score, which is a statistical analysis of information contained in your credit file as maintained in the system and database of CICs, and we cannot change that information for you. Neither does FAPL guarantee the timeliness, accuracy or correctness of any information contained in your credit score and/or credit information report nor shall it accept any liability, whatsoever, for any errors, inaccuracies or omissions in your credit score and/or credit information report or any information provided/ displayed to you, basis your credit score and credit information report. If you believe that any information in your credit information report is inaccurate and is affecting your score, you may dispute the same by directly contacting the CIC through its website.

We agree to protect and keep confidential your credit score and credit information report, both online and offline. We collect, use and disclose information about you as provided in our Privacy Policy. We recommend you to go through our Privacy Policy to understand the same.

In no event shall FAPL be liable to you or any party for any loss/ damages of any kind, including but not limited to direct, indirect, special or consequential damages, whether monetary or other, arising out of the use or inability to use this Service, whether in an action of contract, negligence or other action, even if FAPL may be advised of the possibility of such damages.

You agree to indemnify, defend and hold FAPL harmless including its directors, employees, officers, agents, licensors and suppliers, and any other third party providers of information to this Service, from and against any and all losses, expenses, proceedings, suits, liabilities, fines, penalties, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms or any terms and conditions applicable to this Service.

You hereby accept and agree that FAPL reserves the right to withdraw, discontinue or stop the provision of this Service, at any time, at the sole discretion of FAPL, in which case, your use of this Service shall automatically terminate/ come to end.

FAPL shall not be liable for any failure or delay to perform any of its obligations if such performance is prevented, hindered or delayed, in part or entirely, by any Force Majeure event beyond the reasonable control of FAPL (such as war, sabotage, fire, flood, explosion, earthquake, acts of god, acts of third parties, civil commotion, lock down, strikes or industrial action of any kind, riots, insurgency, acts of government, breach of computer systems, malfunctioning of computer systems/ servers by any malicious code or virus, mechanical or technical errors/failures, power shutdown, failures in telecommunication or internet services etc.). FAPL reserves the right to withdraw/ suspend its Service so long as the Force Majeure event continues.

You hereby accept and agree to comply with all applicable laws including but not limited to CIC Laws when using your credit score and credit information report.

These Terms shall be governed by laws of India and the courts at Bengaluru shall have the exclusive jurisdiction regarding any disputes arising in connection thereof.

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