Terms & Conditions
THESE TERMS AND CONDITIONS (“TERMS”) GOVERN THE ACCESS TO AND USE OF THIS WEBSITE (as described below) (hereinafter also referred to as “PLATFORM”) AND THE SERVICES OBTAINED THEREOF. ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
IF YOU DO NOT AGREE WITH THESE “TERMS” PLEASE DO NOT USE THE WEBSITE. BY VISITING OR ACCESSING THE WEBSITE, YOU UNCONDITIONALLY ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE “TERMS”, READ WITH THE PRIVACY POLICY AND / OR ANY OTHER APPLICABLE POLICY GOVERNING THE USE OF THE WEBSITE OR CONDUCT OF TRANSACTIONS ON THE WEBSITE.
RECITAL
The Terms hereby constitutes a binding and enforceable legal contract between CRIF CONNECT PVT LTD, a company incorporated under the Companies Act, 2013, having its registered office at Unit 601, 6th Floor, Axis Centra Building, Off PAN Card Club Road, Baner, Pune, India duly registered by Reserve Bank of India (RBI) as NBFC- Account Aggregator (hereinafter also referred to as “Company” or “CRIF”) and any end-user of the Services (“You”).
This Website (www.crifconnect.in) is owned, operated and maintained by the Company
The terms “We” / “Us” / “Our” used in these “Terms” refer to Company and the terms “You”/ “Your”/ “Yourself” in these “Terms” refers to the users of the Website (“Users”).
This “Terms” document constitutes an “electronic contract” between Company and the User of the Website under the laws applicable to the User and other Applicable Laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Definitions:
- "Account Aggregation Services" refers to the services provided by us following AA Master Directions which enables the following:
Retrieving, viewing, consolidating, organizing, and sharing Financial Information that is available with Financial Information Providers; and
Presenting your Financial Information collected from the Financial Information Provider to Financial Information Users.
- “Applicable Law” refers to the each of the publishments- namely conventions, treaties, common law, statutes, codes, regulations, rules, judgments, orders, ordinances, and mandates , circulars, orders, or other instructions (having force of law) of any government, legal or judicial authority in the territory of the User to the extent it is applicable to the provisions under these Terms of Use in which the term Applicable Law appears including any other applicable laws
- "End-User / Customer/ User" shall mean the individual User accessing our portal/web application / mobile app via which he interacts/engages in our platform and has consented to these terms and conditions
- "Financial Information" shall have the same meaning ascribed to it in the AA Master Directions;
- "Financial Information Provider/FIP" shall mean a bank, banking company, non-banking financial company, asset management company, depository, depository participant, insurance company, insurance repository, pension fund, or such other entity as may be identified as a "financial information provider" in the AA Master Directions;
- "Financial Information User/FIU" shall mean an entity registered with and regulated by any Financial Sector Regulator, or such other entity as may be identified as a "financial information user" in the AA Master Directions;
- "Financial Sector Regulator" shall have the same meaning ascribed to it in the AA Master Directions;
- "Master Directions" shall mean the Master Direction - Non-Banking Financial Company - Account Aggregator (Reserve Bank) Directions, 2016 as amended, revised or updated from time to time
- “Service(s)’ shall mean any or all the service offered, provided and endeavoured to be provided by the Company to the User
- “Website” shall mean and include the URL www.crifconnect.in and mobile application which is CRIF Connect Account Aggregator or CRIF Connect AA as the case may be, including any other platform/software/application through which the User (a) accesses the Website, or (b) avails online services from Company
- Grievance Policy shall mean the customer grievance policy of CRIF as updated on the Website
- When You use any specific Service provided by Us through the Website, You will be subject to the terms and conditions applicable to the Service, and they shall be deemed to have been incorporated into these Terms by reference, and shall be considered to be part and parcel of these Terms.
- We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. It is Your responsibility to review these Terms periodically for updates/changes. For certain changes, We may be required under Applicable Law to give You advance notice of any change(s) to the Terms. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
About CRIF CONNECT- Account Aggregator services
- Subject to the relevant approvals from RBI under the Master Directions, Company hereby agrees to provide Account Aggregator Services to the User through the Webiste. Company, at its sole discretion, shall add /delete the services offered to the User through the Website
- The provision of any or all the Services is subject to following conditions:
- Applicable Laws for the Company in each territory.
- Sole discretion of Company the Website.
- You declare that You are authorized and eligible to avail the Account Aggregator services from Company authorizing his / her FIP to furnish the account information as per the Your direction.
- You acknowledge that the Terms with their respective mobile phone/device network provider will continue to apply when using the Website. As a result, the User may be charged by the mobile phone/device network provider for access to network connection services for the duration of the connection while accessing the Website or any such third-party charges as may arise. You accept responsibility for any such charges that arise and Company will not be responsible for such charges.
- You accept that transaction instructions entered on non-business days will be initiated for processing on the following business day and Company shall not be liable for any loss the User may suffer due to delay by FIU or FIP in any manner
- You accept that the information provided to the FIU’s through the Website may not be updated on a real-time basis. Company shall not be liable for any loss that the User may suffer by relying on or acting on such information.
- You accept that the Service is reliant on the connectivity through internet which is subject to disruption due to various factors beyond control of the Company and the Company shall not be liable in case on any connectivity issues including FIP & FIU System response issues
- You accept that the use of the Website shall be subject to the terms and conditions of any applicable agreements between Company and its Service Providers.
- You hereby authorize and appoint Company as your agent with power to access your financial information, sensitive personal information, etc. from Financial Information Providers to provide Account Aggregator services to you.
- All data and other information retrieved by Company from third-party sites are for informational purpose only and not for any trading or transactional purposes. In case you wish to carry out any transaction, you will be directed to the website of the respective Financial Information Provider or another third-party website for carrying out such transaction.
- You accept that the user interface including depiction of your profile and the aggregated view on Website is only for your representation and easy view. In any manner the Company does not warrant it to be accurate calculation and/or advise or suggestions or benchmarks, ratings of any kind for any financial products or services provider
All data and other information provided by the Company as part of the Service including Account Aggregator services is on an “as is” and “as available” basis, as obtained from the FIP, and Company does not assume any responsibility or provide any warranty with respect to accuracy, suitability, or correctness of information shared under the Service. The Company shall not be responsible for any errors or delays in the data or information provided to Users as part of its Services or for any actions taken by Users in reliance thereon.
Consent Architecture
For providing information regarding financial assets of a User, Company shall obtain the consent of the User through a standardized consent artefact as regulated under Master Directions which may contain some or all of the following details:
- Identity of the User and optional contact information;
- The nature of the financial information requested;
- Purpose of collecting such information;
- the identity of the recipients of the information, if any;
- URL or other address to which notification needs to be sent every time the consent artefact is used to access information;
- Consent creation date, expiry date, identity and signature/ digital signature;
- any other attribute as may be required by RBI, the Company or under Applicable Law.
The Company shall share information collected from any User only with the FIU as expressly authorized by the User or with any credit or any other user authorised by the User for such access under Applicable Law.
Users can at any point in time, revoke all or any of their consent(s) given to the Company to obtain any financial information relating to the Users.
General Conditions
- Competence to contract: Use of the Website is available only to those individuals and organizations who are eligible and can form legally binding contracts under Applicable Law in their respective jurisdictions. Persons who are “incompetent to contract” as per Applicable Law in their jurisdictions are not eligible to use the Website. If you are a minor, i.e., under the age of 18 years, you shall not register as a User of the Website and shall not use the Website. As a minor, if you wish to use the Website, such use may be made by your legal guardian or parents on the Website. Company reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to the Company’s notice or if it is discovered that you are under the age of 18 years.
- Authorization: In case You are registering as a business or a corporate entity, you represent that You are duly authorized by the business / corporate entity as applicable to accept this Agreement and You have the authority to bind that business / corporate entity to this Agreement.
- User Registration: Company may require Users to fill an online form and register themselves on the Website to avail all or any of the services rendered on the Website. The company may require Users to provide all information and submit all documents as may be required for registration of the User on Website or for availing any Service on the Website (“Registration Information”). You agree to: (a)provide true, accurate, correct and complete Registration Information; and (b)maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate any and all of your current or future use of the Services.
- You agree that You will be solely responsible for maintaining the confidentiality of your password, which, together with your login ID, allows you to access the Services.
- You agree to receive all required notices and information electronically on the contact details including email address, mobile number, postal address. It is your responsibility to update any changes to your contact details. The company shall not be liable for any unauthorized use or access unless it is proved that unauthorized use or access occurred solely due to reasons directly attributable to Company.
Terms of Use
You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
- You will not use the Webiste and Services under this Website for illegal purposes or in a manner that directly or indirectly violates the rights of other users and/or third parties. It is therefore expressly forbidden to enter false and/or invented personal data necessary for the Service.
- It is expressly forbidden to enter third-party data or make multiple registrations for a single Customer.
- If you are provided with any Registration Details, you cannot disclose them and/or make them available to any other individual or third parties and to keep them diligently in order to ensure their confidentiality, as well as to comply with the directions/instructions that the Company may provide for use and confidential access.
- You undertake to observe and comply with any law, regulation and legislation, and in particular the Information Technology Act, 2000 as updated and amended from time to time through associated or independent guidelines and notifications by the competent authorities and abide by the The Information Technology (Reasonable security practices and procedures and sensitive personal date or information) Rules, 2011 for Sensitive personal data.
- You cannot engage in commercial activities and/or sales without Our prior written consent such as contests, lottery, advertising and pyramid schemes or any other schemes, or the buying or selling of “virtual” products related to the Website;
- You agree not to use the Services to solicit gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace on any other User of or visitor to Website, any information or source code of the Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Company, or otherwise engage in any conduct or action that might tarnish the image or reputation of Company or sellers on platform or otherwise tarnish or dilute any Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks, or any systems or networks connected to Company.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
- You agree that the Company shall not be responsible for removal of Your data by FIU once the consent is expired or revoked
Notice
Company may provide You with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Website or by any other reasonable means. Except as otherwise set forth herein, any notice to Company must be sent by courier or registered mail and addressed to the Grievance Officer as per details specified above.
Waiver
No failure or delay by the parties in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
Severability
If any section, paragraph or clause in Terms shall be held to be invalid or unenforceable in any jurisdiction, in which these Terms are applicable, then the meaning of such section, paragraph or clause shall be so constructed so as to render it enforceable to the extent feasible and if no feasible interpretation would save such section, paragraph or clause it shall be severed from the Agreement. If such paragraph or clause is considered an essential element of this Agreement, the parties shall promptly negotiate a replacement thereof.
Consideration:
Payment of Fees: There are no particular charges for browsing the Website. The Company may charge Users certain fees for the use of the Services from the Company. However, it is the discretion of the Company to fix consideration at any point in time.
Limitation of Liability
You agree that the Company will not be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of Your use or access to the application, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence) or otherwise.
Indemnity
- Notwithstanding any other provision of these Terms to the detriment of this clause, You hereby undertake to indemnify, defend and hold harmless unconditionally the Company and its Affiliate, officers, directors, employees, agents, successors and assigns from and against any of the following (including attorneys’ fees incurred or estimated to be incurred by the Company): - any breach of Your representations, warranties, covenants, undertakings or obligations under this Agreement; or. - non-fulfilment of or failure of You to perform any covenant, obligation, agreement or undertaking contained in this Terms including; or -judicial pronouncements, orders and/or decrees relating to temporary and permanent injunctions, contempt of court proceedings and expenses which may be suffered or incurred by Company and its employees and agents as a result of any misrepresentation or breach by the You; or-judicial pronouncements, orders and/or decrees relating to temporary and permanent injunctions, contempt of court proceedings and expenses which may be suffered or incurred by Company and its employees and agents as a result of violation\breach of Intellectual Property Rights by You; or -any direct claim brought by third party against Company; or -act of gross negligence or willful misconduct by You.
- You hereby undertakes to indemnify, defend and hold harmless unconditionally Company and its Affiliate, officers, directors, employees, agents, successors and assigns from and against any claim (including attorneys’ fees incurred by Company for such claims) that any Services, delivered under this Agreement infringes upon or misappropriates any third party's Intellectual Property Rights. In addition, in case any Services or any portion thereof is held, or in Company’s reasonable opinion is likely to be held, in any suit to constitute infringement, You shall within a reasonable time, at its option and its sole expense, either: (i) secure for Company the right to continue the use of such infringing item; or (ii) replace such item with a substantially equivalent non-infringing item or modify such item so that it becomes non-infringing. In the event You are, in Your reasonable discretion, unable to either procure the right to continued use of the allegedly infringing item or replace the allegedly infringing item as provided in clauses (i) and (ii) of the immediately preceding sentence, You shall pay an amount equal to the amount of money paid under these Terms. The foregoing remedy shall be in addition to all other applicable remedies available to Company in Law or equity.
Company’s Responsibility
- Subject to Applicable Law Company shall provide Services to You based on Your explicit consent;
- Company shall ensure that the provisions of Services to You are backed by appropriate agreements/ authorizations between Company, You and the FIP;
- Company shall share your financial information only with third parties as explicitly specified and consented by You;
- Company will ensure not to store any financial information relating to You which is accessed by Company during performance of the Service;
- Company shall not use the services of a third-party service provider for undertaking the business of Account Aggregation;
Governing law and jurisdiction
These Terms shall be governed in accordance with the laws of India. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms, the Agreement(s) entered into on or through the Website or the relationship between You and Company shall be subject to the exclusive jurisdiction of the courts of Mumbai.
Disclaimer
Company shall not be liable for any errors or delays in the content or information obtained through the Services, or for any actions taken in reliance thereon. You expressly understand and agree that your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Company further confirms that it makes no warranty that:
- The Services will meet your requirements;
- The Services will be uninterrupted, timely, secure, or error-free;
- The results or information that may be obtained from the use of the Services will be accurate or reliable
- That your personal data used by you to access your third-party accounts through the Services will be protected in any manner whatsoever;
- Any errors in the technology will be corrected
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and we are not responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the services will create any warranty not expressly stated in these terms. To the extent that any part of this section is not consistent with any other part of these terms, then this section will prevail.
Greivance Redressal
Compliant with respect to Services may be addressed to our Customer Grievance Team as and how indicated in the Grievance Policy. The grievances and escalation under these TERMS shall be regulated in accordance to the Grievance Policy as updated and in effect from time to time
Termination
The Company has the sole right without any notice to terminate the access or usage rights of any Users of the Website and remove any and all non-compliant information from the Website.