Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR SERVICES OFFERED BY CRIF HIGH MARK

CRIF HIGH MARK CREDIT INFORMATION SERVICES PVT LTD ( hereinafter referred as “CRIF HIGH MARK”) is registered company under Companies Act,1956 and engaged in the business of providing (i) Credit Information Reports (“Individual CIRs”) (ii) Company Credit Information Report (“Company CIRs”) and a “ no- hit” report (collectively referred to as “Reports”) to either an individual or a Body Corporate or Credit Institutions or Specified Users as defined under the Credit Information Companies Act,2005 or any other rules, regulations and statute applicable to a credit information company and (iii) any other products and services rendered by to the Persons (collectively referred to as “Products and Services”) by CRIF HIGH MARK.

This General Terms and Conditions for Product and Services Offered by CRIF HIGH MARK outlines the Terms and conditions and rules, as may be amended and supplemented, from time to time, (“Terms”) which shall be applicable to the provision of: (i) Credit Information Reports (“Individual CIRs”) (ii) Company Credit Information Report (“Company CIRs”) and a “ no- hit” report (collectively referred to as “Reports”) to either an individual or a Body Corporate or a Credit Institution or Specified Users who can apply for the CIRs under applicable law; and (iii) any other products and services rendered by CRIF HIGH MARK (collectively referred to as “Products and Services”);

The following words, “I”, “We”, “us”, “me”, “my”, “myself”, “customer” and “consumer” refer to the person(s) who request for their respective Reports or receive the Products and Services (as defined hereinabove) or part thereof (“Consumer”) and shall include both singular and plural. Reference to the masculine gender shall include the feminine and neutral gender or any other legal entity.

I agree and acknowledge the following terms and conditions as mentioned herein below:

GENERAL

I/ We have read, understood, and agree to abide by these Terms including any changes thereto made by CRIF HIGH MARK in its sole discretion, from time to time, relating to Product and Services offered by CRIF HIGH MARK, which changes shall be as communicated and made available on CRIF HIGH MARK’s website. I/ We agree that this Terms form a valid agreement between myself/ ourselves and CRIF HIGH MARK, and that CRIF HIGH MARK reserves the right to, amend the Products and Services relating to the transaction and/ or the terms, either wholly or partially, at any time in the manner stated above and without the requirement of any prior notice or consent.

I/ We agree that these Terms constitute the entire agreement between myself/ ourselves and CRIF HIGH MARK with respect to the transaction and these Terms shall supersede all prior or contemporaneous communications and proposals, if any, whether electronic, oral, or written, between me/ us and CRIF HIGH MARK with respect to the transaction. A printed version of these Terms and of any notice given in electronic form shall be valid and admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as any other documents and records originally generated and maintained in printed form.

I/ We agree that the provision of the Reports and the Products and Services shall be limited to the territory of India.

The data contained in the Reports shall be updated up to such dates which the relevant Members with whom I/ we have a relationship with has provided information to CRIF HIGH MARK based upon which updated information CRIF HIGH MARK has been able to update the Reports and CRIF HIGH MARK shall not be responsible in case the Member has not updated my data.

CRIF HIGH MARK shall have the right to terminate provision of the Reports and / or the Products and Services or any part thereof, at its sole and reasonable discretion at any time. Further, notwithstanding the Terms contained herein, CRIF HIGH MARK reserves the right to reject my Request Form made due to any reason whatsoever and shall not be required to specify such reason for rejecting the same.

I/ We have read in full and have completely understood the steps to access Reports and / or the Products and Services offered on CRIF HIGH MARK’s website.

I/ We understand and agree that in the event there are any insufficiencies in the Request Form and/ or the payment mechanism, my/ our Request Form (as hereinafter defined) shall be liable to be rejected and I/ we shall have to make fresh applications. I/ We further understand and agree that until such time, in the event I/ we would have made any payments in this regard, the same shall not be refunded to me/ us.

An 'insufficiency in the Request Form, would have taken place including but not limited to any of the following reasons:

Demand Draft (DD) not provided along with the Request Form;

Incorrect payee name on DD;

DD is not payable at Mumbai;

DD amount, as realised, less than the requisite charges for the relevant Products and Services as specified in Clause 3 hereunder;

Invalidity of DD (DD should be received by CRIF HIGH MARK well within 3 months) from the date of issue);

Online payment failure;

Address proof not provided, invalid (not acceptable as defined by CRIF HIGH MARK) or is expired (not currently relevant);

Identity Proof (ID) not provided or is invalid (not acceptable as defined by CRIF HIGH MARK) or is expired (not currently relevant);

Address or ID proof does not match with that provided on the Request Form;

Personal Information not matching on the Reports and/ or Request Form and/ or the identification documents provided;

Request for the Individual Credit Information Report (CIR) of a minor;

Board resolutions/ letter of authorisation authorising an officer of the entity/ Person to apply for a Company CIRs is not provided or is invalid (not acceptable as defined by CRIF HIGH MARK);

ID proof for the authorised signatory (only for an application for Company CIRs) is not provided or is invalid (not acceptable as defined by CRIF HIGH MARK);

Copies of the bank statement (only for an application for Company CIRs) is not provided or is invalid (not acceptable as defined by CRIF HIGH MARK);

Any other reasons as defined by CRIF HIGH MARK, from time to time

I/ We understand and agree that Reports and / or the Products and Services are offered on best effort basis, and I /We agree and acknowledge that CRIF HIGH MARK shall not be responsible for any kind of damage arising directly or indirectly whatsoever incurred by me/us in availing such Reports and / or the Products and Services.

REQUEST FORMS FOR PRODUCTS AND SERVICES AND PROOF OF IDENTITY AND ADDRESS

I/ We understand that all applications for the Reports or the Products and Services shall be provided by CRIF HIGH MARK only on the submission by me/ us of the duly completed request forms, the Credit Information Report Request Form and the Company Credit Information Report Request Form, as may be applicable, for the Reports and/ or the relevant Products and Services, as maybe applicable, or through the user form available online (“Request Form”) which may be obtained or accessed at CRIF HIGH MARK’s website www.crifhighmark.com.)

I / We agree to undergo Know Your Customer (KYC) requirements as required by CRIF HIGH MARK and specified by CRIF HIGH MARK from time to time. Any application made by me/ us other than in the prescribed Request Form or which are incomplete in any manner shall not be considered a valid application and will be rejected by CRIF HIGH MARK without providing any reason whatsoever.

All details provided by me/ us in the Request Form should match the details provided by me/ us to any of the banks who I have any type of relationship with or in the event I/ we do not have any relationship with any bank, the details that are similar to that as provided in the Address Proof (as defined hereinafter) as mentioned herein.

Proof of my/ our identity (“Identity Proof”) and proof of my/ our address (“Address Proof”) shall be required to be submitted by me/ us along with the Request Form, and in the event I/ we fill the Request Form online on CRIF HIGH MARK’s website, such documents shall be required to be posted by me/ us to CRIF HIGH MARK at the following address (“Processing Address”): Consumer Relations, CRIF HIGH MARK CREDIT INFORMATION SERVICES PRIVATE LIMITED ,FOFB 04,05,06 - Art Guild House, Phoenix Market City, L.B.S Marg, Kurla West,Mumbai-400070, Maharashtra. CRIF HIGH MARK shall not be responsible if any of the documents relating to my/ our Identity Proof or Address Proof are lost prior to receipt of such documents by CRIF HIGH MARK at the abovementioned Processing Address.

I/ We agree that all documents provided along with the Request Form shall be valid and should not have expired, as applicable. Further, I/ we agree that copies of the documents provided shall not be returned by CRIF HIGH MARK irrespective of the fact whether or not the Credit Information Report or any other Products and Services is made available and/ or provided to me/ us

All documents relating to the Request Form, Identity Proof and Address Proof must reach CRIF HIGH MARK at its Processing Address not later than 7 (seven) business days of the date of filing of the Request Form. Payment of appropriate charges and any documents, payments, verification, clarifications, and other information should be provided by me/ us within a period of 30 (thirty) days from the date of the filing of the Request Form, upon the expiry of which the application of shall be considered as incomplete and a fresh Request Form shall have to be provided along with all other necessary actions including all payments in relation thereto.

I/ We understand that if due to the provision of wrong or incomplete information provided by me/ us in the Request Form, or for online ID Authentication Process, as may be applicable, an incorrect Report or such Service as the case may be is received by me/ us and in that case, CRIF HIGH MARK shall in no manner be responsible for the same and any subsequent request for a fresh Report or such Service as the case may be shall be treated as a fresh request and application and hence shall be charged accordingly.

Also, due to the provision of wrong or incomplete information provided by me/ us in the Request Form, or for online ID Authentication Process, as may be applicable, the Report so generated may belong to a person other than me/us and may be sent to such person at my/ our cost. In such cases, I understand that CRIF HIGH MARK shall not be liable to refund any payments made by me/ us in this regard and that I/ we shall have to furnish a fresh Request Form and submit fresh payment for my/ our Credit Information Report.

CHARGES

The charges for the Individual CIR, Company CIR or any other Products and Services shall be as stipulated by CRIF HIGH MARK from time to time and I/we agree to pay the same. The charges for any Products and Services may be amended by CRIF HIGH MARK from time to time subject to applicable laws.

I/ We acknowledge and agree that the charges as specified above are the cost of a Report or other Products and Services, as may be applicable and other charges including any delivery charges, payment gateway charges and taxes and other duties which shall be payable by me/ us, as applicable and prescribed by CRIF HIGH MARK relating to costs that CRIF HIGH MARK may incur for the purposes of facilitating me/ our in the payment mechanism and in getting my/ our Report or other Products and Services delivered at my/ our validated address. I/ We understand that the payment gateway and net-banking channels may not belong to CRIF HIGH MARK and agree to abide by the rules and regulations and Terms prescribed by such third party in the process of facilitating my/ our payment through the said payment gateway and net-banking channels.

A request once made by me/ us shall not be cancelled. However, I/ we understand that there may be instances when no Report, as maybe applicable, is generated because the Credit Information does not exist in CRIF HIGH MARK’s database, or the details provided by me/ us were not adequate to access the relevant Credit Information. In such cases, a “no-hit” report will be generated by CRIF HIGH MARK and provided to me/ us. I/ We understand that a 'no-hit, Credit Information Report may not provide any information I/ We understand and accept that in case of a “no-hit” report, payments made by me/ us shall be refunded and returned by CRIF HIGH MARK as per the provisions of Clause 6 of the present Terms. I/ We understand that unless complete and full payment along with submission of the required documents is made by me/ us, CRIF HIGH MARK shall not be obliged to process or issue any Credit Information Report to me/ us

PAYMENT MODES

Payment through Demand Draft:

I / We understand that for any payment for the Products and Services through a DD (i.e., Demand Draft) for the stipulated charges for the Products and Services in favour of 'CRIF HIGH MARK, payable at Mumbai has to be sent at the Processing Address as mentioned above.

Payment Terms:

I/We agree to pay such amount as stipulated by CRIF HIGH MARK for the issue and delivery of my Credit Information Report / our Company Credit Information Report and understand that these charges are towards cost of the Credit Information Report and delivery charges and other taxes etc.
The DD should clearly state the name as mentioned above without any spelling mistakes and should be payable at Mumbai.
Processing of the Request Form shall take place only after CRIF HIGH MARK realises the payment through the DD for the full amount.
In the event there is any error of any nature in the DD, the relevant Request Form shall not be processed unless a fresh DD for the requisite amount as stated above is sent to CRIF HIGH MARK at the Processing Address with all other details as required herein. Further, I/ we acknowledge and understand that the DD which contains error shall not be returned back to us and will be destroyed by CRIF HIGH MARK with an intimation to me by way of an email/ sms/ post.

Payment through Credit Cards/ Debit Cards:

I / We understand that any payment for the Products and Services through my/ our VISA or MASTERCARD or other service provider (as provided by the Payment Gateway Merchant) Credit Card or Debit Card as the case may be, may be made.

Terms for payment:

I/We agree to pay such amount as stipulated by CRIF HIGH MARK for the issue and delivery of my Credit Information Report / our Company Credit Information Report and understand that these charges are towards cost of the Credit Information Report and payment gateway charges, delivery charges and other taxes etc.

I/ We represent that the Credit Card or Debit Card used by me/ us to make payment herein, is my/ our own Credit Card or Debit Card or I/ we have full authority and permission to use the same to make payment herein.

Processing of the Request Form shall take place only after CRIF HIGH MARK realises the payment through from the Credit Card/ Debit Card payment gateway merchant for the full amount.

In the event there is any error in the payment of the full amount through this mode, the relevant Request Form shall not be processed. In the event payment is made more than once for the same transaction, I/ we understand I/ we am/are required to email at support@crifhighmark.com as CRIF HIGH MARK may intimate on its website from time to time and inform CRIF HIGH MARK of the same. Upon request by CRIF HIGH MARK, I/ we shall provide the relevant reference number from the issuing bank or financial institution of the Credit Card/ Debit Card in order to reverse such duplicate payment. I/ We understand such reversals shall be made to the same Credit Card/ Debit Card from which payment was made and that CRIF HIGH MARK shall make its best endeavours to credit the refund after the expiry of atleast 4 (four) working days.

I/ We will receive a system generated CRIF HIGH MARK Registration ID and a Transaction ID for each transaction that I/ we pursue through this mode with CRIF HIGH MARK on this website, and I/ we shall quote such Registration ID and a Transaction ID for all subsequent queries and clarifications that I/ we may seek from CRIF HIGH MARK relating to the same transaction.

CRIF HIGH MARK shall not be liable in any manner whatsoever for any fraud that may be committed on my Credit Card/ Debit Card, whether due to loss or theft or otherwise. The technology for enabling the payment by way of Credit Card/ Debit Card could be affected by virus or other malicious, destructive, or corrupting code, programme, or macro. This could result in delays in the processing of instructions or failure in the processing of instructions. CRIF HIGH MARK shall not be liable, whether direct or indirect, whether arising out of loss or profit or otherwise arising out of any failure or inability by the relevant bank or financial institution to honour any customer instruction for whatsoever reason

Payment through Net Banking:

I / We understand that a payment of the stipulated charges for Reports & Products and Services may be made through my/our Net Banking channel.

Terms for payment:

I/ We understand that the Net Banking channel is available only if I/ we have an online banking account with my/ our bank or financial institution from where the said amount will be directly debited from my/ our account with my/ our instructions online and such facility is available only if I/ we hold an account with the banks as maybe provided by payment getaway merchant and / or CRIF HIGH MARK, from time to time.
I/We agree to pay such amount as stipulated by CRIF HIGH MARK for the issue and delivery of my Credit Information Report / our Company Credit Information Report and understand that these charges are towards cost of the Credit Information Report and payment gateway charges, delivery charges and other taxes etc.
I/ We shall use only my/ our own net-banking account details to transact on this website or have full authority and permission to use the net-banking account to make payment as required herein.
Processing of the Request Form shall take place only after CRIF HIGH MARK realises the payment through from the net-banking payment gateway merchant for the full amount. In the event there is any error in the payment of the full amount through this mode, the relevant Request Form shall not be processed.
In the event payment is made more than once for the same transaction, I/ we understand that I/ we am required to email at support@crifhighmark.com as CRIF HIGH MARK may intimate on its website from time to time and inform CRIF HIGH MARK of the same. Upon request by CRIF HIGH MARK, I/ we shall provide the relevant reference number from the bank or financial institution providing such net banking services in order to reverse such duplicate payment. All such reversals shall be made to the same account from which payment was made and that CRIF HIGH MARK shall make its best endeavours to credit the refund after within 4 (four) working days.
I/ We will receive a system generated CRIF HIGH MARK Registration ID and a Transaction ID for each transaction that I/ we pursue through this mode with CRIF HIGH MARK on this website, and I/ we shall quote such Registration number and a Transaction number for all subsequent queries and clarifications that I/ we may seek from CRIF HIGH MARK relating to the same transaction CRIF HIGH MARK shall not be liable in any manner whatsoever for any fraud that may be committed on my/ our net banking account, The technology for enabling the payment by way of net banking could be affected by virus or other malicious, destructive, or corrupting code, programme, or macro. This could result in delays in the processing of instructions or failure in the processing of instructions. CRIF HIGH MARK shall not be liable, whether direct or indirect, whether arising out of loss or profit or otherwise arising out of any failure or inability by the relevant bank or financial institution to honour any customer instruction for whatsoever reason.

RAISING A DISPUTE OVER ANY INFORMATION

A dispute request can be raised by me/ us, by visiting CRIF HIGH MARK website or by writing to the CRIF High Mark registered address or email at support@crifhighmark.com. CRIF HIGH MARK will initiate the dispute with the relevant credit institution and notify appropriately.

I/ we agree and understand that CRIF HIGH MARK may suspend any or all of the Services mentioned herein, including raising of a dispute request as set out above, and upon the happening of the same, CRIF HIGH MARK shall not be under any obligation to process the dispute request raised by me from such date of suspension.

REFUNDS AND CHARGE BACK

In the event a request made by me/ us in relation to a Service is not a valid request, or if it is rejected by CRIF HIGH MARK for any reasons whatsoever or CRIF HIGH MARK is unable to provide the same, I/ we agree to pay to CRIF HIGH MARK , processing charges and CRIF HIGH MARK shall refund to me/ us such amounts as may be decided by CRIF HIGH MARK in its sole discretion from time to time.
Only for the following reasons and any other reasons decided by CRIF HIGH MARK at its sole discretion, CRIF HIGH MARK shall refund the payments made by me/ us after deducting the relevant processing charges as may be required by CRIF HIGH MARK, in its sole discretion, from time to time:
In case of transactions through Net Banking / using Debit or Credit Cards and in the event of a fraudulent transaction carried out on my/ our bank account / card without my/ our authorization verified by the police;
In the event of any technical snags between my/ our computer and/or CRIF HIGH MARK and/or the issuing bank wherein my/ our transaction did not complete, whereby I/ we was/ were charged twice for a single transaction (duplicate processing)
In case I / We make the payment through a Demand Draft and if CRIF HIGH MARK cannot locate the information regarding my / our Credit History in the CRIF HIGH MARK Database If I / We fail to successfully complete the authentication process and do not submit the requisite documents as required by CRIF HIGH MARK to process my / our request or submit the same, such that the documents are received by CRIF HIGH MARK after expiry of the stipulated time of 30 days;
Where an online application is made and a no-hit report is generated, CRIF High Mark shall refund the payment post deduction of nominal expenses incurred to CRIF High Mark in respect of generation of no-hit report.
Where an application is made other than online mode and a no-hit report is generated then in such situation CRIF High Mark shall not be liable to refund any amount or any part of the amount in relation to the payment made by me/us for generation of report.

DELIVERY OF CREDIT INFORMATION REPORTS AND OTHER PRODUCTS AND SERVICES

In case the Report is provided in physical form, the Reports shall be dispatched and delivered vide the use of third-party service providers, being India Post or such other courier service as CRIF HIGH MARK may think fit. A tracking number shall be also provided on request. CRIF HIGH MARK shall not be responsible for any lost mail, theft or any damage caused by during dispatch of such Report
The Credit Information Report shall be dispatched and delivered to an address which is present in the database of CRIF HIGH MARK or to any address as provided by me /us while satisfying the KYC requirements stipulated by CRIF HIGH MARK from time to time and this address shall match the address given by me/us to CRIF HIGH MARK as Address Proof with the necessary documents.
On any change in my address, I/ we shall update my address in the records of the relevant Member/s with whom I/ we have my respective relationship account/s, else, CRIF HIGH MARK would not be able to deliver the Credit Information Report at my/ our desired address.

I / We understand and agree that in case I / we provide email address for delivery of the Reports and / or Products and Services by opting for delivery through email, CRIF HIGH MARK shall not be responsible for the correctness of the email ID and delivery of the Reports and / or Products and Services made by CRIF HIGH MARK to such email address (with encryption) shall be complete dispatch of the Reports and / or Products and Services In the event I/ we am/ are unavailable at the time and place of delivery of the Credit Information Report, such Credit Information Report shall be re-dispatched the second time. However, I/ we understand that if I/ we am/ are not present at the time and place of the delivery the second time, a new application shall be required to be made by me/ us.
However, such request for re-dispatch shall be entertained only until 60 (sixty) days from the first date of issue of the Report. A minimum of 10 (ten) working days from the date of receipt by CRIF HIGH MARK of appropriate and satisfactory Identity Proof and Address Proof and the realisation by CRIF HIGH MARK of the full amounts payable by me / us (whichever is later) shall be required to process a Request Form by CRIF HIGH MARK.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

I/ We acknowledge, understand and agree that by providing the Reports and the Products and Services (whether through this website or otherwise), CRIF HIGH MARK is acting as a facilitator and in order to facilitate highest quality services to its consumers, however, CRIF HIGH MAK does not warrant that the functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components, but shall endeavour to ensure user fullest satisfaction.
I/ We acknowledge, understand and agree that in no event shall CRIF HIGH MARK shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Reports and/ or the Products and Services; (b) the cost of procurement of substitute Services; (c) unauthorized access to or alteration of transmissions or data; (d) any other matter relating to the Reports and/ or Products and Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, or otherwise.
I/ We agree that I/ we shall not hold CRIF HIGH MARK liable or responsible for non-availability of its website either due to internet connectivity speeds or errors on my/ our computer or during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond CRIF HIGH MARK’s control. I/ we understand and agree that any material and/or data downloaded or otherwise obtained through this website is done entirely at my/ our own discretion and risk and I/ we will be solely responsible for any damage to my/ our computer systems or loss of data that results from the download of such material and/or data.
I/ We understand and accept that no information with regards to the Credit Information Report, the Request Form, the Reports or any of the Products and Services shall be provided by me/ us vide telephone or in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof. If any information is provided by me/ us vide telephone or in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof, CRIF HIGH MARK shall have no responsibility for any damage or loss to me/ us due to such provision of information by me/ us.

MISCELLANEOUS

Severability
In the event that any provision of these Terms is declared by any juridical or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either me/ us or CRIF HIGH MARK from any relevant competent authority, CRIF HIGH MARK shall have the right to amend that provision in such reasonable manner as it thinks fit without illegality or it may be severed from this Agreement in such manner as CRIF HIGH MARK thinks fit and the remaining provisions of these Terms shall remain in full force and effect unless CRIF HIGH MARK decides in its sole discretion to stop the provision of the Reports and / or Products and Services either wholly or in part Variation
In furtherance of these Terms and subject to applicable laws, I/ we understand that CRIF HIGH MARK reserves the right to issue further directions which shall be applicable to me/ us from, time to time. Other than as otherwise provided by these Terms, all alterations to these terms shall be made by CRIF HIGH MARK with an intimation on this website and shall become applicable upon such intimation, and without the requirement of any prior notice or intimation to any Consumer of such variation. I/ We agree to accept any such variation made by CRIF HIGH MARK in this regard regardless of the mode through which I/ we have approached CRIF HIGH MARK
Non- Assignment
I/ We shall not assign or transfer any of my rights and/ or obligations in relation to the transaction contemplated herein under or pursuant to these Terms to any other person
Indentification
I/ We agree to and shall indemnify CRIF HGIH MARK from and against all losses and damages that may be caused as a consequence of breach of any of these TERMS.
Miscellaneous
I/ We hereby confer CRIF HIGH MARK with the right to use any data and information provided by us vide the Request Forms in any manner including for any purpose stipulated by CRIF HIGH MARK, provided that the same shall be valid under applicable law.
I/We understand that by providing my mobile number. I/ we have assented to receive transactional SMS (es) and I/we may be sent transactional SMS(es) to update status of my/our order for Reports / Products and Services on CRIF HIGH MARK 's website. I/We further understand that by providing my/our said mobile number, I/ we have also assented to receive calls from CRIF HIGH MARK, their agents etc. regarding the CRIF HIGH MARK Services sought by me/us.

I hereby consent to CRIF HIGH MARK for using the information provided by me to provide me updates in respect of CRIF HIGH MARK’s Products and Services including any changes in my Credit Information

Force Majeure
CRIF HIGH MARK shall not be liable for any failure to perform any of its obligations under these TERMS or provide the Reports and/ or the Products and Services or any part thereof if the performance is prevented, hindered, or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. “Force Majeure Event” means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government. Governing Law, Jurisdiction and Arbitration
These TERMS are governed by and are subject to Indian laws.
In the event of any claim, dispute or difference arising out of or in relation to these Terms or in respect of the contents of any Reports and/or the Products and Services, I/we shall first inform CRIF HIGH MARK in writing about the same. I/we further agree that in case the claim, dispute or difference is not resolved, then such claim, dispute or difference shall be referred to arbitration to be conducted by a sole arbitrator to be appointed by CRIF HIGH MARK who shall be the presiding arbitrator and the decisions and award of the arbitral tribunal shall be final and binding. The arbitration proceedings shall be held in Mumbai and shall be conducted in the English language and be governed by the provisions of Arbitration and Conciliation Act, 1996 and any modification or re-enactment thereof in force at the relevant time. All costs of such arbitration shall be borne by the consumer. Subject to what is stated above, any matters which may require the intervention or any determination by a Court, including any appointment of any arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996, whether prior to, or during or after the aforesaid arbitration, shall be subject to the exclusive jurisdiction of the Courts in Mumbai