Terms and Conditions

Version 2, effective 3rd October 2019

ClearScore – Our relationship with you

Here at ClearScore, we don’t really like long terms and conditions, but these are important. Because this document, together with our Privacy Notice and Cookies Policy (our Terms), sets out the rules which cover our relationship with you. They explain our responsibilities and yours, and how you can use our services. These apply to you if you use our services and are legally binding so please read them – in fact, you might want to print them out or save them on your device in case you ever want to come back to them in the future.

You should also remember that these aren’t a complete list of all your or our rights or responsibilities, as there might be others under general law. If you want more information about your general rights as a consumer, contact a consumer advice organisation.

This document is an electronic record in terms of the Information Technology Act, 2000 and Rules made there under and the amended provisions pertaining to electronic records.

WANT TO CONTACT US?

If you have any questions about or feedback on our Terms or wish to make a complaint about our services, get in touch with us by emailing help.in@clearscore.com or via our India Help Center. If the question or complaint relates to information we have obtained from a Credit Information Company or other third party service provider, we may refer your question or complaint to them if we consider it appropriate.

KEY TERMS

Save as otherwise set out in these Terms:

  • the services we provide are on an as is basis
  • we (and our other service providers) have no control over the content or accuracy of information provided by Credit Information Companies or other third parties
  • we don’t guarantee all of the information on our website, in our app, etc is up to date or accurate at all times and we accept no liability for inaccuracies or omissions. We recommend you confirm the accuracy and completeness of any information before relying on it.

WHO ARE WE? AND WHO CAN BE OUR CUSTOMER?

Who are we?

We’re ClearScore Technology Services India Private Limited. Where we say "we" "our" or "us" in this document, that’s usually who we mean. We might also mean anyone that might take over our business or we transfer our business to in the future. In a few places, we might mean one of our third party service providers or a subcontractor – this should be clear from the context. If you’re not sure who we mean, get in touch and we’ll explain.

These Terms set out your agreement with us in relation to the use of our website, apps and services, they do not create any relationship or agreement between you and any other person (including our affiliates and third party service providers).

Our company details and registrations

ClearScore Technology Services India Private Limited is a private limited company registered in India under company registration number U67110MH2018FTC311994. Our registered address is at 103-104, Fulcrum, B-Wing, Hiranandani Business Park, Sahar Airport Road, Andheri (East) Mumbai - 400099, Maharashtra

Who can be our customer?

You’re our customer (or thinking about becoming our customer), if we say "you" or "your" in these terms, we mean you. You are welcome to be our customer provided you agree to comply with our Acceptable Use Policy and you are:

  • over 18 years' old
  • live in the Republic of India
  • a real, live person accessing our services for your personal use (you can’t use our services for commercial or business use)
  • accessing our services on your own behalf. You also can’t (or try to) access our services for someone else. You’d have to ask them to sign up on their own behalf. You must keep your login and security details confidential. You are responsible for any use of our services using your login details, whether authorised by you or not.

We can refuse to provide a new customer with services or cease to provide services to existing customers, at any time and at our sole discretion. Examples of when we might do this include if:

  • we find out or have reason to believe you’re breaching these Terms (for example, you’re using our services for business use or on someone else’s behalf)
  • you’re rude or threatening to our staff
  • we decide to stop offering a service you are using
  • we think your use of our services is unlawful or you are breaching our Acceptable Use Policy
  • your initial identity verification check has been unsuccessful and we have not been able to verify your identity.
Our Acceptable Use Policy

When you’re using our services you must not do any of the following things. If you do or if we have reason to believe you either have done or will do, we may refuse to provide services to you temporarily or permanently or we may take other action against you (including legal action).

Some of these things are unlawful. Where this is the case (or we believe it may be the case) we may disclose your identify, your activities and other information we hold about you to law enforcement agencies.

General

You must not, and you must not allow another person to, use our website or apps (including any content or materials on them) or our services:

  • in any way that doesn’t comply with any applicable local, national or international law or regulation
  • in any way that is deceiving or fraudulent, or has any fraudulent purpose or effect
  • to access or interfere with another person’s account or information, impersonate another person, or create or use a false identity or email address
  • for your own or another person’s business purposes
  • to harm or attempt to harm any other person in any way
  • to make any unsolicited or unauthorised communications, including of advertising or promotional material ("spam")
  • to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of our website, any computer systems, equipment, software or networks on or through which our website is stored or operated
  • to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of our website or services provided by our website
  • to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in our website, including any software comprised in it, the content or the services provided through it
  • to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search our website or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools)
  • in any way that is not authorised by us or is detrimental to us or our third party service providers.

You must not, and you must not allow another person to:

  • knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause our website to become unavailable for use by others (including via any form of denial-of service attack)
  • access without authority, interfere with, damage or disrupt any part of our website, any software, the server or other equipment or network used in the provision of our website (including where owned or used by any third party).
We may monitor your use of our services and monitor your activity for security purposes.

You must fully cooperate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material or using our website or our services in breach of our Acceptable Use Policy.

Interactive services

Sometimes, we may provide interactive services on our website, including, for example, for you to review and comment on the services and products that we or product providers or issuers of credit make available.

Where we do, we’ll provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We don't have to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you may contribute to our website and to any interactive services associated with it.

Contributions must:

  • be accurate (where they state facts)
  • be genuinely held (where they state opinions)
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person
  • contain any material which is obscene, offensive, hateful or inflammatory
  • promote sexually explicit material, violence or any illegal activity
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • infringe any copyright, database right or trade mark of any other person
  • be likely to deceive any person
  • be made in breach of any legal duty owed to a third party (for example be confidential information)
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
  • be likely to harass, upset, embarrass, alarm or annoy any other person
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person
  • give the impression that they emanate from us, if this is not the case
  • advocate, promote or assist any unlawful act including copyright infringement or computer misuse.
Linking to our website
  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link to our website in any website that is not owned by you or that does not comply in all respects with the content standards set out in our Acceptable Use Policy.
  • Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.
  • We reserve the right to withdraw linking permission without notice.

WHAT ARE OUR SERVICES?

We aim to help you take control over your own finances by helping you to access your credit report and credit score from Credit Information Companies. We let you do this free of charge.

We get this information from Credit Information Companies (such as Experian) once a month or at regular intervals on your behalf acting as your authorised agent and representative and we will use it to provide you with our service. That means that we procure this information on your behalf, as you could. By using our services you agree that we and Credit Information Companies shall be entitled to rely on this authorisation and agency granted by you.

ClearScore will be sharing credit information with the partner banks / credit institutions from whom you solicit offers. Credit information will be shared only to get the best offers for you. Your credit score is not affected or diminished by Experian sharing your Credit Information with ClearScore and ClearScore then sharing such information with credit institutions nominated by you in the underlying consent. Only trade and enquiry data and no personal information from the credit information furnished by Experian will be shared.

Registration

Presenting a credit report and credit score is subject to you passing appropriate identity authentication for security purposes. We’ll try to assist you if you fail the process, but we do not have to notify you of the reasons why it was not successful.

As part of verifying your identity, we will carry out an authentication search against your credit information. This search will be carried out once at the time you register for our services

What is a “soft credit search”?

When you click to search for credit offers on our website, we or our service providers will record a 'soft credit search' on your credit file, but this record will be invisible to other lenders. This means the soft search will not affect a lender’s decision whether or not to lend to you and it won’t affect your credit score.

Owning a Clearscore account

By using our services you agree that your records and, where applicable, those of your financial associates (for example, anyone you have a mortgage or joint loan with) will be searched in order to provide you with your credit score, credit report and relevant products.

We will hold your details and records on our systems and make this credit information available to you through our website. If there has been a relevant change or addition to information in your credit score or credit report, we may notify you by sending you an email, SMS or WhatsApp message.

We will undertake analysis and profiling of your credit information and, where applicable, your financial associates' credit information (and any other information provided by you or on your behalf). We may also make tools available to you so you can do this yourself. This is to assist you in being better informed about, understand and manage your credit position, and in order to identify and inform you of credit products that are likely to be suited to your circumstances or which we collect about you through our website, apps and your mobile devices. We will use your credit information and any other data you provide or make available to us for the purposes set out in these Terms, including our Privacy Notice.

We may also use your information (and, where applicable, that of your financial associates) to identify whether you may benefit from additional guidance concerning your credit score and steps you can take to improve your score.

You will only receive monthly updates to your credit score and credit report while you remain an active user of our services. If you do not log in to your account for more than 364 days, we will no longer consider you an active user and shall be entitled to stop providing you with monthly updates and close and delete your account. Before we delete your account we will send you an email to alert you of our intention to do so. If we delete your account, we may keep records or data relating to you in accordance with our Privacy Notice.

Any decisions you make on the basis of your credit score or credit report, or any other information we provide or make available to you, are purely your own choice.

Making an application for lending from a third party

We may share your information with third party service providers, such as Credit Information Companies, financial services providers and other advertisers, in accordance with our Privacy Notice and your account’s privacy settings. Certain third party product and services providers provide us with their own services to assess your suitability for particular products.

If you want us to, we’ll use this information to match you with tailored offers for credit and financial products. The offers won’t be from us, they’ll be from other financial services providers and you don’t have to accept these. We aim to present only economically advantageous products that you have a strong likelihood of being accepted for based on the merits of the product and your profile. Some might save you money, others might not. The key thing to remember is that you need to make your own decision about whether any offers are right for you. We don’t have all the information about you or your individual financial situation and we are not providing you with financial advice.

If you opt to apply, these third party financial providers may communicate with you via telephone, SMS, WhatsApp and/or email to process your application.

Third party lenders will use their own criteria in making decisions about you and may conduct a soft search against your credit report information.

Please ensure that you have fully read and understand any relevant information, such as the credit provider's terms and conditions, which provide full details of the risks involved with any decision you make. You may wish to consider obtaining professional or specialist advice before taking, or refraining from taking any action on the basis of the content on our website or any other information we provide or make available to you.

If you decide to apply for a financial product, including one which you have seen on our website, the lender will usually conduct a hard credit search before accepting your application. Hard searches normally stay on your credit for a minimum of 7 years after the search is performed. Having multiple hard searches performed on your credit report may affect a financial service provider’s decision of whether to lend to you.

Information Collection, Use, Confidentiality, No-Disclosure and Data Purging

ClearScore shall access your Credit Information as your authorized representative and ClearScore shall use the Credit Information for limited End Use Purpose consisting of and in relation to the services proposed to be availed by you from ClearScore. We shall not sell or rent the Credit Information to any other person and the same cannot be copied or reproduced other than as agreed herein and in furtherance to CICRA.

We agree to protect and keep confidential the Credit Information both online and offline.

The Credit Information shared by you, or received on by us on your behalf shall be destroyed, purged, erased promptly within 1 (one) Business Day of upon the completion of the transaction for which the Credit Information report was procured.

Please read the above mentioned terms and conditions and the complete the authorisation process for sharing of your credit information by Experian with ClearScore in our capacity as your authorised representative.

By accepting these terms, you agree and accept the disclaimers and terms and conditions set out herein.

Definitions:

Capitalised terms used in this section shall have the following meanings:

"Business Day" means a day (other than a public holiday) on which banks are open for general business in Mumbai.

"Credit Information Report" means the credit information / scores/ aggregates / variables / inferences or reports which shall be generated by Experian.

"Credit Score" means the score which shall be mentioned on the Credit Information Report which shall be computed by Experian.

"CICRA" shall mean the Credit Information Companies (Regulation) Act, 2005 read with the Credit Information Companies Rules, 2006 and the Credit Information Companies Regulations, 2006, and shall include any other rules and regulations prescribed thereunder.

MAKING CHANGES TO OUR TERMS OR SERVICES

We may change these Terms, our website, apps and our services at any time. We will notify you of any changes to our Terms by sending you an email notification, by posting a notice on our website or app or through the services, or in any other manner we deem appropriate. Your continued use of our website, apps or our services will confirm your acceptance of the revised terms.

For changes that do not affect your rights or obligations under this agreement and that constitute a mere update of information, we may choose to not notify you directly. Please check this page from time to time to take notice of any updates made to the information here.

ACCURACY AND NON-RELIANCE ON INFORMATION

Any information provided to you as part of our services is only as accurate, complete and up to date as the information supplied to us by you, the Credit Information Company or other third party we use to obtain this information. We don’t check the information we receive from you or third parties for accuracy or completeness.

We do not control your credit score or credit report and we cannot change that information for you. If you think the information provided about you on your credit report may be incorrect, you can dispute it with the Credit Information Company directly here. If you think any other information we have provided to you has been incorrectly displayed, please let us know as soon as possible by contacting us.

We don’t assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to receive or store any user information, communications or personalisation settings.

We may change the content or functionality of our apps, website or any other method which allows access to our services at any time. Their content may be out of date at any given time, and we are under no obligation to update it.

We cannot guarantee that our website or apps or any content on them or provided as part of our services, will always be available, uninterrupted or error free.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in our website and apps in the material published on them and in their component systems are owned by, licensed or sub-licensed to us. All content on our website and apps is subject to copyright with all rights reserved.

Images, trade marks and brands are protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners.

You must not remove any acknowledgement that we or any of our contributors is the author of any website content or any content we provide to you as part of the services.

You may download or print or screen grab content or individual sections or pages of our website or apps for your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through our website or apps is done at your own discretion and risk and you are solely responsible for any damage to your computer system or device or loss of data that results from the download of any such material.

You must not modify, adapt, copy, download or post material from our website or apps nor store any part of our website or apps in any other website or app or include it in any public or private electronic retrieval system.

You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation.

If you print off, copy, download or post to social media any part of our website or apps in breach of these Terms you must, at our option, return, destroy or procure the deletion of any copies of the materials you have made.

LICENSE

You licence us to use any information, data, materials or other content ('Content') you provide to us through our website or that we obtain on your behalf as part of the services we provide (such as your credit information) and you agree that we can use, modify, display, distribute and create new material using the Content so that we may provide our services to you and for any other purposes set out in these Terms, including our Privacy Policy.

By submitting Content you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out in these Terms.

LIMITATION OF OUR LIABILITY

Please read the provisions of this section carefully, as they exclude or limit our liability for any losses suffered by you in connection with your use of our services.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website and apps, any content on them or services accessed through them, whether express or implied.

We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • Use of, inability to use or unavailability of, our website (or any part of it), websites linked to it, or our services
  • Use of any products, data, information or services accessed or obtained or messages received or transactions entered into, through or from the services obtained or accessed through our website or apps including use of or reliance on any content displayed on or made available through our website or apps
  • Unauthorised access to or alteration of your transmissions or data, or
  • Any inaccuracy or incompleteness of any information received by you or by us through our website or apps or as part of our services

We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these Terms.

We are not responsible for any products or services provided by issuers of credit or any other third parties. Those products are governed by separate terms and conditions of supply. You agree that we are not responsible or liable for any loss or damage you may suffer or incur in connection with any such product or services, or the terms and conditions applying to any contract you enter into with any third party in relation to any product or services, or for any acts, omissions, errors or defaults of any third party in connection with any product or services or the applicable terms and conditions.

It is your responsibility to seek independent advice or otherwise satisfy yourself that you wish to apply for, take out, cancel, exchange or request a change to a credit or other product before doing so.

Your interaction with any third party accessed through the website is at your own risk, and we will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third parties.

Where we have indicated your likelihood of success with respects to products matched to your profile, or where we have provided indications of how much money you may save, these are provided for information purposes only and should not be relied upon when making decisions. We do not accept any liability or provide any guarantee with respects to your eligibility for or success in obtaining products matched to you or advertised on our website.

Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our website or apps is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our website or apps. You are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. If you download our app or other digital content provided by us and you suffer damage to your device or other digital content you own because we have not exercised reasonable care and skill in creating such digital content, you may be entitled to compensation or repair at our expense pursuant to your statutory rights.

We do not charge you a separate fee for access to and use of our website or our services. On this basis our total aggregate liability for any losses and/or damage suffered by you will be limited to 9000INR.

You agree that the limitations of warranties and liability set out in these Terms will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.

By using our services, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not our service.

DURATION OF OUR SERVICES AND ENDING THIS AGREEMENT

We reserve the right at any time to terminate your agreement with us and your use of our website or any products or services contained in or obtained through our website, with or without cause, immediately upon our giving you notice in writing to the email address provided by you when you registered for your account (or any email address you subsequently provide).

If you no longer wish to receive our services you can close and delete your account by visiting the 'My Account' section and clicking on 'Delete Account'. Please note that once deleted, your account cannot be recovered and you will not be able to access the credit or other information we hold about you through our website.

Please note that if you withdraw consent to the processing of your personal information, access to our website, apps and the associated services will be suspended or terminated. We may keep records or data derived from your personal information in accordance with our Privacy Notice.

GENERAL

The headings used in these Terms are for convenience only and shall not affect their interpretation.

In these Terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.

Use of the words, includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.

We shall not be liable for any delay or failure to provide our services or perform any obligation under these Terms if the delay or failure is caused by circumstances beyond our reasonable control.

Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Failure or delay by us in enforcing these Terms shall not be a waiver of that or any other provision of these Terms.

You may not assign any of your rights or obligations under these Terms.

These Terms (including our Privacy Notice and Cookies Policy) constitute the whole agreement and understanding between you and us in relation to the use of our services. By using our website or our services you consent and agree to the processing of your personal information and our use of cookies in accordance with them. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Terms or your use of our website or our services are superseded, except as otherwise expressly stated in these Terms.

You agree that any notices and other communication may be given by us by email or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you 24 hours after email or posting.

DISPUTES AND APPLICABLE LAW

The relationship between you and ClearScore shall be governed by laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of Mumbai.

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