PLEASE READ THE ABOVEMENTIONED TERMS AND CONDITIONS AND CLICK ON “ACCEPT” OR “PROCEED” OR “SUBMIT” YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN BELOW AND APPOINT EARLYSALARY IN ITS CAPACITY AS YOUR AUTHORISED REPRESENTATIVE.
This Terms and Conditions (the "Terms and Conditions") is made between you (the "User" or "You") and Earlysalary Services Private Limited, ("ES", "Us", "We", "EarlySalary" which term shall include its successors and assigns). The User and ES shall be collectively referred to as the "Parties" and individually as a "Party".
1. DEFINITIONS
Capitalized terms used herein but not defined above shall have the following meanings:
"Business Day" means a day (other than a public holiday) on which banks are open for general business in Pune.
"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.
"Credit Information" means collectively the Credit Information Report, Credit Score and Credit Data Analysis Deliverables;
Credit Information Report means the credit information reports which shall be generated by the Credit Bureaus by using their tools, algorithms and devices including, but not limited to, the credit history, the credit behaviour of the Individual Consumer or any other information provided in such credit information report which is construed as “credit information” as defined under the credit information laws, as may be provided at the sole discretion of the Credit Bureaus;
"Credit Score" means the score which shall be set out in the Credit Information Report and the Credit Data Analysis Deliverables including such credit scores constituting ‘credit scoring’ as defined in the credit information laws, as may be provided at the sole discretion of the Credit Bureaus, by using their tools, algorithms and devices;
"Credit Data Analysis Deliverables" means the Credit Score, inferences, rule sets in relation to the Credit Information of the Individual Consumer computed by the Credit Bureaus by using their tools, algorithms and devices including, but not limited to, the credit history, the credit behaviour of the Individual Consumer and any other information provided in such Credit Information Report and sent to the EarlySalary Platform, and, the Individual Consumer’s e-mail, with appropriate aggregations;
"Credit Bureaus" CIBIL or such other agencies appointed by EarlySalary from time to time, which has obtained a certificate of from Reserve Bank of India (RBI) as required under CICRA.
"DLA" shall mean Digital Lending Application and shall have the meaning as defined under the Digital Lending Guidelines as published and updated from time to time by the Reserve Bank of India.
"EarlySalary Platform" means the EarlySalary website located at https://www.earlysalary.in , and all associated sites linked to https://www.earlysalary.in, or any similar platform;
"LSP" shall mean Lending Services Provider and shall have the meaning as defined under the Digital Lending Guidelines as published and updated from time to time by the Reserve Bank of India.
"Permitted Purpose" means use of the Credit Information and your KYC data and other personal data being provided by you and provided by the Credit Bureaus and other business partners of ES to EarlySalary in the capacity of your authorized representative for the purpose of providing you access to the said Credit Information and targeted offers and for the purpose of your ongoing assessment to provide you with best offers , pursuant to the your consent and Authorization.
Unless otherwise specifically defined in these Terms and Conditions, the capitalized words and expressions used in these Terms and Conditions but not defined herein shall have the meaning assigned to them in the privacy policy, or the general terms and conditions as available on the EarlySalary website.
2. REGISTRATION AND AUTHENTICATION
You agree that by clicking on “Proceed” or “Submit” or “Agree” and you agree for providing your details to EarlySalary on DLA pursuant to your request for availing the Services (as defined below) and have provided your unconditional and unequivocal consent for appointing Earlysalary as your authorized representative for sharing your details provided by you herein with the Credit Bureaus and other business partners and obtaining your Credit Information from the Credit Bureaus and such other information for Permitted Purpose, as more particularly captured in these Terms and Conditions ("Authorization").
You hereby agree that by accessing and by accepting these terms and conditions and providing these permissions, you understand and acknowledge that EarlySalary provides different products related to lending within the framework as established by the Reserve Bank of India (hereinafter referred to as “Services”).
By appointing EarlySalary as your authorized representative you hereby unequivocally and unconditionally authorize EarlySalary to instruct the Credit Bureaus and other business partners of ES, their affiliates and suppliers, to obtain, receive and compile your Credit Information and other information on your behalf and use the same for the Permitted Purposes. You agree and accept that this Services is being provided to help you better understand your Credit Information and to provide you with targeted/personalized offers for products and services from EarlySalary and its business partners, service providers, affiliate. You hereby expressly grant unequivocal and unconditional consent to, and direct, the Credit Bureaus to deliver and/or transfer your Credit Information to EarlySalary on your behalf.
You hereby authorize EarlySalary to do all of the following in connection with providing you the Services: (i) verify your identity and share with the Credit Bureaus including certain personal identifiable information about you; (ii) request and receive your Credit Information from the Credit Bureaus, including but not limited to a copy of your Credit Information Report, your Credit Score at any time or multiple times, notwithstanding no Request has been raised by you for the same, during a period of 01(One) Year starting from when these Terms and Conditions are accepted by you, or, till your account with EarlySalary is de-activated either by yourself or by EarlySalary, or, till the time you make a request with EarlySalary to opt out of this Service, whichever is earlier; (iii) request and receive back information and/or reports from the business partner of ES of you (iv) retain a copy of your Credit Information or other information/report which you have given EarlySalary access to under this Authorization, for use in accordance with these Terms and Conditions (v) collect store and verify your KYC documents.
In this context, you agree that should you express your interest to avail any personalized offers, EarlySalary shall contact you through message, SMS, WhatsApp or voice and the same shall not be regarded as unsolicited commercial communication.
You further agree that EarlySalary may use and analyse your Credit Information and other details provided by you on the DLA to provide you with customized recommendations, general information and personalized offers of the products and services of EarlySalary and/or its business partners. EarlySalary may send you such offers via email, text, SMS, WhatsApp or online display or other means of delivery in EarlySalary’s reasonable sole discretion.
You agree and hereby give your specific consent for the Authorization and the consent provided by you under these Terms and Conditions to be shared by EarlySalary with Credit Bureaus and ES business partners. You agree and acknowledge that the Services shall be provided to you in manner consistent with the terms and conditions of the arrangement between EarlySalary and Credit Bureaus/ES business partners.
You agree that you shall be required to enter your details as requested by EarlySalary on the DLA at the time of Authorization and/or every time you make a request for your Credit Information or other information. You provide your unconditional and unequivocal consent to EarlySalary to share these details provided by you with the Credit Bureaus and ES business partner, for the purpose of providing you with the Services. You agree that your Credit Information may be requested by you on the DLA any time for a period of 01 (One) year starting from when these Terms and Conditions are accepted by you, or, till your account with EarlySalary or this Service is de-activated either by EarlySalary or by yourself, or, till the time you make are request with EarlySalary to opt out of this Service, whichever is earlier. On completion of 01 (One) years, a written communication shall be sent to your registered email id and you shall have the option to opt-out/unsubscribe from this Service. You hereby agree that your Authorization shall be continuous with your account with EarlySalary, which will enable EarlySalary to provide you with your Credit Information and such other information from time to time and the consent provided by you shall be valid as long as you have an active account with EarlySalary.
3. YOUR ACCOUNT
To avail the Service, you must have a valid account with EarlySalary, or, must create a valid account with EarlySalary. By registering with EarlySalary, you agree and certify that:
You agree and acknowledge that you are responsible for maintaining the confidentiality of your EarlySalary account, including but not limited to your login ID and password, your Credit Information/Information/Report and for restricting access to your device (“Device”) through which Credit Information/Information/Report can be accessed through DLA. You understand and acknowledge that it shall be your responsibility, along with the protection manner implemented by the Company, to protect your Device from any harmful and destructive software, programs, code including but not limited to viruses that could result in the breach of confidentiality of your EarlySalary account or your Credit Information/Information/Report. You agree to accept responsibility for all activities that occur under your account or password including any request from your account. You agree to notify EarlySalary immediately of any unauthorized use of your account or any other breach of security.
You also agree that the data collected and stored by ES, can be used by ES for providing all of its services also it can be shared with our LSP and/or business partners and/or co-lending partners for providing products and services offered by the LSP/business partners/co-lenders, however our LSP shall not store any data part from basic minimal data required for providing services.
You also agree and acknowledge that the KYC details and documents collected, verified and stored by EarlySalary, can be used can be shared with our co-lending partners for the purpose of co-lending services. You further agree and acknowledge that our co-lending partners, shall be verifying all the KYC documents and details shared by you separately in compliance with the regulatory requirements.
You hereby agree, acknowledge and authorize EarlySalary and its employe to contact through telephonic calls, or SMS on my mobile number or through any other communication mode, to provide me/us transactional information, various loan offer schemes or loan promotional schemes or any other promotional schemes or for any other communication.
EarlySalary reserves the right to refuse service, terminate accounts, in its sole discretion. Notwithstanding the above, EarlySalary retains the right at its sole discretion to deny access to anyone to the Services that are offered on the DLA, at any time and for any reason, including, but not limited to, for violation of these Terms and Conditions, or of the EarlySalary’s Privacy Policy https://www.earlysalary.in/privacy-policy/ , as appearing on the EarlySalary website. You agree and acknowledge that the Terms and Conditions of the Credit Bureaus or ES business partner shall also apply to your use of this Service.
You further, agree and acknowledge that EarlySalary and it co-lending partner shall be sharing your data with the Credit Bureaus for the purpose of reporting your credit behavior and transaction, either jointly or severally in compliance with the regulatory requirements.
4. SUSPENSION/TERMINATION AND DEACTIVATION OF YOUR ACCOUNT
EarlySalary may suspend or terminate your account or your use of the Service at any time without notice, if EarlySalary suspects that any information / documents that you have provided are untrue, inaccurate, not current, or incomplete or if is suspects that you are in breach of any of these Terms and Conditions, or, of the EarlySalary’s Privacy Policy, as appearing on the EarlySalary website. Further, EarlySalary reserves the right to withdraw, discontinue or stop the provision of this Service, at any time, at sole discretion of EarlySalary and your use of such Service shall automatically terminate/end ("Termination").
Notwithstanding anything captured in these Terms and Conditions, any clause of these Terms and Conditions that by its nature is intended to survive the Termination shall survive such Termination.
Upon Termination, your right and license to access and/or use the Service immediately ceases. If the Termination involves the termination of your account with EarlySalary, your User ID shall be deactivated and you will no longer be able to access or use the Service. Further, your personal information that is in the possession of EarlySalary will be dealt with in accordance with our Privacy Policy.
5. DISCLAIMER OF WARRANTIES AND LIABILITY
This Service is for informational purposes only and is intended to provide helpful and informative material on the subjects addressed. EarlySalary does not control your Credit information, Credit Information Report and Credit Score or any other Information or Report generated under the Services, which is a statistical analysis of information contained in your credit file as maintained in the system and database of the Credit Bureaus or the business partner of ES and we cannot change that information for you. However, if information in your report is inaccurate and is affecting your score, you have the right to dispute it directly with the Credit Bureaus through their website.
Credit Information and/or services offered under the Services on the EarlySalary Platform are provided "as is" without any express or implied warranty of any kind, including warranties of correctness, completeness, accuracy, merchantability, fitness for a particular purpose, or non-infringement. In no event shall EarlySalary be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages arising out of the use or inability to use the Credit Information, the DLA, or any linked web site, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other action, even if EarlySalary is advised of the possibility of such damages.
You agree and acknowledge that information and content, including but not limited to the Credit Information or other Information/Report, provided on or through the DLA and the Individual Consumer’s access of the EarlySalary Platform does not create a client-consultant or any other professional relationship between you and the Credit Bureaus or between you and EarlySalary or other business partners of ES. By providing you with the Services on the DLA, the Credit Bureaus or EarlySalary is not engaged in rendering any industry-related, legal, accounting, tax, consulting, investment or other professional advice or services to you or any other party. The information and content, including but not limited to the Credit Information, provided on or through the DLA, is not intended to be relied upon for making business, investment or other decisions.
You agree and acknowledge that you are availing this Service on our own free-will and risk and neither EarlySalary nor the Credit Bureaus, shall be liable for any loss or damage resulting from your availing the Services, or, otherwise from the use of the DLA, or, from the use of the Credit Information/Information/Report provided by the Credit Bureaus through the DLA. You hereby agree and acknowledge, that the sharing of your Credit Information by the Credit Bureaus or other business partner of ES with EarlySalary in relation to the Services being availed by you is only upon your request and consent and convenience and does not imply any affiliation, endorsement, approval, investigation, verification or monitoring by the Credit Bureaus or EarlySalary or ES business partner of any content or information, including but not limited to the Credit Information or Information or Report, contained within or provided by the Credit Bureaus or other business partner of ES. You acknowledge that neither the Credit Bureaus/other business partner of ES nor EarlySalary, control the accuracy, completeness, timeliness or appropriateness of the content or information, including but not limited to the Credit Information, provided by the Credit Bureaus or other business partner of ES.
6. LIMITATIONS AND RESTRICTIONS ON USE OF THE SERVICE
You agree to use the Service only to access your Credit Information and other Information and agree to provide your true, accurate and current information such as your full name, date of birth, address of residency, PAN number, mobile number and any other information as sought for in the DLA while raising a request for your Credit Information and other Information/Report on the DLA (“Request”). The Service provided herein is subject to you providing your true and accurate information while raising the Request and providing all the required documents, if any, as requested by EarlySalary. Each Request shall be for the Credit Information/other Information of one person only and an Individual Consumer can raise a Request for his Credit Information/other Information only, even if he has access to the personal details of any other consumer or an authorization from any other consumer, including, but not limited to his siblings, spouse, parents, relative, etc. There may be a failure to process a Request by EarlySalary or by the Credit Bureaus or other business partners of ES in the event the particulars, details and/or the documents, furnished by you, do not match the information existing with the Credit Bureaus and/or EarlySalary and/or other business partners of ES, for any reason whatsoever, including but not limited to, data not accepted by the data collection system maintained by the Credit Bureaus or EarlySalary or business partners of ES or incomplete upload of data provided by you in relation to this Services. There may also be a failure to process your Request if the authentication process as may be prescribed by EarlySalary is not successfully completed. EarlySalary shall inform you of such failures.
Any analysis and estimates provided by EarlySalary as part of the Services are for illustrative and informational purposes only. The analysis and estimates are based on certain assumptions and use only the information available with The Credit Bureaus. The analysis and estimates, referred to herein, are neither endorsed by, nor commissioned by EarlySalary or the Credit Bureaus or any of EarlySalary’s marketing partners. The methodology which EarlySalary uses to determine which offers, analysis, or other information is presented or highlighted is proprietary and EarlySalary may elect to consider, ignore, emphasize, or de-emphasize certain factors in its sole and absolute discretion.
EarlySalary does not guarantee that the information EarlySalary present’s as part of our Services, including but not limited to the Credit Information, Credit Information Report or Credit Score, is the same information that may be used or reviewed to assess your creditworthiness or eligibility for any particular product or service.
7. CONFIDENTIALITY
Since it affects your use of the Services, please review our “EarlySalary Website” and EarlySalary’s Privacy Policy, as appearing on the EarlySalary website. EarlySalary collects, uses and discloses information about you as provided in EarlySalary’s Privacy Policy. EarlySalary’s Privacy Policy is incorporated into these Terms and Conditions by way of reference, and you agree to accept the terms of the Privacy Policy as a condition to your acceptance of these Terms and Conditions.
EarlySalary shall use all reasonable physical, administrative, technical and organizational measures to help protect your Personal Data from any loss, unauthorized access or use, or modification or disclosure thereof. EarlySalary will not share your Personal Data including but not limited to your Credit Information except (1) as necessary for us to process your Request, (2) as permitted by law, and (3) as required by the government, law enforcement or an order of the court. EarlySalary shall not be liable for any wrongful disclosure of your Personal Data, including but not limited to your Credit Information, except where such disclosure is due to any act or omission directly attributable to EarlySalary.
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless EarlySalary, the Credit Bureaus and their affiliates, their respective officers, directors, employees, agents, licensors and suppliers, business partner of ES and affiliates, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use the Services or your violation of these Terms and Conditions or any other terms and conditions applicable to Service, or your violation of the intellectual property rights of EarlySalary, Credit Bureaus, ES business partner or any other party from or in connection with your Authorization or use of your Credit Information/information/report.
9. LINKS TO OTHER WEB SITES
For purposes of convenience, EarlySalary's site may contain links to third party web sites. EarlySalary makes no representations or warranties about any third-party web site that you may access through the links. By providing a link to those web sites, EarlySalary does not endorse, adopt, or otherwise accept any responsibility for the content or use of those web sites.
10. COMPLIANCE, APPLICABLE LAWS
You must comply with all applicable laws when using the Services. You are not permitted to use the Services under any false pretences or in violation of applicable laws. You agree to indemnify and hold harmless EarlySalary, or any of its officers, directors, employees, agents, licensors and suppliers, from any claims or losses, if it is subsequently found that the Credit Information, Credit Score or the Credit Information Report or other information/report was obtained by you under any false pretences or was in violation of any applicable law.
11. OTHER TERMS AND CONDITIONS
12. ADDITIONAL TERMS
In addition, by agreeing to be bound by these Terms and Conditions, you agree and acknowledge that the use of this Service shall also be governed by the Privacy Policy of ES available on the EarlySalary to which you agree to be bound with.
13. CONTACT US DETAILS
In case of any queries with respect ES Services, please visit the 24*7 Help section on Fibe.in website.
You hereby represent and acknowledge that you have carefully read and understood these Terms and Conditions in relation to the Services being availed by you and you hereby provide your acceptance to the same.
14. GOVERNING LAW AND JURISDICTION
The relationship between you and ES 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 Pune .