Tata Neu

Terms & Conditions

DIGITAL LENDING TERMS & CONDITIONSTata Digital Private Limited ( “we”, “our” or “us”) is acting as an intermediary for making available loans, credit facilities in the nature of buy now pay later limits (“Tata Pay Later”) and personal loans and any other similar product (together “Lending Services”) to its users(“Users” or “you”), on Tata Neu (including sub-domains and microsites), as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”) in collaboration with our lending partners and co-lender, if any, engaged by lending partner from time to time (collectively, “Lenders”). A list of our Lenders is provided in Annexure I.These Digital Lending Terms and Conditions (“Terms”) constitute a legally binding agreement made between you and Tata Digital Private Limited, concerning your access to and use of the Lending Services.You agree that by availing the Lending Services, you have read, understood, and agree to be bound by:

these Terms;
the Privacy Notice documented in Annexure II of these Terms; and
the Tata Pay Later Terms and Conditions which govern the provision of the Tata Pay Later Services documented in Annexure III of these Terms;
the personal loan Terms and Conditions which govern the provision of personal loans as captured in Annexure IV of these Terms.

IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE PROHIBITED FROM USING THE LENDING SERVICES AND YOU MUST DISCONTINUE USING THE SAME IMMEDIATELY.Supplemental terms and conditions or documents that may be posted on the Platform from time to time and are hereby expressly incorporated herein by reference. We reserve the right, in our discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the ‘Last updated’ date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of such updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Lending Services after the date such revised terms are posted.DEFINITIONSIn these Terms, capitalised words not already defined shall have the following meaning:Credit Information Companies/CICTransUnion CIBIL Limited (Formerly Credit Information Bureau (India) Limited), Equifax Credit Information Services Private Limited, Experian Credit Information Company of India Private Limited, CRIF High Mark Credit Information Services Private Limited or any other credit information companies which has been granted a certificate of registration by Reserve Bank of India (RBI).Credit InformationAny information relating to (i) the amounts and the nature of loans or advances, amounts outstanding under credit cards and other credit facilities granted or to be granted, by a credit institution to any User; (ii) the nature of security taken or proposed to be taken by a credit institution from any User for credit facilities granted or proposed to be granted to him; (iii) the guarantee furnished or any other non-fund based facility granted or proposed to be granted by a credit institution for any User; (iv) the credit worthiness of any User as a borrower of credit institutions; or (v) income and/or expense details of any User and any other matter which the Reserve Bank of India may, consider as credit information.DataPersonal information, including sensitive personal information (as defined under Data Protection Laws) about you, which we collect, receive, or otherwise process in connection with your use of our Lending Services and as more specifically set out in Clause 3.4. below.Data Protection LawsAny applicable law in India for the time being in force relating to the processing of Data.KYCDocuments under the ‘know your customer’ guidelines issued by the Reserve Bank of India and shall include address proof, identity proof, income proof, PAN or such other officially valid documents.REGISTRATION

Eligibility

To avail Lending Services on our Platform you must:

be at least 18 years of age;
be a citizen and tax resident of India and not resident of any other country;
not be barred from or otherwise legally prohibited from accessing or availing the Lending Services or any other service of Tata Digital Private Limited;
be capable of entering into a contract/legally binding agreement;
avail the Lending Services and any loan proceeds only for legitimate purposes and not use the Lending Services and any loan proceeds for any illegal or prohibited purposes.

If you do not meet our eligibility requirements, you may not be able to avail the Lending Services. We reserve the right to refuse access to or to discontinue Lending Services to any person or entity, at any time for any reason.

Credentials and Security

To avail and access the Lending Services, you shall have an active account on the Platform (“Membership Account”).Your email address/phone number and a password that you select will be used to access the Platform (“Credentials”).
We treat all activities under a Membership Account to be those of the registered User. User shall avail the Lending Services only through their own Membership Account and not on behalf of any other person or entity. You shall update registration information linked to the Membership Account promptly upon any change and ensure that it is complete and accurate at all times.
You are responsible for maintaining the secrecy and security of your Credentials and for restricting access to personal devices and systems that may store the Credentials, and you agree to accept responsibility for all activities that occur under your Membership Account or Credentials. You should not disclose your Credentials to any third party.

User Representations

By using the Lending Services, you represent and warrant that:

all information you submit will be true, accurate, current, complete, and not misleading;
you will maintain the accuracy your information and promptly update such information as necessary; and
you will not use the Lending Services for any illegal or unauthorized purpose.

In case of a breach of the representations in this Clause 2.3.1 or of any other part of these Terms, we and/or our Lenders have the right to: suspend or terminate your use of Lending Services and take any such recourse, as available to us and/or our Lenders under applicable law.

OUR ROLE

Disclaimer & Disclosures

As a lending service provider, we only provide you the Platform through which you can avail the Lending Services from the Lenders. It is clarified that we do not provide the loan and/or under the Lending Services to the User and our Lenders are the entities registered with RBI and authorised to provide the relevant loan and/or credit under the Lending Services.

Lending Services including but not limited to approval, issuance, extension and closure shall be subject to and governed by the Lender’s terms and conditions, loan agreement, loan application form, privacy policy and/or any other documents accepted or executed by the you as part of the loan processing process (“Loan Documents”).

The Loan Documents shall govern the borrower and lender relationship between you and the Lender. The Lender will share these documents through email/SMS with you and/or will make it available on the Lender’s website/app. We may also make some of the documents/information available on the Platform as per your consent and/or the information provided by the Lender.
We shall not take any responsibility or be held liable in any manner whatsoever for the Lending Services being offered by the Lenders on the Platform or any acts or omissions of the Lender or any other person (other than Tata Digital Private Limited) acting on behalf of the Lender.
We have no role in determining the KYC procedure, credit analysis, sanction/approval/rejection of the loan and it shall be at the sole discretion of the Lender. The sanction/approval of loan shall be subject to credit analysis, completion of KYC requirement, execution of Loan Document by the User to the satisfaction of the Lender. We will not mediate disputes between you and any Lender or enforce or execute the performance of any Loan Documents.
We may receive fees or commission from the Lender for providing the Lending Services to the Lender or making the Platform available to the Lender.
We will endeavour to provide the Lending Services on a best effort basis, and do not guarantee, represent or undertake that the Lending Services will be available all times, to all Users or will be free of any errors or defects. We shall not be held liable for any interruptions in providing the Lending Services. Further, Users’ access to the Platform or Membership Account for availing Lending Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.

Disbursement
On completion of entire loan application process including but not limited to KYC procedure, credit analysis, acceptance of Loan Documents, setting up of eNach or any other method for repayment and/or payment of fees/charges, the Lender shall disburse the loan amount directly into the bank account of the User or the final third-party beneficiary (example, relevant merchant).

Repayment Facilitation

Repayment of the loan and/or credit granted under the Lending Services is governed by the terms of the Loan Documents or as notified by the Lenders from time to time. We and our Lending Partners may make various modes and mediums available for repayment.

You authorise us to send SMS, push notification or show alerts through the Platform to show the details of the pending amount to be paid by you to the Lender, and/or to nudge you to make the payment to the Lender directly, as the case maybe. Any such amount shall be displayed by us basis the information received from the Lenders.
You agree and understand that it is your obligation to make the repayment under the Lending Services to the Lender on the due date. In case of non-payment on the due date, the Lender may charge default interest, additional fees or penalty as per the Loan Documents. The User understands and undertakes that User cannot change and shall not close this bank account till any amount is outstanding under the Lending Services provided by the Lender.
You agree and understand that in case of default of payment of the outstanding amount or breach of any terms and condition of the Loan Documents, the Lender may, at its sole discretion, initiate appropriate legal/recovery proceedings or take any other action against you as per applicable law and/or as per the Loan Documents. You understand and agree that we shall not be liable for any such action initiated by the Lender.

Usage And Sharing of Data

You understand that based on Data (including but not limited to name, age, address, PAN, identity documents or other data collected with your consent) and other information (including but not limited to transaction value/volume through the Platform and information in your existingMembership Account) available with us, you may be shown indicative loan offers. It is not a commitment from us and/or the Lenders to provide any loan/credit Lending Services.
You agree and acknowledge that for undertaking the Lending Service, we (or the Lender) may seek additional Data or other information from the Users which you are obliged to give, for ascertaining eligibility for availing the loan and processing your application under the Lending Services.
You agree that we may share your existing as well as any additional Data and other information including KYC details/documents, bank account details, and/or transaction value/volume with our group entities/Lenders/third party entities or Credit Information Companies for the purpose of fulfilling the Lending Services.
You agree and understand that the KYC procedure may be carried out by the Lenders through any permissible means including through Central KYC Records Registry, DigiLocker, Aadhar based offline or online KYC, Video KYC and/or Digital KYC or a combination of permissible means as per applicable laws, and consent to the Lender carrying out the KYC procedure.
You further authorize the Lender to share loan related information including but not limited to loan amount, loan agreement, disbursal, repayment, collection, and any other information from time to time with us. You further authorize us to access your loan related information and use the information to send notifications on the Platform and/or to provide Tata Digital Private Limited services from time to time.
We may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us. You may also be required to provide one time access to your location, mobile camera, device id or select other security access keys or credentials that may be used to enable your access to the Lending Services and authorize transactions.
You agree and understand that basis your consent we and/or the Lenders shall pull your Credit Information from CICs, for the purpose of assessing your credit worthiness. The Lender shall use, collect, verify and process the Credit Information received from CICs or from other sources for the purpose of the credit checks and processing of loan application.
You are responsible for maintaining the secrecy and security of your Credentials and for restricting access to personal devices and systems that may store the Credentials, and you agree to accept responsibility for all activities that occur under your Membership Account or Credentials. You should not disclose your Credentials to any third party.
You are responsible for all losses relating to an unauthorized transaction from your Membership Account and/or using your Credentials including but not limited to when you have acted fraudulently or failed, either intentionally or negligently, to use your Membership Account in accordance with these Terms, to protect your Credentials, or to notify us of any unauthorized transaction at: customercare@tataneu.com. We will not be responsible for any unauthorized transactions undertaken through your Membership Account and/or using your Credentials.

TERM AND TERMINATION

Term.

These Terms commence on the date that you apply to or avail Lending Services on the Platform from any of the Lenders. These Terms shall continue unless and until terminated in accordance with the provisions of this Clause 4.

Termination

You may initiate termination of these Terms by contacting us at customercare@tataneu.com. We may terminate the provision of the Lending Services and these Terms, for any reason at any time without written notice to you.Further, we may suspend your access to our Platform and block access to your Membership Account and deactivate it under the following circumstances:

you have violated the terms of these Terms;
you provide or have provided false, incomplete, inaccurate, or misleading information or otherwise engaged in fraudulent or illegal conduct;
we have security concerns regarding your Membership Account, including your Credentials; or
we suspect unauthorized or fraudulent use of your Membership Account.

In such cases we will inform you of the deactivation of your Membership Account and the reasons for it, where possible, before the deactivation and in any event promptly thereafter, unless we determine that giving such information would compromise security concerns or is prohibited by applicable law. We will reactivate your Membership Account or Credentials, or replace it or them, as applicable, once we have resolved the reasons for deactivation to our satisfaction.Effect of Termination Upon termination of these Terms for any reason:

Your existing relationship with any Lender (including any Loan Documents executed between you and the Lenders) will continue in accordance with the terms as determined by the Lenders;
you will remain liable to the Lenders for all re-payment obligations including any interest, charges, penalties and other obligations that have been incurred by you with respect to your use of Lending Services;
your access to the Platform will be terminated and your Membership Account will be deactivated.

SurvivalClauses 3 (Our Role), 4.3 (Effect of Termination), 5 (Communications), 6 (Intellectual Property), 7 (Indemnity and Limitation of Liability) and 8 (Miscellaneous) of these Terms shall survive and remain in effect upon the termination of these Terms.COMMUNICATIONSWe may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. Through your use of our Platform and the Lending Services, you consent to receiving communications including SMS, WhatsApp, e-mail or phone calls from us with respect to your use of the Lending Services.

INTELLECTUAL PROPERTY

Tata Digital Private Limited, its licensors and their respective affiliates, as the case maybe, are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Tata Digital Private Limited and its affiliates. The Users shall not use the Intellectual Property in any manner whatsoever without our prior written consent. Users shall not, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.

All material on the Platform is protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without our prior written consent, modification of the materials, use of the materials on any other platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

INDEMNITY AND LIMITATION OF LIABILITY

Indemnity

You shall indemnify and hold harmless Tata Digital Private Limited and its affiliates, and their respective officers, directors, agents, employees and representatives, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of:

your use of Lending Services;
breach of your representations, warranties, or obligations set forth in these Terms;
any dispute or litigation caused by your actions or omissions;
your negligence or violation or alleged violation of any applicable law, rules or regulations or the rights of any third party;
any unauthorised transaction using your Credentials under the Lending Services.

Release

You hereby expressly release Tata Digital Private Limited and its affiliates and/or any of their directors, officers, employees, agents and representatives from any direct or indirect cost, damage, liability or other consequence of any actions or omissions of any Lender and specifically waive any claims or demands that you may have in this regard under any statute or contract, in equity, or otherwise.

We and our affiliates are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any Lenders, or assume any liability for the actions or omissions, the content of their marketing materials, websites or other sales channels and any other third-parties.

MISCELLANEOUS

Disclaimer of Warranties

THE LENDING SERVICES AND ALL RELATED INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TATA DIGITAL PRIVATE LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO LENDING SERVICES OR THE PLATFORM INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY, RELIABILITY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) THAT THE LENDING SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE, UNLESS OTHERWISE SPECIFIED IN WRITING.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE LENDING SERVICES. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LENDING SERVICES.APPLICABLE LAWThe laws of India without regard to the principles of conflict of laws will govern these Terms and any dispute of any kind that may arise between you and Tata Digital Private Limited.

DISPUTES

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute") brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90)days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction in respect thereof. Each Party shall nominate and appoint a competent arbitrator. The two nominee arbitrators shall jointly appoint the third arbitrator who shall be the chairman of the arbitration panel.
You agree that you shall only be entitled to pursue remedies under this Clause 8.3 in case of any Dispute with Tata Digital Private Limited or in case of a Dispute with any other person, including any Lender, to which Tata Digital Private Limited is sought to be made a party by you or such other person, and that you shall not seek any other relief or initiate any other proceedings, including under the Consumer Protection Act, 2019.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.

Exceptions to ArbitrationThe Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
any claim for injunctive relief.

Subject to foregoing provisions of this Clause 8.3, Disputes arising from or relating to Lending Services shall be subject to the exclusive jurisdiction of courts at Mumbai, India.SEVERABILITYIf any of the terms and conditions of these Terms shall be deemed invalid, void, or for any reason unenforceable, such terms and conditions shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions of these Terms.ASSIGNMENTYou may not assign or transfer any rights, obligations, or privileges that you have under these Terms without the prior written consent of us and our Lenders. Subject to the foregoing, these Terms will be binding on each party’s successors and permitted assigns. Any assignment or transfer in violation of these Terms will be deemed null and void. We shall have the right to assign these Terms without your prior consent or intimation to you.WAIVEROur waiver of any breach of these Terms by any User will not constitute a waiver of any other prior or subsequent breach of these Terms. Our failure to insist upon strict compliance with the provisions of these Terms by any User will not be deemed a waiver of any rights or remedies that we may have against that or any other User. We may waive compliance with these Terms in our sole discretion.ENTIRE AGREEMENTThese Terms, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except in writing or by making such amendments or modifications available on the Platform.LEGAL ACTIONNothing contained in these Terms will limit us or our affiliates in the exercise of any legal or equitable rights or remedies.GRIEVANCE REDRESSALThe User may reach out to Tata Digital Private Limited for any complaints/queries/issues in relation to the loan at the below mentioned details:Name: Vani M, Lead - Customer ExperienceE-mail ID: grievance.lending@tatadigital.comWe shall endeavour to resolve any such complaints/queries/issues in coordination with the Lenders. We may have to direct the User to the Lenders for resolutions of some of the complaints/queries/issue. Alternatively, the User may reach out to the Lenders for any complaints/queries/issues as per details mentioned in the Loan Documents.Annexure IAUTHORISED LENDERSA list of our authorized Lenders is as follows:

Tata Capital Financial Services
IIFL Finance Limited
Capfloat Financial Services Private Limited
DMI Finance Private Limited

Please note that the above list may be modified from time to time. We advise you to periodically review this list to stay informed of updates regarding our authorized Lenders.Annexure IIDIGITAL LENDING PRIVACY NOTICETata Digital Private Limited ( “we”, “our” or “us”) is acting as an intermediary for making available loans, credit facilities in the nature of buy now pay later limits (“Tata Pay Later”) and personal loans and any other similar product (together “Lending Services”) to its users(“Users” or “you”), on Tata Neu (including sub-domains and microsites), as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”) in collaboration with our lending partners and co-lender, if any, engaged by lending partner from time to time (collectively, “Lenders”).We take the privacy of your information seriously. This Privacy Notice describes the types of personal information we collect from you through our Platform and all other mediums through which we offer Lending Services. It also describes the purposes for which we collect that personal information, the other parties with whom we may share it and the measures we take to protect the security of your data. It also tells you about your rights and choices with respect to your personal information, and how you can contact us about our privacy practices.You are advised to carefully read this Privacy Notice before using or availing any Lending Services through our Platform.DEFINITIONS AND KEY CONCEPTSIn this Privacy Notice, the following definitions are used:DataPersonal information, including sensitive personal information (as defined under Data Protection Laws) about you, which we collect, receive, or otherwise process in connection with your use of our Platform and as more specifically set out in Clause 2 below.CookiesA small file placed on your device by our Platform when you either visit or use certain features of our Platform. A cookie generally allows a website or mobile application to remember your actions or preference for a certain period of time.Data Protection LawsAny applicable law in India for the time being in force relating to the processing of Data.Lending PartnersSelect banks, non-banking financial institutions (including the co-lenders, if any, engaged by Lending Partner from time to time) and other financial institutions with whom we have contracts for the purposes described in this Privacy Notice.Service ProvidersEntities (including financial institutions and Credit Information Companies) which provide services to us and to whom we may disclose your Data for a specific purpose pursuant to a written contract.Tata Digital Private LimitedTata Digital Private Limited, a company incorporated in India whose registered office is at Army & Navy Building, 148 M. G. Road, Fort, Mumbai 400001, IndiaUser or youThe natural person who accesses our Platform and accesses or avails the Lending Services.WHAT DATA DO WE COLLECT ABOUT YOUWhen you visit our Platform or avail any Lending Services, we may collect certain Data about you. This Data includes, without limitation, the following categories:

Personal information:first and last name, age, employment status, nationality, date of birth, gender and other similar data.
Contact information: email address, postal address, country, phone number and other similar contact data.
Financial information: credit limit, credit score, credit information report, payment information (such as method, mode and manner of payment), preferences, spending pattern or trendsand other similar data.
Transaction information: date of the transaction, transaction amount, transaction history and related details.
Facility specific information: photograph, signature image/specimen, proof of income, PAN, address proof, identity proof and such other similar information.
Technical information: Platform usage, Internet Protocol (IP) address, your participation in any marketing program, promotions, one time access to your device (such as camera, microphone or location for onboarding/KYC requirements) and similar information collected via automated means, such as cookies, pixels and similar technologies which collect information in relation to the applications on your device and your financial SMSs.
Feedback information:Your reviews, feedback, opinions, correspondences about our Platform, products and services.

In addition to the above we also collect your Data in the following manner for providing better Lending Services to You:COLLECTION OF FINANCIAL SMS INFORMATIONWe don’t collect, read or store your personal SMS from your inbox. We collect and monitor only financial SMS sent by 6-digit alphanumeric senders from your inbox which helps us in identifying the various bank accounts that you may be holding, cash flow patterns, description and amount of the transactions undertaken by you as a user to help us perform a credit risk assessment which enables us to determine your risk profile and to provide you with the appropriate credit analysis. This process will enable you to take Lending Services from Lending Partners available on the Platform. This Financial SMS data also includes your historical data.COLLECTION OF DEVICE INFORMATIONInformation the Platform collects, and its usage, depends on how you manage your privacy controls on your device. When you install the Platform, we store the information we collect with unique identifiers tied to the device you are using. We collect information from the device when you download and install the Platform and explicitly seek permissions from You to get the required information from the device. The information we collect from your device includes the hardware model, build model, RAM, storage; unique device identifiers like serial number, SSAID; SIM information that includes network operator, roaming state, MNC and MCC codes, WIFI information that includes MAC address and mobile network information to uniquely identify the devices and ensure that no unauthorized device acts on your behalf to prevent frauds.

COLLECTION OF INSTALLED APPLICATIONS

We collect a list of the installed applications’ metadata information which includes the application name, package name, installed time, updated time, version name and version code of each installed application on your device to assess your credit worthiness and enrich your profile with pre-approved customized loan offers.Our Platform has a link to a registered third-party SDK which collects Data on our behalf and Data is stored to a secured server to perform a credit risk assessment. We ensure that our third-party Service Provider takes extensive security measures in order to protect your Data against loss, misuse or alteration of the Data. Our third-party service provider employs separation of environments and segregation of duties and have strict role-based access control on a documented, authorized, need-to-use basis. The stored Data is protected and stored by application-level encryption. They enforce key management services to limit access to Data. Furthermore, our registered third-party service provider provides hosting security - they use industry-leading anti-virus, anti-malware, intrusion prevention systems, intrusion detection systems, file integrity monitoring, and application control solutions.You can make choices about our collection and use of your Data. For example, you may want to remove your Data on our Platform. When you are asked to provide Data, you may decline. For more information, please see the section below, titled “Your Rights and Choices”.HOW WE COLLECT DATAWe collect Data in the following ways:

Information You Give Us: We receive and store any information you enter on our Platform or give us in any other way. For instance:

when you register with us to avail the products and/or services including Lending Services offered on our Platform;
when you conduct/attempt a transaction on our Platform or by using Lending Services;
when you share and/or upload information/documents, as and when you avail any Lending Services offered by our Lenders.
when you elect to receive any communications (including promotional offers) from us;
from the information gathered by your visit to our Platform and/or your participation in any survey, marketing program or promotions sponsored by us; and
When you send correspondence to us through email, calls or any other medium.

Automatic Information We Collect: We use “cookies”, pixels and similar technologies to receive and store certain types of information whenever you interact with us. For instance:

Our Platform may place and access certain Cookies on your device. We also use pixels and similar technologies to analyse traffic on our Platform to improve user experience.
Our web servers or affiliates, or Service Providers who provide analytics and performance enhancement services and with whom we have specific agreements, collect IP addresses, operating system details, browsing details, device details, application details, SMS data and language settings. This information is aggregated to measure the number of visits, average time spent on the Platform, pages viewed and similar information. We use this information to improve content and to prevent fraud, ensure safety and security, as well enhance performance of our Platform.

Information from Other Sources: We may obtain information from other sources. For instance

When You agree to appoint Tata Digital Private Limited as your authorized agent/ representative for collecting your credit information from Credit Information Companies.
When we receive your data from our Lenders for facilitating your access to key fact statements, loan agreements, loan servicing and other related documents.

OUR USE OF DATAData collected by us may be used by us for the following reasons:

carry out our obligations arising from any contract entered into between Lending Partners and us;
carry out our obligations arising from any contract entered into between you and us;
provide products and/or services and communicate with you about products and/or services offered by us and/or our Lending Partners including processing any transactions;
enable Lending Partners to offer their products and/or services and communicate with you about such products and/or services;
provide you with pre-approved offers (for financial products and/or services), personalized services, recommendations and improve your experience on our Platform, including, where permitted under applicable law, by storing and/or using your information to enable future interactions/transactions on Platform to run more smoothly;
checking your eligibility for Lending Services and providing you access to the services being offered by us and/or our Lending Partners.
operate, evaluate and improve our business, products/services including Lending Services and Platform;
generate aggregated data to prepare insights to enable us to understand customer behaviour, patterns and trends with a view to learning more about your preferences or other characteristics;
provide marketing and promotional campaigns to you based on your profile;
communicate with you (including to respond to your requests, questions, feedback, claims or disputes) and to customize and improve our services;
protect against and prevent fraud, illegal activity, harm, financial loss and other legal or information security risks; and
serve other purposes for which we provide specific notice at the time of collection, and as otherwise authorized or required by applicable law.

MINORSOur Platform does not offer products or services for use by minors.SHARING OF DATAWe may share your Data in the following ways:

Lending Partners: We may make the Lending Services available to you. If you choose to use such Lending Services, Data will be shared with our Lenders. Lenders may use your Data for the purposes of providing their own products or services to you. Their use of your Data is subject to their own privacy policies. For further information on how these Lenders process your Data, please refer to their privacy policies.
Service Providers:We may share your Data with Service Providers who may, in the course of providing their respective services, receive and process Data. Examples include storing and analysing Data, protecting and securing our systems, providing customer service, credit analysis, processing your Data for profiling, fraud detection, user analysis and transaction processing. These Service Providers will be required to only process Data in accordance with our instructions. The Service Providers will also be required to safeguard the security and confidentiality of the Data they process by implementing appropriate technical and organizational security measures.
When Tata Digital Private Limited acts as a Service Provider: We may process and share your Data with Lenders when we act as a service provider to such Lenders. In this case, for the purposes of relevant Data Protection Laws, we act under the instructions of, the relevant Lenders.
Protecting Tata Digital Private Limited: We may release Data when we believe that disclosure is reasonably necessary (a) to comply with a law, regulation or compulsory legal request; (b) to protect Tata Digital Private Limited or a Tata Group Entity's intellectual property rights; (c) to protect Tata Digital Private Limited against harm or financial loss; (d) when we believe disclosure is necessary to protect individuals’ vital interests, or (e) in connection with an investigation of suspected or actual fraudulent or illegal activity. This may include exchanging information with other companies and organizations for fraud protection, risk management and dispute resolution.
Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. Your Data may be transferred as part of such transactions.
Third Parties:We may also share your Data with other third parties where:

You request or authorize us to do so;
We need to comply with applicable law or respond to valid legal process; or
We need to operate and maintain the security of our Platform, including to prevent or stop an attack on our computer systems or networks.

The sharing of your Data will be in line with the processes set out in this Privacy Notice.WHERE WE STORE DATAWe store your Data on secure servers located in India.KEEPING DATA SECUREWe will use technical and organisational measures to safeguard your Data. Technical and organisational measures include measures to deal with any suspected data breach. We are ISO27001 and PCI DSS V3.2.1 certified and take every breach/security incident with utmost seriousness. We maintain security operations which ensure proper monitoring, investigation and reporting of all major as well as minor security incidents. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately by contacting us by e-mail.The security of your Platform account depends on you keeping your account password(s), PINs and other access information confidential. If you share your Platform account information with a third party, they will have access to your account and your Data.It is your responsibility to control access to your device and Platform on your device, including keeping your password(s) and/or PIN confidential and not sharing it with anyone. It is also your responsibility to alert us if you believe that the security of your Data in the Platform has been compromised.RETENTION OF DATATata Digital Private Limited retains Data for as long as necessary for the use of our products and/or services or to provide access to and use of our Platform, or for other essential purposes such as complying with our legal obligations, resolving disputes, enforcing our agreements; and as long as processing and retaining your Data is necessary for our legitimate interests and operations. Because these needs can vary for different data types and purposes, actual retention periods can vary significantly.We responsibly and securely dispose your Data that is no longer required by us, using formal procedures that are established to protect any confidential Data from leakage. Your Data shall be protected against unauthorized access, misuse, or corruption during transportation. In the case of lost devices, incident management is undertaken as per our protocol for reporting security incidents including steps including but not limited to remote wipe of device, revoking tokens, de-authorising, etc.Even if we delete your Data, including on account of exercise of your right under Clause 10 below, it may persist on backup or archival media for audit, legal, tax or regulatory purposes.We reserve the right to retain your Data as necessary, to implement, administer and manage your participation on the Platform and to satisfy our legal, audit, tax or regulatory obligations.YOUR RIGHTS AND CHOICESSubject to applicable law, You are be entitled to exercise following rights in relation to your Data stored with us:

Right to Erasure - you have the right to request that we "erase" your Data in certain circumstances.
Right to Restrict our Use of your Data - you have the right to request that we restrict our processing of your Data in certain circumstances, for example if you dispute the accuracy of the Data that we hold about you or you object to our processing (including disclosure to third parties and retention) of your Data.
Right to Withdraw Consent – where we have obtained your consent to process your Data for certain activities, you may withdraw this consent at any time, and we will cease to carry out that particular activity that you previously consented to unless we consider that there is an alternative legal basis to justify our continued processing of your Data for this purpose.

To get in touch with us about these rights, or for more information about managing your Data and promotional communications, please use the contact details set out in the section below, titled “How to Contact Us”. Please note that we may keep a record of your communications to help us resolve any issues which you raise. Where we are legally permitted to do so, we may refuse your request.It is important that the Data we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold it.SEVERABILITYIf any court or competent authority finds that any provision of this Privacy Notice (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Privacy Notice will not be affected.LINKS TO OTHER WEBSITESOur Platform may, from time to time, provide links to websites and applications of third parties and Lending Partners whose privacy practices differ from those of Tata Digital Private Limited. We have no control over such websites and applications and are not responsible for the content of those websites and applications. If you provide Data to any of those websites or applications, then the use your Data is governed by their privacy notices. This Privacy Notice applies to our Platform only.CHANGES TO THIS PRIVACY NOTICEOur business changes constantly and our Privacy Notice will also change. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Platform frequently to see recent changes. The updated version will be effective as soon as it is accessible and available on Platform. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.HOW TO CONTACT USTo request to review, update, or delete your personal information or to otherwise reach us, please submit a request by e-mailing us at customercare@tataneu.com. You may contact us for information on Service Providers, Lending Partners and other entities with whom we may share your Data in compliance with this Privacy Notice and applicable law. We will respond to your request within 30 days.NODAL GRIEVANCE OFFICERPlease see below the details of our nodal grievance officer:Name: Vani M, Lead – Customer ExperienceEmail: grievance.lending@tatadigital.comAddress: 1st Floor, Army & Navy Building, 148, M G Road, Opposite Kala Ghoda, Fort, Mumbai, 400001, IndiaANNEXURE IIIBuy Now Pay Later Terms AND CONDITIONSAxio Facility: Terms and Conditions

I confirm that I have carefully read and fully understood all the terms and conditions that are listed online at https://axio.co.in/terms-conditions/ and those applicable to availing financing facility from Cap Float Financial Services Private Limited ("axio" or "Lender") and its co-lender, if any, and privacy requirements that are listed online at & https://axio.co.in/privacy-policy/. I accept the terms & conditions unconditionally and agree that these terms and conditions may be amended or modified by axio (CapFloat Financial Services Private Limited) at any time and I will be bound by the amended terms & conditions that are in force.
I confirm that I am a resident of India and at least 18 (Eighteen) years of age.
I can read, write and understand English language and is of sound mind. Further to this I have no objections in receiving communications with respect to this facility in English language.
I have an annual household income greater than INR 3 lacs.
I understand that sanction of the facility is at the sole discretion of axio (CapFloat Financial Services Private Limited) and it reserves the right to reject my application for the facility without assigning any reasons whatsoever.
I understand that the facility sanctioned to me is funded both by axio and its co-lender, if any, in a specific proportion.
I shall indemnify axio (its agents, employees, officers and directors) against all or any losses suffered by axio (its agents, employees, officers and directors) on account of breach of undertakings, representations and warranties by me including any legal action / proceedings initiated by me or any third party in connection with this Agreement and unauthorized access to or storage of my information or Personal Data by axio (its agents, employees, officers and directors) which are solely attributable to any breach, negligence or fraud by me.
I declare that all the particulars and information and details given / filled in the application form provided by axio and its co-lender, if any, and information provided by me to axio and its co-lender, if any, are true, correct and accurate and I have not withheld / suppressed any material and relevant information from axio and its co-lender, if any.
By accepting these terms and conditions and availing the facility, I understand that my successors, heirs and assigns will also be bound by the terms of this facility.
I hereby agree to provide axio and its co-lender, if any, with all information and documents as may be required by axio and its co-lender, if any, in order to complete the Know Your Customer (KYC) requirements as required under applicable law. I acknowledge that axio and its co-lender, if any, may conduct KYC in any manner permitted under applicable law, including without limitation, (i) collection and verification of physical copies of the documents; (ii) eKYC or offline Aadhaar XML KYC or Digilocker Aadhaar XML KYC in accordance with paragraph below; (iii) Obtaining documents through Central KYC repository with my explicit consent or (iv) obtaining KYC information and documents from a third party in accordance with applicable law. Further, axio and its co-lender, if any, may also avail the services of a third party for the purpose of conducting KYC.
I also authorize NSDL e-Governance Infrastructure Limited (NSDL e-Gov) to and in respect of the following activities, on behalf of axio and its co-lender, if any :
Use my Aadhaar details for KYC proof, enabling me to eSign the loan agreement and/or eSign the Mandate and authenticate my identity through the Aadhaar Authentication system (Aadhaar based e-KYC services of UIDAI) in accordance with the provisions of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016 and the allied rules and regulations notified thereunder and for no other purpose;

Authenticate my Aadhaar through one-time password ("OTP") or Biometric for authenticating my identity through the Aadhaar Authentication system for obtaining my e-KYC through Aadhaar based e-KYC services of UIDAI and use my Photo and Demographic details (Name, Gender, Date of Birth and Address) for KYC proof, in connection with the loan agreement and the Mandate and for no other use / purpose;

I agree that axio and its co-lender, if any, may avail services from any third party to conduct Aadhaar based KYC authentication i.e. authentication services provided by UIDAI, where my personal identity information /data that is obtained from me and matched with the personal identity information/data that is stored in the UIDAI's central identity data repository in order to provide Aadhaar enabled services to me;
I agree that axio and its co-lender, if any, may receive and update credit reports, basis their respective share in the sanctioned facility, from any/all credit bureaus or any other agency/ regulatory authority as required and as permitted under applicable law
axio makes no representations about:
the timeliness, of the services contained on the axio its website and/or mobile application for any purpose; and

the suitability, reliability, availability, of the services contained on the axio website and/or mobile application for any purpose.
axio shall (and shall procure that its agents, employees, directors and officers shall) comply with all Data Protection Legislations and such compliance shall include, but not be limited to, maintaining a valid and up to date registration or notification (where applicable) under the Data Protection Legislation. For the purpose of this Agreement, "Data Protection Legislation" means the legislation and regulations relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual including (without limitation):
the Information Technology Act, 2000 (as amended from time to time), including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("Privacy Rules") and any other applicable rules framed thereunder;

all other applicable banking industry guidelines (whether statutory or non-statutory) or statutorily-backed codes of conduct relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual issued by any regulator and applicable to us to any of the Parties; and

any other Applicable Law solely relating to the protection of Personal Data and processing, storage, usage, collection and/or application of Personal Data or privacy of an individual.
By availing the loan from axio and its co-lender, if any, under these terms and conditions, I acknowledge that axio and its co-lender, if any, may use my data or information in connection with the loan, including without limitation for the processing of the loan application. In this regard, the customer agrees and consent for axio and its co-lender, if any, to share the information or data pertaining to the customer with any third party which is involved in the processing of the application, or use of the loan facility etc.
I hereby declare that no other account has been opened nor will be opened using the OTP based KYC in non-face-to-face mode.
I understand and acknowledge that axio and its co-lender, if any, reserves the right to modify the sanctioned facility amount as per its internal policy at its discretion without assigning any reasons.
axio reserves the right to cancel / suspend the services of the facility if in axio's opinion the security of the website and/or mobile application or of the data could be compromised for any specific customer, without assigning any reasons.

I further authorize axio and all its group companies to keep me informed (vide telephone, SMS, mail, e-mail etc.) in relation to the facility and also for any such promotional schemes and/or activities as they may require.Annexure IVPERSONAL LOAN TERMS AND CONDITIONSGeneral Terms and Conditions for applying for QIK Personal LoanTerms and Conditions between the Customer and Tata Capital Financial Services Limited

In order to avail the Facility, the Customer must enter into a specific arrangement with TCFSL for Qik Personal Loan("Facility Agreement") as an essential pre-condition which will govern the Facility, in the form and manner determined by TCFSL. The sanction of the Facility is at the sole discretion of TCFSL.
You confirm that all the particulars, information and details provided by You in relation to Your application are true, correct and up to date and that You have not withheld / suppressed any material and relevant information from TCFSL and You agree that TCFSL will not be held liable or responsible for the contents or veracity thereof. You undertake to inform TCFSL of any changes therein, immediately. In case any of the information submitted by You is found to be false or untrue or misleading or misrepresenting, You are aware that You may be held liable for it.
You confirm that You are not a citizen, resident or person accessing from the European Union.
You acknowledge that TCFSL /its group companies reserve the right to retain the photographs and documents submitted with the application and will not return the same to You .
You confirm that TCFSL shall have the absolute discretion, without assigning any reasons (unless required by applicable law), to reject Your application and that TCFSL shall not be responsible/liable in any manner whatsoever to You for such rejection or any delay in notifying You of such rejection and any costs, losses, damages or expenses, or other consequence caused by reason of such rejection, or any delay in notifying You of such rejection of the application. You agree that Your application shall not be construed to imply automatic approval of the Facility by TCFSL.
You confirm that no insolvency proceeding or suits for recovery of outstanding dues or monies whatsoever or for attachment of Your assets or properties, and/ or any criminal proceedings have been initiated and/ or are pending against You and that You have never been adjudicated insolvent by any court or other authority nor has any receiver, administrator, administrative receiver, trustees or similar officer been appointed you’re your assets and that no action nor other steps have been taken or legal proceedings started by or against You in any court of law/other authorities for winding up, dissolution, administration or re-organisation or for the appointment of a receiver, administrator, administrative receiver, trustees or similar officer or for Your assets.
You understand and are aware that the charges paid to TCFSL towards out of pocket expenses and / or log-in / processing fees, if any, details whereof are provided on the www.tatacapital.com are non-refundable to You and upon the application being withdrawn by You or being rejected by TCFSL for any reason whatsoever, You will not be entitled for refund either in part or in full.
You hereby confirm and duly undertake that the loan is being taken for purpose as stated in your application. You also confirm that You shall not use the loan for any improper/illegal or unlawful purpose/ activities.
You hereby provide consent to TCFSL to carry out KYC and other requisite checks by such processes as may be permissible under law including verification of documents or details submitted for KYC purpose, accessing and procuring data from databases maintained by statutory or other authorities constituted by law, for the purpose of this journey.
You agree and authorize TCFSL to collect and disclose, from time to time, any information and data relating to the application (including personal sensitive data or information and any information that requires consent under the Information Technology Act, 2008 and/or any other statute) and/or the ‘financial information’ as defined in Section 3(13) of IBC, in or outside India without requirement of any notice or intimation:

to any of its affiliates and to any member of Tata group or any of their employees, agents, representatives etc.;

to third parties engaged by TCFSL or any member of Tata group for purposes such as marketing of services and products;

to any rating agency, insurer or insurance broker of, or direct or indirect provider of credit protection to TCFSL or any member of Tata Group;

to any of the service providers or professional advisers of a member of the Tata group with the rights to further share it with their sub-contractors in any jurisdiction;

to any credit bureau, database/databanks, corporate, banks, financial institutions etc;

to any authority or other person as required by applicable law;

to any person pursuant to an order or direction of an authority;

to any credit information company, Central KYC Registry, other agencies or any information utility including who may also use, process the said information and data disclosed by me in the manner as deemed fit by them, and who may for consideration or otherwise furnish such processed information and data or products thereof prepared by them, to banks/financial institutions and other credit guarantors or registered users, as may be specified by the RBI; and / or;

to any other person:

to whom TCFSL may potentially assign or transfer or novate all or any of its rights and obligations under this application and/or ;

pursuant to the processing or management of data relating to me or this application and/or;

as TCFSL may deem fit.

You expressly authorize/consent to TCFSL, its various service providers or agents, including for marketing, collections and recovery agents to contact You telephonically, through e-mails, telephones, messages, SMS, Whatsapp or other applications or otherwise even if Your name appears in the Do Not Call or Do Not Disturb Register to inform You about the marketing schemes, various financial and/or investment products and/or offerings of other services, outstanding under this arrangement or any other aspect pertaining to any facilities availed or to be availed by You. I also expressly declare that such e-mails, telephonic calls, messages, SMS, Whatsapp messages etc. from the tele-callers, agents and/or service provider of TCFSL and its associates, affiliates and/or group companies will not cause any inconvenience to them and/or their family members. You expressly and irrevocably consent that for any claim against any service providers, TCFSL shall not be liable and my claim on this account shall be against such service providers and/or tele-callers. You agree to the use of e-mails, messages, SMS, Whatsapp and/or other applications for communication or sharing of information or documents, agree to abide by the terms and conditions of such applications and agree to the risks associated with such applications or sharing of information through them.
You hereby consent to receiving information from Central KYC Registry through SMS/Email on the registered number/Email address.
You are aware of the Fair Practices Code and Policy for determination of Interest Rates, Processing and other charges adopted by TCFSL which are placed on the its website www.tatacapital.com.
You are aware that authentication technologies and strict security measures are required for using mobile applications. You shall be solely responsible for all the communication exchanged between them and TCFSL while subscribing and participating in the journey.You further understand that You are solely responsible for maintaining security safeguards of your mobile application/website account linked to the registered mobile number.
You acknowledge that TCFSL reserves the right to cancel / suspend the services of the Facility if in Tata Capital's opinion security of the website and/or mobile application or of the data could be compromised for any specific customer, without assigning any reasons.
You agree that You shall not have any claim against TCFSL on account of any suspension, interruption, non-availability or malfunctioning of the service due to any link/mobile/technological/system failure at TCFSL’s end for any reason thereof.
You consent to voluntarily submit to TCFSL at Your own discretion, offline electronic Aadhaar xml as issued by the Unique Identification Authority of India (“UIDAI”) for the purpose of establishing Your identity / address in line with the directions / guidelines issued by the regulatory and statutory bodies from time to time. You further give your consent to TCFSL for verification of your Aadhaar to establish the genuineness in such manner as permitted by UIDAI or under any law from time to time. You agree that you are aware of the purpose for which Aadhaar details are collected by TCFSL and that these details shall not be used by TCFSL for any other purpose other than as per the requirements of law.
TCFSL has adopted the Tata Code of Conduct (“TCoC”) and all its employees and representatives are bound by the same. A copy of the TCoC is available on www.tatacapital.com. You acknowledge that in case You notice any violation or potential violation of the TCoC by any of the employees or representatives of TCFSL, You may write to us at ethics@ tatacapital.com intimating TCFSL of the same.
TCFSL makes no representations about:

the timeliness, of the services offered/ contained on TataNeu/TCFSL website and/or mobile application for any purpose; and

the suitability, reliability, availability, of the services offered/ contained on TataNeu/ TCFSL website and/or mobile application for any purpose.

You agree to indemnify TCFSL (its agents, employees, officers and directors) against all or any losses suffered by TCFSL (its agents, employees, officers and directors) on account of breach of undertakings, representations and warranties by You including any legal action / proceedings initiated by You or any third party in connection with the applicable terms and conditions and unauthorized access to or storage of your information or Personal Data by TCFSL(its agents, employees, officers and directors) which are solely attributable to any breach, negligence or fraud by you.
Customer may contact TCFSL for any queries in relation to the Facility. The contact details are available at the FAQ section and the Facility confirmation page.
These Terms should be read along with the Terms and Conditions of QIK Personal Loan.