This document lays out the terms and conditions and rules, as may be amended and supplemented, from time to time, (Terms) which shall be applicable to the provision of: (i) Credit Information Reports (Individual CIRs) and Company Credit Information Report (Company CIRs) (collectively referred to as, Reports) to either an individual, a partnership firm, a company (as defined in section 3 of the Companies Act, 1956), a body corporate (as defined under Section 2(7) of the Companies Act, 1956), a co-operative society, a trust, an association of persons whether incorporated or not, and any other entity, and shall include their heirs, representatives, successors and assigns, as permitted and applicable, (Persons) who can apply for the CIRs and/or the Commercial CIRs, under applicable law; and (ii) any other products and services rendered by WhiteCliff Finserve Pvt Ltd to the Persons (collectively referred to as, Products and Services) by WhiteCliff Finserve Pvt Ltd having its registered office at Plot No.25 Sai Krupa, Central Excise Colony, Chatrapati Square, Ring Road, Nagpur. – 440 015 (Transaction).
The words, “customer” and “consumer” refer to the Person(s) who request their respective Reports or receive the Products and Services or pursue the Transaction (as defined hereinabove) or part thereof (Consumer) and shall include both singular and plural. Reference to the masculine gender shall include the feminine and neutral gender or any other legal entity.
I acknowledge and expressly agree with the following terms and conditions:
I/We have read, understood, and agree to abide by these Terms including any changes thereto made by WhiteCliff Finserve Pvt Ltd in its sole discretion, from time to time, relating to my Transaction with WhiteCliff Finserve Pvt Ltd, which changes shall be made available on WhiteCliff Finserve Pvt Ltds website www.whitecliff.in. I/We agree that the Terms form a valid contract between myself/ourselves and WhiteCliff Finserve Pvt Ltd, and that WhiteCliff Finserve Pvt Ltd may, at its sole discretion, amend the Products and Services relating to the Transaction and/or the Terms, either wholly or partially, at any time in the manner stated above and without the requirement of any prior notice or consent.
I/We agree that these Terms constitute the entire agreement between myself/ourselves and WhiteCliff Finserve Pvt Ltd concerning the Transaction and these Terms supersede all prior or contemporaneous communications and proposals, if any, whether electronic, oral, or written, between me/us and WhiteCliff Finserve Pvt Ltd to the Transaction. A printed version of these Terms and any notice given in electronic form shall be valid and admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as any other documents and records originally generated and maintained in printed form.
I/We agree and understand that any information contained in the Reports and the Products and Services has been collated by WhiteCliff Finserve Pvt Ltd based on the information provided by its various member banks and credit institutions (Members). Consequently, WhiteCliff Finserve Pvt Ltd shall not be responsible for the accuracy, completeness, and veracity of any such information as provided. I/We also understand that the information is current and up to date to such extent, as provided by the Members and is subject to changes and amendments made thereafter and that any information contained herein does not reflect the views of WhiteCliff Finserve Pvt Ltd or its directors or employees. Also, WhiteCliff Finserve Pvt Ltd shall incur no liability and shall not be required to indemnify me/us for any loss, damages, claims, or expenses incurred by me/us for any incorrect reports provided due to incorrect information and/or documents provided by me/us or if, for any technical reason, any incorrect report is provided otherwise.
I/We agree that the provision of the Reports and the Products and Services shall be limited to the territory of India.
The information contained in the Reports shall be updated up to such dates which the relevant Members with whom I/we have a relationship with, has provided information to WhiteCliff Finserve Pvt Ltd based upon which updated information WhiteCliff Finserve Pvt Ltd has been able to update the Reports and WhiteCliff Finserve Pvt Ltd shall not be responsible in the event my information is not updated by the Members.
I/We understand and agree that WhiteCliff Finserve Pvt Ltd shall not be required to seek prior permission from me/us for updating information that may be reported to WhiteCliff Finserve Pvt Ltd by the Members or otherwise come to the information of WhiteCliff Finserve Pvt Ltd and WhiteCliff Finserve Pvt Ltd shall not be responsible to verify the correctness of the information received hereby. WhiteCliff Finserve Pvt Ltd shall reproduce the information submitted to it by its Members on an “as is” basis.
WhiteCliff Finserve Pvt Ltd shall have the right to terminate the provision of the Report/s and/or the Products and Services or any part thereof, at its sole discretion at any time. Further, notwithstanding the Terms contained herein, WhiteCliff Finserve Pvt Ltd reserves the right to reject my Request Form (defined below) made due to any reason whatsoever and shall not be required to specify such reason for rejecting the same.
WhiteCliff Finserve Pvt Ltd reserves the right to initiate legal proceedings including criminal proceedings against the perpetrators of fraud, money laundering, or any other form of wrongdoing about the Products and Services. I/We have read in full and have completely understood the steps to access Report/s and/or the Products and Services offered on WhiteCliff Finserve Pvt Ltd’s website/s www.whitecliff.in
I/We understand and agree that in the event there are three insufficiencies in the Request Form and/ or the payment mechanism, my/our Request Form (as hereinafter defined) shall be liable to be rejected and I/we shall have to make fresh applications. I/We further understand and agree that until such time, in the event I/we would have made any payments in this regard, the same shall not be refunded to me/ us.
An ‘insufficiency in the Request Form’ would have taken place, including but not limited to, any of the following reasons:
1. I/We understand that all applications for the Report/s or the Products and Services shall be provided by WhiteCliff Finserve Pvt Ltd only on the submission by me/us of the duly completed request forms, the Credit Information Report Request Form, and the Company Credit Information Report Request Form, as may be applicable, for the Reports and/or the relevant Products and Services, as may be applicable, or through the user form available online (Request Form) which may be obtained or accessed at WhiteCliff Finserve Pvt Ltd’s website www.whitecliff.in or through other available online portals such as WhatsApp, as may be adopted by WhiteCliff Finserve Pvt Ltd from time to time under its standard policies.
2. I/We agree to undergo KYC requirements as required by WhiteCliff Finserve Pvt Ltd and specified by WhiteCliff Finserve Pvt Ltd from time to time.
3. Any application made by me/us other than in the prescribed Request Form or which is incomplete in any manner shall not be considered a valid application and will be rejected by WhiteCliff Finserve Pvt Ltd without providing any reason whatsoever.
4. All details provided by me/us in the Request Form should match the details provided by me/us to any of the Members who I have any type of relationship with or in the event I/we do not have any relationship with any Member, the details that are similar to that as provided in the Address Proof (as defined hereinafter) as mentioned herein.
5. Proof of my/our identity (Identity Proof) and proof of my/our address (Address Proof) shall be required to be submitted by me/us along with the Request Form, and in the event I/we fill the Request Form online on WhiteCliff Finserve Pvt Ltd’s website, such documents shall be required to be posted by me/us to WhiteCliff Finserve Pvt Ltd at the following address (Processing Address): Consumer Relations, WhiteCliff Finserve Pvt Ltd, Plot No.25 Sai Krupa, Central Excise Colony, Chatrapati Square, Ring Road, Nagpur. – 440 015.
6. WhiteCliff Finserve Pvt Ltd shall not be responsible if any of the documents relating to my/our Identity Proof or Address Proof are lost in transit before receipt of such documents by WhiteCliff Finserve Pvt Ltd at the abovementioned processing address.
7. I/We agree that all documents provided along with the Request Form shall be valid and should not have expired, as applicable. Further, I/we agree that copies of the documents provided shall not be returned by WhiteCliff Finserve Pvt Ltd irrespective of the fact whether or not the Credit Information Report or any other Products and Services are made available and/or provided to me/us.
8. All documents relating to the Request Form, Identity Proof, and Address Proof must reach WhiteCliff Finserve Pvt Ltd at its Processing Address within 7 (seven) business days of the date of filing of the Request Form. Payment of appropriate charges and any documents, payments, verification, clarifications, and other information should be provided by me/us within 90 (ninety) days from the date of the filing of the Request Form, upon the expiry of which the application shall be considered as incomplete and a fresh Request Form shall have to be provided along with all other necessary documents including payment of requisite fees in relation thereto.
9. I/We understand that if due to the provision of wrong or incomplete information provided by me/us in the Request Form, or for online ID Authentication Process, as may be applicable, an incorrect Report or such Service as the case may be is received by me/us and in that case, WhiteCliff Finserve Pvt Ltd shall in no manner be responsible for the same and any subsequent request for a fresh Report or such Service as the case may be shall be treated as a fresh request and application and hence shall be charged accordingly.
Also, due to the provision of wrong or incomplete information provided by me/us in the Request Form, or for the online ID Authentication Process, as may be applicable, the Report so generated may belong to a person other than me/us and may be sent to such person at my/our cost. In such cases, I understand that WhiteCliff Finserve Pvt Ltd shall not be liable to refund any payments made by me/us in this regard and that I/we shall have to furnish a fresh Request Form and submit fresh payment for my/our Credit Information Report.
1. The charges for the Individual CIR, Company CIR, or any other Products and Services shall be as stipulated by WhiteCliff Finserve Pvt Ltd from time to time and I/we agree to pay the same. The charges for any Products and Services may be amended by WhiteCliff Finserve Pvt Ltd from time to time subject to applicable laws.
2. I/We acknowledge and agree that the charges as specified above are the cost of a Report or other Products and Services, as may be applicable, and other charges including any delivery charges, payment gateway charges taxes, and other duties which shall be payable by me/us, as applicable and prescribed by WhiteCliff Finserve Pvt Ltd relating to costs that WhiteCliff Finserve Pvt Ltd may incur to facilitate me/us in the payment mechanism and in getting my/our Report or other Products and Services delivered at my/our validated address.
3. I/We understand that the payment gateway and net-banking channels may not belong to WhiteCliff Finserve Pvt Ltd and agree to abide by the rules regulations and terms prescribed by such third party in the process of facilitating my/our payment through the said payment gateway and net-banking channels.
4. A request once made by me/us shall not be canceled and no charges relating to such order shall be refunded. However, I/we understand that there may be instances when no Report, as may be applicable, is generated because the Credit Information does not exist in WhiteCliff Finserve Pvt Ltd’s database or the details provided by me/us were not adequate to access the relevant Credit Information. In such cases, a “no-hit” report will be generated by WhiteCliff Finserve Pvt Ltd and provided to me/us. I/We understand that a ‘no-hit’ Credit Information Report may not provide any information. I/We understand and accept that no payments made by me/us shall be refunded and returned by WhiteCliff Finserve Pvt Ltd for a ‘no-hit’ Credit Information Report being provided.
5. I/We understand that unless full payment along with submission of the required documents is made by me/us, WhiteCliff Finserve Pvt Ltd shall not be obliged to process or issue any Credit Information Report to me/us.
a. I hereby agree and consent to WhiteCliff Finserve Pvt Ltd for providing the Services through WhatsApp as a medium.
b. I further agree that any consent about the Services given by the User to WhiteCliff Finserve Pvt Ltd through a mobile number duly authenticated through a registered mobile available with WhiteCliff Finserve Pvt Ltd shall be binding on the User.
c. I hereby expressly agree and consent to WhiteCliff Finserve Pvt Ltd for sharing and/or displaying sensitive personal Information as provided by the User, including information which may constitute sensitive personal data or information with WhiteCliff Finserve Pvt Ltd’s service providers, as may be necessary for the provision of the Services, however, this data shall be deleted promptly at my written request to WhiteCliff Finserve Pvt Ltd.
d. I hereby agree and understand that WhiteCliff Finserve Pvt Ltd shall have the sole right to suspend temporarily or cancel services through WhatsApp without prior written intimation.
e. For Services where I/ We are provided with a re-direction link to other webpages/ applications/ portals of WhiteCliff Finserve Pvt Ltd for availing the Underlying Product/ Service, the User hereby consents to WhiteCliff Finserve Pvt Ltd for processing/ sharing/ using/ disclosing the User Information, including with its service providers, for pre-filling such data in the web forms on such webpages/ applications/ portals.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
Payment through Demand Draft:
I/We understand that any payment for the Products and Services through a DD (i.e. Demand Draft) for the stipulated charges for the Products and Services in favor of ‘WhiteCliff Finserve Pvt Ltd” payable at Nagpur has to be sent at the Processing Address as mentioned above.
Payment through Credit Cards/Debit Cards:
I/We understand that any payment for the Products and Services through my/our VISA or MASTERCARD or other service provider (as provided by the Payment Gateway Merchant) Credit Card or Debit Card as the case may be, may be made.
Payment through Net Banking:
I/We understand that payment of the stipulated charges for Reports and/or Products and Services may be made through my/our Net Banking channel.
Charges for Credit Information Report/Company Credit Information Report: I/We agree to pay such amount as stipulated by WhiteCliff Finserve Pvt Ltd for the issue of my Credit Information Report/our Company Credit Information Report. The charges are inclusive of delivery charges, payment gateway charges (if any), and all applicable taxes.
Charges for Products and Services: I/We agree to pay the charges for Products and Services as stipulated by WhiteCliff Finserve Pvt Ltd and understand that such charges for Products and Services are exclusive of delivery charges and applicable taxes & levies, and we agree to pay such additional amounts as may be stipulated by WhiteCliff Finserve Pvt Ltd towards the delivery charges and taxes and levies.
If the payment is made through DD:
1. The DD should clearly state the name as mentioned above without any spelling mistakes and should be payable in Nagpur.
2. Processing of the Request Form shall take place only after WhiteCliff Finserve Pvt Ltd realizes the payment through the DD for the full amount. In the event there is any error of any nature in the DD, the relevant Request Form shall not be processed unless a fresh DD for the requisite amount as stated above is sent to WhiteCliff Finserve Pvt Ltd at the Processing Address with all other details as required herein. Further, I/we acknowledge and understand that the DD that contains an error shall not be returned to us and will be destroyed by WhiteCliff Finserve Pvt Ltd with intimation to me by way of an email/sms/post.
If the payment is made through a Credit Card or Debit Card:
1. I/We represent that the Credit Card or Debit Card used by me/us to make payment herein is my/us own Credit Card or Debit Card, or I/we have full authority and permission to use the same to make payment herein.
2. Processing of the Request Form shall take place only after WhiteCliff Finserve Pvt Ltd realizes the payment through the Credit Card/Debit Card payment gateway merchant for the full amount. In the event there is any error in the payment of the full amount through this mode, the relevant Request Form shall not be processed.
In the event payment is made more than once for the same transaction, I/we understand I/we/are required to email WhiteCliff Finserve Pvt Ltd at [email protected] or call WhiteCliff Finserve Pvt Ltd at +91 9373137218 or such other number as WhiteCliff Finserve Pvt Ltd may intimate on its Website at WhiteCliff Finserve Pvt Ltds. in from time to time and inform WhiteCliff Finserve Pvt Ltd of the same. Upon request by WhiteCliff Finserve Pvt Ltd, I/we shall provide the relevant reference number from the issuing bank or financial institution providing net banking services or issuing the Credit Card/Debit Card, as the case may be, to reverse such duplicate payment. I/We understand such reversals shall be made to the same account from which payment was made or the same Credit Card/Debit Card from which payment was made, as the case may be, and that WhiteCliff Finserve Pvt Ltd shall make its best endeavors to credit the refund after the expiry of at least 4 (four) working days.
I/We will receive a system-generated WhiteCliff Finserve Pvt Ltd Registration number and a Transaction number for each transaction that I/we pursue through this mode with WhiteCliff Finserve Pvt Ltd on this Website, and I/we shall quote such Registration number and a Transaction number for all subsequent queries and clarifications that I/we may seek from WhiteCliff Finserve Pvt Ltd relating to the same transaction.
WhiteCliff Finserve Pvt Ltd shall not be liable in any manner whatsoever for any fraud that may be committed on my/our net banking account or my Credit Card/Debit Card, as the case may be, whether due to loss or theft or otherwise.
The technology for enabling payment by way of net banking services or Credit Card/Debit Card could be affected by viruses or other malicious, destructive, or corrupting code, program, or macro. This could result in delays in the processing of instructions or failure in the processing of instructions. WhiteCliff Finserve Pvt Ltd shall not be liable, whether direct or indirect, whether arising out of loss or profit or otherwise arising out of any failure or inability by the relevant bank or financial institution to honor any customer instruction for whatsoever reason
I/We understand that the Net Banking channel is available only if I/we have an online banking account with my/our bank or a financial institution from where the said amount will be directly debited from my/our account with my/our instructions online and such facility is available only if I/ we hold an account with the banks as may be provided by payment getaway merchant and/or WhiteCliff Finserve Pvt Ltd, from time to time.
If the payment is made through net banking facilities:
1. I/We shall use only my/our net-banking account details to transact on this Website or have full authority and permission to use the net-banking account to make payment as required herein.
2. Processing of the Request Form shall take place only after WhiteCliff Finserve Pvt Ltd realizes the payment through the net banking payment gateway merchant for the full amount. In the event there is any error in the payment of the full amount through this mode, the relevant Request Form shall not be processed.
A grievance request can be raised by me/us, by visiting the WhiteCliff Finserve Pvt Ltd website www.whitecliff.in). WhiteCliff Finserve Pvt Ltd will initiate the dispute with the relevant credit institution and notify appropriately.
I/we agree and understand that WhiteCliff Finserve Pvt Ltd may suspend any or all of the services and/or Transaction mentioned herein, including the raising of a grievance request as set out above, and upon the happening of the same, WhiteCliff Finserve Pvt Ltd shall not be under any obligation to process the grievance request raised by me from such date of suspension.
1. In the event a request made by me/us about a Service is not a valid request, or if it is rejected by WhiteCliff Finserve Pvt Ltd for any reasons whatsoever or WhiteCliff Finserve Pvt Ltd is unable to provide the same, I/we agree to pay to WhiteCliff Finserve Pvt Ltd, processing charges and WhiteCliff Finserve Pvt Ltd shall refund to me/us such amounts as may be decided by WhiteCliff Finserve Pvt Ltd in its sole discretion from time to time.
2. Only for the following reasons and any other reasons decided by WhiteCliff Finserve Pvt Ltd at its sole discretion, WhiteCliff Finserve Pvt Ltd shall refund the payments made by me/us after deducting the relevant processing charges as may be required by WhiteCliff Finserve Pvt Ltd, in its sole discretion, from time to time:
In case of Transactions through Net Banking/using Debit or Credit Cards and in the event of a fraudulent transaction carried out on my/our bank account/card without my/our authorization verified by the police;
In the event of any technical snags between my/our computer and/or WhiteCliff Finserve Pvt Ltd and/or the issuing bank wherein my/our transaction could not be completed, whereby I/we was/were charged twice for a single transaction (duplicate processing).
I/We understand and agree that delivery of the Report/s and/or Products and Services will be provided through a login-based dashboard. The access will be provided only basis of successful authentication as perWhiteCliff Finserve Pvt Ltd’s standard authentication process.
On any change in my personal information and/or address, I/we shall update my address in the records of the relevant Member/s with whom I/we have my respective relationship account/s, otherwise, WhiteCliff Finserve Pvt Ltd will not be able to deliver the Report at my/our desired address.
I/We understand and agree that in case I/we provide an email address for delivery of the Report/s and/or Products and Services by opting for delivery through email, WhiteCliff Finserve Pvt Ltd shall not be responsible for the correctness of the email ID and delivery of the Report/s and/or Products and Services made by WhiteCliff Finserve Pvt Ltd to such email address (with encryption) shall be the complete dispatch of the Report/s and/or Products and Services.
1. I/We acknowledge, understand, and agree that by providing the Report/s and the Products and Services (whether through this Website www.whitecliff.in, WhiteCliff Finserve Pvt Ltd is acting as a facilitator. WhiteCliff Finserve Pvt Ltd, thus, does not warrant that the functions contained in the above mentionedWebsite/s will be uninterrupted or error-free, that defects will be corrected, or that this Website/s or the servers that make it available are free of viruses or other harmful components, but shall take commercially reasonable efforts to correct the delays in the operation of the Website.
2. In no event shall WhiteCliff Finserve Pvt Ltd be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages.
3. I/We acknowledge, understand and agree that, without limiting the above clause 2, WhiteCliff Finserve Pvt Ltd shall not be responsible and disclaims all responsibilities for any claim, liability, or any damage resulting from, arising out of, or in any way related to: (a) the use or the inability to use the Report/s and/or the Products and Services or this Website; (b) the cost of procurement of substitute services; (c) unauthorized access to or alteration of transmissions or data; (d) any other matter relating to the provision of services for underlying Transaction; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website/s, the Report/s and/or Products and Services, or otherwise, (e) any errors in or omissions from this Website/s, including but not limited to technical inaccuracies and typographical errors, (f) any third party websites or content therein directly or indirectly accessed through links in this Website/s, including but not limited to any errors in or omissions therefrom, (g) the unavailability of this Website/s or any portion thereof, or (h) my use of any equipment or software in connection with this Website/s.
4. I/We agree that I/we shall not hold WhiteCliff Finserve Pvt Ltd liable or responsible for the non-availability of its Website either due to internet connectivity speeds or errors on my/our computer or during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond WhiteCliff Finserve Pvt Ltd’s control. I/we understand and agree that any material and/or data downloaded or otherwise obtained through this Website/s is done entirely at my/our discretion and risk and I/ we will be solely responsible for any damage to my/our computer systems or loss of data that results from the download of such material and/or data.
5. I/We understand and accept that no information with regards to the Report/s, the Request Form, the Reports, or any of the Products and Services shall be provided by me/us via telephone or in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof. If any information is provided by me/us via telephone in person or vide e-mail excluding vide the document relating to Identity Proof or Address Proof, WhiteCliff Finserve Pvt Ltd shall have no responsibility for any damage or loss to me/us due to such provision of information by me/us.
6. This Website/s is on an “as-is”, and “as available” basis, and WhiteCliff Finserve Pvt Ltd expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Apart from the above, the respective Report/s and/or Products and Services shall have their disclaimers. I agree, acknowledge, and accept the same.
1. Severability
If any provision of these Terms is declared by any juridical or other competent authority to be void, voidable, illegal, or otherwise unenforceable or indications of the same are received by either me/us or WhiteCliff Finserve Pvt Ltd from any relevant competent authority, WhiteCliff Finserve Pvt Ltd shall have the right to amend that provision in such reasonable manner as it thinks fit without illegality or it may be severed from this Agreement in such manner as WhiteCliff Finserve Pvt Ltd thinks fit and the remaining provisions of these Terms shall remain in full force and effect unless WhiteCliff Finserve Pvt Ltd decides in its sole discretion to stop the provision of the Report/s and/or Products and Services either wholly or in part.
2. Variation
In furtherance of these Terms and subject to applicable laws, I/we understand that WhiteCliff Finserve Pvt Ltd reserves the right to issue further directions which shall apply to me/us from, time to time. Other than as otherwise provided by these Terms, all alterations to these Terms shall be made by WhiteCliff Finserve Pvt Ltd with an intimation on this Website and shall become applicable upon such intimation, and without the requirement of any prior notice or intimation to any Consumer of such variation. I/We agree to accept any such variation made by WhiteCliff Finserve Pvt Ltd in this regard regardless of the mode through which I/we have approached WhiteCliff Finserve Pvt Ltd.
3. Non- Assignment
I/We shall not assign or transfer any of my rights and/or obligations about the transaction contemplated herein under or under these Terms to any other person
4. Indemnification
I/We agree to defend, indemnify, and hold harmless WhiteCliff Finserve Pvt Ltd, its officers, directors, employees, agents, licensees, affiliates, advisors, successors and assigns from and against any loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorney fees) suffered and/or incurred (as the case may be) by WhiteCliff Finserve Pvt Ltd and/or resulting from (i) breach by me/us of any these Terms; (ii) claims made against WhiteCliff Finserve Pvt Ltd by third parties including any bank/credit institution arising under the provision of services concerning the Transaction and/or any matters incidental thereto.
5. Miscellaneous
I/We hereby confer WhiteCliff Finserve Pvt Ltd with the right to use any data and information provided by me/us vide the Request Forms in any manner including for any purpose stipulated by WhiteCliff Finserve Pvt Ltd, provided that the same shall be valid under applicable law.
I/We understand that by providing my/our mobile number and email address. I/we have assented to receiving SMS (es)/Email (s) and I/we may be sent SMS (es)/Email (s) to update the status of my/our order for Report/s / Products and Services on WhiteCliff Finserve Pvt Ltd’s Website www.whitecliff.in. I/We further understand that by providing my/our said mobile number and email address (es), I/we have also assented to receiving calls and emails from WhiteCliff Finserve Pvt Ltd, their agents, etc. regarding any other WhiteCliff Finserve Pvt Ltd services not covered hereunder.
6. Force Majeure
WhiteCliff Finserve Pvt Ltd shall not be liable for any failure to perform any of its obligations under these Terms or provide the Report/s and/or the Products and Services or any part thereof if the performance is prevented, hindered, or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
Force Majeure Event means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government or acts of third party/ies.
7. Governing Law, Jurisdiction And Arbitration
These Terms are governed by and are subject to Indian laws.
In the event of any claim, dispute, or difference arising out of or about these Terms, the claim, dispute, or difference shall be referred to arbitration to be conducted by a sole arbitrator to be appointed by WhiteCliff Finserve Pvt Ltd who shall be the presiding arbitrator and the decisions and award of the arbitral tribunal shall be final and binding. The arbitration proceedings shall be held in Nagpur shall be conducted in the English language and be governed by the provisions of the Arbitration and Conciliation Act, 1996, and any modification or re-enactment thereof in force at the relevant time. All costs of such arbitration shall be borne by the Consumer.
Subject to what is stated above, any matters which may require the intervention or any determination by a Court, including any appointment of any arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996, whether before, during, or after the aforesaid arbitration, shall be subject to the exclusive jurisdiction of the Courts in Nagpur.