Corporate card terms and conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.


These terms and conditions under this Corporate Card Terms and Conditions (“User Terms”) apply on the usage and access of our website www.volopay.com/in/terms/ and/or platform (collectively called “Website”), Service/s and to all information, recommendations and/or services provided to you on or through the Website and/or through the user(s) Support and Care (“CC”) at support@volopay.co.


The term “You / Your” refers to the User of Service, Website and the Corporate Card.


This version of “Corporate Card” Terms and Conditions should be read in conjunction with Platform Terms (https://www.volopay.com/in/terms/) and Privacy Policy (https://www.volopay.com/in/privacy-policy/) mentioned on the official Website of the Company and You agree that it shall be Your sole responsibility to check for any updates to the Terms.


The terms and conditions mentioned in this User Terms along with Terms and the Privacy Policy constitute the entire contract between the “User” (as defined below) and “Volopay” (as defined below) with respect to access to and use of the website and the Services offered by Volopay, superseding any prior written or oral contracts in relation to the same subject matter herein.


Volopay India Private Limited is a wholly owned subsidiary of Volopay Co. Pte Ltd.


Definitions

"Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgement, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question;


"Applicant" means entity(s) who has / have applied for a Corporate Card from Volopay;


"User(s)" shall mean any individual employee working in the employment of the entity/and the entity itself approved by Volopay;


Corporate Card” shall mean a credit facility provided by Volopay and/or Partner to the User(s), which enables the User(s) to make Authorised Transactions and repay such facility/amount within a specified time period, with or without interest, as per the terms and conditions agreed between the User(s) and Volopay and/or Partner(s).


Partner(s)” shall mean a bank or a financial institution who has entered into a legal contract to issue a Corporate Card to the Volopay User(s);


Authorised Transactions” shall mean the transactions through the Corporate Card allowed by Volopay and/or Partner(s) for any day-to-day corporate expenses including the following purposes (but not exhaustive):


● Travel expenses

● Salary disbursement

● Digital Marketing expense

● Vendor & bill payments

● Office Subscription

● Any other purpose(s) which is included by Volopay and/or Partner(s) later.


Platform” shall mean technology platform provided by Volopay that allows User(s) to manage their ongoing business expenses in an intelligent and hassle free manner;


T&Cs” means these Terms and Conditions and all other applicable rules, guidelines, policies of Volopay and/or Partner(s) as set out on the Website or incorporated herein by way of reference, as may be modified from time to time, which shall be applicable to the User(s)


Credit Limit” shall mean the credit facility limit assigned on the Corporate Card sanctioned to the User(s) on the basis of eligibility criteria laid down by Volopay;


Available Limit” shall mean the credit limit available by Volopay and/or Partner(s) post deduction of the utilized limit from the Credit Limit;


Total Amount Due” shall mean and include the outstanding amount of Corporate Card to Volopay and/or Partner(s), all fees, costs, charges, expenses and all other sums whatsoever payable by the User(s) to Volopay and/or Partner(s) in accordance with the terms herein


"Payment Due Date" means the date every month, on which the payment in respect of the charges incurred by usage of the Card by the Card Member falls due as communicated through the Statement.


Payable” shall mean any amount of money due and payable by the user to VoloPay.


Tariff Annexure” means an annexure detailing the charges applicable for the services offered on the Card. These charges will be available with the Cards Application Form and are subject to changes at the sole discretion of Volopay India Private Limited and its Partner(s). However such changes in charges may be made only with prospective effect giving prior notice of 30 days to the Card Member. 


"Force Majeure" shall mean any of the events or circumstances or combination of events or circumstances that is beyond the reasonable control of Volopay and adversely affects the performance of Volopay of its obligations under these Terms and Conditions.


As long as the Cards are in the possession of the User(s), it is the duty of the User(s) to keep it safe and secure. 


If the Cards are lost or stolen, the User(s) shall take immediate steps to inform Volopay or the Partner(s) and shall comply with the Partner’s Terms.


The usage of Cards shall be governed by the applicable laws of India. Any change in Applicable Laws may affect the usage at any point of time.It will be the responsibility of the User to check with T&Cs governing the use of Volopay from time to time.

1. User Eligibility

● User(s) as approved by Volopay, shall have the right to use the Corporate Card facility provided by Volopay.


● The Service is available only to User(s) who can form legally binding contracts under the Applicable Law.


● User(s) must be an authorised signatory representative of a Private Limited or Public Limited Company If the User is an authorised signatory representative of an LLP, the LLP ought to be a subsidiary of a Private/Public Limited Company. 


● Volopay advises its Users that while accessing the Website, Service or CC, they must follow and abide by the Applicable Laws. Volopay at all times reserves the right to deny the Service.

2. Privacy Statement and Consent

● User(s) agree and acknowledge that Volopay may collect your personal information (including personal data as defined under the Information Technology Act, 2000) to identify you, process any applications you make, provide our services to you, comply with our legal and regulatory obligations and for our own internal business development purposes including financing arrangements.



● Unless you tell Volopay not to, Volopay may also use your information to let you know about products or services that may interest you. Volopay may also share your information with the relevant third parties at which your Volopay Plan purchase was made. Your personal information may also be disclosed to a debt collector if you are in default under this Volopay T&Cs. Volopay may obtain a credit report about you in connection with your Volopay Plan and you consent to Volopay doing this. A Credit Information Company (“CIC”) may include information about you in credit reports to credit providers (such as us) to assist them in assessing your creditworthiness. If you fail to meet your payment obligations or if you commit a serious credit infringement, Volopay may be entitled to disclose this to a CIC. The CIC Volopay uses whose policy on the handling of personal information related to credit can be found at their corresponding websites. You have a right to request a CIC not to use your information for the purposes of pre-screening, direct marketing and you can also request a CIC not to use your information if you believe on reasonable grounds that you have been or are likely to be the victim of fraud. 


● Our Privacy Policy, sets out how Volopay manages the personal information it holds (including information about your credit) and how you can seek access to, or the correction of, the information Volopay holds about you. It also sets out how you may complain about our information handling practices and how Volopay deals with such complaints.


● User(s) agree that it is fully competent and authorized to make this request for availing the Corporate Card facility from Volopay and/or Partner and to give declarations, undertakings etc., and all other information and documents uploaded/ submitted to Volopay and/or Partner thereunder for the purpose of availing the Corporate Card facility.


● User(s) understand that the sanction of Corporate Card facility and subsequent sanction of line of credit is at the sole discretion of Volopay and upon executing necessary documents, including Corporate Card T&Cs, providing any security(ies) and other closing formalities as required by Volopay and/or Partner(s). You agree that Volopay and/or Partner at its sole discretion may reject the application without providing any reasons, and User reserves no right to appeal against this decision.


User hereby declares that the details and documents furnished to Volopay and/or Partners are true and correct, and User undertakes to inform Volopay and/or the Partner of any changes therein, immediately. In case any of the provided information are found to be false or untrue or misleading or misrepresenting, User shall be held liable for it.

3. Data Protection and Data Transfer

● Volopay and/or Partners shall comply with all the applicable obligations under the relevant data protection legislation(s). 


● You authorise Volopay to collect, process, use, disclose or otherwise transfer Customer Personal Data, for the purposes of fulfilling the obligations and providing the Services required under these User Terms, and for the purposes of any related business that Volopay and/or Partners have stipulated to otherwise, including the selling of Receivables by Volopay to other parties.


● You authorise Volopay to disclose any particulars related to your card and/or your use of the card(s) and/or personal information as stated above to Volopay disclose your Customer Personal Data to our related entities, service providers and agents located in India and overseas. 


● By clicking on the tab/button/ checkbox of Volopay Corporate Card T&Cs or any other button/checkbox of similar nature, the User unconditionally and irrevocably provides its consent for (i) the collection, processing, usage, disclosure of the Customer Personal Data, (ii) for the transfer of Customer Personal Data outside India. 

4. The Services

The User(s) hereby decides to avail the services of Volopay India Pvt. Ltd. (Volopay) for its corporate purposes including expense management solutions and Corporate Card as defined on the Volopay website.


The scope of work and the fee and charges payable by the User(s) for the services and the User(s) Plan are as set out under these Terms and Conditions.


User(s) shall, prior to availing of the Services of Volopay agrees to have read and understood the Terms www.volopay.com/in/terms/ mentioned on the official Website of the Company 


All payables by the user(s) to Volopay shall be constituted as a “Corporate Card payable” as defined under the Terms of Use. The “Corporate Card payable” is defined as any amount of money due and payable by the User(s) to VoloPay related to the services which includes but not limited to the items constituted as Authorised Transaction defined in this User Terms.

5. Volopay Corporate Card (the ‘Cards’)

● The Cards issued to the User(s) is the property of the Partner(s) and/or Volopay. Volopay grants a non revocable ‘right to use’ license to the User(s) for using the Cards. The User(s) shall return the Card(s) to Volopay, any time upon request.


● The right of issuance of the Cards remains with its Partner(s) and Volopay is acting as a program manager.


● Cards may be withdrawn from use any time, without any intimation to the User(s), in case the Volopay is of the considered view that the Cards are being used for unauthorized purposes and the User(s) fails to comply with terms of this Terms and Conditions.


● User(s) also authorises Volopay to furnish information with respect to User’s Corporate Card to credit authorities bureaus or others as per the Applicable Laws. 

6. Authorised Purposes

● The Cards can be used for any day-to-day corporate expenses including the following purposes (but not exhaustive) as mentioned under “ Authorised Transactions”.


● If the User(s) uses or allows third parties to use the Card(s) for any other purposes, User(s) shall be responsible for such use and may be required to reimburse Volopay, the Partner(s) for all amounts or expenses as a result of such use. Volopay and the Partner(s) reserve the rights to recover such amount from the User(s) through appropriate recovery actions.


● The usage of Cards shall be governed by the applicable laws of India. Any change in Applicable Laws may affect the usage at any point of time. You are advised to keep abreast of User Terms and the T&Cs on a regular basis.

7. User’s Credit Limit

Volopay reserves the right to (1) ascertain the credit worthiness of the Applicant by obtaining credit bureau report and such other reports as it may deem necessary and (2) decline to issue a line of credit to any Applicant at its sole discretion. The Card is not transferable and its usage is subject to the terms mentioned herein and any additional conditions stipulated by Volopay from time to time. Volopay user(s) Care Centre and/or Platform service(s) is available to all Card Members. The Card Members availing of any services /facilities including but not limited to, enhancement of credit limit, enquiry on transactions, Total Amount Due, Statement details, Payment Due Date, etc. through Volopay user(s) Care and/or internet banking, shall at all times continue to be bound by the terms and conditions stipulated by Volopay with respect to the services/facilities and the mode of availing such facilities/services, as amended from time to time.


User(s) shall not use the Cards over and above the Credit Limits as set out Volopay. Any use, beyond the credit limit shall be construed as ‘Unauthorised use’.

8. Statements and Reporting

Billing statements and reports will be available on-line. At user(s)’s request, Volopay will:


● provide paper copies of billing statements and reports for a fee.


● User(s) understands and agrees that Volopay may filter data received from merchants from time to time as necessary to provide complete reporting information to user(s).

9. Credit Information

User(s) hereby authorizes Volopay to make any credit investigations Volopay deems necessary or appropriate and to request reports from any authorities/bureaus/third party vendors/ in connection with the Services or any update, renewal or extension of credit. user(s) also authorizes Volopay to furnish information with respect to user(s)’s Account to credit authorities bureaus or others as per the applicable laws.

10. Cancelled Transactions

In the event of a cancellation of goods/ services purchased through Card, User shall pay for the purchases made as it appears in the account statement as generated by Volopay.


In the event of a cancellation request being made by a User/Merchant, the amount for such cancelled transaction shall only be credited to User’s Corporate Card account as and when the same is received by Volopay from the Merchants.

11. Chargeback, Dispute and Refunds

The Customer shall be solely responsible for all payments with respect to refunds and chargebacks and Volopay shall not be liable for any claims, disputes, penalties which may arise in connection with such refunds or chargebacks. The Customer agrees to indemnify Volopay in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly in relation to refunds or Chargebacks for all Transactions initiated and instructed through the Volopay Platform or through other medium.


Notwithstanding anything contained herein, the Customer hereby fully confirms and agrees that Volopay, or Issuing Partner reserve the right to reject payments with respect to any Customer Charge for reasons including but not limited to unlawful, unenforceable, doubtful or erroneous transaction, chargeback, refund, fraud, suspicious activities, card Authentication and Authorization issues, overpayment made due to mathematical errors or otherwise, penalties incurred, Transaction related issues, issues related to Delivery, Customer Charge or Product, if the Transaction was not made in accordance with the requirements of Volopay and/or the Issuing Partner and/or Card Association.


In the event of rejection of payment with respect to Customer Charge, chargeback, refunds or other outstanding amounts due to Volopay, and/or Issuing Partner, Volopay and/or Issuing partner reserve the right to reverse the credit given to the Customer or Vendor or Vendors Bank Account or set-off the payment amount rejected, chargeback or refunded or the Outstanding Amount against Settlement Amount payable to the Vendor or Vendors or Customer or utility service provider. Volopay and/or Acquiring and/or Issuing Banks may also deduct the payment amount due from future Settlement Amounts payable to the Vendor or Vendors or Customer with respect to subsequent Transactions and/or ask to pay before any future transaction processing. 

 

All Settlement Amount due to the Vendor(s), Customer or utility service provider may be suspended or delayed till such time as Volopay, and/or Issuing Partner deems fit, if 

(a) the Customer or a third party commits any fraud or violates any law or legal requirement;

 

(b) Volopay and/or Issuing Partner have reasons to believe that a fraud has been committed by the Customers,


(c) the Customer has excessive pending Chargebacks or poses high Chargeback and/or refund Risk; or 


(d) for any other reasonable reasons. 


Volopay reserves the right to reject or de-board any Vendor/service provider found violating Acquiring/Issuing bank norms & guidelines and/or for OFAC/Sanctions/AML purposes.

12. Payment

● User(s) shall make payments for the purchases made via Card in the following manner to be considered for payment within terms:30 Days billing cycle with 10 days grace period. Any delay in payment beyond the due date corresponding to a billing cycle will attract a Net Interest rate on Late Payments of 3%+ GST on the total amount due for the respective billing cycle.


● Volopay or its representatives may notify (including by means of post, emails, SMS, phone calls, automated phone calls) the User at any time (including before/on and after the due dates of payment) regarding the details of payments due. User(s) agrees to the sufficiency of such notification and agrees to make the payments due forthwith upon such notification.


● In the event of User not being provided notice of non-payment of due for reasons attributable to the User(s) or the User(s) not adhering to the payment terms mentioned above (as may be applicable), Volopay and/or Partner shall (i) be entitled to gather information in accordance with Applicable Law from third parties in respect of the User for the purpose of collection of amounts due from the User; (ii) be entitled to engage third party collection agencies for the purpose of collection of amounts due from the User and (iii) be entitled to report any information relating to non-payment of amounts due from the User to CICs or any other person having the authority to collect such information in accordance with Applicable Law. Volopay reserves the right to vary such fine or impose any other fine in addition to or in replacement thereof.


● If the User does not pay the amounts due for a period of 7 days from the date such amounts are due, Volopay may suspend the usage of the account of the User at its discretion and notify the User regarding such suspension of account. Volopay may revoke such suspension upon imposing any additional terms and conditions on the User and such additional terms and conditions shall be deemed to constitute a part of the User Terms. Volopay and/or Partner reserves the rights to proceed against You in any manner as Volopay and/or Partner may deem fit (including but not limited to any court process in a jurisdiction of Volopay’s choice) as per Applicable Law.

13. Event of Default

The following acts, as set out below, shall constitute an ‘Event of Default’ by the Corporate Card user:


Payment Default: The default in making payment of the Total Amount Due as payable under Pay Later facility.


Breach of Terms: Breach of any terms and conditions, representations, warranties, covenants or occurrence of any fraud, misrepresentation or failure to submit any material information.


Bankruptcy or Insolvency: User becomes bankrupt or insolvent, voluntarily or involuntarily becomes the subject of proceedings under any bankruptcy or insolvency law.


Illegality: It is or becomes unlawful for the User to perform any of its respective obligations.


In the event of any breach of this Terms and Conditions, Representation and Warranties as annexed in point No.13, committed by the user(s), including, without limitation, failure to comply with the credit limit and payment terms hereof, Volopay shall have the right to immediately suspend the Account, without notice to the user(s). In the event of any such breach or default is not cured within fifteen (15) days, Volopay may terminate the services forthwith. User(s) obligation to pay the Debt incurred before the effective date of termination shall survive termination.


User(s) also agree that Volopay may report the defaults from time to time to any Bureau in India and assign the case to third party debt collectors for collection of any outstanding or due money as per the billing cycle/ monthly statements.

14. Representation and Warranties of user(s)

User(s) represents and warrants to Volopay that: 


● have full and exclusive right and power to enter into and perform according to the terms and conditions mentioned in the Volopay Platform and this Terms and Conditions.


● By accepting these Terms and Conditions, the user(s) does not infringe or misappropriate any copyright, patent, trade secret, trademark, or other proprietary right held by any third party and is free of any lien, claim, security interest or encumbrance; 


● The information provided by the user(s) and the related documents are complete and accurate, and shall comply with all applicable laws and regulations; 


● user(s) shall, while using the Cards take all precautionary prudent measures to protect it from unauthorized use. 


● user(s) will use the Cards for the authorized purposes only. 


● user(s) shall not disclose any information with respect to the Cards, Volopay and the Terms and Conditions to third parties;


● user(s) will use the Cards only for legal purposes.


● user(s) understand and agree that Volopay may report the cases to any authorities/bureaus/third party vendors/ or any other competent agencies while delivering its services.


● user(s) without any conflict shall abide by all Monthly Statement information including Credit Limits/ Facility Amount, Utilization Amount, Outstanding Amount, Monthly Fixed SaaS fees, Late Fees etc. made available on platform or through other electronic medium like registered emails etc. from time to time. 


● user(s) will duly accept all the changes, modification, amendments of Terms of Use and Monthly Statement information including Credit Limits/ Facility Amount, Utilization Amount, Outstanding Amount, Monthly Fixed SaaS fees, Late Fees etc. from time to time. Such changes, modifications, amendments will be shown on the Volopay platform from time to time.


● user(s) will fully use the Credit Limits/Facility Amount and give first usage rights to Volopay. In case, Credit Limits are not utilized to the optimum extent on a monthly basis, Volopay may reduce the sanctioned amount.


● user(s) acknowledge that the Credit Limits as mentioned will be adjusted dynamically on need basis. User(s) may request for increment or reduction of the credit limit, approval for such requests is at the sole discretion of Volopay India Private Limited.

15. Amendment To Terms of Contract

Volopay India Private Limited and its Issuing Partner(s) shall have the absolute discretion to amend or supplement any of the terms and conditions specified in User Terms and T&C, taking the Agreement with the User in its totality, features and benefits offered on the Card including, without limitation to, changes which affect existing balances. The Card Holder shall be liable for all charges incurred and other obligations, if any, under these revised terms and conditions. Volopay India Private Limited and its Issuing Partner(s) may communicate the amended Terms by hosting the same on the internet banking or in any other manner as decided by Volopay India Private Limited and its Issuing Partner(s). The Card Holder shall be responsible for regularly reviewing these terms and conditions specified in T&C including amendments thereto as may be posted on the website of Volopay and shall be deemed to have accepted the amended terms and conditions specified in T&C by continuing to use the Card. Any change in the terms and conditions specified in T&C shall be communicated to the Card Holder, in the manner as aforesaid, one month prior to the date of their implementation.


Continued use of the Corporate Card by the User constitutes and will be deemed to constitute the User’s acceptance of the applicable T&Cs as may be amended from time to time. Volopay has the right to not entertain any requests from the User in relation to any such amendment without assigning any reasons. If at any time the User does not agree with the T&Cs, the User shall be entitled to immediately cease its use of the Corporate Card upon making payment of Total Amount Due.


Volopay also reserves the right to freely transfer or assign its rights and obligations vis-à-vis the user under these User Terms (including the transfer or assignment of the account of the User maintained with Volopay and the provision of Services to the User) to any third party, without the requirement of seeking any further consent from the User.

Term and Renewal

The term of this T&C shall be in perpetuity from the date of accepting this Contract. In case of termination, the User(s) shall return all Cards to Volopay along with the payment of Debts. The User may choose to terminate this Agreement as per the conditions specified in the T&Cs. 

Limitation of Liability

Volopay shall not be liable to user(s) for any loss or damages sustained by user(s) as a result of delay in servicing a transaction request, delay resulting from equipment failure or transmission failure, force majeure events or any other cause which are not within the direct control of Volopay. 


IN NO EVENT SHALL VOLOPAY BE RESPONSIBLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER VOLOPAY WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. VOLOPAY MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


Without prejudice to the remedies available to Volopay India Private Limited and the terms and conditions, Volopay India Private limited / Issuing partner(s) shall be under no liability whatsoever to the user(s) in respect of any loss or damage arising directly or indirectly out of:


● any defect in any goods or services supplied;


● refusal of any person/ merchant to honour or accept a Card;


● malfunction of any computer terminal;


● giving of transaction instruction by any person other than by the user(s);


● Volopay and its card issuing partner(s) shall not be liable for any consequences arising out of use/misuse/sharing of confidential information of the Card by the user(s) to any third party or any kind of use/misuse if the Card comes into the hands of any third party. If any third party gains access to the services, including the Card, the user(s) shall be responsible for and shall indemnify Volopay India Private limited/ issuing partner(s) against any liability, costs or damages arising out of such misuse/use by any third party due to or in connection with such access and use or otherwise.


● handing over of the Card by the user(s) to anybody ;


● Volopay exercising its right to demand and procure the Card prior to the expiry date as featuring on the face of the physical card;


● exercise by Volopay of its right to terminate any Card and the Card Account;


● any injury to the credit character and reputation of the User(s) alleged to have been caused by the repossession of the corporate Card and/or, any request for its return or the refusal of any merchant/ mail order establishment to honour or accept the Corporate card;



● any mis-statement, misrepresentation, error or omission in any details disclosed by Volopay; In the event a demand or claim for settlement of outstanding dues from the user(s) is made, either by Volopay or any person acting on behalf of Volopay, the user(s) agrees and acknowledges that such demand or claim shall not amount to be an act of defamation or an act prejudicial to or reflecting upon the character of the User(s), in any manner.

Indemnity

User(s) shall indemnify (the “Indemnifying Party”) and hold Volopay, Partners, its affiliates, stockholders, directors, officers, employees, agents, consultants, subcontractors and user(s)s (collectively “Indemnified Parties”) harmless from and against any and all loss, damage, deficiency, cost, claim, expense, judgment or liability (including costs of defense, court costs and reasonable attorney fees) (collectively “Claims”) occasioned, incurred, suffered or alleged to have been occasioned, incurred, suffered by third parties arising out of or in connection with, in whole or in part, directly or indirectly, the Indemnifying Party’s 


(a) breach of this T&Cs;


(b) misrepresentation or breach of any representation or warranty given by the user(s) for availing services; and/or


(c) arising from or relating to injury to property or injury to person, including death, as a result of any act or omission (whether intentional, negligent or otherwise) in connection with the obligations under this T&Cs.

Force Majeure

In these Terms and Conditions, "Force Majeure" shall mean any of the events or circumstances or combination of events or circumstances that is beyond the reasonable control of Volopay and adversely affects the performance of Volopay of its obligations under this T&Cs. 


 Volopay shall not be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this T&Cs due to one or more events of Force Majeure or its or their effects or by any combination thereof.  In no event shall Force Majeure exclude the user(s)’s obligation to pay Debts, under these T&Cs.

Consent To Accept Terms Of This Terms and Conditions

By clicking on the tab/button/ checkbox of Volopay Corporate Card(s) T&Cs or any other button/checkbox of similar nature, (i) the User unconditionally and irrevocably agrees to be bound by and comply with the T&Cs at all times. The User’s access to and use of the Volopay Platform, in furtherance to availing of the Corporate Card(s), shall also be in accordance with the T&Cs and other terms and conditions as may be applicable for accessing or using the Volopay Platform. All representations, warranties, covenants, Terms and Conditions, undertakings and acknowledgements of the User set out in the T&Cs are provided on an irrevocable and unconditional basis unless expressly specified otherwise.

Equifax Terms And Conditions

I hereby declare, under the penalty of perjury, that the information provided above is true and correct, to the best of my knowledge. I also declare that I have read and understood the terms and conditions provided in the agreement. I also agree that if any changes are made in those terms and conditions from time to time, the same would also be binding on me. I confirm that whatever I have stated above is true and correct, and if any information is found to be false then Volopay India Private Limited. would be at liberty to withdraw all the Services provided to me, without any notice or assigning any reason. I also indemnify Volopay India Private Limited against any losses that might be incurred on account of me providing the said false information or giving wrong facts.


I authorise Volopay India Private Limited to request and receive my credit score and/or a copy of my Credit Information Report (CIR) from Equifax now and on a periodic basis at its discretion until such time I communicate in writing to Volopay India Private Limited to discontinue such requests. I fully understand that the CIR is a record of my credit payment history compiled with information received from Credit Institutions. The purpose of this CIR is to help Credit Institutions make informed lending decisions - quickly and objectively, and enable faster processing of credit applications to help provide speedier access to credit at better terms.


I understand Volopay India Private Limited may apply for the CIR and credit score by either themselves directly or through any of their partner tie-ups who are members of CIC, and I fully authorise Volopay India Private Limited to share my details with such partner. I authorise Volopay India Private Limited to request and receive confidential credit and account information from creditors, credit reporting agencies, and any other third parties who are involved with my credit issues. I further authorise Volopay India Private Limited to receive any letter, communication with respect to the above accounts from respective creditors on my behalf and forward the same to me.


I fully understand that Volopay India Private Limited does not undertake to modify, correct or improve my credit bureau reports.

EQUIFAX AUTHORIZATION LETTER

Annexed to Common Application Form


I do hereby authorise Volopay India Private Limited(“Volopay”) to do all acts on my behalf as may be necessary including to execute/sign application(s), make payment of applicable fees* and generally to all other acts as may be necessary to receive, on my behalf and at my request, my Credit Information Report (CIR) from Equifax Credit Information Services Private Limited(“Equifax”) at the following address/email id:support@volopay.co now and on a periodic basis as and when such requests are made.


I hereby confirm that all the powers hereby conferred may be exercised by officer(s) or manager(s) / agent(s) / employees of the Volopay India Private Limited who is duly authorized.


I hereby confirm, agree, undertake and accept that I shall at all times be solely responsible for all the above actions and omissions of Volopay India Private Limited shall be binding on me as though such actions had been carried out by me directly. I further confirm that my CIR shall be used only for the purpose as mentioned in the attached standard terms and conditions and I shall be solely liable for, and indemnify and hold harmless Equifax for and against, any and all third party claims or damages or proceedings of any kind, arising from or in connection with (a) any misrepresentations, incorrect information or omission of any critical information in my application, or (b) furnishing my CIR based on this authorization letter, and shall not at any time hold Equifax or its affiliates and their respective officers, directors, employees or representatives liable in this respect.


I hereby also confirm that I have only appointed Volopay India Private Limited to be my authorized agent/representative for collection of my CIR.


I undertake to keep Equifax intimated and informed at all times, of any renewals or termination of the authorization to Volopay India Private Limited or any amendments, modifications or changes in the terms governing the obligations or my relationship with Volopay India Private Limited.


I shall at all times co-operate with Equifax and execute and deliver to Equifax such instruments and documents and take such other actions as may be required by Equifax from time to time in connection with this authority letter.


I am enclosing the following documents as my identity verification for the purpose of obtaining my CIR from Equifax.


*as specified in the provisions of CIC Laws


Standard Terms and Conditions applicable to Individual Consumer of Equifax Credit Information Services Private Limited (Equifax)


A. Definition: The words Credit Information used in this section mean: the details of your credit / loan Account or other borrowings provided in the Equifax Credit Information Report (CIR) provided to you.

Other terms not defined herein shall have the meaning as per the Credit Information Companies (regulation) Act, 2005 and Rules and Regulations made there under (together referred as “CIC Laws”).


B. The processing of your request (Services) will start after receipt of your CIR request form (Request Form) duly signed by you or your authorised person, with the relevant documents.


C. Processing and Dispatch of an Equifax Credit Information Report:


(a) On receipt of completed Request Form, along with relevant documents as mentioned above there will be a verification and validation process. The below mentioned conditions are applicable:


● you must be over 18 years of age;

● you agree to pay the Price as indicated in the Request Form;

● you must provide us with complete and accurate details such as your full name, date of birth and address of residency;

● each request is for one person only, we do not accept joint request;

● If we cannot validate the information you have provided in your Request Form and the documents you have submitted, we will write to you for further/additional information and if you do not provide this additional information within 30 days from the date of our written request to you for information, we will not be compelled to process your request.


(b) We would be unable to provide the CIR to you/your authorised person if we have been unable to validate your information; or you have not provided us the additional information as we requested from you to complete the validation process within 30 days from the day of our request for further information is issued. If the information you receive is damaged for reasons or circumstances beyond our or your reasonable control or if you think we have not provided the Services we agreed to provide you, you should contact us either in writing addressed to Equifax Credit Information Services Private Limited, Unit No.931, 3rd Floor, Building No.9, Solitaire Corporate Park, Andheri Ghatkopar Link Road, Andheri East, Mumbai – 400093 or call us at Toll Free No. 1 800 209 3247 or email us at ecissupport@equifax.com


D. Permitted Use of Information: You agree that you shall not reproduce or use the CIR except as permitted under the provisions of CIC Laws.


E. Third Party Rights: Anyone other than you shall not be able to enforce any part of the Conditions mentioned herein.

a. Applicable Law and Jurisdiction: These Conditions shall be governed by and understood in accordance with Indian laws, more specifically the CIC Laws and courts in the city of Mumbai will have exclusive jurisdiction.


F. Applicable Law and Jurisdiction: 


These Conditions shall be governed by and understood in accordance with Indian laws, more specifically the CIC Laws and courts in the city of Mumbai will have exclusive jurisdiction. 


G. Liability:


(a) The CIR provided is based upon the data which is relevant at the time the CIR sent to you. You therefore acknowledge and accept or agree that the accuracy and/or relevance of the CIR may change after it is delivered to you. Equifax will not be responsible for any failure to generate a CIR in the event the bank or credit / financial institution that you are a customer of ceases to provide data to us.


(b) The Information supplied does not constitute any form of advice, recommendation or endorsement by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision. We do not accept any responsibility for any loss including consequential, incidental, indirect, exemplary or special damages, including lost profits that may arise from relying on the Information. Neither Equifax, nor its officers, directors, employees or agents shall be liable to you for any claim, injury or damages suffered by you consequent up on furnishing the CIR to you.


(c) Equifax will use best efforts in the supply of the CIR to you. As we obtain the data from our members, Equifax does not guarantee the timeliness, correctness or completeness of such Credit Information. Equifax will check the quality of data received from its members to ensure that the CIR provided to you is accurate, on a best efforts basis.


(d) Equifax’s liability to you arising in contract, tort or otherwise from any information or from any action taken (or refrained from being taken) as a result of the Services is limited as follows:


● Equifax has no other liability to you until it has received notice of your complaint or issue and its liability to you is limited to the Price paid by you;

● Equifax has no other liability for any complaint or issues, delays or defects in the Information if such complaint or issues, defects or delays are caused by any event or circumstances beyond its reasonable control;

● Equifax does not accept any liability to you for any indirect or consequential loss or damage arising out of the Services;

 

H. Modification of terms: The terms and conditions mentioned herein may be modified by Equifax in its sole discretion from time to time.


I. Other Terms and Conditions:


(a) If a court finds any part of these conditions to be invalid, the remaining parts of these conditions shall continue unaffected.

(b) If either of us fails to exercise any right or legal remedy available to either you or us any such failure shall not prevent you or us from relying on these at a later date.

(c) Headings in these Conditions are for convenience only and will have no legal meaning or effect.


J. Contact details


In case of any query with regards to our Services and /or issues, you can write to us at: Equifax Credit Information Services Private Limited, Unit No. 931, 3rd Floor, Building No.9, Solitaire Corporate Park, Andheri Ghatkopar Link Road, Andheri East, Mumbai – 400093 or call us at Toll Free No. 1 800 209 3247 or email us at ecissupport@equifaxindia.com