This document is an electronic record in terms of the Information Technology Act, 2000 and the rules thereunder 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.
Sixdis Technologies Private Limited, whose registered office is situated at 5012, Prestige Ferns Residency, Haralur Road, HSR Layout, South Bangalore, Bengaluru, Karnataka 560102. (hereinafter shall be referred to as "Oolka" or ”Company" or ”us" or ”we" are the owner of the mobile application by the name “Oolka” or “Oolka” (”App") and website at www.oolka.in (”Website") (App and Website are hereinafter together referred to as the ”Platform").
These Terms and Conditions together with our Privacy Policy (collectively “the Terms”) and Additional Terms (if any, as may be separately agreed between You and Oolka in connection with specific Services that you may avail from time to time) are the terms and conditions subject to which you are allowed to access/use this website www.oolka.in (”Website") and/or the online, web-based facilities, solutions and services made by Oolka, including available through the Website (“the Service”).
These Terms are legally binding. So please do read through them carefully and make sure you understand them before you accept these Terms. By clicking the box indicating acceptance of these Terms, you acknowledge and agree that you have read and understood these Terms and that these Terms form a legal and binding agreement between us. If you do not agree to these Terms, do not access, or use the Website or the Service or any part thereof.
Oolka may modify these Terms / the Additional Terms from time to time and any changes will be notified to you through the Website or via the Service. Once you have received notice of any change in these Terms/ the Additional Terms, any subsequent use of the Website or the Service will be deemed to constitute your acceptance of such modified / changed Terms.
In these Terms and any Additional Term as may be relevant, “User”, “you” or “your” shall refer to you, the person who is accessing / using this Website / the Service and the term “Oolka”, “we”, “our” or “Oolka” shall refer to Sixdis Technologies Private Limited, a company with its registered office at 5012, Prestige Ferns Residency, Haralur Road, HSR Layout, South Bangalore, Bengaluru, Karnataka 560102 and wherever the context requires, shall also include Oolka’s licensors and affiliates and their respective employees, officers, directors, agents and representatives.
REGISTRATION
- To avail of the Service, you must register on the Website and create an account (“User ID”) with Oolka. Your User ID is usually your mobile number or an email ID you choose. To register and activate your User ID, you will be required to provide certain personal information to Oolka. Alternatively, you could also choose to register using your Facebook or Google access. You may also be required to submit certain documents stipulated as per Oolka’s policies as applicable from time to time. The details of the information / documents that we collect and how we use these information / documents are detailed in our Privacy Policies available on our website, which Policy forms part and parcel of these Terms. If these Terms and Conditions read with our Privacy Policy are not acceptable to you, please do not provide any of your information to Oolka. However, in such event, we may not be able to provide you with our Service or some parts of it.
- The details and / or documents requested are not an exhaustive list of requirements and Oolka reserves the right to require additional documents and / or details as may be deemed necessary by Oolka in its sole discretion, to complete its internal verification process. In the event the details or documents submitted for creating an account are incomplete or discrepant, Oolka will request additional information / documentation through email / SMS or WhatsApp sent to the email ID / Mobile Number as provided by you when you sought to register on the Website. In case the discrepancies remain unresolved or if Oolka is unable to successfully complete its internal verification in accordance with its policies, Oolka shall have the right to reject your request for registering with the Website. Oolka reserves the absolute discretion to accept or reject your request for creating a User ID and/or availing any of the Services, without assigning any reasons for the same.
- If you successfully pass Oolka’s internal verification process and we accept your request for registration on the Website, we will send you an activation code as “one time password” (OTP) to your registered mobile. You can enter the OTP to access your account. Once activated, you can use your User ID together with your password to access the Service and it will remain active until terminated in accordance to these Terms. In case you have used Facebook or Google credentials to register for the Service, then you will have to continue to use such credentials to access your Service.
- By registering and creating a User ID with Oolka, you declare and confirm that:
- You have created the User ID for your own personal, non-commercial use and that the information and documents you provide to Oolka will be your details (and not that any third person).
- You will use the User ID only for yourself and will not use your User ID for the benefit of/detriment of any third party.
- All details and documents that you provide to Oolka are true, complete and accurate and supported by genuine and valid documents submitted to Oolka. You further confirm that you will keep all such information and documents current, complete and accurate at all times for as long as your User ID remains valid. You can log in to your account to review and modify any changed details. You may be required to submit documentary proof as required by Oolka’s policies from time to time to authenticate the modified details and may not be able to use the Service until verification of the changed details is successfully completed by Oolka. You hereby agree that you will indemnify Oolka for any loss, damage, claim, action, costs, charges and expenses which Oolka may suffer or incur as result of acting on or relying on the details and documents provided by you.
- You here by confirm and authorise Oolka, to store a record of all your personal data collected including but not limited to your name(s), date of birth, various identity records like PAN, Aadhar, Driving licence etc., present, and past contact numbers, present and past addresses, employment details for the purpose of providing you with Services under this agreement.
- You will be responsible for safeguarding the security and confidentiality of your User ID and password; that you will not share, assign or transfer your User ID or reveal your password to any third party or do anything else that might jeopardize the security of your User ID; and that you will be solely responsible and liable for all actions/instructions initiated using your User ID except in case of any willful or willfully negligent act on our part.
- You will not create more than one User ID and if we disable your User ID for any reason whatsoever, you will not create another one without revealing the same to us and then again, only with our express permission.
- By providing your email ID and Mobile number, you hereby authorise Oolka to contact you through email, SMS, WhatsApp or such other communication channels to inform you about various products and services which Oolka has identified as appropriate for your profile.
- If you become aware of any unauthorised use of your User ID or password, you must notify Oolka immediately by e-mail addressed to help@oolka.in with the title “Account-Unauthorised Access”.
- Oolka may suspend or terminate your User ID or your use of the Service at any time without notice, if we suspect that any information / documents that you have provided are untrue, inaccurate, not current, or incomplete or if you found to be in breach of any of these Terms.
SCOPE OF SERVICE AND LIMITATIONS
- The Service provided by Oolka is available and appropriate only for use in India.
- The Service provided by Oolka is aimed at improving your credit worthiness and assisting you with taking actions that are expected to enhance your credit rating and consequently, over a period of time, your eligibility for credit assistance from banks or other credit institutions. Basis the specific action that you opt and pay for (wherever such charges are applicable), Oolka will assist you with providing the details of your current credit health and provide you with options on ways to resolve issues and co-ordinate with you to implement the action chosen to improve your chances for becoming eligible for credit assistance over a period of time. You further provide consent and authorise Oolka to retain as long as it deems it fit, any analysis, interpretation, derivative of information obtained from the credit information report and also any information collected from various lenders, for the purpose of fulfilling services under these Terms.
- For details of the various Services offered by Oolka, the scope of such Service provided, the term of the relevant Service and the charges applicable for the respective Service, please refer the relevant Additional Terms.
- You may be required to accept and agree to be bound by additional terms and conditions (“Additional Terms”) for availing the specific Service you choose. The applicable Additional Terms are set out at the point of access to the relevant Services. These Additional Terms are in addition to, and not in derogation of these Terms. In the event of any of these Terms conflicting with any Additional Terms, the Additional Terms shall prevail to the extent of such conflict, in respect of, and to the extent it relates to that particular Service.
- All transactions undertaken on your behalf by Oolka will be on the basis of your express instructions/prior approval and will be strictly on a non-discretionary basis. Oolka only offers to provide options and assist you (using commercially reasonable efforts) with actions that you could take to improve your credit record and remove negative comments in your credit history, with the sole aim of improving your credit rating and improving your chances of becoming eligible to receive financial assistance from banks or other credit institutions. You fully understand and agree that the decision on the course of action that you chose to adopt will rest exclusively with you and you are not obliged to accept any advice / recommendations provided to you by Oolka. Oolka shall not be responsible for any adverse impact resulting from your decision on the course of action that you choose to adopt or your failure to abide by the financial obligations you undertake pursuant thereto. While determining your course of action, you are required to independently analyse all relevant factors and exercise your independent discretion.
- The Service provided to you is based on your credit information report and credit rating maintained by various authorised Credit Information Companies (CICs) in India and any other financial information that you may choose to provide to Oolka or authorise/ give consent to obtain from such CIC. If the information and details provided to Oolka (by the concerned CICs or you) are incorrect or incomplete, it will adversely affect the quality of the Service. In addition, there are several unknown factors beyond the control of Oolka that may impact the outcome of the Service. For instance, credit scores are calculated differently by the various credit information companies; banks and other lending institutions may have their own internal policies subject to which they accept settlement of delayed dues or offer financial assistance and therefore, it is impossible to predict how any one specific action that we may recommend will affect your credit rating or your ability to obtain financial assistance. Therefore, you hereby understand and acknowledge that the reports and analysis provided to you by Oolka is based on Oolka’s commercially reasonable efforts and our past knowledge and experience, and Oolka does not guarantee any outcome vis-à-vis your credit report or credit rating maintained by CICs nor do we guarantee that you will receive financial assistance from any bank or other credit institution. Individual results may vary based on several factors which are beyond the control of Oolka. While we make commercially reasonable efforts to ensure that our analysis are comprehensive and will provide you with options to improve your credit rating and credit worthiness, it is not meant to be exhaustive or conclusive and errors may occur.
- By accepting these Terms, you hereby give consent and authorise Oolka at its discretion to:
- Request and receive reports from CICs now and for a period of next six months.
- Retain and store such reports for a period of six months from the date such report was received from the CIC.
- Extend the periods stated above for further such periods perpetually every time you login to the Oolka Website.
You hereby understand and agree that Oolka is required by law to purge any report after six months of obtaining such report, if you fail to login and validate your consent for retaining such report for further period of six months.
- By accepting these Terms, you hereby request and authorise Oolka to communicate with you, and accept instructions from you or your approval,
- over the telephone (at the number you provide to Oolka)
- by email (at the email address you provide to Oolka);
- in writing (including through documents uploaded by you through your User ID or otherwise), and/or any other mode and form as may be determined appropriate by Oolka from time to time.
- You hereby consent to Oolka, at its sole discretion,
- recording all telephone calls between you and Oolka and any such records of Oolka shall be conclusive and binding evidence of the fact and content of such calls
- providing your details to banks and credit institutions to validate correctness of reporting with the CICs
- To share your information including certain personal identifiable information with business partners (i.e. financial institutions) of Oolka to provide you with pre-approved offers per the eligibility criteria, from such business partners. It is your responsibility to intimate Oolka of any change in your email address or telephone number.
- You hereby confirm that instructions / approval so provided by you will be valid, effective, and binding on you without any further enquiry or due diligence as to identity of the person purporting to give such instruction / approval. Oolka may, in its sole discretion, seek further confirmation of any instruction / approval given or purporting to originate from you.
- For as long as your User ID remains registered with us, Oolka may, from time to time, recommend our own products and services or the products and/or services of third party banks and other credit institutions to you.
- You hereby consent that based upon your request, Oolka may forward your contact details to third party banks and credit institutions, and you authorise them to contact you, even if you are registered with a Do Not Call (DNC) status with your telecom provider.
- If you have asked us, or if you do ask us in future not to send you any marketing material, you agree that this restriction will not apply to these recommendations / referrals. The provision of referrals related to the products and/or services of third-party banks and other credit institutions is purely a referral service and is not an offer made to you by Oolka for any financial product and/or financial services and should not be construed as such. Such third-party referral is provided strictly on a non-risk participation basis. The ultimate decision regarding the appropriateness of any product / service that is provided to you by Oolka is exclusively yours and you should exercise due caution and/or seek independent advice before entering into any investment or financial obligation based on these referrals.
- You should consult your appropriate advisors and independently consider the merits and risks of subscribing or purchasing any recommended products / services, including engaging with any third party and / or purchasing their products / services. The third party/parties will be entitled to determine, in their sole discretion, whether to offer any of their products and/or services to you and any such offer will be subject to such terms and conditions as may be agreed between you and the concerned third party.
- Oolka shall not be a party to and shall not be responsible or liable for any transactions, interactions, conduct or communications between you and our third-party partners, on or through the Service or otherwise. Oolka may receive a referral / facilitation fee from these third-party banks / other credit institutions for the referral and you hereby confirm that you have no objection to the same.
Force Majeure
- Oolka shall not be liable for any failure or delay to perform any of its obligations if performance is prevented, hindered or delayed, in part or entirely, by any event beyond the reasonable control of Oolka, including without limitation, sabotage, fire, flood, explosion, acts of god, acts of third parties, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, acts of third parties beyond Oolka’s reasonable control, breach of computer systems, malfunctioning of computer systems by any malicious, destructive or corrupting code or virus, mechanical or technical errors/failures, power shut down, faults or failures in telecommunication or internet services or unauthorised access to computer systems, (“Force Majeure event”).
- You hereby understand and acknowledge that the transmission, storage and or retrieval of information and the provision of the Service through the internet is subject to a variety of factors beyond the reasonable control of Oolka, that make such transmission, storage, retrieval and or provision of Service potentially unreliable, including any interruption or unavailability of the third-party hosting services or internet services used by Oolka to host the Website and / provide the Service. In no event shall Oolka be liable for any failure, interruption or delay of the Service or the Website resulting in part or entirely from such Force Majeure events. Oolka’s obligations shall be suspended for so long as the Force Majeure event continues Oolka does not provide legal advice or any advice on your tax liability. You should seek appropriate advice in this regard.
PERMITTED USE
- You may use the Website and the Service solely for your own personal and non-commercial use, subject to these Terms and any Additional Terms that you may accept and agree to be bound by.
- All content, data, design, information or other materials available on and underlying the Website (collectively “Content”), including but not limited to software underlying the Website or which are required for accessing or using the Website, images, text, layouts, arrangements, displays, illustrations, photographs, graphics, audio and video clips, HTML files and other content, logos, trademarks including the trademark ‘Oolka’ and other trademarks that may be used on the Website are the property of Oolka and/or its licensors and are protected by copyright and/or other applicable intellectual property right laws.
- You may use the said Content only for your own personal, non-commercial use in connection with your use of the Service, subject always to these Terms.
- You are not permitted to copy, reproduce, publish, perform, communicate to the public in any manner whatsoever, transmit, sell, license, distribute or transfer in any manner whatsoever, adapt, modify, translate, disassemble, decompile, or reverse engineer, create derivative works from, or in any way use or exploit the Website, the Service, the Content or any part thereof except for your personal, non-commercial use in accordance with these Terms.
- You shall not remove or obliterate any copyright, trademark or proprietary rights notices from the Content or the Website and shall reproduce all such notices on all authorised copies of the Content.
- Use of the Website, the Service and/or Content in violation of these Terms may violate copyright, trademark, and other applicable laws, and could result in appropriate legal action.
- All rights, title and interest in the Website, the Service, and the Content, except the limited license granted to you as per these Terms, are exclusively reserved by Oolka.
- You shall not use the Website, the Service, the Content, or any part thereof for any purpose that is unlawful or not permitted by these Terms. Without prejudice to the generality of the above, you shall not use the Website, the Service, the Content, or any part thereof to host, display, upload, modify, publish, transmit, update, or share any information that:
- belongs to another person and to which you do not have any right to
- impersonate another person is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
- harm minors in any way infringes any patent, trademark, copyright or other proprietary rights violates any law for the time being in force
- deceives or misleads Oolka about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation or
- is unsolicited or unauthorised advertising, junk mail, or spam.
- If you are, or if we have reasonable cause to suspect that you are, in violation of any of these Terms, Oolka reserves the right to immediately restrict, suspend, or terminate your access to the Website and/or use of the Service.
CHARGES
- Oolka shall be entitled to charges for the Service as per the respective Service that you subscribe to. The charges as applicable from time to time are detailed in the product section of our website. Charges paid are non-refundable unless Oolka fails to commence the provision of the subscribed service within seven (7) days from the date of acceptance of your order for the Service. Oolka’s records shall be final and binding as to any such commencement of the relevant Service.
- Oolka may receive a referral / facilitation fee from third party banks / other credit institutions for
- assisting with the settlement of outstanding amounts dues owed to them by you and / or
- for referring their products / services to you and by accepting these Terms you confirm that you have no objection to the same.
PRIVACY
Our Privacy Policy describes the personal information and data that we collect about you when you visit the Website, use the Service, or communicate with us, including while using any computer or other electronic resource; who we share this information and data with; and other related matters (“Your Information”). This Policy shall be deemed to form part and parcel of these Terms. Therefore, please read our Privacy Policy carefully and confirm that you find it acceptable. You can choose what information and data you share with us. However, please note that we may not be able to provide you with the Service or some parts of it if you choose not to share the requested information or data.
THIRD PARTY WEBSITES
The Website may include hyperlinks to third party websites, which websites are outside the control of Oolka. If you click on one of these links, you will leave the Website and will be accessing the third-party site. Oolka does not verify, monitor or endorse these third-party websites or the products / services that are available or advertised or sold through these third-party websites and does not accept any responsibility or liability for any loss or damage that you may incur by your visit and/or transactions/activities on these third-party site(s).
You agree that you access any such third-party sites at your own risk and shall solely bear all consequences associated with your access to, and use of, such third-party websites. Such third-party sites may have separate terms and conditions and Privacy Policies, and which are independent of Oolka and therefore, please read such third-party terms before you access any such third-party site.
WARRANTY & DISCLAIMER
- Oolka will make commercially reasonable efforts to provide the Service that you have subscribed to and paid for, in a professional and workmanlike manner.
- Except as expressly warranted above, Oolka does not warrant, and hereby expressly disclaims all warranties, express or implied, including but not limited to those of merchantability, quality or fitness for any particular purpose, performance, accuracy, completeness, or non-infringement. Oolka makes no warranty that the Service will meet your requirements or that it will be error free or free from defects or deficiencies. The Website, the Service and Content are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis.
LIMITATION OF LIABILITY
- If Oolka is in breach of these Terms or any Additional Terms and as a result is liable to you for any loss or damage, we shall only be liable to compensate you for any direct loss or damage caused to you by our gross negligence or willful default and which naturally arose in the usual course of things from such breach, or which are explicitly stated in these Terms or the Additional Terms to be likely to result from such a breach.
- Notwithstanding anything contained in these Terms or any Additional Terms, Oolka’s liability for damages, if any, will not exceed the amount if any received by Oolka from you. If you have not paid Oolka, Oolka will not be liable for the payment of any damages to you.
INDEMNITY
You agree to defend, indemnify, and hold Oolka and its directors, officers, employees and representatives harmless from all loss, damage, costs and expenses (including but not limited to reasonable attorney fees) suffered by any of them as a result of any breach of these Terms by you, including, without limitation, the submission of any data or material that violates any third party right or any applicable law.
RIGHT TO MODIFY THE SERVICE
Oolka reserves the right to discontinue, change or modify the Service (by addition, deletion, or modification) from time to time. In the event of the discontinuation of any Service or part thereof or any change that results in a material degradation or material reduction in the functionality of the Service, your sole remedy will be to receive a refund of the charges you may have paid for the same, pro-rated for any completed Service and subject to a maximum of 50% of the charges paid unless Oolka has not commenced provision of the Service on the date of such discontinuation.
TERMINATION
- These Terms and / or any Additional Terms you accept shall be binding from the time you click and accept these Terms / the Additional Terms as the case may be and will continue until either you or Oolka terminates the agreement between us.
- Oolka may terminate the agreement between us and de-activate your User ID forthwith by notice to you at your email address registered with us in the event that you are in breach of these Terms / any Additional Terms you accept.
- Oolka may also terminate the agreement between us and de-activate your User ID by giving you notice of one (1) day addressing your email address registered with us.
- You may terminate this agreement and request deactivation of your User ID by written notice by email addressed to Oolka at help@oolka.in . Your User ID will be deactivated within three (3) working days from receipt of such email.
- Upon termination, your right and license to access and/or use the Service immediately ceases; your User ID will be deactivated and you will no longer be able to access or use the Service. Further, your personal information that is in the possession of Oolka will be dealt with in accordance with our Privacy Policy.
ARBITRATION, GOVERNING LAW, AND JURISDICTION
- Any dispute arising from or relating to, these Terms or any Additional Terms, or your use of the Website or any Service shall be referred to arbitration by a sole arbitrator appointed by Oolka. The venue of arbitration shall be Bengaluru and the language of arbitration shall be English. The arbitration proceeding shall be governed by the Indian Arbitration Act as amended from time to time and the award of the arbitrator shall be final and binding on both parties.
- This Agreement shall, in all respects, be governed by and construed in all respects in accordance with the laws of India. Competent courts located in Bengaluru shall have exclusive jurisdiction in connection with any matter arising from or relating to, these Terms or any Additional Terms, or your use of the Website or any Service, to the exclusion of any other court that may otherwise have had such jurisdiction in the matter.
MISCELLANEOUS
- Notice: Notices to Oolka shall be made via e-mail to help@oolka.in or other specific email address as specified elsewhere in these Terms and all notices to you shall be made via e-mail to the last e-mail address you provide us
- Assignment: The license granted to you by these Terms is personal to you and you shall not assign or transfer any of your rights or obligations without our prior written consent.
- Waiver: No failure or delay on the part of any party in exercising any right or remedy hereunder shall operate as a waiver thereof. Any waiver (express or implied) by either party of any default or breach of these terms Agreement shall not constitute a waiver of any other or subsequent default or breach.
- Severability: If any of these Terms or any part of the Additional Terms are held to be invalid, illegal or otherwise unenforceable by a Court, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and if no feasible interpretation will save such provision, it shall be severed from these Terms/the Additional Terms, as the case may be, and the remaining provisions remain in full force and effect.
- Communication: When you use the Website and provide any information on the Website; or when you click any of the buttons available on the Website or when you send an e-mail to Oolka, you are communicating with Oolka through electronic records. You hereby consent that such electronic records, whether sent by you or automatically generated by the computer system when you click on any of the buttons available on the Website, shall be deemed to be communications sent in writing by you.
- Entire Agreement: These Terms together with the Privacy Policy and any Additional Terms you may accept, constitutes the entire agreement between Oolka and you regarding the Service and your use of the Website and supersedes all prior agreements (if any) regarding the subject matter hereof.
- Grievance Officer: If you have any other concern or grievance with respect to any of content/information/data on the Website, please send an e-mail to help@oolka.in and we will study the matter and take such action as we deem appropriate under the circumstances.
Additional Terms For 'Dispute Resolution'
These terms and conditions (“Additional Terms”) are in addition to and not in derogation with Oolka’s terms and conditions available www.oolka.in/terms-and-conditions (“Primary Terms”), which Primary Terms are incorporated by reference, and deemed a part of these Additional Terms and shall apply in the event you subscribe to the ‘Dispute Resolution’, ’DR’ service offered by Oolka. Therefore, please read the Primary Terms along with these Additional Terms (collectively “the Terms”) for a comprehensive understanding of all the terms and conditions subject to which Oolka offers its services under the ‘DR’ Order.
By submitting this Order document and clicking the box indicating acceptance of the Terms, you acknowledge and agree that you have read and understood the Terms as a whole and that the Primary Terms together with these Additional Terms form a legal and binding agreement between us. If you do not accept the Terms as a whole, do not click the box indicating your acceptance hereof. However, please note that you will not be able to submit this Order and we will not be able to provide you with the services under the ‘DR’ Order unless you agree to accept and be bound by the Terms.
All capitalized terms used in these Additional Terms but not defined herein shall have the same meaning as defined under the Primary Terms.
- Scope of Services: The details and scope of the services that will be provided to you under the ‘DR’ Order (referred to as “this Order” in these Additional Terms) are available below.
- The services under this Order are available on our website or through our mobile application where such mobile application is made available.
- All communication made under this Order shall be to your registered email ID and/or your registered mobile number.
- Oolka provides you with an online platform to communicate with your lender/creditor and assist in obtaining the dues to clear your past issues.
- It is understood that the services under this Order do not contain any advice or recommendation or opinion of Oolka.
- Orders:
- All orders submitted by you are subject to acceptance by Oolka.
- Acceptance of your order is subject to
- you completing the Order document completely, with true and correct details;
- submission of all required documents and authorisations as requested by Oolka; and
- receipt of payment of all charges due for this Order.
- Acceptance of your order will be signified by or commencement of the provision of the Services by Oolka, whichever is earlier.
- Charges:
- The charges payable for this Order are available here.
- Receipt of the entire charges, in advance, is a condition for the acceptance of your order. The charges paid are non-refundable.
- Oolka may change the mode of payment that is acceptable to it from time to time.
- Timelines:
- The timelines for delivery of service under this Order as mentioned on the website are non-binding estimates based on Oolka’s prior experience. Factors beyond our control may affect the actual date of delivery of the services to you.
- In the course of provision of the service under this Order, Oolka may require you to submit additional documents or details. Your prompt and accurate response to such requests will also affect the timelines for delivery.
- You clearly understand that in case you do not provide necessary documentation to commence the services under this Order, within 30 days of informing you about the requirement through an email to your registered email ID, Oolka reserves the right to forfeit the fees paid by you and this agreement shall stand terminated or lapsed.
- Further, Oolka may provide you with letter or email formats that would be required to be sent by you promptly to various lenders, if such lenders require so. You shall ensure that such emails and letters are sent promptly within 48 hours to such lender. Failure to do so or any delay is likely to result in delays or lapses in the service we provide you with.
- Authorisation:
- To provide you with the services under this Order, you understand that Oolka requires your credit report and credit score maintained by CIC(s) in India. You therefore hereby agree to irrevocably authorise Oolka to apply for / request and receive your credit information report and credit rating from CICs in India. You further provide consent and authorise Oolka to retain any data or information collected from credit information report or from various lenders for as long as Oolka deems it fit for the purpose of fulfilling services under this Order. You agree to execute this authorisation in such format as may be requested Oolka. You understand that the request for your credit report and credit score from CIC(s) may be recorded as an inquiry by the relevant CIC(s) and could impact your credit score.
- You further hereby authorise Oolka to interface with, liaise and co-ordinate on your behalf with various lenders / creditors to facilitate the action approved by you for the closure of your identified credit accounts (“Closure Action”). Any credit account(s) may be added to the Closure Action only with the express agreement between you and Oolka and will entail additional fees. Oolka shall record such accounts you have chosen as part of the Closure Action and send you an electronic copy of such authorisation in the form of a letter of authority (LOA). You hereby explicitly authorise Oolka to share a copy of the LOA to such lenders.
- You hereby authorise Oolka to use the information obtained from the applicable CIC(s) and any other information that you may provide to Oolka to provide you with Oolka’s services in accordance with the Terms. You understand and consent to the use and disclosure of the said information in accordance with Oolka’s Privacy Policy available here.
- You hereby fully understand and acknowledge that Oolka is neither an authorised representative nor an agent of you and Oolka is merely an intermediary to help you to facilitate the process of coordinating clearing past dues and resolution with your lenders.
- Additional Obligations and Limitations:
- As part of the services under this Order, Oolka will interface with, liaise and co-ordinate on your behalf with various lenders / creditors to facilitate the Closure Order. Oolka does not however make any guarantees with respect to the outcome of its efforts with the lenders / creditors. You also understand and acknowledge that the time needed to procure an offer for closure of the credit accounts identified in the Closure Action from a bank or credit institution and for closure of the said credit accounts is unpredictable and is affected by several factors beyond Oolka’s control including, but not limited to the age and balance that you owe your creditor(s), the willingness of individual creditors / lenders to consider reduction of dues, your financial position and availability of funds and you fulfilling your payment obligations as per the Closure Action in a timely manner. Oolka’s service is limited to making commercially reasonable efforts, during the term/tenure of this Order, to interface with, liaise and co-ordinate on your behalf with the lenders / creditors identified in the Closure Order to procure an offer for closure of the credit accounts identified in the Closure Action and to facilitate implementation of the Closure Action.
- You understand and acknowledge that different lenders have different processes to authenticate and provide information. At times, lenders may require the request for information regarding your account or an authorisation to share information with Oolka from your registered email directly. In such instances Oolka may send you preformatted emails or letters that you are required to promptly forward the same to the lender in the appropriate way recommended.
- Oolka will provide you with the details of any offer for closure of your credit accounts identified in the Closure Action that may be made by the relevant lenders / creditors. Oolka will not accept any such offer for closure of your credit accounts without your approval. You have the absolute discretion to accept or reject any such offer. You are required to respond to the offer communicated to you by Oolka within forty-eight (48) hours of receiving such communication. Failure or delay to do so may result in the offer being withdrawn or rescinded and Oolka shall not be responsible for the same.
- Any agreement for closure of your credit account(s) shall be between you and the respective lenders / creditors. Oolka will not be a party to such agreement, and you understand that Oolka merely facilitates the same. Accordingly, you shall be solely responsible for ensuring that you honour the terms of your agreement with the respective bank or financial institution, including but not limited to making timely payments, and all costs and consequence of failing to do so shall be solely to your account. Further, if you fail to honour the terms of your agreement with a bank or financial institution or you make any payment to a creditor / lender other than as per the terms of the agreement, you shall be in breach of this agreement and Oolka may terminate this agreement by notice to you. On such termination, Oolka shall be deemed to have successfully completed delivery of the service to you under this Order on the date of such dishonour and you shall not be entitled to any refund of fees paid. Further, you understand and acknowledge that failure to make scheduled payments as per your agreement with a creditor / lender will also be a breach of your agreement with the said creditor/lender and your actions may be reported to credit agencies as late, delinquent, charged-off or past due. Your creditors/lenders may also raise the interest rate on your credit account and impose other penalties / late charges and accordingly, your account balance may continue to grow as the creditor(s) add accrued interest, late fees, over-limit fees and penalties to your account. Oolka shall not be responsible for any of these or other outcomes of your failure to comply with the terms of your credit account closure agreement with any of your creditors/lenders.
- Settlement Offer by Your Lender: At times, your lender may offer you a settlement. A settlement offer is where, the lender is willing to waive a certain amount of the total dues you are required to pay and provide a reduced amount for you to pay in full satisfaction. It is to be understood that such offer for settlement is at the sole discretion of the lender and Oolka cannot promise or influence the same. Please note the following pertaining to settlement offers by your lender.
- Such offer is at the sole discretion of the lender
- The offer will be valid only for a limited period. The offer can be withdrawn without prior intimation.
- Once you accept the offer, you have to ensure prompt payments before every such due dates. In case you fail to pay on-time, the lender has a right to cancel the offer and adjust any amount paid towards the total dues. Failure to pay on-time may also result in additional charges and more intense follow up by your lender.
- During the term/tenure of this Order, you agree and undertake to:
- notify Oolka promptly of any additional creditor, co-signer or guarantor arrangement that is entered into in addition to any of the credit accounts included in the Closure Action
- forward all correspondence (including by email) received from your lenders / creditors to Oolka, including but not limited collection letters
- promptly refer any telephonic enquiries received from creditors/lenders to Oolka and provide Oolka with details of the creditor’s name, telephone number, name of the contact person and any further details that may be reasonably required by Oolka
- not create any new charges or encumbrance whatsoever to any account listed in the Closure Action
- not take any action that may adversely affect your credit worthiness or credit rating, including incur new debts, avail of fresh credit or open new credit card accounts. You may however retain and use one or more credit cards for emergency purposes, which shall not come under the purview of the Closure Action and
- promptly inform Oolka of any change to your financial position that could materially impact Oolka’s ability to negotiate the Closure Action with the creditors/lenders.
- Your failure to comply with any of the above could adversely impact the provision of services by Oolka under this Order and Oolka shall not be responsible for the same. If you fail to comply with any of the above, Oolka may terminate this agreement by way of a message to your registered email to you and on such termination, it shall be deemed to have completed performance of its services under this Order.
- Oolka may present you with offers from appropriate third-party lenders to provide loan facilities. The grant of any loan facility to you will however be at the sole discretion of the third-party lender and will be subject to you fulfilling such third-party lender’s credit criteria and documentation requirements. Oolka merely presents third party lenders and shall not be responsible for the grant of / rejection of any loan facility and for any obligation you may undertake as per the terms of your agreement with such third-party lender(s).
- Creditors/ lenders are likely to continue collection efforts for amounts owed to them during the term / tenure of this Order and Oolka is not responsible for any such independent action by your creditors / lenders.
- In the event a creditor / lender pursues legal remedies against you for collection of credits owed to them, the service provided by Oolka under this Order does not include legal representation. You should seek independent legal advice as appropriate.
- You understand that Oolka may receive a referral / facilitation / collection fee from third party banks / other credit institutions for (a) assisting with the settlement of outstanding amounts dues owed to them by you and / or (b) for referring their products / services to you and by accepting these Terms you confirm and agree that you have no objection to the same.
- Tenure:
- Unless otherwise terminated prior thereto in accordance with the Terms, the services under this Order shall commence on acceptance of your Order as mentioned above and shall be deemed completed at the end of 90 days from the Order date or on successful implementation of the Closure Action, whichever is earlier.
- For the purpose of this section Closure Action shall mean:
- With respect to an account dispute, acknowledgement from the CIC of lodging of such dispute
- With respect to information on amount due for an overdue or delinquent account with a lender, providing you with details of such amount due to be paid to the lender for resolving such account
- Where a lender requires a letter or an email from you directly, upon providing you with the format and details of emails to be sent to such a lender.
- CANCELLATION:
- You shall be eligible for any cancellation or refund only if Oolka has not commenced any service under this Order. In such cases, you shall raise a request in writing within first 7 days of making such payment for respective services under these Terms, providing the reason for canceling and Oolka shall review the request and at its sole discretion approve a refund which shall not be more than 50% of such fees paid by you to this Order.
- MODIFICATION
- Oolka may modify these Terms from time to time and any changes will be notified to you through your registered email or upon such other forms of notification as may be deemed appropriate. Once you have received notice of any change in these Terms, any subsequent use of the Website or the Service will be deemed to constitute your acceptance of such modified / changed Terms.
Additional Terms For Oolka Packages
These terms and conditions (“Additional Terms”) are in addition to and not in derogation with Oolka’s terms and conditions available here (“Primary Terms”), which Primary Terms are incorporated by reference, and deemed a part of these Additional Terms and shall apply in the event you subscribe to any of the following services offered by Oolka. Therefore, please read the Primary Terms along with these Additional Terms (collectively “the Terms”) for a comprehensive understanding of all the terms and conditions subject to which Oolka offers its services/packages under any of the services Oolka Silver, Oolka Gold, Oolka Platinum.
- Oolka Silver
- Oolka Gold
- Oolka Platinum
Above subscriptions shall individually be called as “Order” and collectively called as “Orders”
By submitting this Order document and clicking the box indicating acceptance of the Terms, you acknowledge and agree that you have read and understood the Terms as a whole and that the Primary Terms together with these Additional Terms form a legal and binding agreement between us. If you do not accept the Terms as a whole, do not click the box indicating your acceptance hereof. However, please note that you will not be able to submit this Order and we will not be able to provide you with the services under the Orders unless you agree to accept and be bound by the Terms.
All capitalised terms used in these Additional Terms but not defined herein shall have the same meaning as defined under the Primary Terms.
- Scope of Services
- The details and scope of the services that will be provided to you under the Orders (referred to as “this Order” in these Additional Terms) are available here.
- Orders:
- All orders submitted by you are subject to acceptance by Oolka.
- Acceptance of your order is subject to
- receipt of consent to obtain your credit history details from CIC(s); and
- receipt of payment of all charges due for this Order.
- Acceptance of your order will be signified by email sent to you at the email address provided in your Order or commencement of the provision of the Services by Oolka, whichever is earlier.
- Charges:
- The charges payable for this Order are available here.
- Receipt of the entire charges, in advance, is a condition for the acceptance of your order. The charges paid are non-refundable under any circumstance once the Service as explained in para (6) of this terms and conditions has commenced
- Oolka may change the mode of payment that is acceptable to it from time to time.
- Timelines:
- The timelines for delivery of service under this Order as mentioned on the website are non-binding estimates based on
- Oolka’s prior experience. Factors beyond our control may affect the actual date of delivery of the services to you.
- In the course of provision of the service under this Order, Oolka may require you to submit additional documents or details. Your prompt and accurate response to such requests will also affect the timelines for delivery.
- Authorisation:
- To provide you with the services under this Order, you understand that Oolka requires your credit report and credit score maintained by CIC(s) in India. You therefore hereby agree to irrevocably authorise Oolka to apply for / request and receive your credit information report and credit rating from CIC(s) in India, as many times during the tenure of the Order or as permitted by applicable law and as may be required based on the type of Order you have chosen. Should such authorisation expire by operation of applicable law, you agree to login to the Oolka website and renew such authorisation irrevocably for such periods as may be permitted by law. Oolka shall make reasonable efforts to inform you of such expiry to your registered contact numbers. You agree to execute such authorisation in such format as may be requested Oolka as many times as may be required for Oolka to continue to provide services under this Order.
- You hereby authorise Oolka to use the information obtained from the applicable CIC(s) and any other information that you may provide to Oolka to provide you with Oolka’s services in accordance with the Terms. You understand and consent to the use and disclosure of the said information in accordance with Oolka’s Privacy Policy available here.
- Tenure:
- Unless otherwise terminated prior thereto in accordance with the Terms, the services under this Order shall commence on acceptance of your Order as mentioned above and shall be deemed completed when
- a mail confirming Commencement of Service by Oolka is sent to you by email at the email address provided in your Order, or
- when Oolka informs you (by email) that the CICs do not have a credit report for you, whichever is earlier.
- You hereby understand and acknowledge that Oolka may suspend the service if it is unable to provide the service due application of new law or any changes to existing regulation. You hereby understand and agree that in case your authorisation should expire by operation of applicable law, Oolka is under no obligation to continue to provide you with services under this order. In such a situation, you understand Oolka is not obliged to refund any amount or provide any compensation for any unfulfilled part of period or tenure.