Agreement Form
Agreement Form
Agreement Form
Definitions
(i) "Terms and conditions" means and includes the contractual rights, obligations and the Application, Schedules/attachments hereto or
supplemental Contract(s), modifications, alterations, addendum as amended and /or modified by TVS Credit from time to time and
accepted by the Borrower either physically or online or through web or mobile during the subsistence of the Contract(s).
(ii) "Acceptable Means of Communication" shall mean the modes of communication which can be used by either party to provide any
information in relation to a Loan to the other party and with reference to Borrower, shall mean a telephonic call on the registered
mobile /landline number of the Borrower as provided in the Application Form; or email/s on the registered email address of the
Borrower; or text message/s to the registered mobile number of the Borrower; or any written notice sent by courier /post on the
registered postal address of the Borrower, and TVS Credit , shall mean a telephonic call on the designated mobile/landline number of
TVS Credit as provided on the Website; or an email/s on the designated email address of TVS Credit ; or text message/s on the
designated mobile number of TVS Credit; or a written notice sent by courier/post on the postal designated address of TVS Credit.
(iii) "Consumer Durables" shall mean specified consumer durables, and such other products and/or services as may be approved by
TVS Credit in its sole discretion from time to time.
(iv) "Dealer/Merchant" refers to dealers or merchants who are registered and enrolled with TVS Credit in connection with purchase of
the Products by the Borrower.
(v) "Dealer/Merchant Account" refers to the designated account of a Dealer or Merchant which is registered by the Dealer or Merchant
with TVS Credit, from time to time.
(vi) "ECS" or "NACH" refers to electronic debit clearing services or electronic payment services, participation in which has been
consented to in writing by the Borrower, for facilitating the payment of EMI, fees and other applicable charges to TVS Credit in
connection with the Loan availed by the Borrower.
(vii) "Financial /Loan Terms" shall mean the Loan amount or the financial facility applied for or availed of by the Borrower from TVS
Credit and includes the EMI, Loan tenure, applicable interest, fees, charges and such other payment terms.
(viii) "Mode of Application" shall mean the availing of Loan by a Borrower by either of the following mode as permitted by TVS Credit:
submitting an Application Form to an authorised TVS Credit Representative; or
submitting an Online Application.
(ix) "Online Application" means direct application made by the Borrower to TVS Credit on TVS Credit's web portal or TVS Credit's
mobile application.
(x) "Valid Confirmation" shall mean the acceptance of the Loan Terms by the Borrower by, as the case may be, accepting the Loan
Term Sheet or entering the Transaction Code at the Dealer or Merchant outlet or on TVS Credit's online portal wherever applicable.
(xi) "InstaCard Programme Enrolment" shall mean the term loan facility program offered by the Company and consented to, by the
Borrower(s), by paying the necessary fee, wherein the Borrower subject to meeting the eligibility criteria may be issued the
InstaCard with Existing Member Identification Number, as per the sole discretion of the Company as per the terms of the
Transaction Documents.
(xii) "InstaCard/Card" shall mean a physical or virtual card carrying the unique Existing Member identification Number, issued to the
Borrower in terms hereof, (without any attached functionality of performing a financial transaction through the card) for the
purpose of: (i) easy customer identification; (ii) tracking the usage of eligible loans availed by the Borrowers under the InstaCard
Programme; and (iii) any other function as designated by TVS Credit. It is clarified that InstaCard is not a credit card, debit card,
prepaid instrument or a card with a stored value.
(xiii) ACH Failure/Mandate Rejection Charges: This Charge is levied in case of default in payment of Equated Monthly Installment
(EMI) by reason of the Repayment Instrument(s) being rejected for any non-technical reason.
(xiv) Bank Transfer Annual Charge: This Charge is applicable for customers who have opted for the Standard Plan under the Insta Card
Program. This Charge is levied on the Customer for transfer of applicable credit limit amount to his bank account for utilization of
the same by the Customer.
(xv) Bounce Charge: In case of default by reason of the Repayment Instrument(s) being dishonored, the Company shall Charge the
Customer bounce Charge towards its dishonor.
(xvi) Cash Collection / Visit Charges: Charges payable by the Customer towards collection of EMI amount defaulted payable to the
Company to cover the expenses for the collection of debt from the Customer.
(xvii) Change in Repayment Frequency: The Charge levied to change the frequency of EMI which was agreed by the Customer.
(xviii) Copy of Loan Agreement: Charge levied by the Company on the Customer for issuance of a copy of the loan agreement. These
Charges are applicable to any document pertaining to the loan that the Customer requests from the Company.
(xix) Credit Verification Charges: Charges paid to the Credit Agencies to verify the Customer's credit behavior and the credit score to
understand the repayment ability of the Customer before the sanctions of the loan.
(xx) Duplicate NOC/NDC Charges: This is charged for issuance of duplicate No Objection Certificate (NOC) or No Dues Certificate
(NDC) based on the Customer request.
(xxi) Duplicate Re-payment schedule: Charges paid by the Customer for issuance of duplicate statement of the loan account of the
Customer.
(xxii) EKYC Charge: This Charge is payable by the Customer to the Company for verification of the KYC documents of the Customer as
per the KYC policy and credit policy of the Company.
(xxiii) Enrollment Charge: This is a one-time Charge levied by the Company for enrolling the Customer to the Insta Card Program of
the Company.
(xxiv) Field Investigation Charge: The Charges payable by the Customer towards the cost incurred by the Company for carrying out
the field investigation to verify residential or office address of the Customer as per the Credit Policy of the Company.
(xxv) Foreclosure Charge: This Charge, also known as Prepayment Charge or Pre-closure Charge is levied in case Customer repays
their full loan amount before the end of its term to cover the lost interest revenue from the early closing of the loan.
(xxvi) Foreclosure Statement Charges: This Charge, also known as Prepayment statement Charge or Pre-closure statement Charge is
paid by the Customer for issuance of the foreclosure Statement for the loan account of the Customer.
(xxvii) Insta Card Program Renewal Charge: This Charge shall be levied for extension of the Insta Card Program beyond the program
period.
(xxviii) Insurance Premium Charges: The premium paid by the Customer on actuals for availing the insurance policy for securing the
loan issued to the Customer.
(xxix) Legal, Repossession & Incidental Charges: Charges payable by the Customer towards the cost incurred for repossession of the
hypothecated asset by the Company. The repossession Charges include the costs of hiring a recovery agent, storing and managing
the asset of the Company till they can be sold, preparing the asset for sale and such other Charges, as applicable.
(xxx) Loan cancellation Charges: Charges payable by the Customer in case he cancels the loan post sanction of the loan.
(xxxi) Loan Re-Booking Charges: This is a Charge levied by the Company on the Customer for re-booking the loan which was already
cancelled.
(xxxii) Loan Restructuring Charges: This Charge is applicable if the Customer renegotiates and changes the loan conditions with the
Company to avoid default on the existing loan and to manage the repayment of loan principal and interest due.
(xxxiii) Mandate registration Charges: Charges payable for registration of standing instruction to Customer Bank that authorizes to
credit or debit a certain amount of money as EMI for Customer loan and credit in the Company's account periodically. ECS debits
are handled by the NACH (National Automated Clearing House) under NPCI (National Payments Corporation of India).
(xxxiv) NeSL Charges: The Charges levied by NeSL for authenticating debt of the Customer before availing the Loan.
(xxxv) Penal Charges/Late repayment Charges: Penal Charges also known as Late Repayment Charges are charged if the Customer
delays the payments of EMIs payable to the Company on the agreed due date.
(xxxvi) Physical Card Issuance Charge: This Charge shall be levied for issuance of physical card under the Insta Card Program on
specific request of the Customer.
(xxxvii) Post Asset Verification Charge: The Charge payable by the Customer to the Company for verification of the asset post
disbursement for verifying the same with the details of the asset for which the loan was availed.
(xxxviii) Processing Charge: Charges payable by the Customer to cover the administrative cost for the application of the loan process.
(xxxix) Stamp Duty/Stamping/Franking Charges: The Stamp duty payable by the Customer while availing the loan to be engrossed in
the Loan agreement executed by the Customer and the Company on actual basis.
(xl) Statement of Accounts/Loan Statement: Charges paid by the Customer for issuance of statements of accounts pertaining to the
loan account of the Customer by the Company.
(xli) Swap Charge: The Charge payable by the Customer upon the request to change the repayment mode.
(xlii) Value Added Services: Mobile Protection and T-Health: Applicable Charges payable if the Customers avails these Value-Added
Services.
(xliii) "Credit Health Report (CHR)" refers to the credit information report and credit rating maintained by various authorized Credit
Information Companies (CICs) in India.
4. PREPAYMENT
4.1. The Borrower(s) shall prepay the Loan amount either in full or partly and interest outstanding under this Contract(s) after the expiry
of first six (6) months of the Loan tenor. In the event the Borrower(s) exercises its right to prepay, TVS Credit shall be entitled to
charge prepayment fee/charges at the rate /revised rate specified in the Loan Summary Schedule.
4.2. The amount pre-paid shall be first used to credit the overdue charges, bank charges, legal expenses if any, Arrears of installments,
interest due upto date for the current month, the current month EMI, foreclosure / pre-payment charges and other expenses as
mentioned in this Contract(s). If any amount remains meeting the charges then it shall be adjusted towards the principal amount.
6. SECURITY
6.1. The Borrower, as the sole legal and beneficial owner of the Consumer Durables and as security for the due, prompt and complete
payment of the Loan Terms, does hereby hypothecates by way of a first ranking, sole and exclusive charge in favour of TVS Credit,
all rights, title, interest and benefit in the consumer durables.
6.2. TVS Credit shall be entitled at its absolute discretion, enforce the security created pursuant to clause 6.1 of this Contract and exercise
any and all rights, powers, remedies, authorities and/or discretions acquired by it in respect of the Hypothecated Properties under this
Contract and applicable Laws.
6.3. TVS Credit is empowered to authorize its employee/agency/authorized representative to enforce the security by taking possession of
the hypothecated properties in case of happening of an event contained in Clause 2 of this contract for which the borrower shall
cooperate without any protest or demur and undertake to surrender the hypothecated properties unconditionally.
9. ELECTRONIC MEDIA
9.1. The online acceptance of the Contract(s) on the Website results in a binding contract between the Parties.
9.2. The transmission of the Contract(s), terms and conditions, instructions, acceptance and communications through electronic means
such as email, facsimile, SMS text messaging, websites, online acceptance etc, (Electronic Media) involves number of risks including
fraudulent alterations and incorrect transmissions and absence of confidentiality. However, the Borrower may be desirous of receiving
Communications from and providing Communications to TVS Credit through the Electronic Media for various matters under this
Contract(s) including in relation to the Loan and operation thereof.
9.3. In consideration of TVS Credit permitting the same, the Borrower hereby irrevocably confirms and undertakes as under:
a) TVS Credit shall be entitled (without being bound to do so) to rely upon the communications provided through electronic
media (and believe the same to be genuine) for their requirements. In case of any question as to what were the
communications provided or received, the records of the electronic media received by TVS Credit shall be treated as final,
conclusive and binding.
b) The Borrower has ensured and shall ensure that the Communications provided through the electronic media to TVS Credit
are provided by the Borrower and hereby agrees and confirms that TVS Credit shall not be responsible for conducting any
verification whatsoever in this regard.
c) The Borrower is aware and confirms that TVS Credit is agreeing to act on any communications provided through electronic
media only by reason of, relying upon the undertaking contained therein.
d) TVS Credit shall not be liable for any consequences or any act or refusal or omission to act or deferment of action by TVS
Credit.
11. MISCELLANEOUS
11.1. The Mode of Application will be available subject to Applicable Laws including the Telecom Commercial Communication Customer
Preference Regulation (TCCCPR), 2018. The Contract applicable to the Loan which may be availed by the Borrower has been
uploaded and may be downloaded from the Website.
11.2. The Borrower completed 18 (eighteen) years of age and can read, write and understand English language and is of sound mind. Any
consent/communication provided by the Borrower by way of the Acceptable Means of Communication shall be deemed as a valid and
authentic consent/communication by the Borrower, and TVS Credit shall not be liable for any error on the Borrower's part or on the
part of the mobile service provider.
11.3. If any term or provision of these Terms and Conditions is declared invalid by a Court of competent jurisdiction, the remaining terms
and provisions shall remain unimpaired and be in full force and effect.
11.4. The Borrower(s) shall declare that all the particulars and details given/filled in the application form and documents
uploaded/submitted along with application are true, correct, complete and up to date in all respect and no material detail has been
concealed which would have an effect on the decision of grant of the Loan.
11.5. No delay or omission to exercise any right, power or remedy accruing to TVS Credit upon any breach or default of the Borrower shall
impair any such right, power or remedy of TVS Credit nor shall it be construed to be a waiver of any such breach or default or an
acquiescence therein nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default. The
rights and remedies provided to TVS Credit in the Contract(s) are cumulative and not exclusive of any rights or remedies provided by
law.
11.6. The Borrower(s) shall notify TVS Credit in writing within a week's time, any of his/her /their - Change in address - Change in
employment/business including migration outside /within India either temporary or otherwise. - Change from resident to NRI
11.7. Upon the Borrower paying to TVS Credit the outstanding, the Borrower may download the 'No Objection Certificate' with respect to
repayment and no dues under the Loan from the Website or visit the TVS Credit branch for the same.
11.8. I voluntarily opt for the InstaCard Programme enrolment at my own wish and agree that my eligibility under the InstaCard
Programme, will be subject to proper repayment of EMIs, at least for a period of 3 months or stipulated by policies in the Consumer
Durable Loan, or at the sole discretion of TVS Credit. I agree that the facility/transaction under this programme, shall be part of the
consumer Durable loan executed/to be executed by me. Each such facility/transaction shall have a separate repayment schedule and I
shall strictly adhere to the same.
11.9. I have read and understood the terms & conditions of this Contract and I have been provided with the copy of this Terms and
Conditions.
11.10. I hereby agree to buy T-Health at the price mentioned above. I understand that T-Health is a product provided by Bajaj Finserv
Health and the services provided to me will be subject to the terms and conditions of T-Health. I hereby give my consent to Bajaj
Finserv Health to contact me through phone, post or email to activate and provide services of T-Health. Further, in the event I
purchase T-Health on finance from TVS Credit, I hereby authorize Bajaj Finserv Health to cancel my T-Health membership, upon
instruction received by TVS Credit in the event I default in the repayment of the finance facility availed by me from TVS Credit for
the purchase of T-Health and/or the product/main appliance as mentioned above and verified the terms and conditions and
understood feature of the product.
11.11. The Borrower agrees that the products under "T-Health" shall be considered as a separate product subject to the terms and conditions
of "T-Health" and shall be independent of the Loan Agreement. Any dispute arising out of "T-Health" will not affect the terms of
repayment of the loan availed by the Borrower. The name of the product selected by customer [T-Health Silver / T-Health Gold] and
the price applicable [1000 / 1500] to the respective product should be given in applicant and agreement. Click here
https://tvscs.in/SeyHoai to view the Terms and Conditions for T-Health
11.12. The Lender/TVS Credit/Company shall, without prejudice to its rights to perform such activities itself or through its office
employees, be entitled to appoint one or more person(s) (“Service Providers”) as the Lender/TVS Credit/Company may select and
to delegate to such party all or any of its functions, rights and powers under the Transaction Documents including the rights and
authority to receive on behalf of the Lender/TVS Credit/Company from the Borrowers all outstanding dues under the loan agreement
by engaging recovery agents and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental
thereto. The Borrowers expressly and irrevocably consent that for any claim against the Service Providers, the Lender/TVS
Credit/Company shall not be liable and the claim of the Borrowers on this account shall be against the Service Providers only.
11.13. The Lender/TVS Credit/Company shall be accountable for any inappropriate behavior by its employees or employees of its Service
Providers. In the event the Borrower is aggrieved by the behaviour or acts of any employees of its Service Providers then the
Borrower may lodge its grievance with: Grievance Redressal Officer appointed as the Grievance Redressal Officer (GRO) under the
Fair Practices Code and digital lending guidelines issued on 02.09.2022 who can be approached by the public for resolution of
complaints against the Lender/TVS Credit/Company. The Borrower may lodge a complaint by sending an email at
[email protected]. If the complaint / dispute is not redressed within a period of one month, the customer may appeal to the Officer-
in-Charge of the Regional Office of Department of Non-Banking Supervision (DNBS), Reserve Bank of India, Fort Glacis, Rajaji
Salai, Chennai 600 001, Tamil Nadu, Tel: 044 25393406, under whose jurisdiction the registered office of the Lender/TVS
Credit/Company falls. For the benefit of the Borrower, the above information on “grievances” will be displayed at the Lender/TVS
Credit/Company’s branches / places where business is transacted.
11.14. For post-claim settlement and the foreclosure of the loan account, I/We should directly contact TVS Credit Services Limited. One
Assist and/or its Insurer shall not hold any liability concerning the loan closure.
11.15. I/We agree that in case of a Mobile ADLD claim being declared as Beyond economic repair (BER) / Total Loss, the final monetary
settlement/claim payment shall be done to the financier/TVS Credit ONLY. I/We, understand, that I/We shall have no rights to claim
the BER payable amount from One Assist/Across Assist. Once the payment is settled with the financer/TVS Credit, all One
Assist/Across Assist and/ or its insurer’s obligations under this contract will be deemed fulfilled and the plan coverage shall stand
terminated. Post claim settlement and for the Foreclosure of the loan account, I/We should directly reach out to TVS Credit Service
Limited. One Assist/Across Assist and/ or its Insurer do NOT hold any liability in the loan closure.
13. DISCLOSURES
Borrower hereby agrees and give consent for the disclosure by the TVS Credit to all/any such entities mentioned in clause (i),(ii) and
(iii) any :
a) information and data relating to Borrower;
b) information or data relating to any credit facility availed by Borrower; and
c) default, if any, committed by Borrower, in discharge of such obligation as the TVS Credit may deem appropriate and
necessary, to disclose and furnish to Credit Information Bureau (India) Ltd., and any other agency authorized in this behalf by
RBI.
(i) The Credit Information Bureau (India) Ltd., and any other agency so authorized may use, process the said information and
data disclosed by the TVS Credit in the manner as deemed fit by them; and
(ii) The Credit Information Bureau (India) Ltd., and any other Agency so authorized may furnish for consideration, the processed
information and data or products thereof prepared by them to the Banks/ Financial Institutions and other credit grantors or
registered users, as may be specified by the Reserve Bank in this behalf.
(iii) TVS Credit and all its Group Companies, holding, subsidiary, its associates and their Agents to exchange, share or part with
all the information and details relating to existing loans and /or repayment history to credit bureaus, credit rating agencies,
statutory bodies etc., as may be required or as they may deem fit and Borrower shall not hold the TVS Credit or any of its
Group Companies or its/their agents/ representatives liable for the use / sharing of this information."
Common Terms and Conditions of the InstaCard Programme ("InstaCard Terms" or "Terms")
The InstaCard Terms shall be read in conjunction with the common terms and conditions, along with any other agreements or
documents executed / accepted by all the customers (including nominees or any person acting on customer's behalf (if any),
including those who has already availed any loan from us under any loan agreements.
1. OVERVIEW
1.1. The InstaCard Terms governs your ("you", "your", "User", "Borrower" or "Customer") usage of the website
<https://www.tvscredit.com/> as well as all other linked pages, images, features, and mobile applications ("Platform") offered from
time to time by TVS Credit Services Limited ("TVS Credit", "Company", "we", "us") either through itself or a third party. These
terms shall be read in conjunction with the privacy policy, loan documents and all other policies governing the Platform.
1.2. By clicking the 'Checkbox' (or) 'Proceed' button above (or) sharing One Time Password ("OTP"), you hereby agree and acknowledge
that you are at least eighteen (18) years old and above, and have read, understood and consent to being governed and bound by these
InstaCard Terms. These InstaCard Terms constitute a binding and enforceable contract between you and the Company. If you do not
understand these InstaCard Terms, or do not accept or agree to any part of them, then you are requested to not access the Platform.
1.3. These InstaCard Terms are an electronic record in terms of the Information Technology Act 2000, as amended from time to time, and
rules made thereunder, and all other applicable laws that require publishing of policies for collection, usage, storage, disclosure, and
transfer of information. This electronic record is generated by a computer system and does not require any physical or digital
signatures.
2. DEFINITIONS
2.1. In this document, the following word and phrases shall have the following meanings:
2.1.1. "Application Form" shall mean and include the application agreed, executed/ to be executed by the Borrower in the form
and manner stipulated by the TVS Credit, from time to time.
2.1.2. "EMI/Equated Monthly Instalments" shall mean the amount payable every month by the Borrower to TVS Credit
comprising of principal amount, interest and other charges in respect of the Loan, as the case maybe.
2.1.3. "Event of Default(s)" shall have the meaning as ascribed to it under Clause 8.
2.1.4. "Existing Member Identification Number" shall mean the 10-digit customer identification number, issued by TVS Credit
to the Borrower for easy identification and usage of the Loan Limit with the Merchant (both POS & online) irrespective of
whether such Borrower has previously availed any loan facility from TVS Credit.
2.1.5. "Fees/Charges" means such charges as set out in these InstaCard Terms. All details mentioned herein shall be provided in
the Loan Term Sheet or the Key Fact Statement unless specifically communicated to the Borrower(s) and as amended from
time to time.
2.1.6. "InstaCard/Card" shall mean a physical or virtual card carrying the unique Existing Member Identification Number, issued
to the Borrower in terms hereof, (without any attached functionality of performing a financial transaction through the
Card) for the purposes of: (i) easy customer identification; (ii) tracking the usage of eligible loans availed by the Borrowers
under the InstaCard Programme; and (iii) any other function as designated by TVS Credit. It is clarified that InstaCard is not
a credit card, debit card, prepaid instrument or a card with a stored value.
2.1.7. "InstaCard Programme" shall mean the term loan facility program offered by the Company and consented to, by the
Borrower(s), by paying the necessary fee, wherein the Borrower subject to meeting the eligibility criteria may be issued the
InstaCard with Existing Member Identification Number as per the sole discretion of the Company as per the terms of the
Transaction Documents.
2.1.8. "InstaCard Terms" or "Terms" shall refer to the terms and conditions of the InstaCard Programme issued to the
Borrower(s) upon enrolment.
2.1.9. "Instant Bank Transfer" shall mean the Loan made available by TVS Credit in Saathi App to the Borrower and the transfer
of such Loan amount to the registered bank account of the Borrower.
2.1.10. "Key Fact Statement" shall mean the Loan Terms along with other necessary information of the Loan, including the
Annual Percentage Rate, all Fees/Charges payable by the Borrower(s) in relation to the Loan, the recovery mechanism, the
cooling-off / look-up period, etc.
2.1.11. "Loan" shall mean the amount of loan availed by the Borrower(s) from TVS Credit in connection with the Merchant
Payment and / or Instant Bank Transfer in respect of any requirement of the Borrower from time to time as per the
commercial terms and also include any top-up/enhancement of any existing loans so availed by the Borrower from TVS
Credit.
2.1.12. "Loan Agreement" means the terms and conditions entered into between TVS Credit and Borrower in connection with the
Loan or any further or future loans or in relation to the usage of the InstaCard, as amended and/or modified by TVS Credit
from time to time.
2.1.13. "Loan Terms" shall mean the Loan amount applied for or availed of by the Borrower(s) from TVS Credit and includes the
EMI, Loan tenure, applicable interest, fees, charges, and such other payment terms.
2.1.14. "Loan Term Sheet" means the document provided to the Borrower(s) by TVS Credit, containing the commercial terms in
relation to the Loan and confirmed, executed and accepted by the Borrower(s).
2.1.15. "Low Income Category" shall mean the category of Borrowers with an annual household income equivalent to or not
exceeding Rs. 3,00,000.
2.1.16. "Merchant" shall mean the merchant network created by TVS Credit with the establishments, wherever located, which
honor the InstaCard Programme facility and may include among others, stores, shops, hotels, airlines and mail order
advertisers.
2.1.17. "Merchant Payment" shall mean the Loan settlement made by TVS Credit to the Merchant directly in respect of the
purchase of product or receipt of services or otherwise made by the Borrower in Merchant counters.
2.1.18. "POS" / "EDC" means point of sale / electronic data capturing machines, respectively used at Merchant establishments in
India, capable of processing transactions and at which, the Borrower can use his sanctioned Loan instantly.
2.1.19. "Transaction Documents" shall mean this InstaCard Terms, the Loan Agreement and any document including that of such
forms as may be necessary that may be executed by and between TVS Credit and the Borrower in relation to the Loan.
2.1.20. "Valid Confirmation" shall mean the acceptance of the Loan Terms by the Borrower by executing the Loan Term Sheet or
"Valid Confirmation"entering the OTP at the Merchant outlet or on the Platform, wherever applicable.
2.1.21. "Welcome letter" means a letter sent by TVS Credit to the Borrower setting out the InstaCard Programme and the gist of
important terms and conditions applicable for availing/utilizing the Loan.
Annualized Rate of Interest for Customer will be charged effective Internal Rate of Return (IRR) ranging between 24% -35% on an
loan: (in % p.a.) annualized basis, as per the interest rate policy.
Annual fee will only be charged to the respective card holders who have not availed any loan using Instacard in the preceding
Annual Fee year. The duration of the preceding year is calculated 12 months from the last years validity month, which is available on the
face of the InstaCard.
For Example: If the card issued month of the face of the card is 12/2022, then annual fee will be debited in the month of
January 2023
6.5. The Borrower(s) can, at any time, prepay the Loan without incurring a penalty for the same, provided the Borrower(s) is under the
Low Income Category.
The Borrower(s) shall be liable to pay the applicable pre-payment charges as per the Loan Term Sheet and Key Fact Statement if the
Borrower(s) falls under the Low Income Category.
7. EXCLUSION OF LIABILITY
7.1. Without prejudice to the foregoing, TVS Credit shall be under no liability, whatsoever, to the Borrower(s), in respect of any loss or
damage arising, directly or indirectly, out of:
7.1.1. Any defect in any goods or services supplied, including delay in delivery or non-delivery, deficiency in services between the
Merchant establishment and Borrower(s) and / or any third party.
7.1.2. Any misstatement, misrepresentation, error or omission in any details disclosed to TVS Credit. In the event of a demand or a
claim for settlement of outstanding dues from the Borrower(s) is made, either by TVS Credit or any person acting on behalf
of TVS Credit, the Borrower(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 Borrower(s), in any manner.
7.1.3. The Borrower(s) expressly accepts that if he fails to pay monies on due date, or which may be declared due prior to the date
when it would otherwise have become due, or commits any default under the Transaction Documents, under which the
Borrower(s) is enjoying financial / corporate / other facility, then, TVS Credit shall, at its sole discretion, without prejudice,
exercise all or any of its rights as set out in these InstaCard Terms. Any notice concerning payments given by TVS Credit
hereunder will be deemed to have been received by the Borrower within seven (7) days of mailing to the Borrower(s)'
mailing address last notified in writing to TVS Credit. Any notice may also be sent by fax or communicated verbally and
confirmed in writing by post or fax. TVS Credit shall not be held accountable for delays in receipt of notices.
7.1.4. Any misappropriation/misuse of funds out of this facility, TVS Credit shall not be held liable.
10. DISCLOSURES
10.1. The Borrower(s) acknowledges and consents that the information under the InstaCard Programme may be exchanged amongst other banks
and financial entities that provide corporate facilities. The acceptance of an application for the InstaCard Programme is based on no adverse
reports of the individual's creditworthiness.
10.2. TVS Credit may report to other banks or financial entities of any delinquencies in usage of the InstaCard Programme facility. Based on the
receipt of adverse reports (relating to the credit-worthiness of the Borrower(s) or his/her family members), TVS Credit may, after 15 days'
prior notice in writing, cancel the InstaCard Programme facility, where upon the entire outstanding balance on the Loans as well as any
further Fees/Charges incurred upon usage of the InstaCard Programme facility, though not yet booked as Loan to the Borrower(s), shall be
immediately payable by the Borrower(s). The Borrower(s) shall in no event dispute regarding the aforesaid terms.
10.3. TVS Credit will not send any monthly statement pertaining to any transactions made by the Borrower(s) under the InstaCard Programme.
The Borrower(s) also confirms that all the details given in the Application Form shall be true, correct and accurate and if there are any
changes in the given details, he will inform TVS Credit within a reasonable time period. TVS Credit disclaims all liability in case of incorrect
details resulting in any loss or liability for the Borrower(s).
10.4. Borrower hereby agrees and give consent for the disclosure by the TVS Credit to all/any such entities mentioned in clause (i),(ii) and (iii) any
:
a) information and data relating to Borrower;
b) information or data relating to any credit facility availed by Borrower; and
c) default, if any, committed by Borrower, in discharge of such obligation as the TVS Credit may deem appropriate and necessary, to
disclose and furnish to Credit Information Bureau (India) Ltd., and any other agency authorized in this behalf by RBI.
(i) The Credit Information Bureau (India) Ltd., and any other agency so authorized may use, process the said information and data
disclosed by the TVS Credit in the manner as deemed fit by them; and
(ii) The Credit Information Bureau (India) Ltd., and any other Agency so authorized may furnish for consideration, the processed
information and data or products thereof prepared by them to the Banks/ Financial Institutions and other credit grantors or
registered users, as may be specified by the Reserve Bank in this behalf.
(iii) TVS Credit and all its Group Companies, holding, subsidiary, its associates and their Agents to exchange, share or part with all the
information and details relating to existing loans and /or repayment history to credit bureaus, credit rating agencies, statutory bodies
etc., as may be required or as they may deem fit and Borrower shall not hold the TVS Credit or any of its Group Companies or
its/their agents/ representatives liable for the use / sharing of this information."
A. When you opt for a loan or EMI on purchase of a product at a sales outlet and provide your information to our empanelled
dealers.
B. If you express an interest in our services, either online or at a physical outlet, we collect and share your Personal Data with
our empanelled dealers, who in turn would contact you to provide more details on the loan.
C. If you are an existing customer or want to apply for a loan through our website or mobile application, we collect your
Personal Data for the following purposes:
i. to authenticate your account or information on our application that you use.
ii. to process your loan application efficiently.
iii. to perform risk assessment, detect and prevent fraud prior to arriving at a decision for providing a loan.
iv. to deliver the information and support you request, including technical notices, security alerts, support
and administrative messages.
v. to communicate with you regarding existing products and services availed by you, including
notifications of any alerts or updates.
vi. to evaluate, develop and improve our services.
vii. for market and product analysis and market research.
viii. to send you information about our other products or services which may be of interest to you.
ix. to obtain feedback and handle enquiries and complaints.
x. to comply with legal or regulatory requirements.
xi. to reach out to you for repayment reminders.
xii. to reach out to you to resolve your grievances.
xiii. to manage your existing loan accounts and to update you on the loan servicing.
D. If you are an empanelled dealer, we collect your Personal Data for onboarding and payment purposes.
E. If you are a visitor to our website or social media pages, we process your Personal Data to optimize your experience,
customize content and track digital footprint.
F. If you are a prospective employee, we collect your Personal Data for employment evaluation purposes.
G. We may also record any communications between you and us including telephone calls. We will use these recordings to
check your instructions to us, for identification, investigation, regulatory, fraud prevention, training and quality purposes and
to analyse, assess and improve our services.
H. For security and to prevent and detect crime we may use CCTV in and around our premises to monitor and collect images or
voice recordings (or both).
I. We also use your Personal Data for marketing and promotional campaigns.
J. We may also receive your Personal Data via Lending Service Providers. For further information on all the Lending Servicer
Providers engaged by us along with the purpose for which they are engaged, please click on the link Digital Lending Partners
Engaged by TVS Credit Services.
i. To respond to court orders, or legal process, or to establish our legal rights or defend against legal
claims.
ii. If TVS Credit Services is acquired by or merged with another company.
iii. For transfer of loan exposures as per RBI Guidelines.
iv. With lenders as part of borrowing conditions.
We collect Personal Data about you via Mobile Application using permissions such as camera, contacts/telephone, coarse (network-based)
location, fine (GPS) location, list of accounts, external storage contents, photo, SMS, etc. Your iOS and Android devices will notify you of
the permissions that our app seeks and will provide you an option to consent to or refuse the permission. We use the data obtained through
permissions to provide the functionalities through the Mobile Application. We have also embedded certain trackers in our Mobile
Application for the purpose of credit underwriting and providing functionalities through the Mobile Application.
Where you have given consent for use of Mobile Permissions while accessing our Mobile Application, you have the option to revoke your
consent from the Settings Section of your mobile device. In many cases, upon such a revocation, you may not be able to access certain
features of the Mobile Application or continue using our products and services.
Under an ongoing contractual relation between us, revocation of consent can be affected upon only on fulfillment of all your contractual
obligations in relation thereto the original consent has been provided for.
You may revoke your consent by contacting us using the details specified in the 'Contact Us' section.
If you wish to make a request to exercise any of your rights , to raise any concerns about our privacy practices, or to obtain other privacy
related information, you can get in touch with us a using details specified in the 'Contact Us' section. However, if you are an existing or past
customer of TVS Credit Services, we would not be in a position to delete such of your Personal Data from our systems for such minimum
period after the closure of contractual obligation as we are legally obliged to retain as provided under applicable laws and regulations. Also,
if any such Personal Data is required to be retained for the purpose of any ongoing litigation, then till the time of closure of such litigation.
Hereinafter referred to as ("Institution") in accordance with the rules of the Institution as prevailing and as amended from time to
time.
The arbitration proceedings shall be based on documents only which shall be conducted through the exchange of e-mail and/or any
other mode of electronic communication as permitted by the rules of the Institution or through an online dispute resolution by the web
portal offered by the Institution. The parties hereby agree that the arbitral proceeding shall be conducted in electronic mode and all
pleadings and documents will be exchanged electronically. There shall be no in-person and/or oral hearings except in certain
exceptional circumstances as the sole arbitrator may deem fit upon the request of either of the parties. In such instances, the hearings
shall be conducted virtually at the sole discretion of the arbitrator. The seat of arbitration for all purposes shall be at Chennai, the
language of arbitral proceedings shall be English.
In the event the arbitrator to whom the matter is originally referred, resigns, or dies or is unable to act for any reason, the Institution
shall appoint another person in his/her place to act as an arbitrator who shall proceed with the reference from the stage at which it was
left by his/her predecessor.
The arbitrator so appointed shall have the power to pass an award and also to pass interim orders/directions as may be appropriate to
protect the interest of the parties pending the resolution of the dispute. A certified copy of the award passed by the arbitrator, a
digitally signed copy of the same, or a scanned copy of the same shall be sent to the parties through e-mail or any other electronic
mode including the web portal as the Institution deems fit which shall be considered as a signed copy.
All notices, processes, and communications between the parties with respect to the arbitration proceedings shall be through e-mail or
any other mode of communication permitted by the Institution notwithstanding the notice clause contained in the Agreement which
shall continue to apply to all other communications between the parties.
It shall be the responsibility of the Lender and Obligor(s) to maintain sufficient space in the e-mail account and/or in any other mode
of electronic account(s) and also to have supporting applications/software in their computer/mobile/any other electronic device to
access the electronic documents sent to them. It shall also be the responsibility of the Lender and Obligor(s) to save the emails in the
address book. The delivery of emails to spam, promotion, etc., shall also be a deemed delivery.
16. DECLARATION
16.1. I/We hereby declare that the OTP generated using the mobile phone number 9923548402 belongs to me Santosh Ramulu Dasari and
the company can rely upon the same and process the Application Form. I / we hereby adhere to all the terms & conditions and release,
absolve the Company from any liability whatsoever for processing the Loan documentation basis this declaration subject to
fulfillment of other criteria as per policy of the Company.
16.2. I confirm the receipt of 'TVS Credit Services Limited' InstaCard Terms governing this, Received, Read & Understood.
16.3. Further, I agree that my action of submission of the OTP sent by TVS Credit constitutes a valid acceptance by me of the Terms and
Conditions contained herein and same shall have binding effect on me.
*Please note:
1. The disbursement of Loan, i.e., the actual date of transfer of funds shall be subject to submission of all the necessary documents by the
Borrower to the satisfaction of the Lender and not immediately upon execution of the Agreement. The final Repayment Schedule shall be
computed from the date of disbursement of Loan and communicated to the Borrower, which shall, in the event of any conflict, supersede
and override the Repayment Schedule which is attached herein with the Agreement. Such subsequent communication containing the final
Repayment Schedule shall be binding on the Borrower and form part and parcel of the Loan Agreement.
2. The interest shall become payable from the date of disbursement of Loan. The amount of first EMI may vary depending upon the date of
disbursement.
Example:
Scenario 1: For Loans disbursed between 01-01-2024 to 4-01-2024 , the Due Date of first EMI shall be on or before 05-02-2024. In this
case the amount of first EMI shall be higher than the rest of the EMI amounts and last EMI amount may be higher or lower than the
remaining EMI amounts.
Scenario 2: For Loans disbursed between 05-01-2024 to 19-01-2024 , the Due Date of first EMI shall be on or before 05-02-2024. In this
case the amount of first EMI shall be same with the rest of the EMI amounts and last EMI amount may be higher or lower than the
remaining EMI amounts.
Scenario 3: For Loans disbursed between 20-01-2024 to 31-01-2024, the Due Date of first EMI shall on 05-03-2024. In this case the
amount of first EMI shall be higher than the rest of the EMI amounts and last EMI amount may be higher or lower than the remaining EMI
amounts.
The above scenarios are only for illustrative purposes. The actual Due Dates and amount of each EMI are to be referred and read from the
final Repayment Schedule only.
"The Due date as specified in this repayment schedule of the Loan Agreement may differ based on the disbursement date. The Actual EMI
start date is subject to the submission of all the necessary documents by the Borrower to the satisfaction of the Lender and the same shall be
communicated to the Borrower via Welcome Letter.
In the event of any conflict between the Due date specified in the repayment schedule of the Loan Agreement and the Welcome Letter, the
revised Repayment Schedule as provided together with the Welcome Letter as per the due date mentioned therein shall be final and
binding."
Borrower and Guarantor are requested to note that
If there is a default in making payment of Principal or interest or any other amount wholly or partly levied by the Company on or before
due date, then such overdue loan account shall be classified as SMA (Special Mention account) or NPA (Non-performing asset) as per
RBI regulations as indicated in below table:
Overdue Classification
For a period upto 30 days SMA-0
For a period more than 30 days and upto 60 days SMA-1
For a period more than 60 days and upto 90 days SMA-2
For a period more than 90 days NPA*
If due date of a loan account is April 05, 202X, and full dues are not received by the Company on or before this date, the date of overdue
shall be April 05, 202X and this account shall be tagged as SMA-0.
If the loan account continues to remain overdue then this account shall be tagged as SMA-1 on May 05, 202X i.e. upon completion of 30
days of being continuously overdue. Accordingly, the date of SMA-1 classification for that account shall be May 05, 202X.
If the loan account continues to remain overdue, it shall be tagged as SMA-2 on June 04, 202X i.e. upon completion of 60 days of being
continuously overdue. Accordingly, the date of SMA-2 classification for that account shall be June 04, 202X.
Similarly, if the loan account continues to remain overdue further, it shall be classified as NPA on July 04, 202X.
.
SANCTION LETTER CUM LOAN TERM SHEET
I confirm the receipt of 'TVS Credit Services Ltd' Terms and conditions governing this loan
Loan proposal/
1 Type of Loan Consumer Durable Loan
account No. 3085CD0184086
Disbursal schedule
5 Instalment details 1
NA NA NA NA NA NA NA NA
8 Fee/ Charges
Insurance Premium
(ii) One-Time One-Time 0.0
Charges
Mandate Registration
(iii) One-Time 150.0
Charges
Credit Verification
(iv) One-Time 150.0
Charges
(v) Any other (please specify)
VAS Charges:
3% on principal outstanding
for all interest-bearing
(iii) Foreclosure charges
schemes, Nil for non-interest-
bearing schemes
(iv) Charges for switching of loans from floating to fixed rate and vice versa NA
1) The given Details of Instalments i.e., the amount of EPI/EMI and date of Commencement of repayment are for illustrative purposes only. The actual
Details of Instalments shall be in accordance with the final repayment schedule which shall be communicated to the Borrower in writing along with the
final KFS. The registered address and/or mobile number of the Borrower as captured in the application form and other loan documents such as sanction
letter and loan agreement shall be used for sending such communication.
11.12 The Lender shall, without prejudice to its rights to perform such activities itself or through its
office employees, be entitled to appoint one or more person(s) (“Service Providers”) as the Lender
Clause of Loan
may select and to delegate to such party all or any of its functions, rights and powers under the
agreement
Transaction Documents including the rights and authority to receive on behalf of the Lender from the
1 relating to
Borrowers all Borrower’s Dues by engaging recovery agents and to perform and execute all lawful
engagement of
acts, deeds, matters and things connected therewith and incidental thereto. The Borrowers expressly
recovery agents
and irrevocably consent that for any claim against the Service Providers, the Lender shall not be liable
and the claim of the Borrowers on this account shall be against the Service Providers only.
11.13 The Lender shall be accountable for any inappropriate behavior by its employees or employees
of its Service Providers. In the event the Borrower is aggrieved by the behaviour or acts of any
employees of its Service Providers then the Borrower may lodge its grievance with:
Grievance Redressal Officer appointed as the Grievance Redressal Officer (GRO) under the Fair
Clause of Loan
Practices Code and digital lending guidelines issued on 02.09.2022 who can be approached by the
agreement which
public for resolution of complaints against the Lender. The Borrower may lodge a complaint by
2 details grievance
sending an email at [email protected]. If the complaint / dispute is not redressed within a period of
redressal
one month, the customer may appeal to the Officer-in-Charge of the Regional Office of Department of
mechanism
Non-Banking Supervision (DNBS), Reserve Bank of India, Fort Glacis, Rajaji Salai, Chennai 600 001,
Tamil Nadu, Tel: 044 25393406, under whose jurisdiction the registered office of the Lender falls. For
the benefit of the Borrower, the above information on “grievances” will be displayed at the Lender’s
branches / places where business is transacted.
Phone number
and email id of the Email: [email protected]
3
nodal grievance Mobile: 7305963580
redressal officer
In case of lending under collaborative lending arrangements (e.g., co-lending/ outsourcing), following additional details
5
may be furnished:
Name of the
originating RE,
Name of the partner RE along with its proportion of funding Blended rate of interest
along with its
funding proportion
NA NA NA
(i) Cooling off/look-up period, in terms of RE’s board approved policy, during which
NA
borrower shall not be charged any penalty on prepayment of loan
(ii) Details of LSP acting as recovery agent and authorized to approach the borrower NA
Please Note: The above computation for APR is for illustrative purposes only. The final APR shall be computed basis the date of actual disbursement of
the sanctioned loan amount. Upon actual disbursement of the sanctioned loan amount, the final KFS containing the final APR shall be communicated to
the Borrower in writing. The registered address and/or mobile number of the Borrower as captured in the application form and other loan documents such
as sanction letter and loan agreement shall be used for sending such communication.
Annex B
Computation of APR for Consumer Durable Loan
Sr.
Parameter Details
No.
Sanctioned Loan amount (in Rupees) ( Sl no. 2 of the KFS
1 18000.0
Annexure A – Part 1)
2 Loan Term (in years/ months/ days) (Sl No.4 of the KFS Annexure A – Part 1) 9 Months
(a) No. of instalments for payment of principal, in case of non- equated periodic loans NA
Type of EPI
Monthly
(b) Amount of each EPI (in Rupees) and nos. of EPIs,
9 x 2000
(Sl No. 5 of the KFS Annexure A – Part 1)
(c) No. of instalments for payment of capitalised interest, if any NA
(d) Commencement of repayments, post sanction (Sl No. 5 of the KFS Annexure A – Part 1) 23 Days (03/01/2025)1
Interest rate type (fixed or floating or hybrid) (Sl No. 6 of the
3 Fixed
KFS Annexure A – Part 1)
4 Rate of Interest (Sl No. 6 of the KFS Annexure A – Part 1) 7.96 %
Total Interest Amount to be charged during the entire tenor of the loan as per the rate
5 1431.98
prevailing on sanction date (in Rupees) - (a)
Out of (5) above, amount paid by manufacturer/dealer as interest subvention - (b) 1431.98
Total Net Interest Amount payable by the customer (a) - (b) 0.0
6 Fee/ Charges payable (in Rupees) 699.0
Payable to the RE - TVS Credit Services Limited (A) (Sl No.8A of the KFS Annexure A -
A 699.0
Part 1) (in Rupees)
Payable to a third party through RE - TVS Credit Services Limited (B) (Sl No.8B of the KFS
B 0.0
Annexure A - Part 1) (in Rupees)
7 Net disbursed amount (1-6) (in Rupees) 17301.0
8 Total amount to be paid by the borrower (sum of 1 and 5) (in Rupees) 18000.0
Annual Percentage rate2- Effective annualized interest rate (in percentage)3- (Sl No.9 of the
9 27.59
KFS Annexure A - Part 1)
10 Schedule of disbursement as per terms and conditions Upfront
FROM 03/01/2025 to
03/09/2025
11 Due date of payment of instalment and interest
(payable on 3rd of every
month)4
1)The given date of Commencement of repayment is for illustrative purposes only. The actual details of date of Commencement of repayment shall be in
accordance with the final repayment schedule which shall be communicated to the Borrower in writing along with the final KFS. The registered address
and/or mobile number of the Borrower as captured in the application form and other loan documents such as sanction letter and loan agreement shall be
used for sending such communication.
2) The above computation for APR is for illustrative purposes only. The final APR shall be computed basis the date of actual disbursement of the
sanctioned loan amount. Upon actual disbursement of the sanctioned loan amount, the final KFS containing the final APR shall be communicated to the
Borrower in writing. The registered address and/or mobile number of the Borrower as captured in the application form and other loan documents such as
sanction letter and loan agreement shall be used for sending such communication.
3) Computed on net disbursed amount using IRR approach and reducing balance method
4) The given Due date of payment of instalment and interest are for illustrative purposes only. The actual Due date of payment of instalment and interest
shall be in accordance with the final repayment schedule which shall be communicated to the Borrower in writing along with the final KFS. The registered
address and/or mobile number of the Borrower as captured in the application form and other loan documents such as sanction letter and loan agreement
shall be used for sending such communication.
Annex C
Repayment Schedule1
Instalment No. Outstanding Principal (in Rupees) Principal (in Rupees) Interest (in Rupees) Instalment (in Rupees)2
1 18000 2000 0 2000
2 16000 2000 0 2000
3 14000 2000 0 2000
4 12000 2000 0 2000
5 10000 2000 0 2000
6 8000 2000 0 2000
7 6000 2000 0 2000
8 4000 2000 0 2000
9 2000 2000 0 2000
1) The above repayment schedule is for illustrative purpose only. The final repayment schedule shall be computed basis the date of actual disbursement
of the sanctioned loan amount. Upon actual disbursement of the sanctioned loan amount, the final KFS shall be communicated to the Borrower in writing.
The registered address and/or mobile number of the Borrower as captured in the application form and other loan documents such as sanction letter and
loan agreement shall be used for such sending such communication
2) Please Note
a. The disbursement of Loan, i.e., the actual date of transfer of funds by Lender, shall be subject to submission of all the necessary documents by the
Borrower to the satisfaction of the Lender and not immediately upon execution of the Agreement. The final Repayment Schedule shall be computed from
the date of disbursement of Loan and communicated to the Borrower, which shall, in the event of any conflict, supersede and override the Repayment
Schedule which is attached herein with the Agreement. Such subsequent communication containing the final Repayment Schedule shall be binding on
the Borrower and form part and parcel of the Loan Agreement.
b. The interest shall become payable from the date of disbursement of Loan. The amount of first and last EMI may vary depending upon the date of
disbursement. Example Scenario 1: For Loans disbursed between 01-01-2024 to 4-01-2024 , the Due Date of first EMI shall be on or before 05-02-2024.
In this case the amount of first EMI shall be higher than the rest of the EMI amounts and last EMI amount may be higher or lower than the remaining EMI
amounts.
Scenario 2: For Loans disbursed between 05-01-2024 to 19-01-2024 , the Due Date of first EMI shall be on or before 05-02-2024. In this case the
amount of the first EMI shall be same with the rest of the EMI amounts and the last EMI amount may be higher or lower than the remaining EMI amounts.
Scenario 3: For Loans disbursed between 20-01-2024 to 31-01-2024, the Due Date of first EMI shall be on 05-03-2024. In this case the amount of first
EMI shall be higher than the rest of the EMI amounts and last EMI amount may be higher or lower than the remaining EMI amounts.
The above scenarios are only for illustrative purposes. The actual Due Dates and amount of each EMI are to be referred and read from the final
Repayment Schedule only.