Applicant Declaration (forming part of the [Facility Application Form])
[I/We], ("the Applicant(s)"), hereby unconditionally and irrevocably declare and confirm that:
Pursuant to [my/our] application for the Facility, [I/we] make this declaration for the benefit and reliance of the Lender and UGT.
[I/We] shall submit, sign and execute all such facility agreements and other documents as may be prescribed and/or required by the Lender, in its discretion, in relation to availing such a Facility at any point of time and the applicable stamp duty in which regard shall be payable by [me/us].
[I/We] fully acknowledge that the grant of the Facility is at the sole discretion of Lender and is subject to [my/our] execution of documents deemed necessary by the Lender and [my/our] fulfilment of other closing formalities as required by, and to the satisfaction of, the Lender in this regard. We also acknowledge that the Lender reserves the right to reject [my/our] application for such a Facility without assigning any reasons whatsoever, and that [I/we] reserve no right to appeal against such a decision of the Lender. [I/We] further acknowledge that the processing fee given by [me/us] in relation to the application for such a Facility is non-refundable and in case of the rejection of [my/our] application, [I/we] shall not seek a refund of the same.
[I/We] declare that [I am/we are] [citizen(s) of/resident(s) in] India and [I/we] declare, warrant and represent that all the particulars and information and details provided in the application form to avail the Facility and documents given by [me/us] to the Lender and/or UGT in connection therewith, are true, correct, accurate and up-to-date in all respects and that [I/we] have not withheld or suppressed any material information from the Lender or UGT in this regard. [I/ We] further acknowledge that all the information given by [me/us] in the application for a Facility upon the Lender’s request, shall form the basis of any loan or facility that the Lender may decide to grant to [me/us]. We understand and acknowledge that the Lender and/or UGT reserve the right to retain all applicable information, photographs and other documents submitted by [me/us] (forming part of such application and this declaration) and may not return the same to [me/us].
[I/We] confirm that there are no insolvency proceedings against [me/us] nor have [I/we] ever been adjudicated insolvent by any judicial or other authority under applicable law. [I/We] also undertake to inform the Lender of changes in [my/our] occupation or employment and to provide any further information that the Lender may in its discretion require. [I/We] shall further inform the Lender on the change in [my/our] resident status, control, capital structure, constitution and management (wherever applicable).
[I/We] hereby agree and give [my/our] consent for the disclosure by the Lender and/or UGT, waiving specifically [my/our] right of notice, privacy, privity, defamation for such disclosure by the Lender and/or UGT, of all or any of the following:
information and data relating to [me/us] as well our directors and group companies (as applicable) or obligations to be assumed by [me/us], our directors and/or our group companies (as applicable) in connection with the Facility to be availed by [me/us] as well as any other information required to provided pursuant to such a Facility and as required by the Lender and/or UGT; and (b) Any default committed by [me/us] and/or non-performance of our obligations prescribed in any facility document or other agreement executed pursuant to the Lender’s instruction (as determined by the Lender in its sole discretion) in relation to the Facility that will be granted to [me/us] upon the successful processing of [my/our] application by the Lender, and as the Lender may deem appropriate and necessary to disclose and furnish to
The Reserve Bank of India ("RBI") or the Credit Information Bureau (India) Limited ("CIBIL") and/ or any other agency authorized in this behalf by RBI or any regulatory, supervisory or other authority, court of law, tribunal or person, in India or any other jurisdiction, where such disclosure is required by law, regulation, judgment or order of court or order of any tribunal;
any actual or potential assignee(s) or novatee(s) or transferee(s) of any rights and obligations of the Lender or other participants in any of its rights and/or obligations under or relating to the Facility for any purposes connected with the proposed assignment or transfer; or UGT. Provided that K M G Leasing & Advances Ltd. may use, disclose and/or process such information and data disclosed by the Lender in the manner as it deems fit.
[I/We] also acknowledge that the Lender and/or UGT shall have the right to seek information pertaining to [me/us] from regulatory authorities and other third parties including, alternate sources (Trusting Social score) to establish credit worthiness, inter-alia, the RBI, the CIBIL, Experian, CRIF Highmark, Equifax etc. in accordance with applicable law.
[I/We] have no objection to furnish documents deemed necessary by the Lender and/or required as per 'Know Your Customer' guidelines issued by RBI.
[I/We] further acknowledge and appreciate that this declaration along with the application for a Facility can be routed to multiple Lenders at the discretion of K M G Leasing & Advances Ltd..
[I/We] acknowledge and appreciate that the Lender and UGT will have right to seek information related to the business transactions from [my/our] business partners for the purpose of the sanction of Facility and ongoing monitoring in relation thereto.
[I/We] further acknowledge and declare that the funds availed by [me/us] pursuant to the Facility shall be used for the purpose for which such a Facility has been granted and will not be used for any speculative, prohibited, forbidden, illegal, unlawful or anti-social purposes whatsoever.
By accepting the terms and conditions, [I/We] [am/are] deemed to have accepted, read, understood and agreed to be bound by the terms (including amendments thereof) governing the Facility as determined by the Lender in its sole discretion.
Further, [I/we] have no objection to the Lender and/or UGT from sending [me/us] promotional offers of their products or services (including those of the subsidiaries, affiliates or associate companies of the Lender and/or the Company). [I/We] further acknowledge that the use of the above information shall not amount to violation of any of [my/our] rights or privileges pertaining to privacy or confidentiality. [I/We] further confirm that the privacy rights available to us under, inter-alia, the Telecom Regulatory Authority of India Act, 1997 and the Telecom Commercial Communication Customer Preference Regulations, 2010, and any statutory amendments thereto, will not be exercised by [me/us] in relation to any promotional offers or information received from the Lender and/or UGT and their subsidiaries, affiliates or associate companies. [I/We] accord the above consent, notwithstanding the grant of Facility, its rejection by the Lender, or the maturity of such Facilities and authorise Lender and/or K M G Leasing & Advances Ltd. to use the said information.
[I/we] holder of the Aadhaar number stated herein, hereby voluntary give my/our consent to K M G Leasing & Advances Ltd./Lender to obtain and use my/our Aadhaar number /Name and Fingerprints/Iris and my/our Aadhar details to authenticate me/us with unique identification Authority of India (UIDAI) as per Aadhaar Act,2016 and all other applicable laws ('Aadhar Details'). [I/we] understand that furnishing of Aadhaar Details is mandatory for the processing of my/our loan and related services.
UGT/Lender has informed me/us that my/our Aadhaar details and identity information would only be used for demographic authentication, validation, e-KYC purpose and OTP authentication for availing services from K M G Leasing & Advances Ltd./Lender. A record of the search may be retained as per applicable laws for usage by UGT/Lender for KYC verification or Aadhar based authentication or for enforcement /compliance of K M G Leasing & Advances Ltd./Lender rights and obligations under applicable laws. [I/we] shall not hold UGT [or any of its group/ related entities/ or its their agents/ representatives/ service provider] liable for the use/ sharing of the information and details for any purpose mentioned herein in accordance with applicable laws.
[I/we] hereby give my expressed and unequivocal consent to UGT/Lender to retrieve/ procure such data/ details from UIDAI for the purposes of verifying my/our data/details/identity. I hereby further authorize UGT /Lender and its service providers that to do so. K M G Leasing & Advances Ltd./Lender and/or the service provider may check the details that [I/we] have supplied against any particulars to UIDAI
[I/we] hereby state that [I/we] have no objection in authenticating my/our details with Aadhar based authentication system and hereby consent to and authorize K M G Leasing & Advances Ltd./Lender to retrieve my/our personal details from UIDAI for Aadhar based authentication for the purpose of generation of E-sign, for registration of e-mandate and for validating my consent to the terms and conditions of the definitive agreements for the services of UGT/Lender.
UGT/Lender has also informed that my/our biometric details will not be stored /shared and will be submitted to Central Identities Data Repository (CIDR) only for the purpose of authentication.
[I/we] also authorize UGT/Lender to link and authenticate my/our Aadhaar no to all its services of UGT/Lender as may be opened in the future in addition to the those mentioned herein
[I/we] declare that the details submitted by me/us in the Aadhaar letter are accurate, current and complete. [I/we] will not hold UGT/ Lender and any of its officials responsible in case of any incorrect information provided by me/us.
[I/we] understand that UGT/Lender and the service providers shall ensure security, protection, confidentiality and access of my/our personal data provided for the purpose of Aadhaar based authentication / KYC verification and other services as mentioned above in accordance with applicable laws.
[I/we] agree that the information shared under this declaration shall be retained/ stored/ transmitted/ furnished by K M G Leasing & Advances Ltd. as per applicable laws.
By signing/ accepting the terms and conditions, [I/We] [am/are] deemed to have accepted, read, understood and agreed to be bound by the terms (including amendments thereof) governing the Facility as determined by the Lender in its sole discretion.
In this regard, [I/we] represent and warrant that the declarations made above by [me/us] have been made in [my/our] true and lawful capacity and further recognize that the Lender and/or K M G Leasing & Advances Ltd. will rely on the correctness and accuracy of the declarations made by [me/us] in this declaration. [I/We] acknowledge that any inaccuracies or falsehoods in the declarations made by [me/us] and/or information provided by [me/us] shall give an unconditional right to the Lender, at any point in time, to cancel the Facility and exercise all rights available to such Lender against [me/us] under applicable law.