Terms and Conditions for Direct Selling Agents (DSAs)

Effective Date: April 01, 2025

1. Purpose of the Document

These Terms and Conditions apply to all Direct Selling Agents (DSAs) referring loan-seeking customers to D Wealth Small Finance Private Limited (the “Company”). Acceptance of these terms is mandatory before any referral activity.

2. Declaration of Non-Involvement in Bribery or Illegal Payments

 The Direct Selling Agent (DSA) hereby solemnly affirms and declares as follows:

2.1. Absolute Prohibition on Illegal Gratification

The DSA affirms that, at no point during the lead generation, referral, loan application, processing, sanctioning, or disbursement stages, has the DSA:

• Demanded, requested, or solicited any form of bribe, commission, kickback, or easement money from the referred customer or their associates.
• Offered or provided any bribe or unauthorized incentive to any employee, official, agent, representative, or affiliate of D Wealth Small Finance Private Limited, whether directly or through intermediaries, for facilitating or influencing the outcome of the loan process.

This declaration applies to both monetary and non-monetary forms of illegal gratification, including but not limited to cash, gifts, favors, commissions, or any benefit which is outside the scope of official compensation structures.

2.2. Disclosure of Charges and Fair Dealing

The DSA affirms that:

• A complete and transparent disclosure of the applicable Schedule of Charges, Processing Fees, and other statutory or service-related costs has been made to the customer prior to submission of the loan application.
• The DSA has not collected, demanded, or accepted any payment (cash, cheque, UPI, or any other form) from the customer outside the officially permitted charges communicated by D Wealth Small Finance Private Limited.
• All payments made by the customer in respect of loan processing, advisory, or document handling were directly deposited with the Company’s designated accounts and duly receipted. 

Any instance of fee manipulation, withholding of information, or unauthorized charge collection shall be deemed a material breach of this declaration.

2.3. Use of Authorized Channels Only

The DSA confirms that:

• All interactions, communications, and transactions related to loan referrals have been conducted solely through the authorized and recognized channels of D Wealth Small Finance Private Limited.
• The DSA has not involved any unauthorized third party, associate, or external agent to intervene, facilitate, or influence the outcome of the loan application in any capacity.
• Customers have been expressly informed that the Company operates under a strict ethical code, and no bribe or illegal payment is required to avail of its services. 

Any reliance on third-party intermediaries or agents outside the Company’s official ecosystem, for any stage of the process, shall be deemed a violation of Company policy.

2.4. Rights of the Company in Case of Misconduct

The DSA acknowledges that:

• If any instance of bribery, illegal inducement, unauthorized payment, or use of intermediaries is discovered, whether through internal audits, customer complaints, or third-party information, D Wealth Small Finance Private Limited holds the irrevocable and unilateral right to:
  • Cancel or revoke any loan referral made by the DSA.
  • Blacklist or terminate the DSA from its empanelment list with immediate effect.
  • Initiate legal and criminal proceedings, including reporting the matter to the law enforcement authorities under relevant provisions of the Indian Penal Code, the Prevention of Corruption Act, and the Information Technology Act, 2000.

The Company reserves the right to exercise these remedies without any further notice or compensation to the DSA.

2. 5. Binding Nature of Declaration

This declaration shall be deemed binding upon the DSA for all past, present, and future referrals made to D Wealth Small Finance Private Limited. Any act or omission on the part of the DSA in contravention of the above shall result in severe legal, financial, and reputational consequences as deemed fit by the Company.
 

3. Confidentiality and Data Protection

The Direct Selling Agent (DSA) hereby acknowledges and undertakes the following obligations concerning confidentiality and the protection of customer data: 

3.1. Statutory Compliance with Data Protection Laws

The DSA affirms that all customer-related information, documents, communications, and data shared or collected in connection with referrals made to D Wealth Small Finance Private Limited shall be handled in strict compliance with applicable Indian laws, including but not limited to:

• The Information Technology Act, 2000 and its applicable rules (including the Reasonable Security Practices and Procedures Rules).
• The Digital Personal Data Protection Act, 2023 (once notified).
• Any guidelines or directions issued by the Reserve Bank of India (RBI) regarding data security and financial privacy.
• Any regulations issued under the Consumer Protection Act, 2019 and its e-commerce rules (if applicable).

3.2. Responsibility for Customer Data

The DSA explicitly agrees that:

• All personal, financial, biometric, KYC, and transactional data of the customer, co-applicant(s), or guarantor(s) must be handled with utmost confidentiality and used solely for the purposes of loan referral and processing within the scope of work authorized by D Wealth Small Finance Private Limited.
• No customer data shall be used for marketing, cross-selling, or any other personal or commercial gain.
• The DSA shall not store, replicate, or retain customer data beyond the time and purpose for which it was collected.
   

3.3. Prohibition on Unauthorized Access or Disclosure

The DSA undertakes:

• Not to share, disclose, or transfer any customer data or document to any third party, unauthorized person, entity, or platform, unless explicitly authorized in writing by the Company.
• To ensure that customer data is not exposed, leaked, or compromised during transmission through unsecured digital mediums (e.g., WhatsApp, public emails, personal cloud storage).
• That any loss, theft, or breach of data (whether digital or physical) must be immediately reported to the designated Compliance Officer of the Company for timely rectification.
   

3.4. Use of Secure Communication and Storage Channels

The DSA shall:

• Use only authorized applications, platforms, and email channels provided or approved by D Wealth Small Finance Private Limited for submitting, communicating, or uploading customer-related data.
• Not upload, transmit, or share sensitive personal data via personal devices, third-party tools, or public/shared networks without encryption and prior authorization.
   

3.5. Consequences of Breach

In the event of any breach, negligence, or violation of data protection obligations, the Company reserves the right to:

• Terminate the empanelment of the DSA with immediate effect.
• Blacklist the DSA permanently from engaging with D Wealth Small Finance or its affiliates.
• Initiate civil and criminal legal proceedings, including but not limited to prosecution under Sections 43A, 72A, and other relevant provisions of the Information Technology Act, 2000, and other applicable laws.
• Recover monetary damages, penalties, or reputational losses arising from such data breach or disclosure.
   

3.6. Ongoing Obligation

This obligation of confidentiality shall:

• Survive the termination, expiration, or discontinuation of the DSA’s relationship with the Company.
• Remain binding irrespective of the method of data collection (digital, physical, or verbal).
   

4. Privacy Policy Compliance

The Direct Selling Agent (DSA) hereby agrees to strictly adhere to the Privacy Policy of D Wealth Small Finance Private Limited, as publicly available at https://dwsfinance.com/privacy-policy. The DSA acknowledges that the Privacy Policy is an integral part of the Company’s data governance framework and agrees to comply with its provisions in both letter and spirit.

4.1. Acknowledgement of Privacy Policy

• The DSA confirms that they have read, understood, and accepted the terms of the Privacy Policy as updated and published on the Company’s website.
• The DSA undertakes to remain updated with any future modifications or additions to the Privacy Policy and ensure ongoing compliance without fail.
   

4.2. Secure Use, Access, and Storage of Data

• The DSA shall access, use, store, and process customer data only through secure mechanisms and solely for the purpose of facilitating the loan application process.
• The DSA must use encrypted communication channels, secure servers, and password-protected devices while handling any form of customer information.
• No data shall be stored longer than necessary, nor downloaded to personal devices or external cloud platforms without express written approval from the Company.
   

4.3. Prohibition on Unauthorized Sale or Distribution

• Under no circumstances shall the DSA sell, rent, disclose, or otherwise distribute any customer data—personal, financial, or otherwise—to any third party, including marketing agencies, analytics firms, or affiliated service providers not authorized by the Company.
• The DSA must not monetize, exploit, or use such data for any purpose unrelated to the business of D Wealth Small Finance Private Limited.
• This clause remains binding even after the cessation or termination of the DSA’s association with the Company.
   

4.4. Regulatory Compliance (GDPR, CCPA, and Indian Laws)

• While D Wealth Small Finance Private Limited primarily operates under Indian jurisdiction, the DSA acknowledges that the Company voluntarily aligns its data practices with globally accepted standards, including:
  • GDPR (General Data Protection Regulation) – Right to access, rectification, restriction, objection, erasure, and data portability.
  • CCPA (California Consumer Privacy Act) – Right to know, delete, or opt out of data collection (where applicable).
• The DSA shall assist the Company, wherever required, in fulfilling user rights and requests under these frameworks, particularly in responding to customers’ data-related queries or complaints.

4.5. Special Protection of Minor Data (Children under 13 Years)

• The DSA is expressly prohibited from collecting or submitting loan referrals or KYC data of children under the age of 13 years without verified consent from a legal guardian and prior written approval from the Company.
• If such data is accidentally collected, it must be immediately reported and deleted in accordance with the Company’s data handling protocols.
   

4.6. Reporting Obligations

• In case of any accidental data breach, unauthorized disclosure, or suspicion of data misuse, the DSA shall notify the Company’s Data Protection Officer or Compliance Head within 24 hours of becoming aware of such incident.
• Failure to report such incidents may be construed as an act of willful concealment, attracting appropriate legal and contractual consequences.
   

4.7. Consequences of Non-Compliance

Any violation of the Company’s Privacy Policy or this clause may result in the following actions by D Wealth Small Finance Private Limited:

• Immediate termination of the DSA’s empanelment without notice.
• Blacklisting from any future association or referral opportunity.
• Legal proceedings under the Information Technology Act, 2000, the Indian Penal Code, and other applicable laws.
• Claims for monetary compensation in case of reputational, financial, or legal damage to the Company due to such violation.
   

5. Declaration of Information Authenticity

 The Direct Selling Agent (DSA) hereby solemnly declares and affirms the following with regard to the authenticity, accuracy, and integrity of the information, documents, and representations made while referring any loan applicant to D Wealth Small Finance Private Limited (“the Company”): 

5.1. Submission of Genuine, True, and Verifiable Information

• The DSA certifies that all data, personal information, loan application details, Know Your Customer (KYC) documents, and supporting materials submitted to the Company in relation to any referred borrower, co-borrower(s), or guarantor(s) are:
  • Authentic and factually accurate, without any falsification, concealment, or manipulation.
  • Genuinely obtained from the customer(s) and verified to the best of the DSA’s professional capacity.
  • Not derived from any unreliable or unauthorized source, nor submitted without the applicant's express consent.
     

5.2. Prohibition on Document Fabrication or Misrepresentation

• The DSA affirms that no document submitted to D Wealth Small Finance Private Limited has been:
  • Fabricated, doctored, or digitally altered to misrepresent facts.
  • Forged to create false identities, inflate income details, or manipulate financial standing.
  • Issued under false pretense, such as back-dated certificates, fictitious addresses, or duplicate PANs/Aadhaar numbers.
• Any intentional submission of incorrect, misleading, or fictitious data by the DSA shall be deemed a material breach of this agreement and may attract criminal prosecution under the Indian Penal Code, IT Act, and other applicable laws.
   

5.3. Prior Training and Familiarity with Company Policies

• The DSA declares that they have:
  • Undergone appropriate orientation, training sessions, or received official material from D Wealth Small Finance Private Limited concerning its loan products, eligibility conditions, risk evaluation standards, and documentation protocols.
  • Adequate understanding of the underwriting parameters, acceptable KYC norms, and due diligence requirements laid down by the Company or its lending partners.
  • Referred the customer only after ensuring preliminary alignment with Company policies and lending eligibility.
     

5.4. Preliminary Background Checks and Basic Verification

• The DSA confirms that before referring any loan applicant to the Company, they have conducted basic due diligence including but not limited to:
  • Verifying the identity, address, income source, and occupation of the borrower and co-borrowers.
  • Assessing the repayment capacity, credit behavior, and intent of the borrower through primary discussion and on-site verification wherever applicable.
  • Confirming that the borrower is not blacklisted, overleveraged, involved in fraudulent practices, or acting as a front for someone else.
  • Ensuring the borrower has disclosed the existence of any other active loans, court cases, or default history. 

This background verification is considered essential for upholding the credibility of referrals and maintaining the Company’s asset quality.

5.5. Ongoing Obligation of Accuracy

• The DSA agrees that the obligation to maintain truthful disclosures and transparency in submissions shall be continuing in nature and shall extend throughout the lifecycle of the loan — from initial application to final disbursement and servicing.
• If at any stage the DSA becomes aware of any misrepresentation, concealment, or false documentation associated with a referral, it is the DSA’s duty to report such findings immediately to the Company in writing.
   

5.6. Company’s Rights and Remedies

In case of any deviation from this declaration, D Wealth Small Finance Private Limited shall have the full right to:

• Reject or cancel the referred loan application without assigning further reasons.
• Blacklist or permanently terminate the DSA from all future engagements.
• Seek damages or initiate legal proceedings for fraud, misrepresentation, or causing reputational loss.
• Lodge a formal complaint under Sections 417, 420, and 468 of IPC (Cheating and Forgery) and under the Information Technology Act, 2000 for document manipulation.
   

5.7. Legal Binding and Affirmation

• This declaration is made under the provisions of the Indian Contract Act, 1872 and relevant provisions of law governing financial integrity and anti-fraud practices.
• The DSA affirms that they have read and understood this declaration in both English and/or their vernacular language, and they undertake full responsibility for its compliance.
   

6. Indemnity and Legal Protection

 The Direct Selling Agent (DSA), by accepting these Terms and Conditions and entering into any professional association with D Wealth Small Finance Private Limited (“the Company”), unconditionally agrees to the following indemnity and legal responsibility clauses:

6.1. Scope of Indemnification

The DSA shall indemnify, defend, and hold harmless D Wealth Small Finance Private Limited, its directors, officers, employees, group companies, affiliates, authorized agents, legal representatives, and successors from and against any and all:

• Losses, damages, costs, penalties, or fines;
• Claims, liabilities, demands, actions, or legal proceedings (civil or criminal);
• Third-party claims, including those by customers, regulators, statutory authorities, or competitors;
• Expenses, including reasonable legal fees and court costs, 

arising directly or indirectly out of any act, omission, or default on the part of the DSA during the course of, or in connection with, the referral and loan facilitation process.

6.2. Specific Events Requiring Indemnity

The indemnification obligation of the DSA shall specifically apply, but not be limited to, the following situations:

a) Breach of Terms and Conditions

• Any violation or non-compliance of the provisions stated in the DSA agreement, onboarding policy, or referral guidelines issued by the Company.
• Any false declaration or misrepresentation made in violation of these terms.

b) Violation of Applicable Laws

• Contravention of the Information Technology Act, 2000, Prevention of Corruption Act, 1988, Indian Penal Code, or any other central/state laws, rules, or circulars relevant to financial services and digital communication.
• Failure to comply with RBI guidelines, KYC/AML norms, or fair lending practices.

c) Data Privacy and Cybersecurity Breaches

• Unauthorized disclosure, leakage, sharing, or sale of customer data to third parties.
• Negligence in securing digital systems used to transmit, store, or process confidential information.
• Use of unverified channels for document exchange, leading to phishing, impersonation, or hacking incidents.

d) Misconduct, Fraud, or Manipulation

• Forgery, fabrication, or submission of fake/altered documents.
• Misguidance of customers, verbal or written misrepresentation of Company policies or product features.
• Coercion or misleading tactics used to obtain signatures, collect documents, or receive advance fees from customers.
   

6.3. Company’s Right to Recover Losses

• The Company shall have the absolute and unilateral right to deduct any costs, penalties, or damages from the DSA’s payable incentives, fees, or commissions due at the time of breach.
• In case the payable amounts are insufficient, the DSA agrees to compensate the Company within 15 working days of issuance of a formal demand notice.
• If necessary, the Company may initiate civil or criminal legal action to recover dues, enforce penalties, or claim damages as per applicable Indian laws.
   

6.4. Legal Standing of Indemnity

• This indemnity obligation shall be binding regardless of the DSA’s status as active, suspended, or terminated.
• It shall remain in full force even after the discontinuation of the business relationship between the DSA and the Company.
• The clause shall be enforceable under the Indian Contract Act, 1872, and other applicable laws.
   

6.5. No Limitation on Rights and Remedies

• The rights and remedies of the Company under this indemnity clause are in addition to and not in substitution of any other rights available under statute, equity, or contract law.
• The exercise of one remedy by the Company shall not constitute a waiver of any other right or remedy it may have against the DSA.
   

6.6. Declaration and Undertaking

The DSA hereby acknowledges:

• That they fully understand the nature and extent of this indemnity obligation, and have read the clause in English and/or vernacular language.
• That this indemnity has been made freely and voluntarily without coercion, and shall survive the term of their association with D Wealth Small Finance Private Limited.
  

7. Final Declaration

 By acting in the capacity of a Direct Selling Agent (DSA) for D Wealth Small Finance Private Limited (hereinafter referred to as “the Company”), the DSA hereby provides the following binding declaration, which shall be enforceable under applicable Indian laws: 

 7.1. Affirmation of Full Understanding and Agreement

The DSA solemnly affirms that:

• They have read, understood, and fully accepted the complete Terms and Conditions as outlined by the Company for the conduct and governance of all DSA-related activities.
• These Terms and Conditions shall be read in conjunction with the Business Sourcing Agreement executed between the DSA and the Company. The DSA agrees to strictly adhere to all clauses of the Business Sourcing Agreement and confirms that no activity, communication, or representation made by the DSA shall override, contradict, or surpass any clause within the said agreement.
• The DSA accepts that these Terms and Conditions, along with the Business Sourcing Agreement, together form the comprehensive framework of rights, responsibilities, limitations, and expectations governing their relationship with the Company.
   

7.2. Confirmation of Linguistic and Legal Comprehension

The DSA further confirms that:

• These Terms and Conditions, and the Business Sourcing Agreement, have been provided to the DSA in English and/or their vernacular language for better clarity.
• The DSA has fully understood the legal significance, enforceability, and consequences of each clause.
• The DSA had the opportunity to seek independent legal, financial, or compliance advice, and is entering this declaration voluntarily and without any coercion.
   

7.3. Consequences of Breach or Misconduct

The DSA acknowledges and accepts that any breach, misrepresentation, non-compliance, or fraudulent conduct—whether with respect to these Terms and Conditions or the Business Sourcing Agreement—shall result in strict punitive action by the Company, including but not limited to:

• Immediate termination of the DSA’s empanelment without notice or compensation;
• Permanent blacklisting from the Company’s channel partner ecosystem and from its associated entities;
• Forfeiture of unpaid incentives, commissions, or reimbursements;
• Initiation of civil or criminal proceedings, as may be appropriate, under Indian laws including but not limited to the Indian Penal Code (IPC), the Information Technology Act, 2000, the Prevention of Corruption Act, 1988, and the Consumer Protection Act, 2019.

The Company shall also reserve the right to report such violations to applicable regulatory authorities, lenders, law enforcement, or professional bodies as necessary.

7.4. Continuing Obligation and Survival of Terms

• The DSA agrees that this Final Declaration shall be binding from the date of onboarding and shall remain in force for the entire duration of the relationship, and shall also survive termination, to the extent required by law or by the Company’s internal policies.
• The obligations stated herein shall also apply retrospectively to any transactions, referrals, or communications made by the DSA prior to the formal execution of the Business Sourcing Agreement, where the DSA was acting or presenting as an agent or representative of D Wealth Small Finance Private Limited.
   

7.5. Legal Enforceability and Jurisdiction

• This declaration and the Terms and Conditions referenced herein are legally enforceable and form part of the binding understanding between the parties.
• The DSA affirms that any dispute arising out of this declaration shall be subject to the exclusive jurisdiction of courts located in Delhi, India and governed by the laws of the Republic of India.
   

Contact for Queries:
📧 Email: customercare@dwsfinance.com

📧 Email: manoj@dwsfinance.com