@if(isset($user['co_applicant_name']) && $user['co_applicant_name'] == '') @endif
@if($pdf == 1)
@else
@endif
Key Fact Statement
@if(isset($signed_data[0])) @else @endif @if($user['merchant_id'] == 143) @else @endif upfront_from_credit_fair - $user['consumer_emi']->processing_fee); ?> @if(isset($user['loan_schedule']) && $user['loan_schedule'] != '') @if(isset($user['loan_schedule']['schedule'][0])) upfront_from_customer; $principal_amount = 0; $subvention = 0; $total_interest = 0; $total_subvention = 0; ?> @foreach($user['loan_schedule']['schedule'] as $key=>$loan_schedule) 0) { $principal = ($principal_amount + $user['consumer_emi']->upfront_from_customer) - $subvention; } else { $principal = $principal_amount + $user['consumer_emi']->upfront_from_customer; } ?> @endforeach @endif @endif insurance_premium_applicable) && $user['proFormaInvoice']->insurance_premium_applicable == 1) { $amountAB += $user['proFormaInvoice']->insurance_premium_amount; } $amountAmtV = $user['consumer_emi']->processing_fee + $user['consumer_emi']->upfront_from_customer + $amountAB; if ($user['is_gst_applicable'] == 0) { $amountAmtV += $subvention; } $amtV = ($user['loan_amount'] - $amountAmtV); $aprrate = round(\MathPHP\Finance::rate($user['consumer_emi']->remaining_emi, $user['consumer_emi']->emi, -$amtV, 0) * 100 * 12, 2); if ($aprrate < 0) { $aprrate = 0; } // below condition is for NAN return by finance function if(is_nan($aprrate)){ $aprrate = 0; } ?> @if($user['consumer_emi']->upfront_from_customer) @endif $id])); $interest_rate_reducing = $avanseProcesses->flatBalanceToReducingById($id); ?> 'Flat Balance Amount (Annualized)', 2 => 'Reducing', 3 => 'Flat Fixed Amount (Annualized)',4 => 'Flat (Non-Annualized)']; ?> {{-- @if($user['consumer_emi']->processing_fee) @endif--}} @if(isset($user['proFormaInvoice']->insurance_premium_applicable) && $user['proFormaInvoice']->insurance_premium_applicable == 1) @endif approved_amount - ($user['consumer_emi']->upfront_from_customer); if ($user['is_gst_applicable'] == 0 && $loan_schedule['subvention']) { $netDisb -= $total_subvention; } ?> processing_fee) { $amountCB += $user['consumer_emi']->processing_fee; } ?> 12, 2 => 24, 3 => 52, 4 => 365, 5 => 4, 6 => 2, 7 => 1]; $frequecy_multiplier = ($user['frequency'] > 0) ? $payment_frequency_offer[$user['frequency']] : 12; ?> = 7){ $cool_off = 4; }else{ $cool_off = 1; } ?> @if($pdf == 1)
Sr.No. Particulars Details
{!! $index++ !!}. Agreement Number {!! $user['application_id']!!}
{!! $index++ !!}. Loan application date {!! date('d-m-Y',strtotime($user['loan_application_date'])) !!}
{!! $index++ !!}. Loan Agreement date{!! date('d-m-Y',strtotime($signed_data[0]['click_time'])) !!} {!! date('d-m-Y',strtotime($user['date_of_reference'])) !!}
{!! $index++ !!}. Details of the P2P Platform {!! $lender['name'] !!}
{!! $index++ !!}. Name of the Borrower @if(isset($user['co_applicant_name']) && $user['co_applicant_name'] != '')

Name of the Co-Borrower

@endif
{!! $user['customer_name'] !!} @if(isset($user['co_applicant_name']) && $user['co_applicant_name'] != '')

Co-Borrower: {!! $user['co_applicant_name'] !!}

@endif
{!! $index++ !!}. Purpose of the loanEducation Loan{!! $user['purpose_of_the_loan'] !!}
{!! $index++ !!}. (i) Transaction Amount ₹ {!! money_format('%!i',$user['consumer_emi']->approved_amount) !!}/- (Rupees {!! \App\Http\Controllers\Admin\ConsumerDocument::convertAmountToWords($user['consumer_emi']->approved_amount) !!} )
{!! $index++ !!}. (ii) Down Payment ₹ {!! money_format('%!i',$user['consumer_emi']->upfront_from_customer) !!} /- (Rupees {!! \App\Http\Controllers\Admin\ConsumerDocument::convertAmountToWords($user['consumer_emi']->upfront_from_customer) !!} )
{!! $index++ !!}. (iii) Loan amount (amount disbursed/to be disbursed to the borrower) @if($user['consumer_emi']->upfront_from_customer) (i) - (ii) @endif ₹ {!! money_format('%!i',($user['consumer_emi']->approved_amount - $user['consumer_emi']->upfront_from_customer)) !!} /- (Rupees {!! \App\Http\Controllers\Admin\ConsumerDocument::convertAmountToWords($user['consumer_emi']->approved_amount - $user['consumer_emi']->upfront_from_customer) !!} )
{!! $index++ !!}. (iv) Total interest charge during the entire tenor of the loan ₹ {!! money_format('%!i',$total_interest) !!}/- (Rupees {!! \App\Http\Controllers\Admin\ConsumerDocument::convertAmountToWords($total_interest) !!} )
{!! $index++ !!}. (v) Rate of Interest {!! $interest_rate_reducing !!} % / (Reducing balance rate)
{!! $index !!}. (a) Processing fee (including GST) ₹ {!! money_format('%!i',$user['consumer_emi']->processing_fee) !!}
{!! $index++ !!} (v) Other up-front charges, if any (break-up of each component to be given below) (a + b) ₹ {!! money_format('%!i',$amountAB) !!}
{!! $index++ !!}. (b) Insurance Premium ₹ {!! money_format('%!i',$user['proFormaInvoice']->insurance_premium_amount) !!}
{!! $index++ !!}. (vi) Net disbursed amount @if($user['merchant_processing_collected'] == 1) (iii) @endif ₹ {!! money_format('%!i',($netDisb)) !!}/- (Rupees {!! \App\Http\Controllers\Admin\ConsumerDocument::convertAmountToWords($netDisb) !!} )
{!! $index++ !!}. (vii) Processing fees (including GST), if any ₹ {!! number_format($user['consumer_emi']->processing_fee) !!}/- (Rupees {!! \App\Http\Controllers\Admin\ConsumerDocument::convertAmountToWords($user['consumer_emi']->processing_fee) !!} )
{!! $index++ !!}. Total amount to be paid by the borrower (iv) insurance_premium_applicable) && $user['proFormaInvoice']->insurance_premium_applicable == 1) { ?> + (v) + (vi) processing_fee){ ?>+ (vii) ₹ {!! number_format(($amountCB)) !!}/- (Rupees {!! \App\Http\Controllers\Admin\ConsumerDocument::convertAmountToWords(($amountCB)) !!} )
{!! $index++ !!}. Annual Percentage Rate - Effective annualized interest rate {!! $aprrate !!}%
{!! $index++ !!}. Amount of each instalment of repayment ₹ {!! number_format($user['consumer_emi']->emi) !!}/- (Rupees {!! \App\Http\Controllers\Admin\ConsumerDocument::convertAmountToWords($user['consumer_emi']->emi) !!} )
{!! $index++ !!}. Installment due date @php $emiDate = date('d', strtotime($user['consumer_emi']->emi_date)); @endphp @if ($emiDate == '05') 5th of every month @elseif ($emiDate == '18') 18th of every month @else {!! date('Y-m-d', strtotime($user['consumer_emi']->emi_date)) !!} @endif
{!! $index++ !!}. Tenor of the Loan (in months/days) {!! $user['consumer_emi']->tenure !!} months
{!! $index++ !!}. Repayment frequency by the borrower Monthly
{!! $index++ !!}. Number of instalments of repayment {!! $user['consumer_emi']->remaining_emi !!} Installments
{!! $index++ !!}. Prepayment charges Zero
Details about Contingent Charges
{!! $index++ !!}. Rate of annualized penal charges in case of delayed payments (if any) 0.15% per day on outstanding amount
{!! $index++ !!}. Late Payments /Cheque /ECS /NACH dishonoured charges ₹ 300/- per late payment OR dishonor of cheque/ECS/NACH per presentation. Two successive cheque bounces/ auto debit failure will lead to loan recall notice being issued
Other disclosures
{!! $index++ !!}. Cooling off/look-up period during which borrower shall not be charged any penalty on prepayment of loan {!! $cool_off !!} days
@else
@endif
@if($user['purpose_of_the_loan'] == "Personal Loan") @else @endif @if($user['purpose_of_the_loan'] != "Personal Loan") @endif
{!! $index++ !!}. Details of LSP acting as recovery agent and authorized to approach the borrower https://creditfair.in/list-of-lsp
{!! $index++ !!}. Name, Designation, Address and Phone number of nodal grievance redressal officer designated by LSP for lending related complaints/ issues Name: Shraddha Mandlik
Designation: Grievance Redressal Officer
Address: Grievance Redressal Officer Credit Fair
(K. M. GLOBAL Credit PRIVATE LIMITED)
6A, 6th Floor, Corporate Centre, Andheri Kurla Road,
Near JB Nagar Metro Station, Andheri East, Mumbai 400059
Telephone no.: +91 9137504870
E-mail ID.: grievance@creditfair.in
https://creditfair.in/grievance-policy
{!! $index++ !!}. Name, Designation, Address and Phone number of nodal grievance redressal officer designated specifically to deal with FinTech/ digital lending related complaints/ issues Name - Maria Nadar
Designation - Grievance Redressal Officer
Email Id - grievance@creditfaircapital.in
Telephone - 8097400463
Address - K.M. Global P2P Finance Pvt Ltd.,
Surya Mahal 4th Floor,
5 Burjorji Bharucha Marg
Mumbai-400001
{!! $index++ !!}. Details of the Lender Lender Group: {!! $id !!}
{!! $index++ !!}. Undated Cheques & Cash Collection We are collecting 2 undated cheques. One of Loan Amount & one Security Cheque of EMI Amount. Unused cheques will be shredded at our end after successful repayment of the loan. Any cash collection would include additional Rs 400 per pick up.
{!! $index++ !!}. Details of the Merchant Name: {!! $user['customer_name'] !!}
Address: {!! $user['address'] !!}
Name: @if(isset($user['official_merchant_name']) && $user['official_merchant_name']) [{!! $user['official_merchant_name'] !!} ] @endif @if(isset($user['merchant_name']) && $user['merchant_name']) ({!! $user['merchant_name'] !!}) @endif
Address: {!! $user['merchant_address'] !!}
{!! $index++ !!}. General Terms and Conditions General Terms and Conditions registered on the {!! date('d/m/Y',strtotime($lender['registaration_date'])) !!} with the SubRegistrar of Assurances {!! $lender['SubRegistrar'] !!}, Vide registration no. {!! $lender['vide_registration'] !!} in Book No. - Vol. No. -from pages {!! $lender['firstpage'] !!} to {!! $lender['lastpage'] !!} will be applicable for the Loan availed by the Borrower. The same shall form part and parcel of this Most Important Document https://creditfaircapital.in/privacy-policy
{!! $index++ !!}. Merchant Refunds & Loan Cancellations In case of a return of a purchase to a merchant, a cancellation charge of 1.4% per month on outstanding principal would be payable.
@if($pdf==1)
@else
@endif upfront_from_customer); $annualized_interest_rate = round(((($repayable - $principal) / $principal) * ($frequecy_multiplier / $user['consumer_emi']->remaining_emi)) * 100, 2); ?> @if($pdf == 1)
@else
@endif
INDICATIVE REPAYMENT SCHEDULE
(Final/revised repayment schedule will be shared with welcome letter)
@if(isset($user['loan_schedule']) && $user['loan_schedule'] != '') @if(isset($user['loan_schedule']['schedule'][0])) @foreach($user['loan_schedule']['schedule'] as $key=>$loan_schedule) @if($pdf == 1) @if($key == 27)
No. of Installment Repayment Date Installment Amount (₹) Principal Payable (₹) Total Interest(₹) Foreclosure Amount(₹)
Down Payment ₹{!! money_format('%!i',$user['consumer_emi']->upfront_from_customer) !!} NA NA NA
@endif @else
@endif
@if(isset($user['merchant_offer']->processing_fee_first_emi) && $user['merchant_offer']->processing_fee_first_emi && $key == 1 && $user['consumer_emi']->processing_fee) @else @endif @if($user['consumer_emi']->interest_rate > 0) @if($user['is_gst_applicable'] == 0) @else @endif @else @if($user['is_gst_applicable']) @else @endif @endif @endforeach @endif @endif
@if($key >=4) {!! $key !!} th @elseif($key == 1) {!! $key !!} st @elseif($key == 2) {!! $key !!} nd @elseif($key == 3) {!! $key !!} rd @endif Installment {!! date('d F, Y',strtotime($loan_schedule['emi_date'])) !!} ₹{!! money_format('%!i',round($loan_schedule['amount'] + $user['consumer_emi']->processing_fee ,2)) !!} ₹{!! money_format('%!i',round($loan_schedule['amount'],2)) !!} ₹{!! money_format('%!i',round(($loan_schedule['amount'] - $interest_payable),2)) !!} ₹{!! money_format('%!i',round(($interest_payable),2)) !!} ₹{!! money_format('%!i',round(($interest_payable),2)) !!}₹{!! money_format('%!i',round(($loan_schedule['amount']),2)) !!} ₹0₹{!! money_format('%!i',round(($loan_schedule['amount'] - $interest_payable),2)) !!} ₹{!! money_format('%!i',round($loan_schedule['subvention'],2)) !!} ₹{!! money_format('%!i',round($loan_schedule['fore_closure_amount'],2)) !!}
Total Repayable ₹ {!! money_format('%!i',($repayable + $user['consumer_emi']->upfront_from_customer)) !!}

@if($user['is_gst_applicable'] == 0 && $subvention > 0)

* {!! $annualized_interest_rate !!}% Flat rate OR {!! round(($user['loan_schedule']['summary']['annualised_irr'])) !!} % reducing balance rate

@elseif($user['consumer_emi']->interest_type_id != 2)

* {!! $user['consumer_emi']->interest_rate !!} % @if($user['consumer_emi']->interest_type_id != 4) p.a. @endif @if($user['consumer_emi']->interest_type_id == 4 && $user['consumer_emi']->interest_rate > 0) (Annualised Rate - {!! round(($user['consumer_emi']->interest_rate/$user['consumer_emi']->remaining_emi)*$frequecy_multiplier,2) !!} %)@endif @if($user['consumer_emi']->interest_type_id == 1) (Flat Balance Amount) @elseif($user['consumer_emi']->interest_type_id == 2) (Reducing) @elseif($user['consumer_emi']->interest_type_id == 3) (Flat Fixed Amount) @else Flat rate @endif OR {!! round($user['loan_schedule']['summary']['annualised_interest'],2) !!} % reducing balance rate

@endif
@if($pdf == 1)
@else
@endif
LOAN AGREEMENT

GENERAL TERMS AND CONDITIONS (T&C)

AS APPLICABLE TO UNSECURED LOAN FACILITIES OF

[{!! $lender['name'] !!}]

Registered on the [{!! date('d/m/Y',strtotime($lender['registaration_date'])) !!}] with the Sub-Registrar of Assurances [{!! $lender['SubRegistrar'] !!}], Vide registration no. [{!! $lender['vide_registration'] !!}] in Book No. [-], Vol. No. [-] from pages [{!! $lender['firstpage'] !!}] to [{!! $lender['lastpage'] !!}].
INTRODUCTION

This Loan Agreement ("Agreement") is executed at Mumbai on this the day of ,

BETWEEN

The lender group ( ) is a group of individual and/or institution (hereinafter individually referred to as “Lender” and collectively referred to as the “Lenders”)

AND
a company incorporated under the provisions of the Companies Act, 2013 with corporate identity number U65990MH2020PTC339970 (hereinafter referred to as “P2P Platform”)
AND

Borrower name, hereinafter referred to as “the Borrower.”

The Lender, Borrower and the P2P Platform are, wherever the context so requires, hereinafter collectively referred to as the ‘Parties’ and individually as ‘Party’
A. WHEREAS, the Lender and the Borrower have come across each other for lending and borrowing unsecured loans through online Peer-To-Peer (P2P) Lending platform provided by the P2P Platform, having website as https://p2p.creditfaircapital.in.
B. The Borrower is desirous of availing a loan of an aggregate amount of INR /- (in Rupees) () from the Lender for the purpose of Personal Loan
C. At the request of the Borrower and relying on representations and warranties, and agreement undertaken by the Borrower and subject to the terms and conditions contained herein, each of the individuals and/or institutions captured under Lender Group (XYZ7890) hereby agrees to lend their proportion of the Loan Amount to the Borrower as captured in the information technology system of P2P Platform and the Borrower agrees to borrow from the Lender Group (XYZ7890) the Loan Amount
D. WHEREAS, Lender desires for the P2P Platform to mobilize the repayment amounts received from the Borrower to the P2P Platform’s bank account and provided other services as detailed in this agreement and P2P Platform desires to provide such services, in accordance with the terms and conditions set forth in this Agreement.
SCOPE OF SERVICES OF P2P Platform
Each of the Lender has electronically authorized the P2P Platform to undertake the following activities on its behalf:
(a) To facilitate mobilization of repayment amounts received from the Borrower account to P2P Platform’s account.
(b) To initiate legal action against the Borrower in case of default in payment or non- payment by the Borrower for more than 30 days as and when need arises and on such fees as may be mutually agreed between the Collection P2P Platform and the Lender. For avoidance of doubt, it is hereby clarified that the services provided by the P2P Platform under this Agreement are limited to point (a) and point (b) above, and under no circumstances P2P Platform will be responsible for collection of money and/or towards payment of any EMI or delay or penal charges on behalf of Borrower. The Lender and Borrower agree, understand and acknowledge that payment of any EMI or delay or penal charges is always the sole responsibility of the Borrower.
(c) The Lender shall deposit the amount in the unique virtual escrow account being operated by P2P Platform details of which have been provided to the Lender.
JOINT AGREEMENT OF THE LENDER & THE BORROWER
(a) The Parties do hereby agree with each other that K. M. Global P2P Finance Private Limited has only facilitated their virtual meeting and as such K. M. Global P2P Finance Private Limited is not obliged under this Loan Agreement. The Loan Agreement has been executed on a principal-to-principal basis between the two Parties. However, it is clarified that in case if the need so arises, any of the Parties may approach K. M. Global P2P Finance Private Limited and duly authorize. K. M. Global P2P Finance Private Limited in writing to take necessary steps for the full and faithful compliance of this Loan Agreement by the other party and in such an event, the defaulting party shall not be entitled to take any objections in respect thereof.
(b) That the information, representations, and warranties furnished by the Parties from time to time on the website of K. M. Global P2P Finance Private Limited and as mentioned in this Loan Agreement are true and correct and as such no part of the information, representations and warranties furnished by the Parties are incorrect.
(c) That the Parties have read and understood all the terms and conditions, privacy policy and other material available on the website of K. M. Global P2P Finance Private Limited and do hereby agree and undertake to unconditionally abide by the same, without raising any defense of whatsoever nature in respect thereof.
DEFINITIONS AND REFERENCE TERMS
The following words/expressions shall carry the meaning ascribed to them throughout the Terms and Conditions unless otherwise stated.
@if($pdf == 1)
A. "Application Form" means the application form as prescribed by the P2P Platform from time to time and filled in by the Borrower/s to avail the Loan.
B. "Applicant/s" or "Borrower/s" or "Co-Borrower/s" means any Person, whose Application Form either as Borrower or Co-Borrower, has been processed according to the prescribed Eligibility Criteria and to whom the Loan has been sanctioned and/or for whose benefit the Loan Amount has been paid to the Merchant's Account by the P2P Platform. The expressions namely "Applicant/s" or "Borrower/s" or "Co-Borrower/s", shall include his/her/their heirs, executors, administrators and legal representatives respectively.
C. "Approved Bank" means a designated bank approved by the P2P Platform for the purposes related to the Loan.
D. "Co-Borrower/s" means any Person named and described as Co-Borrower in the Application Form and shall include his/her/their heirs, executors, administrators and legal representatives respectively.
E. "Late Payment Fees" shall mean the additional amount payable by the Borrower/s to the P2P Platform on account of any delay in payment of any Installment and provided for in the Sanction Letter and the Most Important Document and/or intimated to the Borrower/s from time to time.
F. "Demand Promissory Note" means the Demand Promissory Note in the format prescribed by the P2P Platform, to be executed by the Borrower/s jointly or severally, to secure repayment of the Loan given to the Borrower/s individually and/or in a group.
G. "Eligibility Criteria" means the minimum eligibility criteria set forth by the P2P Platform to judge the credit worthiness of an Applicant/s, which is subject to change from time to time, at the sole and absolute discretion of the P2P Platform.
H. "Fee" means the aggregate amount payable by the Borrower/s to the P2P Platform, as per the details provided in the Application Form, towards the servicing fee, loan processing fee, the registration fee, penal interest, foreclosure charges and such other details provided in the Application Form.
@endif
I. "Installments" means the principal, Fee and interest therein payable at specific intervals, as per terms of the Sanction Letter/Most Important Document during the tenor of the Loan, towards repayment of the Outstanding Balance.
J. "KYC" means the Know Your Customer Policy adopted by the P2P Platform as may be amended from time to time and the extant guidelines issued by the Reserve Bank of India or any relevant regulatory authority.
K. "Loan" means the loan sanctioned and / or disbursed to the Borrower or disbursed to the Merchant's Account by the P2P Platform pursuant to the acceptance of a duly filled in Application Form and issuance of Sanction Letter.
L. "Loan Documents" means these Terms and Conditions, any and all Application Forms, Demand Promissory Note, Most Important Document and all other documents, instruments, certificates and agreements executed and/or delivered by the Borrower/s or any third party in connection with Loan in favour of the P2P Platform as per terms of the Sanction Letter.
M. "Merchant" shall mean the merchant to whom the Loan shall be disbursed by the P2P Platform for the benefit of the Borrower the details of whom shall be provided in the Sanction Letter and the Most Important Document.
N. "Most Important Document" means the document that includes the key terms of the loan sanctioned to the Borrower/s, in the way clearly understood by the Borrower/s and submitted to the P2P Platform.
O. "Outstanding Balance" means the balance of the Loan outstanding along with all amounts payable by the Borrower/s to the P2P Platform including principal amount, interest, costs, Fee, charges, expenses, etc.
P. "Payment" means the payment towards installments or charges, i.e., principal, interest, default interest or charges (applicable as per terms of the Sanction Letter) in respect of the Loan through any mode as approved by the P2P Platform.
Q. "Person" shall mean any individual, corporation, partnership, (including, without limitation, association), company under the purview of Companies Act, 2013, trust, unincorporated organization, Hindu undivided family or any Governmental Authority or political subdivision thereof. The expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include (i) in case of a company, its successors and permitted assigns; (ii) in case of a partnership firm, the partners for the time being and from time to time of the partnership firm, their survivor or survivors of them, their respective heirs, administrators, executors, legal representatives and successors of the partner(s); (iii) in case of a trust, the trustee or trustees of the trust for the time being and from time to time; (iv) in case of a Hindu undivided family, the Karta and the members for the time being and from time to time of the said Hindu undivided family and their respective heirs, executors, administrators and assigns; (v) in case of an individual proprietor, the proprietor's heirs, administrators, executors and legal representatives; (vi) in case of an individual, the individual's heirs, administrators, executors and legal representatives;
R. "Pre-Payment" means the payment of the entire Loan including the Rate of Interest, Fee, and other charges, according to the procedure prescribed in Article 5 of these Terms and Conditions, through any mode as approved by the P2P Platform
S. "Rate of Interest" or "Interest" means the rate at which interest on the Loan is payable by the Borrower/s to the P2P Platform and mentioned in the Application Form/ Sanction Letter, as amended from time to time with prior intimation to the Borrower/s.
T. "Repayment Instruments" means Post Dated Cheques ("PDC"), Electronic Clearance Service ("ECS") and/or National Automated Clearing House Mandate ("NACH") or Standing Instructions("SI") means the debit clearing service notified by the Reserve Bank of India or National Payment Corporation and for which the Borrower/s has/have agreed (in writing) to participate in for facilitating payment of Installments or Interest.
U. "Receipt" means the receipt issued by the Borrower in favour of the P2P Platform in the form prescribed by the P2P Platform for acknowledgment of disbursal of the Loan or a part thereof.
V. "Sanction Letter" means the letter issued by the P2P Platform sanctioning the Loan along with the relevant particulars, terms & conditions mentioned in the same.
W. "Scheduled Due Date" means each of the date/s on which the Loan and / or Installments together with any other costs, charges, Fee, and expenses if any, are due and payable by the Borrower to the P2P Platform
X. "Standing Instructions" and/or "SI" means the written instructions issued by the Borrower/s to the Bank where the Borrower/s maintain/s an account, to debit an amount equal to the Installments, in favour of the P2P Platform for repayment of the Loan.
Y. "Terms and Conditions" or "Terms" mean the Terms and Conditions as contained hereunder, including all covenants, representations, and schedules.
ARTICLE 1
LOAN, RATE OF INTEREST, TAXES ETC.

1.1 Loan

(a) The Loan provided by the P2P Platform shall be the amount stated in the Sanction Letter which shall be strictly in accordance with the Terms and Conditions mentioned herein below and in other documents executed by the Borrower/s
(b) The Loan may be disbursed by the P2P Platform in one lump sum or such installments as may beagreed / decided by the P2P Platform and requested by the Borrower.
(c) The P2P Platform may require the Borrower(s) and Merchant to acknowledge the Receipt of Loan in such form satisfactory to the P2P Platform in respect of each amount so disbursed.

1.2 Terms of Disbursement and draw downs

(a) Subject to the terms and conditions set forth herein and in the other Loan Documents, the P2P Platform agrees that the P2P Platform shall extend the Loan to the Borrower up to an aggregate of the principal amount as specified in the Loan Sanction Letter and shall disburse the Loan Amount in the Merchants Account (defined below).
(b) The Borrower shall utilize the Loan only for the specific purpose as stated in the Loan Documents, and for no other reason or purpose whatsoever.
(c) The Borrower hereby unconditionally and irrevocably consents that the Loan shall be disbursed to the Merchants account no details of which shall be provided in the Most Important Document executed by the Borrower ("Merchants Account") for the benefit of the Borrower.

1.3 Rate of Interest

(a) The P2P Platform shall be entitled to revise the Rate of Interest at any time and from time to time as per its policy and/or applicable laws and regulations, if any, during the tenor of the Loan at its discretion. The P2P Platform shall inform the Borrower/s about the variation in the Rate of Interest in due course. Upon revision of the Rate of Interest, either the amount of unpaid Installments may be re-computed or the number of Installments may be increased or decreased, as the case may be, in such a manner that the amount of Loan and interest thereon outstanding on the date of revision of the Rate of Interest is equally distributed through each of the unpaid Installments.
(b) The P2P Platform reserves the right to increase the Rate of Interest, suitably and prospectively, in line with an increase in the P2P Platform's borrowing rate. The P2P Platform shall have the right to re-compute installments if the interest rate is varied.
(c) The Borrower/s shall pay a non-refundable processing fee and/or service charge and/or commission, as specified in the Sanction Letter
(d) The Terms and Conditions entered into between the P2P Platform and the Borrower/s is purely a financial arrangement, and the P2P Platform shall not be liable to the Borrower/s for any liability, claim, loss or expense of any kind caused directly or indirectly to the Borrower/s.

1.4 Direct and Indirect Taxes and Duties

The Borrower shall pay to the P2P Platform any and all taxes, duties or cesses including but not limited to service tax, stamp duty, GST, duties, and/or all other levies and imposts, by whatever name called, payable in relation to the Loan provided by the P2P Platform and/or the services provided pursuant hereto and/or any or all the Loan Documents. The Borrower/s shall reimburse to the P2P Platform any such amount which may become payable or has been paid by the P2P Platform, as and when called upon to do so by the P2P Platform and if the Borrower/s fails to pay/reimburse the same, such amounts paid by the P2P Platform shall form part of the principal amount of the Loan disbursed.

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ARTICLE 2
PAYMENTS
2.1 The Borrower/s shall pay to the P2P Platform all Installments, inclusive of interest, on a monthly basis on the Scheduled Due Date, from the first due date to the last due date as mentioned in the Application Form/Sanction Letter/ Most Important Document /agreements (as may be required by the P2P Platform to its satisfaction), time being the essence of the contract, by issuing Repayment Instrument to the P2P Platform. The Borrower/s shall honor all payments without fail on the first presentation/Scheduled Due Dates, and Borrower/s shall not instruct their bankers to stop payment of the Repayment Instrument.
2.2 The Borrower/s shall also not instruct the P2P Platform to withhold depositing the Repayment Instrument. Any non-presentation/delayed presentation of the Repayment Instrument, due to any reason, will not affect the liability of the Borrower/s to pay the Installments on time. The Borrower/s shall replace the Repayment Instrument if so required by the P2P Platform. The P2P Platform shall be entitled to re-compute the Installments if there is an increase in the Rate of Interest.
2.3 The P2P Platform shall be authorized/allowed to present the appropriate Repayment Instrument in respect of the Installments at any time on or after the due date of such installments. In the event the P2P Platform does not for any reason deposit / present the Repayment Instrument before the expiry of the validity of the Repayment Instrument the Borrower/s shall deliver to the P2P Platform, within 7 (seven) days of a request by the P2P Platform in this regard, a new Repayment Instrument of a like amount.
2.4 If the Borrower/s wish to swap/interchange the Repayment Instrument issued by him/her/it, the Borrower/s may do so on paying the P2P Platform swap charges stipulated in the Sanction Letter and/or Most Important Document /agreement to the satisfaction of the P2P Platform. Any costs, including applicable taxes, incurred in this regard shall be borne by the Borrower/s.
2.5 The Borrower/s shall not dispute the P2P Platform's method of calculating Installments.
2.6 The Borrower/s shall be liable to pay dishonour charges for each Repayment Instrument bounce. In addition to replacing the bounced Repayment Instrument with a demand draft or paying cash in lieu of the bounced Repayment Instrument, the Borrower/s shall also be liable for Late Payment Fees on the outstanding amount from the due dates of the Installments till the date of receipt and/or realization of payment and shall also be liable to reimburse the P2P Platform's costs and expenses, including legal fees, and other collection expenses as per actuals. Nothing contained in this clause shall prejudice the other rights of the P2P Platform in law or otherwise.
2.7 If any of the Repayment Instrument issued by the Borrower/sbounces / returned unpaid and the Borrower/s issue/s another Repayment Instrument in lieu of the bounced / unpaid Repayment Instrument or deposits the amount in cash in respect of such bounce, the P2P Platform shall have the right to retain the bounced Repayment Instrument in its record and/or destroy the same as the P2P Platform may deem fit and proper. The Borrower/s shall not insist and/or demand the return of the said bounced Repayment Instrument under any circumstances.
2.8 The Borrower/s shall intimate, instruct and authorize his / her / itemployer/s to transfer every month from the Borrower/s' salary/emoluments a specific sum (being the Installments) towards the repayment of the Loan, to the P2P Platform. The Borrower/s confirm/s that the P2P Platform shall have the authority to approach the employer/s of the Borrower/s directly for repayment of Installments and/or any other charges/sums due from the Borrower/s to the P2P Platform.
2.9 In the event of foreclosure or closure of the Loan, the P2P Platform shall return the Repayment Instrument, if any, lying with the P2P Platform to the Borrower/s within 30 days' from the date of receipt of a request to return such instruments from the Borrower/s. If the Borrower/s does/do not collect the unutilized Repayment Instrument from the P2P Platform within the said period, the P2P Platform shall have the right to destroy the same, as it may deem fit and proper. The Borrower/s shall not have any right to demand the return of the said Repayment Instrument after the expiry of the said period. The Borrower/s may issue stop payment instructions for all the unutilized Repayment Instrument, post payment of all loan obligations the P2P Platform.
2.10 The Loan shall be repayable by the Borrower/s on demand by the P2P Platform. Notwithstanding specifying / providing a repayment schedule, the P2P Platform shall have the right to be paid on demand the entire Loan along with other dues under the Terms and Conditions specified herein.
2.11 The P2P Platform shall have the first lien on the Borrower/s emoluments and terminal dues from the employer/s and in case the Borrower/s defaults on the Loan, the P2P Platform shall have the first right to collect the entire termination value of the Loan, including principal outstanding, Installment's overdue, Repayment Instrument bounce charges, Delayed Payment Charges and all other expenses incurred by it in the process of recovery, from the amount due to the Borrower/s by the employer/s. the P2P Platform shall, at its discretion, be entitled to call upon the Borrower/s' employers to directly remit the amount of Installments to the P2P Platform. The Borrower/s, if an employee of any entity, shall intimate the employer/s of the Borrower/s' of the Borrower/s' obligations under these Terms and Conditions herein and arrange for such terms to be given effect to by the employer/s.
2.12 The P2P Platform would at its discretion be free to recall the entire Loan, if any information supplied by the Borrower/s regarding income, employment, personal details, or any other information are found to be incorrect or false for any reason whatsoever or if the Borrower/s commits any act/event of default under these Terms and Conditions.
2.13 The Borrower/s shall be jointly and severally liable to the P2P Platform for repayment of the Loan including the Rate of Interest, any other costs, charges, Fee, and expenses.
ARTICLE 3
OTHER CONDITIONS
3.1 The Borrower shall intimate the P2P Platform immediately of any change in the residential / office address, as well as any change in the bank account through which the Borrower/s has/have issued the Repayment Instrument and related instructions.
3.2 The Borrower shall continue to allow salary and / or business proceeds to be deposited in the account from which Repayment Instrument have been issued to the P2P Platform and/or standing instructions have been issued to the P2P Platform for debit from the Borrower/s' account for repayment of Loan and the Borrower/s shall not change the salary account and/or the business and/or profession without the prior written permission of the P2P Platform.
3.3 The Borrower/s shall forthwith intimate any change of employment or status of employment and/or business or profession pursuant to which the P2P Platform shall have the discretion to terminate these Terms and Conditions if it deems fit. Upon change of employment, business and / or profession the Borrower/s shall intimate to the P2P Platform the name and address of the new employer, business and/or profession and also forthwith make arrangement for his/her salary from such new employer and/or proceeds from business or profession to be deposited in the Borrower/s' account with the P2P Platform.
3.4 The Borrower/s shall ensure that no part of the Loan shall be utilized for any illegal purposes and/or immoral activities, gambling, lottery, races and activities speculative in nature and/or such other activities of similar nature.
3.5 The Borrower/s hereby authorizes the P2P Platform to take possession and to sell any products purchased from the Loan proceeds to recover the Outstanding Balance including any interest, charges, etc.
3.6 The Borrower shall promptly upon the request of the P2P Platform provide, or ensure submission of, such documentation and other evidence as is reasonably requested by the P2P Platform or any person designated by the P2P Platform to conduct any KYC requirement under applicable laws and regulations or under the P2P Platform's policies, at any time during the currency of the Loan.
3.7 Upon the disbursal of the Loan by the P2P Platform to the Borrower the obligation of the Borrower under the terms of these Terms and Conditionsshall commence. For the purposes of clarity it is stated that thenon-performance of the Merchant ( if applicable ) to comply with any of the requirements of the P2P Platform shall in no way alleviate the Borrower's obligation to repay the Loan.
3.8 The Borrower acknowledges and understands that the P2P Platform and/or the Facility Agent shall access any and all information which is available about the Borrower in the public domain, including but not limited to the information available through various social media profiles.
3.9 The P2P Platform has appointed K. M. Global Credit Private Limited along with its affiliates as its "Facility Agent" to do, execute and perform all or such acts or things as the P2P Platform as may be required including but not limited to sourcing of potential borrowers, collection of Loan Documents, recovery of repayments along with follow up for the same, collection of dues and post-sanction & end-use monitoring of the Loan.
ARTICLE 4
PRE-PAYMENT
4.1 That the P2P Platform in its sole and absolute discretion and subject to the terms specified in Sanction Letter/Most Important Document/agreement (as may be required by the P2P Platform to its satisfaction) permit the Borrower/s (on the Borrower/s' written request) to prepay the Loan.
4.2 The Borrower/s may repay the entire Outstanding Balance, including any charges as specified in the Sanction Letter and/or other documents by giving to the P2P Platform not less than 15 (fifteen) days prior notice in writing of the Borrower/s' intention to exercise such option to terminate the Loan.
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4.3 The Borrower shall pay the P2P Platform the stipulated Installments and other sums due up to the date of such prepayment and the principal outstanding calculated on a reducing balance basis at the Rate of Interest which is specified in the Sanction Letter/Most Important Document/agreement.
4.4 The P2P Platform shall charge pre-payment charges (as notified to the Borrower/s at the time of availing Loan) and as amended from time to time on the principal outstanding.
4.5 The P2P Platform would be at liberty to appropriate the amount so prepaid towards prepayment of charges, interest, additional interest, delayed payment charges, all other charges and fees payable under these Terms and Conditions and then towards the principal amount or in any other manner that the P2P Platform may deem fit and proper in its sole and absolute discretion and on such settlement, the P2P Platform shall return the Repayment Instrument to the Borrower/s.
ARTICLE 5
BORROWER'S REPRESENTATIONS AND WARRANTIES
  1. The Borrower/s on availing the Loan facility represent(s) to the P2P Platform on a continuing basis as under:
5.1 That these Terms and Conditions and all documents hereunder, as required, will be valid and binding obligations of the Borrower/s and enforceable in accordance with their respective terms.
5.2 That the Borrower/s does/do not violate any covenants, conditions and stipulations under any existing agreement entered into by the Borrower/s with any third party, by availing the Loan from the P2P Platform.
5.3 That there is no action, suit, proceeding or investigation pending or to the knowledge of the Borrower/s threatened by or against the Borrower/s or the property of the Borrower/s before any Court of Law or Government authority or any other competent authority which might have a material effect on the financial and other affairs of the Borrower/s or which might put into question the validity, enforceability or performance of these Terms and Conditions or any of the terms and conditions contained in any of the Loan Documents.
5.4 Notwithstanding the repayment schedule or the term of these Terms and Conditions, the Loan shall become due and repayable on demand being made by the P2P Platform in this regard and the P2P Platform shall have the right to be paid immediately by the Borrower/s, on demand, the entire amount of the Loan along with all the accrued interest and other charges due and payable in respect of the Loan at any time. In such an event, the P2P Platform shall also be entitled to adjust any amount of the Borrower/s lying in any other account with the P2P Platform or any of its branch offices towards the dues of the Borrower/s under the Loan.
5.5 The Borrower/s shall give Repayment Instrument for the complete repayment of the Loan being fully aware of the fact that dishonor of any Repayment Instrument is a criminal offence under the Negotiable Instruments Act, 1881/The Payment and Settlements Act, 2007 (as may be applicable). No notice reminder or intimation will be given regarding the presentation of the Repayment Instrument s by the P2P Platform. Such Repayment Instrument shall be drawn from such bank and such location as agreed to by the P2P Platform.
5.6 The Borrower/s may also give the P2P Platform a mandate/authorization for payment through direct debit, in the prescribed form of the Approved Bank, towards payment of each Installment.
5.7 The Borrower/s will be required to pay through Deduction Against Salary (DAS), in those cases where his/her employer is registered with the P2P Platform for Deduction Against Salary. If at any time during the tenor of the Loan, the Borrower/s leaves his/her current employment, he/she will be required to provide Repayment Instrument for the balance period of the Loan.
5.8 The Borrower shall at all times abide by the laws in India, and in particular, provisions of the Prevention of Money Laundering Act, 2002.
5.9 Recovery Mechanism: The collection and recovery activities shall be carried out by the Service Provider in accordance with the Collection Code of Conduct prescribed by the P2P Platform.
5.10 The Borrower shall note that the account shall be classified as Non-Performing Asset (NPA) as per the extant RBI Circulars /Regulations when the payment of Loan Instalment (principal and/or interest) remains overdue for more than 150 days, that is, the account will be marked as NPA on the 151st day of continuous default from the original due date. To further clarify, an illustrative example of the way any account shall be classified as NPA is provided in the loan document.
  1. BORROWER'S WARRANTIES
The Borrower by availing the Loan shall have deemed to have warranted and undertaken to the P2P Platform as follows:
5.11 Due Payment of Public and Other Demands: That the Borrower/s has/have paid all public demands such as Income Tax and all the other taxes and revenues payable to the Government of India or to the Government of any State or to any local authority and that at present there are no arrears of such taxes and revenues due and outstanding.
5.12 It shall be the Borrower's/s' obligation to keep being acquainted with the rules of the P2P Platform, in force from time to time.
5.13 To make regular payments to the P2P Platform.
5.14 The borrower understands and agrees to limit his obligations to a maximum of INR 10 lakhs across all peer to peer platforms within India.
5.15 All documents provided by the Borrower to the P2P Platform are true, complete and accurate and any financial statements provided to the P2P Platform shall give a true and fair view and represent the Borrower's financial conditions.
  1. P2P PLATFORM’S REPRESENTATIONS & WARRANTIES
The P2P Platform do hereby represents and warrants as under:
5.16 That the P2P Platform has adequate legal capacity to enter into this Loan Agreement and perform his or her obligations hereunder.
5.17 That the P2P Platform is not restricted to enter into this Loan Agreement by any Law or any other Loan Agreement.
5.18 That this Loan Agreement and all documents required to be executed under and/or in relation to this Loan Agreement constitute and will constitute valid and binding obligations of the P2P Platform enforceable in accordance with law.
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ARTICLE 6
EVENTS OF DEFAULT
6.1 An Event of Default shall be deemed to have occurred under these Terms and Conditions, if:
(a) The Borrower commits a breach or fails or neglects to perform, keep or observe any of the conditions set forth herein;
(b) Any covenant, representation and/or warranty of the Borrower are found/proved to be incomplete, false or incorrect;
(c) If the Borrower/s fails to deliver Repayment Instrument for the Installments;
(d) Any Repayment Instrument issued by the Borrower/s in favour of the P2P Platform is dishonored by the Borrower's bank;
(e) The Borrower/s fail/s to pay the Installments or any other payment on the Scheduled Due Dates;
(f) Any material information supplied by the Borrower/s in the Application Form or any other Loan Document is found to be untrue, false or incorrect;
(g) The Borrower/s has/have admitted to any person in writing that the Borrower/s is/are unable to pay the debts and that the Borrower/s is/are willing to be adjudged bankrupt;
(h) If the Borrower/s commit/s any act of bankruptcy or makes assignment for the benefit of creditors or consents to the appointment of a trustee or receiver or insolvency proceedings, whether voluntary or otherwise, are instituted against the Borrower/s;
(i) Receiver is appointed in respect of the assets or properties of the Borrower/s;
(j) Business operations of the Borrower/s is/are suspended and such suspension continues for more than three months;
(k) carrying on of the Borrower's business becomes illegal or contrary to any Law, Rules & Regulations notified or enforced by any competent authority;
(l) The Borrower/s, being an individual, has an insolvency notice is served on him or is declared insane or is convicted of any offence;
(m) Any of the Repayment Instrument delivered or to be delivered by the Borrower/s to the P2P Platform in accordance hereof, are not encashed / acted upon or dishonored for any reason whatsoever, on presentation being made;
(n) Any instruction is given by the Borrower/s to stop payment on any of the Repayment Instrument; or
(o) If the Borrower/s commit/s a default under any other agreement executed with the P2P Platform or any of its affiliates or group companies; or
(p) If any other event has occurred which in the opinion of the P2P Platform jeopardizes its interest or would make it difficult for the P2P Platform to recover the Loan, if timely action is not taken.
(q) If the borrower fails to provide information as required by P2P Platform within 3 working days of the demand
6.2 Consequences of an Event Of Default
Upon occurrence of any of the Events of Default and at any time thereafter, the P2P Platform shall have the right, but not the obligation to either seek for a collateral to the satisfaction of the P2P Platform to secure the Loan or declare all sums outstanding under the Loan, whether due or not, immediately repayable and upon the Borrower failing to make the said payments within 7 (seven) days thereof, the P2P Platform may at its sole discretion
(a) Require the Borrower/s to pay liquidated damages equal to all unpaid installments which in the absence of a default would have been payable by the Borrower/s for the full term hereof together with penal interest and / or charges stipulated in the Sanction Letter from the date of such declaration till the date of payment and/or realization; and
(b) Exercise any other right or remedy which may be available to the P2P Platform under any applicable law.
6.3 The Borrower/s shall also be liable for payment of all legal and other costs and expenses resulting from the defaults or the exercise of the P2P Platform's remedies.
ARTICLE 7
ASSIGNMENT
7.1 The Borrower/s shall not be entitled to transfer or assign the Loan. The Borrower/s expressly recognize/s and accept/s that the P2P Platform shall be absolutely entitled and shall have full power and authority in respect of the Loan to sell, assign or transfer in any manner, in whole or in part, and in such manner and on such terms as the P2P Platform may decide, including reserving a right to the P2P Platform to retain its power hereunder to proceed against the Borrower/s jointly or severally with such purchaser, assignee or transferee, any or all outstanding and dues of the Borrower/s to any third party of the P2P Platform's choice without reference to or without written intimation to the Borrower/s. In such event, the Borrower/s and/or Co-Borrower shall substitute the remaining Repayment Instrument s in favour of the transferee/ assignee if called upon to do so by the P2P Platform. Any such action and any such sale, assignment or transfer shall bind the Borrower/s to accept such third party as creditor exclusively or as a joint creditor with the P2P Platform, or as creditor exclusively with the right to the P2P Platform to continue to exercise all powers hereunder on behalf of such third party and pay over such outstandings and dues to such third party and/or to the P2P Platform as the P2P Platform may direct.
7.2 The Borrower/s shall pay to the third party the difference between the amount of the Loan outstanding and the amount received by the P2P Platform in the event of a transfer of the portfolio to a third party. The third party shall have the authority of the Borrower/s to collect the due amount. The Borrower/s expressly recognize/s and accept/s that the P2P Platform shall, without prejudice to its right to perform such activities itself or through its officers or servants, be absolutely entitled and have full powers and authority to appoint one or more third parties of the P2P Platform's choice and to transfer and delegate to such third parties the right and authority to collect on behalf of the P2P Platform all unpaid Installments and to perform and execute all acts, deeds, matter and things connected therewith or incidental thereto including sending notices of demand, attending the residence or office of the Borrower/s or otherwise contacting the Borrower/s for receiving the Installments (whether in the name of the P2P Platform or in its own name) from the Borrower/s, entering into a compromise with the Borrower/s, giving a valid receipt and granting effectual discharge to the Borrower/s and generally performing all lawful acts as the third parties may consider appropriate for the purpose.
ARTICLE 8
COMPLIANCE WITH THE REGULATIONS
8.1 The Borrower/s and the P2P Platform agree to comply jointly and severally with all applicable laws and regulations from time to time in force including any amendments, modification or change thereof which may be attracted and the Borrower/s shall indemnify the P2P Platform in respect of any loss, claim or expense to the P2P Platform as a result of non-compliance with any such laws and regulations.
8.2 The amount of Installments shall be increased by incremental taxes, whether sales, excise, or interest tax and other related taxes now levied on this transaction or hereafter to be levied.
ARTICLE 9
INDEMNITY CLAUSE
9.1 The Borrower/s shall pay all costs and other expenses incurred by the P2P Platform for enforcing the Terms and Conditions and/or for recovery of the Loan and all amount(s) payable to the P2P Platform.
9.2 The Borrower/s undertake/s to indemnify and keep the P2P Platform indemnified in respect of all statements, representations, warranties and undertaking made by the Borrower's in the Application form, these Terms and Conditions and any other documents submitted by him/her.
9.3 In addition to the obligations and documents which the P2P Platform expressly require the Borrower/s to execute, deliver and perform, the Borrower/s shall execute, deliver and perform, such further acts or documents which the P2P Platform may reasonably require to effectuate the purposes of these Terms and Conditions or any of the other Loan Documents.
9.4 The Borrower/s irrevocably and unconditionally agrees to indemnify on full basis and hold, saved harmless and keep indemnified the P2P Platform or its agents in full and on demand from and against all and any direct or indirect losses, costs, claims, liabilities, damages, demands, charges and expenses suffered or incurred by the P2P Platform arising out of, or in connection with, any failure of the Borrower/s to perform, repay, pay, reimburse or discharge any of its Obligations under the Loan from time to time not being recoverable for any reason and also from and against all actions, suits, proceedings, claims including in relation to income tax and demands whether for principal, interest or otherwise whatsoever made or preferred against the P2P Platform in relation to or arising out of or in connection with the Loan.
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ARTICLE 10
NOTICE
Any notice / letter / other communication sent by the P2P Platform to the Borrower shall be sent at the latest address of the Borrower/s available in the records of the P2P Platform and the same shall be deemed to have been delivered on expiry of 48 hours after it has been sent by registered post / courier / other modes of delivery. Any notice to be sent to the P2P Platform by Borrower/s shall be sent by pre-paid Registered A.D. at its branch/office or at such other address as may be intimated by the P2P Platform to the Borrower/s . The Borrower/s shall immediately intimate the P2P Platform of any change in the office / residential address.
ARTICLE 11
CO-BORROWER
The Co-Borrower shall be jointly and severally liable for the Borrower/s liability/obligation/responsibility under the Loan and the Co-Borrower's obligations in relation to the Loan shall be concurrent with that of the Borrower/s in all respects as if the Co-Borrower's was/were the Borrower/s and shall assure the P2P Platform regular and punctual payment of all installments as well as pay the installments and other dues in the event of default of the Borrower/s.
ARTICLE 12
CONSENT TO DISCLOSURE
12.1 The Borrower/s understand that as a pre-condition relating to grant of Loan to the Borrower/s, the P2P Platform requires the consent of the Borrower/s for disclosure by the P2P Platform of information and data relating to Borrower, of the Loan availed/be availed of by Borrower/s, obligations assumed/to be assumed by Borrower/s in relation thereto and default if any, committed by Borrower/s , in discharge thereof.
12.2 Accordingly, the Borrower/s has/have no objection to the disclosure by the P2P Platform of all or any such,
(a) information and data relating to Borrower/s;
(b) information or data relating to any credit facility availed/to be availed by Borrower/s;
(c) information and data relating to obligations assumed by Borrower/s in relation to the Loan/credit facility(ies) granted/to be granted the P2P Platform ;
and
(d) information and data relating to default, if any committed by Borrower/s in the discharge of such obligation, as the P2P Platform may deem appropriate and necessary to disclose and furnish to any agency as the P2P Platform feels appropriate and proper or as authorized by RBI.
12.3 The Borrower/s declare/s that the information and data furnished by them to the P2P Platform is true and correct
12.4 The Borrower/s undertake/s that,
(a) the Credit Information Bureau (India) Limited and any other agency so authorized may use, process the said information and data disclosed by the P2P Platform in the manner as deemed fit by them;
and
(b) the Credit Information Bureau (India) Limited and any other agency so authorized may furnish for consideration, the processed data or products thereof prepared by them to banks/financial institutions and other credit grantors or registered users, as may be specified by the Reserve Bank in this Behalf;
12.5 Notwithstanding anything to the contrary contained herein or any provisions of any of the laws, the Borrower/s , as a precondition of the Loan given to the Borrower/s by the P2P Platform, agree/s that, in case, the Borrower/s commit/s default in the repayment of the amount of the Loan and/or interest thereon or any of the agreed Installments on the Scheduled Due Date/s, the P2P Platform and/or the Reserve Bank of India, shall have an unqualified right to disclose or publish the name of the Borrower as 'defaulters' in such manner and through such medium as the P2P Platform or Reserve Bank of India in their absolute discretion may think fit.
ARTICLE 13
MISCELLANEOUS
13.1 Interpretation
When a reference is made in these Terms and Conditions to an Article, Section, or Schedule, such reference shall be to an Article, Section or Schedule contained hereunder unless otherwise indicated
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13.2 Effective Date of Terms
These Terms and Conditions shall have become binding on the Borrower and the P2P Platform on and from the date of the sanction/ grant/ disbursal of the Loan. It shall be in force till all the monies due and payable to the P2P Platform under the Loan as well as all other agreement(s), document(s) that may be subsisting / executed between the Borrower/s and the P2P Platform are fully paid to the satisfaction of the P2P Platform.
13.3 Representatives and Assigns
The Borrower, his/her/their heirs, legal representatives, executors, administrators, and successors shall be bound by all the covenants of these Terms and Conditions.
13.4 Non-Waiver
Any omission or delay on the part of the P2P Platform, in exercising any of rights, powers or remedy accruing to the P2P Platform, upon failure by the Borrower in the due and punctual fulfillment of the obligations of the Borrower hereunder, shall not be deemed to constitute a waiver by the P2P Platform of any of its rights to require such due and punctual performance by the Borrower.
13.4 Non-Waiver
Any omission or delay on the part of the P2P Platform, in exercising any of rights, powers or remedy accruing to the P2P Platform, upon failure by the Borrower in the due and punctual fulfillment of the obligations of the Borrower hereunder, shall not be deemed to constitute a waiver by the P2P Platform of any of its rights to require such due and punctual performance by the Borrower.
13.5 Governing Law and Jurisdiction
These Terms and Conditions shall be construed and governed in all respects, including validity, interpretation, and effect in accordance with the laws of India. All disputes arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts or tribunals at Mumbai, India.
13.6 Dispute Resolution
Any question, dispute or claim arising out of or in connection with these Terms and Conditions including any question on its existence, validity or termination shall be referred to and finally adjudicated through arbitration by a sole arbitrator and in accordance with the Arbitration and Conciliation Act, 1996. The sole arbitrator will be appointed by the P2P Platform . The venue for such arbitration shall be Mumbai, India. The arbitrator shall be appointed by the P2P Platform within a period of 30 days failing which the appointment shall be as per the provisions of the Arbitration and Conciliation Act, 1996.
The arbitration award given by the sole arbitrator appointed as aforesaid shall be final and binding on all the parties in connection with any question of facts or law arising in the course of arbitration or with respect to any award made.
Further, the present clause shall survive the termination of these Terms and Conditions. The Courts at Mumbai, India shall have exclusive jurisdiction (subject to the arbitration proceedings which are to be also conducted in Mumbai, India) over any or all disputes arising out of this agreement. The present clause along with the clause for payment of interest, additional interest by the Borrower shall survive the termination of the agreement with the Borrower.
13.7 Confidentiality
The P2P Platform shall exercise care while handling any confidential information. However, the Borrower/s acknowledges and accepts that the P2P Platform shall be entitled to disclose information (i) to the P2P Platform's affiliates, (ii) to prospective transferees or purchasers of any interest in the Loan, (iii) as required by law or any government order or direction including disclosure as maybe necessary to perform or fulfill any requirement specified by the RBI, (iv) as deemed necessary by the P2P Platform while exercising its remedies under the Loan Documents. the P2P Platform shall also be entitled to disclosure without any notice to the Borrower/s all or any information/documents or the data including but not limited (a) information and data relating to the Borrower/s; (b) the information or data relating to any credit facility availed of/to be availed by the Borrower/s; (c) default, if any, committed by the Borrower/s, for protecting its interests to Income Tax authorities, Credit Rating Agencies or any other Government or any other Regulatory Authorities/Bodies/ Departments/authorities as and when so demanded. The Borrower/s hereby specifically waives the privilege of privacy and defamation.
13.8 Costs and Expenses
The Borrower/s shall forthwith on demand being made, pay to the P2P Platform, on a full indemnity basis, all costs and expenses (including legal costs) incurred and/or to be incurred by the P2P Platform for the enforcement of these Terms and Conditions and realization/recovery of the amount of the Loan from the Borrower/s , if any.
13.9 Amendments
These Terms and Conditions may be amended by the P2P Platform at any time. Any such amendment shall take effect only prospectively i.e upon the amendment of the Terms and Conditions. However, the P2P Platform shall upon such variation or amendment being made, inform the Borrower/s in respect of any variation or amendment in the Terms and Conditions and/or other charges as are applicable to the Loan.


13.10 Severability
If any provision of these Terms and Conditions is illegal, invalid or unenforceable for any reason, it will be severed from the remaining provisions which will remain unaffected.
@include('admin.documents.original_seen_and_verified')
@if(isset($signed_data[0]) && $pdf == 1)
@if(isset($signed_data[0]['applicant']) && $signed_data[0]['applicant'] == 1)
@foreach ($lender['language_consent'] as $language_consent) @if($language_consent['language'] == $signed_data[0]['language'])

{{$language_consent['consent']}}

@endif @endforeach

{!! $user['customer_name'] !!} (Applicant) signed this agreement at {{ date('h:i A',strtotime($signed_data[0]['click_time']))}} on {{ date('d-M-Y',strtotime($signed_data[0]['click_time']))}}

Latitude: {!! $signed_data[0]['latitude'] !!} Longitude: {!! $signed_data[0]['longitude'] !!}

@endif @if(isset($signed_data[1]['applicant']) && $signed_data[1]['applicant'] == 2)
@foreach ($lender['language_consent'] as $language_consent) @if($language_consent['language'] == $signed_data[1]['language'])

{{$language_consent['consent']}}

@endif @endforeach

{!! $user['co_applicant_name'] !!} (Co-Applicant) signed this agreement at {{ date('h:i A',strtotime($signed_data[1]['click_time']))}} on {{ date('d-M-Y',strtotime($signed_data[1]['click_time']))}}

Latitude: {!! $signed_data[1]['latitude'] !!} Longitude: {!! $signed_data[1]['longitude'] !!}

@endif
@endif
@include('admin.documents.sma_npa_classification')
{{--
@if(isset($user['proFormaInvoice']) && $user['proFormaInvoice']->insurance_premium_applicable == 1 && (!isset($isInsuranceTaken) || (isset($isInsuranceTaken) && $isInsuranceTaken == 0))) @include('admin.insurance.'.$user['insurance_kotak_file']) --}}{{----}}{{-- @endif
--}}