DETAILS OF THE LOAN AND OTHER CHARGES
As detailed in Schedule 2 of the Loan Agreement below.
I/We declare that
All the particulars and information given in the application form are true, correct and complete and upto date in all respects and I/We have not withheld any information or provided otherwise whether in writing or orally for the loan facility applied for (the “Facility”).
I/We have no insolvency proceedings initiated against me/any of us, nor have I/We ever been adjudicated as insolvent except for the legal proceedings, the particulars whereof are given herein below
I/We have read the application form and brochures and am/are aware of all the terms and conditions of availing finance from NBFC and Investments Private limited. I/We authorize NBFC and its representatives to make references and enquires related to the information given in this application or otherwise whether in writing or orally, which I/We believe necessary for NBFC, and its representatives consider necessary for grant of the Loan facility to me/us.
I/We undertake to inform NBFC and its representatives regarding change in my/our residence/employment and to provide any further information that NBFC and its representatives may require.
hereby authorize and give consent to the NBFC to disclose, without notice to me/ us, information furnished by me/ us in the application form(s)/ related documents executed/ to be executed in relation to the facilities to be availedby me/ us from the NBFC, to the NBFC other branches/ subsidiaries/ affiliates/ Credit Bureaus/ Rating Agencies/ Service Platforms, banks/ financial institutions, governmental/ regulatory authorities or third parties for information verification, third parties for E-KYC & C-KYC verification, third parties for office and residence verification, risk analysis,
5. I/We authorize NBFC to disclose the information provided by us with respect to the borrowings, facilities and outstanding amounts from time to time including the payment details in the form and structure necessary to Credit Information Bureau (India) Ltd (“CIBIL”) and / or any other bureau entity authorized by Reserve Bank of India from time to time.
6. I/We confirm that no Advance shall be used for anti-social purposes or for money laundering activities or for any purpose other than the purpose for which the loan is sanctioned and that NBFC has the right to recall the entire amount of the Loan, if the Loan is used for any purpose other than as declared by me/us.
7. I/We have read and understood the terms and conditions as stipulated by NBFC and agree to be bound by them.
8. I/We affirm that the contents of this form have been explained to me/us in my/our mother tongue and I/We am/are signing this form only after understanding and accepting all terms and conditions.
I/We hereby apply for a finance facility for the unsecured line of credit ("Loan") mentioned in this application. I/We declare that all the particulars and information and details given/filled in this Application Form are true, correct, complete and up to date in all respects and no information has been held by me/us and I/we understand that the information given in this Application Form shall form the basis of any loan that NBFC may decide to grant to me/us and if at any stage of processing this Application Form, it comes to the knowledge of NBFC and Investments Private Limited, that, I/we have provided any incorrect or incomplete information, fabricated documents, or fake documents, they will be treated by NBFC as having been manipulated by me/us and NBFC shall have the right to forthwith reject this loan application, cancel / revoke any sanction or further draw-downs or recall any loan granted at any stage of processing the application, without assigning any reason whatsoever and NBFC and Investments Private Limited and its employees/ representatives/ agents / service providers shall not be responsible/liable in any manner whatsoever to me/us for such rejection or any delay in notifying me/us of such rejection (including for any payments which may have been made by me to any vendor/ service provider prior to cancellation). I/We understand that NBFC will also be procuring personal information from other sources/agents, and I/ We have no objection for the same. I/We further confirm that I/we am/are aware of all terms and conditions of availing the Facility from NBFC and Investments Private Limited. I/We authorize NBFC to make reference and inquire relating to information in this Application Form which NBFC considers necessary, including from the banks where I/we hold bank accounts. I/We authorize NBFC to procure my/our PAN/copy of my/our PAN Card, other identity proof and bank account details from time to time, exchange, part with/share all information relating to my/our loan details and repayment history with other banks/financial institutions /CIBIL etc. and periodically obtain / generate CIBIL, Experian, Hunter and such other reports as may be required, and I / We shall not hold NBFC liable for use of this information. I/We confirm that there are no criminal or insolvency proceedings against me/us.
I/ We declare that I/ We have not made any payment in cash, bearer’s cheques or by any other mode along with or in connection with this Application Form to the person collecting my/our Application Form. I/ We shall not hold its employees/representatives/agents/service providers liable for any such payment made by us to the person collecting this Application Form.
I/We would like to know through telephonic calls, or SMS on my mobile number mentioned in the Application Form as well as in this undertaking, or through any other communication mode, transactional information, various loan offer schemes or loan promotional schemes or any other promotional schemes which may be provided by NBFC and/or GetBasis Private Limited and hereby authorize NBFC and/or GetBasis Private Limited and their employee, agent, associate to do so. I/We confirm that laws in relation to the unsolicited communication referred in "NationalDoNotCallRegistry" (the"NDNCRegistry”) as laid down by TELECOM REGULATORY AUTHORITY OF INDIA will not be applicable for such communication/calls/SMSs received from NBFC and/or GetBasis Private Limited or its employees, agents and associates. I/We, acknowledge that GetBasis Private Limited and NBFC are independent of each other, and I/we will not have any claim against NBFC for any loan or other facility arranged by GetBasis Private Limited which is not sanctioned/ disbursed by NBFC and Investments Private Limited.
I/We acknowledge that NBFC does not in any manner make any representation, promise, statement or endorsement in respect of any other product of services which may be provided by NBFC or GetBasis Private Limited and will not be responsible or liable in any manner what soever for the same. I understand that NBFC is a NBFC registered with RBI would be lending in the required loan.
I/We do hereby expressly and irrevocably authorize NBFC /GetBasis Private Limited to collect, store, share, obtain any aspect of my personal information / KYC either directly or through any of the authorized agencies and disclose such information to its agents/contractors/service providers and to also use such information in the manner that may be required by NBFC / GetBasis Private Limited for the purposes of this Facility. In this regard, I/we expressly and irrevocably authorize NBFC and GetBasis Private Limited to collect, use, verify and authenticate my / our personal identity information / KYC in any manner, pertaining to this arrangement, without any notice to me /us.
I/We confirm that we know English, we have read and understood and accepted the general terms and conditions for the grant of the Facility. I/we also understand that the General Terms and Conditions shall be deemed to be applicable to any drawdown granted by NBFC pursuant to this Application Form.
NBFC shall be entitled to take such legal action as it may deem fit, upon occurrence of any of the Events of Default as set out and agreed by me/us in the below mentioned General Terms and Conditions of loan.
Capitalized terms used in this Application Form but not defined shall have the meaning ascribed to it in the General Terms and Conditions set out in Annexure I below.
NBFC GENERAL TERMS AND CONDITIONS (“T&C”)
THIS LOAN AGREEMENT (Agreement) is made as on "Sanction Date" by and amongst:
The Lender(s), whose detail(s) have been provided herein below as Schedule 1, (hereinafter referred to as the Lender(s) which expression shall, unless contradictory to the context, mean and include its legal representative, assignee, nominee(s) and administrator)
GetBasis Private Limited, a company registered and existing under the laws of India and having its registered address at 202, Prestige Casablanca, HAL Airport Road, Bengaluru Bangalore KA 560017 (hereinafter referred to as the Service Platform, which expression shall, unless contradictory to the context, mean and include its successor-in-interest).
The Borrower(s) as detailed in the Loan Application Form, hereinafter referred to as the “Borrower”, (which expression shall, unless it be repugnant to the context or meaning thereof, include his/her legal heirs, executors, administrators and assigns).
Hereinafter the Lender, the Borrower and the Service Platform shall be collectively referred to as the Parties and individually as the Party.
1.1 Loan Overview: The loan will be drawn down in full / part at the start of term, expected to be paid back in full with accrued interest on the Due Date as per the Sanction Letter.
1.2 Loan Details: The Lender(s) agrees to grant a loan to the Borrower, the details of which is provided in the Sanction Letter.
2. REPAYMENT AND PREPAYMENT
2.1 Repayment of Loan: The Borrower shall make a payment equivalent to the Billed Amount as per the Billing Cycle towards the entire loan amount plus interest on the date as per The Sanction Letter.
2.2 Mechanism of Repayment:
Irrespective of the mode of payment selected by the Borrower in the Loan application form and as detailed above, the Lender shall as it may deem appropriate and necessary, be entitled to require the payment and/or collection of the payment and all other amounts comprising the Borrower dues as expressed in the Agreement, by means of bank transfer and/or mobile wallet payments or utilizing any other mode or manner of payment or repayment of all other amounts comprising the Borrower dues.
Late Payment Charges: Any default by the Borrower in payment of the Billed Amount would entail an additional default charge of an amount of INR 35 per day as the missed payment charge (Additional Default Charge). The total Default Charge can be upto a maximum of 50% of the Billed Amount.
This is without prejudice to the Lender's other rights as set forth under the Agreement and under Applicable Laws (as defined under Clause 7). The Borrower shall pay the interest along with the Additional Default Charge.
3.1 Lender's Obligations
3.1.1 Lender(s) shall assess all lending risks and expected benefits before extending the Loan to the Borrower. The Service Platform highlights all relevant facts at its disposal, however decision of granting the Loan to the Borrower shall solely vest with the Lender(s). The Service Platform through its website carefully assesses and list Borrower(s) profiles for all types of lender(s) with varying risk appetites.
3.1.2 The Lender(s) shall not close its bank account without prior intimation to the Service Platform and in case such account is closed, the Lender(s) shall update the Service Platform immediately in writing.
3.1.3 The Lender(s) shall only use bank accounts from banks regulated by RBI for making/ receiving payments related to the Agreement.
3.2 Borrower's Obligations
3.2.1 The Borrower shall provide self-attested documents pertaining to all identification, financial and residential proof as mandated by the Lender(s) / Platform.
3.2.2 The Borrower shall repay the Loan as detailed in The Sanction Letter.
3.2.3 The Borrower shall not close the bank account/payment instrument/mobile wallet, they have submitted in the KYC documents, without prior intimation to the Service Platform and the Lender(s); and in case such an account/instrument/mobile wallet is closed, the Borrower shall substitute all post-dated payment instrument(s) with fresh payment instruments regulated by the RBI.
3.2.4 The Borrower shall intimate the Service Platform and the Lender(s), within 10 working days, regarding any change in the residential address, permanent address, employment status or organization's structural changes relating to its job profile or significant reduction (70% or more) in month on-month income, by emailing the Lender(s) / Platform at email@example.com /firstname.lastname@example.org.
3.2.5 Any failure to abide by these conditions shall be tantamount to default on payment by the Borrower.
3.2.6 The Borrower shall give consent to the Lender(s) and the Service Platform to use and disclose information provided on the online platform of the Service Platform for assessing lending risks and identifying, preventing, detecting or tackling fraud, money laundering and other crime. Such information shall include, without limitation, the following:
Any information and data related to the Borrower including record at credit reference and fraud prevention agencies. The Lender(s) and the Service Platform may use the information recorded by these agencies for the purposes of assessing lending risks and identifying, preventing, detecting or tackling fraud, money laundering and other crime.;
The information or data relating to any credit facility availed / to be availed by Borrower
Default if any committed by it in discharge of such obligation, as the Lender(s) may deem appropriate and necessary to disclose and furnish to credit information agencies and any other agency authorized on this behalf by RBI
3.2.7 Borrower confirms that all the rights vested in the Lender(s) shall be granted to the representative/assignee/ nominee as per the Agreement in the physical absence of the Lender(s) to claim the payments under the Agreement.
3.2.8 The Borrower shall only use bank accounts from banks regulated by RBI for making/ receiving payments related to the Agreement.
3.3 The Service Platform will provide the Borrower Statement of Account free of charge, at any time throughout the duration of the agreement in the form of a table showing: (a) the details of each Billed Amount owing under the Agreement; (b) the date on which Billed Amount is due and the amount of the Billed Amount; (c) a breakdown of each Billed Amount: (i) repayment of the Loan Amount; (ii) interest payment; and (iii) if applicable, any other charges. This statement will be available to the Borrower on your Platform account or by requesting to the Service Platform by emailing email@example.com or calling on the support number detailed on 08045681710.
4. REPRESENTATIONS AND WARRANTIES
The Borrower represents to the Service Platform and the Lender(s) that:
the information and financial details submitted by them on the online platform / mobile application are true and correct;
the Service Platform and the Lender(s) shall in no manner be responsible for either loss of money or breach of privacy or leakage of any confidential information;
they have not provided any information which is incorrect or materially impairs the decision of the Service Platform to either register them or permit to lend/borrow through the online platform / mobile application;
that all types of communication and transactions between them with respect to the Agreement shall be done via online platform provided by the Service Platform; and
that the Parties have received a form headed "Application Form"; relating to the Agreement and have been explained the Agreement in detail.
The Borrower shall indemnify, defend and hold harmless the Service Platform and the Lender(s), their officers, directors, employees, agents, representatives and shareholders (Indemnified Party), at all times, from and against any and all claims including third party claims, demands, damages, costs including legal fees and expenses, liabilities, deficiencies or any losses, suffered or may be suffered, paid or may be paid, by the Indemnified Party, as a result of, in connection with or arising out of: (i) failure of the Borrower's performance of its obligations under the Agreement, or (ii) incorrect or misleading representations and warranties given by the Borrower, or (iii) any breach of representations and warranties of the Borrower as expressed in the Agreement, or (iv) the Borrower's act or omission, negligence, misconduct, breach of the terms of the Agreement, or violation of the Applicable Laws (as defined below).
IN THE EVENT OF DEFAULT
The occurrence of any of the following events, or events similar thereto, shall constitute an event of default (“Event of Default”):
The Applicant does not pay any amount due and payable pursuant to the Loan Documents in accordance with the terms of this Agreement on the date such amount is payable;
Any representation or statement made or deemed to be made by the Applicant is this Agreement or any other Loan Document being or being proven to have been incorrect or misleading when made or deemed to be made; or
The Applicant is declared insolvent or files for insolvency or any attachment, distress execution or any other such process is initiated against the Applicant.
Any default in performance of such obligations or breach of any terms under any Loan Document by the Applicant;
Any financial indebtedness of the Applicant is not paid when due or within any originally applicable grace period;
One or more event, conditions or circumstances whether related or not, (including any change in Applicable Law) has occurred or is reasonably expected to occur which could have a Material Adverse Change; (For the purpose of this clause, Material Adverse Change means any set of circumstances or events, which is or may, reasonably determined by GetBasis / Lender, be expected to have a material and adverse effect upon the Applicant or its business, financial condition, results and/or operations.)
Upon the occurrence of an Event of Default, the Lender, may, without the requirement of serving any notice/default notice to the Applicant:
declare that the Loan Amount, together with accrued interest, additional interest and all other amounts accrued or outstanding under this Agreement be immediately due and payable, whereupon they shall become immediately due and payable;
cancel any further disbursement of Loan,
stipulate such other conditions or amend any terms of the Loan Documents as Lender considers necessary,
Lender otherwise shall be entitled to proceed against the Applicant and exercise such other rights as may be available to the Lender under the applicable Law in order to realize the amounts due and payable by the Applicant.
7. GOVERNING LAW AND DISPUTE RESOLUTION
7.1 Governing law
The Agreement, including any non-contractual disputes arising thereunder, shall be governed by and construed in accordance with laws of India.
7.2 In the event of any dispute, difference or question arising between the Parties hereto in relation to or in connection with anything to be done under the Agreement and the same remains unresolved for a period of one (1) month, despite the mediation of the respective Parties authorized persons, it shall be referred to arbitration before the arbitrator appointed by the Service Platform and the Lender(s) in accordance with the (Indian) Arbitration and Conciliation Act, 1996 and the rules framed there-under. The award given under the said process shall be final and binding on the Parties. The venue of arbitration proceedings shall be at such place as may be determined by the Service Platform and the Lender(s) and communicated in writing to the Borrower. Cost of arbitration shall be borne by the Borrower. The Parties shall bear their own legal costs. The arbitrator shall have the authority to pass appropriate orders as to costs.
8.1 Severability: If any provision of the Agreement is invalid or unenforceable as against any person, party or under certain circumstances, the remainder thereof and the applicability of such provision to other parties or circumstances shall not be affected thereby. Each provision of the Agreement shall, except as otherwise herein provided, be valid and enforced to the fullest extent permitted by Applicable Laws.
8.2 Waiver: The failure of either Party at any time to require performance by the other Party of any provision hereof shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver by either Party of a breach of any provision hereof be a waiver of any succeeding breach of such provision or be a waiver of the provision itself. No waiver shall be effective unless in writing signed by both Parties hereto.
8.3 Survival: The provisions of Clauses 4, 5, 6, 7, 8.3 and 8.7 shall survive the termination of the Agreement.
8.4 Amendments: No modification, addition or addendum to the Agreement shall be effective unless agreed to in writing by each of the Parties hereto.
8.5 Assignment: Neither Party shall assign or purport to assign any of its rights or interests under the Agreement to any other person or entity.
8.6 No implied terms: The Parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of the Agreement or any representations inducing the execution and delivery hereof, except as specifically set forth herein and each of the Parties acknowledges that it has relied on its own judgment in entering into the same.
8.7 Specific Performance: The Parties agree that damages may not be an adequate remedy for the Parties under the Agreement, and the Parties shall be entitled to an injunction, restraining order, right for recovery, specific performance or such other equitable relief to restrain the other Party from committing any violation or enforce the performance of the covenants, warranties or obligations contained in the Agreement.
8.8 No Agency or Partnership: Nothing in the Agreement shall, or shall be deemed to, constitute a partnership between the Parties nor, unless expressly provided otherwise, constitute any Party as the agent of any of the other Parties for any purpose.
9. THE BORROWER, LENDER(S) AND THE SERVICE PLATFORM DECLARATION
By signing the Agreement, you are declaring that:
The Lender(s), The Borrower and the Service Platform agree to enter into the Agreement on the terms as set out under the Agreement.
The information The Lender(s), The Borrower and the Service Platform have provided is true and accurate;
The Borrower understand and agree that the Service Platform and the Lender(s) on its platform may rely on the information Borrower have provided to decide whether the Service Platform and its Lender(s) should enter into the Agreement;
The Lender(s), The Borrower and the Service Platform have read and understood the Terms and Conditions under the arrangement.
SCHEDULE 1 - LENDER(S) DETAIL
Lender Name: EMERALD LEASING FINANCE AND INVESTMENT COMPANY LIMITED
Lender PAN No.: AAACE0646H
Lender Address: S.C.O.7, Industrial Area Phase 2, Chandigarh,
Sanction Limit: INR 50,000