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Sanction Letter 3

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0% found this document useful (0 votes)
59 views10 pages

Sanction Letter 3

Uploaded by

maruthi199292
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Terms & Conditions (“Terms”)

"Merchant Cash Advance" or "Kwik Loans" is a credit facility facilitated by MobiKwik

One Mobikwik Systems Limited - "MobiKwik" "We" "Us" "Our"

Introduction

Merchants (“you” / "Merchant") are required to read, review, understand and agree to the terms
hereunder for using or availing of the Kwik Loans, by clicking on the "I Accept"/ "Submit" button in the
MobiKwik App. Upon clicking the "I Accept"/ "Submit" button on the MobiKwik App, a Merchant
indicates their acceptance of these Terms and their intention to be bound by it. Once the terms
contained hereunder are accepted by a Merchant, the same shall be binding on the Merchant while
availing Kwik Loans in any manner whatsoever, and subsequent to such Merchant's use of the Kwik
Loans. MobiKwik in consultation with its Lending Partners (defined below) has the right to suspend or
freeze this facility any time at its discretion. These Terms shall be read in conjunction with the Terms
of Use and Merchant T&C and the Privacy Policy available at www.mobikwik.com.
If these Terms is inconsistent with any provision in the Terms of Use, Merchant T&C and Physical
Contract, MobiKwik shall determine, in MobiKwik’s sole and absolute discretion, which of the
provisions shall control any such inconsistency.

Terms of Usage
1. Kwik Loans is a premium product, which is only available to a limited set of Merchants, as may
be sanctioned by the lending partners of MobiKwik (“Lending Partners”) in their sole discretion.
Its approval or rejection is based on the data shared by the Merchant and at the discretion of the
Lending Partner. Further to this, the approved loan amount is specific to every individual
Merchant.
2. In order to avail the credit facilities provided by the Lending Partners, the Merchant shall be
provided with and agree to terms and conditions including the key fact statement, summary of
product, sanction letter, terms and conditions of the Lending Partner and MobiKwik, account
statements and privacy policies (“Facility Documents”).
3. One time, non-refundable processing fee, if any shall be applicable and charged by the Lending
Partner. The aforesaid fee shall be deducted from the loan amount by the Lending Partner at the
time of disbursal of the loan amount. The aforesaid fee shall be included in the Facility
Documents charged by the Lending Partner.
4. All charges including but not limited to processing fee, penalties, etc., as applicable, will form
part of the Facility Documents provided to you.
5. The credit facility if eligible for pre-payment may be prepaid by making payment of the principal
outstanding amount along with proportionate annual percentage rate during the cooling-off
period (as defined by the relevant Lending Partner) without any penalty by raising a request and
sending a message on the MobiKwik platform. Terms and conditions of prepayment will be
mentioned in the Facility Documents.
6. Kwik Loans are provided as a term loan via one of the Lending Partners. You consent to
MobiKwik sharing your basic details with the Lending Partners who reserve the right to use such
information with your explicit consent, to approach, make enquiries, obtain information, from any
person including other banks/finance entities/ credit bureaus including but not limited to Experian
/CIBIL/ CRIF/other agencies, and for checking, collecting retrieving and downloading Your
information from the Central KYC registry for Your cKYC ID linked with Your PAN, to assess
your track record, credit risk, or for establishing contact with the borrower. You have the right to
deny consent for use of specific data, restrict disclosure to third parties, revoke consent already
granted for collecting your data and make the MobiKwik application delete/forget your data. If
you wish to do any of the aforesaid, you may refer to MobiKwik’s privacy policy and get in touch
with us on the MobiKwik platform. You agree in such an event we may be restricted to continue
to provide you the Kwik Loans. You may choose to delete your account at any point of time by
contacting us on the details mentioned in the privacy policy. With this we will no longer provide
your data for external processing. However, in all cases we retain your personal data as long as
the purpose for its usage exists, after which the same is disposed of by us except for any record
retention required as per applicable law. The provisions of applicable laws require your
transaction logs to be stored for longer periods post the deletion of an account. Further, in the
event of the pendency of any legal / regulatory proceeding or receipt of any legal and / or
regulatory direction to that effect, we may be required in accordance with applicable laws to
retain your personal data for longer periods.
7. The credit facility will be extended by the Lending Partner for a period as detailed in the Facility
Documents.
8. You agree to make the repayments to the Lending Partner on an equated instalments payable
on daily basis frequency (“EDI”). You agree and consent to repay the EDI amounts to the Lender
from Your share of customer charge to be received from MobiKwik on a daily basis.
9. Notwithstanding anything contained in the Terms of Use, Merchant T&C or the Physical
Contract, in event if You avail a credit facility facilitated via MobiKwik pursuant to these Terms
and Facility Documents, You unconditionally acknowledge and agree throughout the period of
your enjoyment of the credit facility to the following terms with respect to Settlement of Accounts
and payment of EDI amounts:
1. You agree and explicitly consent to make the payment of the EDI amounts, penalties,
charges due and payable by You to the Lending Partner from Your share of the customer
charge to be paid by MobiKwik to You. You agree and undertake to execute all
authorizations and writings as may be required by Us or the Lending Partner from time to
time and will ensure that there is sufficient captured transactional amount in Your account at
all times.
2. In event there is insufficient captured transaction amounts in Your account to make the
payment of the EDIs and charges on a given day to the Lending Partner, any shortfall in the
EDI amounts and the charges for that particular day shall be paid by you from the future
payments of Your share of customer charge or any other payment mode as allowed by the
Lending Partner.
3. You undertake to not bring any claim against MobiKwik and/or the Lending Partner with
respect to making payment of the EDIs from Your share of the customer charge.
4. You undertake to repay the credit facility back to the Lending Partner in a time bound
manner.
10. You undertake to provide ECS/NACH or other repayment instruments as directed by the Lending
Partners, apart from the ones provided for payment of instalments, as security, which the
Lending Partner is entitled to present to realise the amount outstanding under the credit facility,
anytime during the tenure of the credit facility or thereafter, in an event there You committing
delay and/or default in the payment of EDI under the Facility Documents. No notice, reminder or
intimation shall be given by the Lending Partner to You prior to presentation of any of the NACH
/ECS mandate.
11. In case a Merchant delays the repayment, it will be reported to the bureaus as non-payment.
This will adversely impact the Merchant’s credit score, thus reducing the Merchant’s chances of
credit and loan approvals in future.
12. MobiKwik and/or the Lending Partner will share the repayment schedule as part of the Facility
Documents at the time of sanction and the Merchant agrees to abide/agree to it.
13. Merchant shall pay all dues for total outstanding via payment modes shared by the Lending
Partners.
14. You agree that all statement of accounts in relation to the credit facility sent by MobiKwik or by
any other authorized representative of the MobiKwik are acceptable to the You and shall be
conclusive proof of the correctness of any sum claimed to be due from You.
15. By clicking on the tab/ button/ checkbox of "I Accept" or any other button/ checkbox of similar
nature: (i) You confirm that You are eligible under Applicable Law to avail the Facility, (ii) You
consent to avail and use the facility as per these Terms and terms and conditions under the
Facility Documents; and (iii) You consent to receive communications, notices and information
from MobiKwik and our business partners, service providers, authorized third parties etc.
(whether through SMS, emails, phone calls, automated phone calls or by any other means).
Electronic communications shall be deemed to have been received by you when MobiKwik
sends the electronic communication to the email address/ mobile number/ details provided by
you or any other third party. You agree that you will not hold MobiKwik or its business partners/
service providers/ authorized third parties responsible for any such communications received
from MobiKwik/ our business partners/ service providers/ authorized third parties, nor will any
such communication amount to spam, unsolicited communication or a violation of Merchant
registration on the national do not call registry.
16. Merchant acknowledges and agrees that merely by accessing the MobiKwik platform or applying
for the credit facility, Merchant would not be entitled to avail the facility. Lending Partners would
determine Merchant eligibility to avail the facility, and in this regard, Merchant to provide certain
information and documents as may be required by the Lending Partners as per its policies.
17. For the purposes of ascertaining Merchant’s eligibility to avail the facility, the Lending Partners
shall have the right to, evaluate and examine: (i) the information and documents provided by
Merchant at the time of availing the facility; and (ii) the information and documents available with
the MobiKwik prior to Merchant application for availing the facility with the Merchant’s consent;
(collectively, "Merchant Information"). Merchant acknowledges and agrees that the Merchant
Information may be transferred to and used by MobiKwik and/or MobiKwik's affiliates, agents
and third party service providers and Lending Partners that are engaged by MobiKwik for the
purposes of facilitating extension of the credit facility, including for the purposes of determining
Merchant eligibility to avail the facility, facilitate collection of dues, determining the quantum of
the facility that may be availed by Merchant and the repayment schedule ("Repayment
Schedule") that may be offered to the Merchant. While undertaking such evaluation, Lending
Partners, shall have the right to evaluate such other information and documents concerning
Merchant that is available with it, as it deems appropriate. At all times, your information will be
treated by the Lending Partners and MobiKwik, as the case may be, in accordance with
applicable law, these Terms and privacy policies.
18. MobiKwik reserves the right to, and stores Merchant data for a minimum period of 10 years/as
per applicable laws. MobiKwik ensures strong access control mechanisms and layered
encryption to ensure and maintain the confidentiality, integrity and availability of the data which
prevents misuse, tampering, unauthorised access, modification or disclosure of the same. The
same is attested by third-party independent auditor/auditor(s) on periodic and need-to- know /
adhoc basis as per regulatory and compliance requirements. MobiKwik strictly urges Merchants
not to share their passwords, credentials, OTPs and other sensitive information with anybody.
MobiKwik doesn't and shall not ask the Merchants for the same. The card data security is in
adherence with the PCI-DSS. While MobiKwik is committed to provide its Merchants a safe
digital experience and observes reasonable security measures to protect Merchant's data,
however there might be reasons outside of the MobiKwik's control affecting Merchant’s data.
19. MobiKwik shall maintain necessary records in respect of the facility entered into by Merchant
and amounts due in respect of the facility. Merchant agrees that such records as maintained by
MobiKwik shall be sufficient proof of the transactions entered into by the Merchant as per
applicable laws, which Merchant shall not dispute.
20. Merchant acknowledges and agrees that the Lending Partners may cancel/ suspend/ terminate
the facility (whole or part) at any time, with or without prior notice to Merchant. Any outstanding
amounts to be paid to the Lending Partners by Merchant, under the credit facility, shall continue
to be governed by these facility terms and Facility Documents.
21. Merchant warrant that all the Merchant Information provided by Merchant for availing the facility,
shared by Merchant with MobiKwik, is accurate and up to date. MobiKwik can verify the
Merchant Information shared by Merchant and communicate to the Lending Partners regarding
refusal to extend the facility.
22. Merchant agrees to use the credit facility only for purposes that are permitted by these facility
terms, Facility Documents and any applicable law as amended from time to time.
23. Merchant acknowledges and agrees that MobiKwik shall have the right to facilitate collection of
the payments due under the Facility on behalf of its Lending Partner(s), either directly or through
agents or third-party service providers.
24. Website links of the Lending Partners are listed below for your ease of access and reference:
Lendbox: https://www.lendbox.in/
GRO Details:
Name: Tamanna Mehta,
Email: grievances@lendbox.in and support@lendbox.in,
Contact: +91-8860628026
25. Without prejudice to MobiKwik rights under applicable law, Merchant understands and agrees
that as permitted by the Lending Partners, in the event of Merchant inability to repay the facility
amount due and payable, or any other breach of these facility terms, MobiKwik on behalf of its
Lending Partners would be entitled to facilitate recovery of the amounts due in respect of the
facility in any manner as they deem fit, and take or request any third party to take such other
measures in this regard, including but not limited to limiting/ terminating access to MobiKwik
platform.
26. Merchant acknowledges and agrees that after opting for the facility, MobiKwik would send
statements of the facilities availed and outstanding, to Merchant's email address and/or phone
number registered with MobiKwik, its service provider and/or authorized third parties. In addition,
MobiKwik either directly, would also have the right to send Merchant alerts, reminders, or other
communications regarding instalments/ repayments. For the said purposes, the mode of
communication may be determined by MobiKwik and such mode of communication may include
phone calls, SMS, in-app messages and push notifications, in-app chat, and/or through the
customer service call line, as the case may be, or any other mode of communication as may be
decided by MobiKwik.
27. Any Capitalised terms unless defined herein shall have the meaning as ascertained to such a
term under the Terms of Use, Merchant T&C or the Privacy Policy.
28. These Terms shall be governed by the laws and be subject to dispute resolution mechanism as
detailed in the Governing Law and Dispute Resolution clause under the Terms of Use.
29. Bureau Partner Terms of use : In connection with submission of the application for my credit
information ("Consumer Credit Information") offered by CRIF High Mark ("CIC") through One
MobiKwik Systems Limited (referred to as the "Company") and delivery of the Consumer Credit
Information to the Company, I hereby acknowledge and agree to the following:

1.
1. The Company is my lawfully appointed agent and he/ it has agreed to be my agent for the
purposes, including, without limitation, to receive the Consumer Credit Information from CIC
on my behalf on a monthly frequency for a period of 12 months and use it in the manner
consistent with the Agreement entered into between the Company and CIC, and the
Company has granted its consent for being appointed for the aforesaid purpose.
2. I grant my unconditional consent to the Company to receive the Consumer Credit
Information from CIC on my behalf and use it in the manner consistent with the consistent
with the Agreement entered into between the Company and CIC, as the case may be, and
the Company has granted its consent for being appointed for the aforesaid purpose. I
hereby represent and acknowledge that the Terms of Understanding in relation to the use of
the Consumer Credit Information has been agreed between me and the Company.
3. I hereby expressly grant unconditional consent to, and direct, CIC to deliver and/ or transfer
my Consumer Credit Information to the Company on my behalf.
4. I shall not hold CIC responsible or liable for any loss, claim, liability, or damage of any kind
resulting from, arising out of, or in any way related to: (a) delivery of my Consumer Credit
Information to the Company; (b) any use, modification or disclosure by the Company of the
contents, in whole or in part, of my Consumer Credit Information, whether authorized or not;
(c) any breach of confidentiality or privacy in relation to delivery of my Consumer Credit
Information to the Company; (d) for any use made by the Company which is contrary to the
Agreement entered into between the Company and CIC
5. I acknowledge and accept that: (a) CIC has not made any promises or representations to
me in order to induce me to provide my Consumer Credit Information or seek any consent or
authorization in this regard; and (b) the implementation of the Agreement between CIC and
the Company is solely the responsibility of the Company.
6. I agree that I may be required to record my consent/ provide instructions electronically and
in all such cases I understand that by clicking on the "I Accept" button below, I am providing
"written instructions" to Company authorizing Company to obtain my Consumer Credit
Information from my personal credit profile from CRIF High Mark. I further authorize
Company to obtain such information solely to confirm my identity and display my Consumer
Credit Information to me. Further in all such cases by checking this box and clicking on the
Authorize button, I agree to the terms and conditions, acknowledge receipt of CIC privacy
policy and agree to its terms, and confirm my authorization for Company to obtain my
Consumer Credit Information.
7. I understand that in order to deliver the product to me, I hereby authorize Company, to
obtain my Consumer Credit Information from CIC.
8. By submitting this registration form, I understand that I am providing express written
instructions for Company to request and receive information about me from third parties,
including but not limited to a copy of my consumer credit report and score from consumer
reporting agencies, at any time for so long as I have an active Company account. I further
authorize Company to retain a copy of my information for use in accordance with Company's
Terms of Use and Privacy Policy.
9. I UNDERSTAND THAT THE PRODUCT IS PROVIDED ON AN "AS-IS", "AS AVAILABLE"
BASIS AND CIC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
10. I shall not sue or otherwise make or present any demand or claim, and I irrevocably,
unconditionally and entirely release, waive and forever discharge CIC, its officers, directors,
employees, agents, licensees, affiliates, successors and assigns, jointly and individually
(hereinafter "Releasee"), from any and all manner of liabilities, claims, demands, losses,
claims, suits, costs and expenses (including court costs and reasonable attorney fees) ("
Losses"), whatsoever, in law or equity, whether known or unknown, which I ever had, now
have, or in the future may have against the Releasee with respect to the submission of my
Consumer Credit Information and/ or my decision to provide CIC with the authority to deliver
my Consumer Credit Information to the Company. I agree to defend, indemnify, and hold
harmless the Releasee from and against any and all Losses resulting from claims made
against CIC L by third parties arising from and in connection with this letter.
11. I agree that the terms of this confirmation letter shall be governed by the laws of India and
shall be subject to the exclusive jurisdiction of the courts located in Mumbai in regard to any
dispute arising hereof. CIC is entitled to assign its rights hereunder to any third person
without taking my prior written consent.

Consumer Consent for accessing Consumer Credit Information Report {CIR)

I hereby appoint One Mobikwik Systems Ltd_ (hereinafter referred as "Company"), having its
registered office at Unit No. 102, 1st Floor, Block-B, Pegasus One, Golf Course Road, Sector-53,
Gurugram, Haryana-122003, India, as my lawful agent to receive my credit report/credit history
("Credit Information") from Credit Information Companies ("CICs").
I further authorize the Company to share with ClCs, my personal information/details to procure my
Credit Information on a monthly frequency and use the same to facilitate provision of Facility to me
("Purpose").
I understand and acknowledge that the CIC shall not be liable under law or equity, in any manner
whatsoever, for providing my Credit Information to the Company and I will not raise any claim or
objections against the CIC.
I confirm that this consent is given by my free will and not due to any solicitation by any person/entity.
This consent/authorization shall be valid for (i) a maximum period of 06 (six) months, from the date of
giving the same, (ii) satisfying the Purpose or (iii) until I withdraw my consent at any time, by
informing the same to the Company, at their registered office address, website, assigned email id or
mobile application, whichever is earlier.
I also consent to the CRIF High Mark Credit Score Terms of Use.
LENDBOX LOAN AGREEMENT

BY AND BETWEEN

Lender(s) registered with Transactree Technologies Private Limited (“Lendbox”), is a P2P NBFC
licensed by the Reserve Bank of India, on the platform www.lendbox.in
AND

The “Borrower” as described in Annexure 3 hereunder, which expression unless repugnant to


the context shall mean and includes its legal representatives, permitted assigns and successors.

The Lender and the Borrower are hereinafter individually referred to as the “Party” and collectively
as the
“Parties”.

WHEREAS the Parties have agreed to enter into this agreement on the terms and conditions
contained hereinafter as follows:
1. The Lender agrees to lend to the Borrower and the Borrower agrees to borrow an unsecured
personal loan (“Loan”) in accordance with the terms and conditions mentioned in Annexure 2
and Annexure 3 (namely the MITC and the Sanction Letter) hereunder.
2. The Lenders for the Loan will be determined by Lendbox. The Lender to this Loan may be more
than one depending on the total Loan amount. For detailed lender information visit www.lendbox.
in
3. Lendbox has entered into an agreement with Mobikwik. The Borrower is a customer registered
on the PARTNER’S platform and BOTH PARTIES agree that the terms of this agreement are
subject to the terms and conditions laid down in the agreement signed between Lendbox &
PARTNER – described in detail in Annexure 1.
4. Lendbox has authorized various third parties to provide services with regard to onboarding,
management and collections from the Borrower and act as a customer touch points besides
Lendbox’s own personnel. These third parties also include Mobikwik and its agents.
5. The Parties acknowledge that the transaction of lending and repayment is being facilitated by
Transactree Technologies Private Limited (hereinafter “Lendbox”) through their platform.
Lendbox shall partner with Mobikwik, whereby the Loan will be facilitated via the online account
opened for the Borrower on the mobile application or website operated by Mobikwik, hereafter
called the “Service Platform”. The Loan may be availed by the Borrower through the Service
Platform.
6. The Lender shall deposit the amount in the unique virtual escrow account being operated by
Lendbox details of which have been provided to the Lender. The amount shall be transferred
and disbursed from the escrow account set up by Lendbox and Partner for disbursements in no
later than 48 hours from the time of funding of the escrow account by the Lender, subject to any
banking holiday and such delay if any will not change the terms and conditions of the Loan
repayment in any manner. It is the Partner’s responsibility to transfer the amount into Borrower’s
account or into any other account identified by the Borrower, such as the merchant etc.from the
escrow account The Borrower shall deposit the repayments for the Loan through the Service
Platform, and the Partner shall transfer these repayments in the account specified by Lendbox,
being the escrow account of Lendbox for repayments based on the terms and conditions of the
loan repayment mentioned in Annexure 2.
7. The Borrower shall repay the Loan (including interest, additional interest and other charges
thereon) in accordance with Annexure 2 hereunder. It is hereby clarified that the Lendbox acting
7.

on behalf of lender(s) reserves the right to modify including increase, decrease or suspend the
line or credit mentioned in Annexure 2 at any time, at its sole discretion. In the event of any
material and significant modification to Annexure 2, Lendbox shall issue a fresh Sanction Letter,
in the manner provided in Annexure 3 to the Borrower.
8. The Loan is unsecured and no security has been provided by the Borrower to the Lender to
secure his repayment/ payment obligations in terms of this Agreement.
9. The Borrower may, subject to applicable law, prepay the entire outstanding Loan Amount along
with interest, additional interest and other charges as applicable, at any time as per the
repayment schedule specified in Annexure 2.
10. Each Party represents and warrants that it is entitled to enter into this Agreement and to
undertake the obligations herein contained. The Lender represents and warrants that the funds
for the Loan as specified in Annexure 3 shall be ready and available in the escrow account of
Lendbox on or prior to the date of this Agreement, failing which the repayment schedule, Loan
due date, billing date etc would be altered.
11. Each Party further represents and warrants that its respective signatory, as applicable, to this
Agreement are duly authorized to execute the same in a manner binding upon the Party and that
all approvals and procedures necessary for vesting such authority in its signatory have been duly
obtained and complied with.
12. The occurrence of any of the following events, or events similar thereto, shall each constitute an
event of default (“Event of Default”):
1. The Borrower does not pay any amount due and payable pursuant to this Agreement in
accordance with the terms of this Agreement on the date such amount is payable;
2. The breach of, or omission to observe, or default by the Borrower in observing any of its
obligations, covenants, warranties, undertakings under this Agreement;
3. Any representation or statement made or deemed to be made by the Borrower in this
Agreement or any other document delivered by or on behalf of the Borrower under or in
connection with the Agreement being or being proven to have been incorrect or misleading
when made or deemed to be made; or
4. The Borrower is declared insolvent or files for insolvency or any attachment, distress
execution or any other such process is initiated against the Borrower.
13. Upon the occurrence of an Event of Default, the Lender and Lendbox on behalf of the Lender,
shall, without the requirement of serving any notice/default notice to the Borrower:
1. 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;
2. encash or present for encashment, the undated, postdated, signed cheques provided as
Collateral in order to recover any or all of the amounts outstanding to the Lender; or
3. exercise such other rights as may be available to the Lender under Applicable Law.
14. This Agreement shall come into force on the date of execution of this Agreement and shall
remain in full force until the repayment of the entire portion of the Loan Amount along with all
interest, additional interest, dues, charges, taxes as may be applicable.
15. The Parties agree and undertake that they shall, at all times, during the continuance of this
Agreement, ensure that all the terms and conditions of this Agreement and all information
relating to the Loan Amount shall be kept confidential (“Confidential Information”) and they
shall not disclose any information relating to this Agreement to any third party, without the prior
written consent of the other Party other than information relating to:

1.
1. information and data relating to it;
2. information or data relating to any credit facility availed by / to be availed by it;
3. default if any committed by it in discharge of our such obligation, as the Lender may deem
appropriate and necessary to disclose and furnish to credit information agencies and any
other agency authorized in this behalf by Reserve Bank of India; which shall not be
considered confidential in nature.
16. The Borrower agrees and undertakes that the information and data furnished by it to the Lender
and to Lendbox pursuant to this Agreement and in relation thereto, are true and correct and
consents that any agency authorized by the Lender or Lendbox may use and process the
information and data provided under this agreement.
17. The Borrower shall indemnify and hold the Lender and Lendbox harmless from and against any
and all loss, damage or other consequences which may arise or result from giving the Loan to
the Borrower and shall reimburse the Lender and/or Lendbox upon demand all such sums and
shall upon request appear and defend at the Borrower’s own cost and expenses any action
which may be brought against the Lender in connection therewith and shall accept the statement
of account presented by the party claiming the loss as conclusive proof of the correctness of any
such claim to be due from him.
18. The Agreement shall be governed by the laws of India and courts at [Delhi] shall have exclusive
jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.
The Parties irrevocably agree to submit to that jurisdiction, to the exclusion of other Courts.
19. The Borrower shall reimburse and pay to the Lender all costs, charges and expenses, including
stamp duty and legal costs on actual basis and other charges and expenses which may be
incurred in preparation of these presents and related to and or incidental documents and
enforcement of the rights of the Lender there under or any other document security created /
executed by the Borrower in favour of the Lender.
20. The Borrower shall not assign any of its rights or obligations under this Agreement. The Lender
may assign this Agreement and all rights hereunder or transfer the benefit of the whole or any
part of this Agreement to any third party through Lendbox, without the prior consent of the
Borrower. Lendbox shall inform the Borrower of such assignment through their platform www.
lendbox.in within 5 working days of such assignment.
21. Notwithstanding anything contained herein, the parties agree that they have authorized Lendbox
to appoint a suitable agency as the recovery agent (“Recovery Agent”) for recovery of any
amounts due and payable under this Agreement. The Recovery Agents shall take all such
reasonable steps as might be necessary for recovery; however, the Recovery Agents do not
guarantee an assured recovery of dues. That the charges being levied by the Recovery Agent
shall be to the account of the Lender. The Parties understand that Lendbox is only offering its
assistance in recovery on account of a default and in no manner is liable for any default, being a
marketplace for prospective lenders and borrowers to meet and interact. For the purpose of this
Loan, The Recovery Agent shall be Mobikwik and it’s service providers or sub- agents.
22. The rights, powers and remedies given to the Lender by this Agreement shall be in addition to all
rights, powers and remedies given to the Lender by virtue of any other security, statute or rule of
law.
23. The Parties hereto confirm and acknowledge that this Agreement shall constitute the entire
agreement between them and shall supersede and override all previous communications, either
oral or written, between the Parties with respect to the subject matter of this Agreement, and no
agreement or understanding varying or extending the same shall be binding upon any Party
hereto unless arising out of the specific provisions of this Agreement.
24. No amendment, modification or addition to this Agreement shall be binding on all the Parties
hereto unless set forth in writing and executed by them or through their duly authorized
representatives.
25. If any term, provision, covenant or restriction of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions,
covenants and restrictions of this Agreement shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
26. Any notice or demand hereunder shall be in writing and sent through post at the address
specified above or the address last known to the Party sending the notice. Any notice sent under
this agreement shall be deemed to be delivered 2 business days following the dispatch of the
notice.

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT
ON THE DAY AND YEAR FIRST ABOVE WRITTEN.

For and on behalf of Borrower (as per the Sanction Letter)

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