Sanction Letter 3
Sanction Letter 3
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.
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 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.