Terms of Service for Lenders
The following terms & conditions shall be applicable to all lenders on the Rang De P2P platform:
- The Lender is a registered participant on the Platform and intends to provide a loan to the Borrower.
- The amount once lent to a Borrower shall only be repaid to the Lender when the Borrower makes a repayment.
- The Lender undertakes to keep the communication address, contact number, banking details and such other details as may be required by Rang De P2P Financial Services Ltd. updated on the Platform at all times.
- Rang De P2P Financial Services Ltd. shall give notice to the Lender of any change in the terms and conditions of the Loan including the disbursement schedule, interest rates, other charges, repayment terms etc. The Lender (as the case may be) shall keep himself/herself/itself informed about all such notifications and confirms that he/she/it would be bound by such change, without any dispute.
- The Tenure of the loan shall be as per the loan details published on the platform and shall commence from the date of disbursal of the Loan Amount to the Borrower.
- The loan application made by a borrower would stand cancelled, if the minimum loan amount is not raised within the fund raising timeline confirmed in the application form, despite the platform’s best efforts. In such a case, the amount contributed by the Lender would be reflect as a credit in the Lender’s Rang De account which may then be lent to another borrower.
- The Repayment Installment from the Borrower shall be appropriated first against the interest, then the principal Loan Amount and thereafter against the other charges. However, in the event of a default / delay in payment of the Repayment Installment beyond 90 (ninety) days from the Payment Due Date, any portion of the Outstanding Amounts recovered shall be apportioned first against the principal Loan Amount, followed by the interest and thereafter the other charges.
- The Terms & Conditions shall remain in full force and effect and shall be binding on the Lender until all Outstanding Amounts are repaid by the Borrower to the Lender. It is clarified that even in the event that Rang De P2P Financial Services Ltd. ceases to do business and/or ceases to operate the Platform, these Terms & Conditions shall continue in full force and effect till the loan outstanding is settled.
- The Lender hereby confirms that he/she has read, understood and accepted the ‘Pricing Policy’ listed on www.rangde.in.
- The following acts, as set out below, shall constitute an ‘Event of Default’ by the Borrower:
- The default in paying the Repayment Installment on or within the Payment Due Date; or
- Breach of any of the terms and conditions agreed upon; or
- If any certification or document delivered by the Borrower shall have been proven to be incorrect in any material respect when made; or
- Breach of any of the terms of use of the Platform; or
- Occurrence of any fraud, misrepresentation or failure to submit any material information; or
- Borrower becomes bankrupt or insolvent, voluntarily or involuntarily becomes the subject of proceedings under any bankruptcy or insolvency law; or
- It is or becomes unlawful for the Borrower to perform any of its obligations under this Agreement; or
- Death of the Borrower.
- The Lender hereby authorizes Rang De P2P Financial Services Ltd. to facilitate the recovery of defaulted Outstanding Amounts by the Borrower & take actions as it may deem fit to recover the Outstanding Amounts on his/her/its behalf.
- Upon the occurrence of an Event of Default as specified above, without prejudice to the other remedies available under law or in equity, the Lender through Rang De P2P Financial Services ltd shall be entitled to exercise the following rights and remedies and may give a notice to the Borrower in this regard to:
- Terminate this Agreement and
- Call upon the Borrower to pay the Outstanding Amounts immediately without demand or protest.
- Rang De P2P Financial Services Ltd. on behalf of the Lender reserves the right to engage one or more persons to collect dues from the Borrower. Rang De P2P Financial Services Ltd. may furnish to such person(s) such information, facts and figures pertaining to the loan, contact details of such Borrower, as it may deem fit to facilitate recovery of Outstanding Amounts from the Borrower.
- The Lender agrees and understands that Rang De P2P Financial Services Ltd. has the right to report the Borrower to any credit bureau, RBI, or any other regulatory authority for any default on the Outstanding Amounts by the Borrower.
- The Lender makes the following representations and warranties to the Borrower and Rang De P2P Financial Services ltd,
- The Lender hereby certifies and warrants that he/she/it have not and shall not lend (in aggregate) in excess of Rs. 10,00,000/- (Rupees Ten Lakhs only) at any point of time, across peer-to-peer lending platforms (including the Platform) in India;
- The Lender hereby certifies and warrants that he/she/it has not and shall not lend (in aggregate) in excess of Rs. 50,000/- (Rupees Fifty Thousand only) at any point of time, to the same Borrower through any peer-to-peer lending platforms (including the Platform) in India;
- The Lender hereby certifies that he/she is a major, of sound mind and is capable of entering into this Agreement (whether directly or through his/her power of attorney holder);
- The Lender agrees and confirms that he/she/it has read, understood and accepted the terms and conditions and undertakes to abide by the terms hereof. The Lender acknowledges that the Loan to the Borrower is an unsecured Loan and that neither the Platform nor RBI guarantees the repayment of the Loan Amount;
- That all information/ documents furnished by or on behalf of the Lender in connection with providing the Loan, whether prior to the date hereof or contemporaneously with the execution of the Loan Agreement and all information furnished hereinafter, is and will be true, correct and complete;
- That the Lender shall promptly notify Rang De P2P Financial Services Ltd. on the occurrence of any event which may make any information provided to it untrue or incorrect including any change in personal information or banking details;
- The Lender agrees that all obligations undertaken thereunder are legal, binding and enforceable;
- The Lender agrees that he/she/it has understood that the Loan is provided to the Borrower and that he/she/it shall have no claims whatsoever against Rang De P2P Financial Services Ltd. for any reason whatsoever.
- The Lender hereby covenants that he/she/it:
- Shall ensure that the Loan Amount provided is raised legally and not through any illegal activity whatsoever and is not counterfeit;
- Shall promptly notify Rang De P2P Financial Services Ltd., of any change in the Lender’s details such as mobile number, postal address or any other details provided.
- Shall execute any and all documents, as Rang De P2P Financial Services Ltd. may require, from time to time with respect to the Loan and/or the services provided by Rang De P2P Financial Services Ltd. through its Platform.
- The Lender agrees to indemnify and hold the other Parties (including Rang De P2P Financial Services Ltd. ) and its affiliates harmless from and against all losses, damages, costs, claims, suits and expenses whatsoever they may at any time incur, sustain, suffer or is likely to suffer in connection with:
- Any misrepresentation or breach of representation, warranty, covenant or any other provisions of the Loan Agreement; or
- Any unauthorized use of the Platform
- In no event shall a Lender be liable to any other for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages of loss of goods or services, loss of business profits, business interruption, loss of information, or any other pecuniary loss)
- It is understood and agreed between the Parties that in no event (save in the case of proven fraudulent actions) shall Rang De P2P Financial Services Ltd. be liable to the Lender as the case may be, for any loss, expense or claim whatsoever arising out of:
- The use of, or inability to use or access the Platform or for any virus, bug, unauthorized intervention, defect, technical malfunctioning, temporary disablement, permanent discontinuance of the Platform or for any consequences resulting from such actions, whether or not foreseeable;
- Acts done by on the instruction of any person impersonating himself/herself as a Lender or as an unauthorized representative of the Lender;
- The exercise by Rang De P2P Financial Services Ltd. of its right to terminate the functioning of the Platform; or
- Notwithstanding anything to the contrary contained herein or under any other transaction documents, the provisions of this clause shall survive the termination of the Loan Agreement.
- Rang De P2P Financial Services Ltd. shall have the paramount right of set-off and lien, irrespective of any other lien or charge, present as well as future, on the deposits of any kind and nature by the Borrower into the Borrower Escrow Account and Rang De P2P Financial Services Ltd. is entitled without any notice to the Borrower or the Lender, to settle any indebtedness whatsoever owed by the Borrower or the Lender (as the case may be) to Rang De P2P Financial Services Ltd. (whether actual or contingent, or whether primary or collateral, or whether joint and/or several).
- In addition to the above mentioned right or any other right which Rang De P2P Financial Services Ltd. may at any time be entitled whether by operation of law, contract or otherwise, : (a) to combine or consolidate at any time all or any of the accounts and liabilities of the Borrower with or to any other loan availed by the Borrower through the Platform; (b) to institute any judicial proceedings in case of non- payment of outstanding dues by the Borrower
- The Lender acknowledges and agrees that neither the Reserve Bank of India (RBI) nor Rang De P2P Financial Services Ltd. shall be liable towards the repayment of the Loan Amount nor any of the charges set forth in the Loan Agreement.
- The Lender acknowledges and agrees that neither Reserve Bank of India (RBI) nor Rang De P2P Financial Services Ltd. shall be liable towards any of the terms and conditions set forth in the Loan Agreement except where specifically mentioned otherwise in the Loan Agreement.
- All notices, replies, requests, reports, or other communications under the Loan Agreement shall be in writing (including by way of electronic mail), effective upon receipt, on the address notified by the Parties under the Loan Agreement.
- The Lender shall address their grievances through the grievance redressal mechanism set up by Rang De P2P Financial Services Ltd. through its platform. The grievances raised shall be resolved in accordance with such mechanism established.
- The Loan Agreement and the rights and obligations of the Lender hereunder shall be construed and governed by the laws of India and the courts of Bengaluru, Karnataka shall have exclusive jurisdiction to try any matter arising out this Agreement.
- The entire Loan Agreement along with the Terms & Conditions of the Platform contain the entire understanding of the Lender with respect to the subject matter contained herein and supersedes all prior agreements and understandings both oral and written between the Parties with respect to such subject matter.
- Amendment: No amendment, modification or addition to the Loan Agreement shall be effective or binding upon the Lender unless set forth in writing and executed by them or their duly authorized representatives.
- Waiver: It is clarified that no failure or delay of the Lender to insist upon the strict performance of any of the terms, conditions and provisions of the Loan Agreement shall be construed as a waiver or relinquishment of future compliance therewith.