|1||“Borrower” shall mean a person resident in India, who is willing to borrow, using the Website and is registered as a ‘Borrower’ on the Website.
“Borrower Escrow Account” shall mean a non-interest bearing account maintained by Rang De with a scheduled commercial bank for the purposes of the Services.
“Social Investor” shall mean any Person permitted to lend in India, in accordance with applicable laws, who is willing to lend/invest on the Website and is registered as a ‘Social Investor’ on the Website.
“Lender Escrow Account” shall mean a non-interest bearing account maintained by Rang De with a scheduled commercial bank for the purposes of the Services.
“Person” shall mean an individual, a body of individuals, a HUF, a firm, a society or any artificial body, whether incorporated or not.
“Trustee” a trustee appointed in accordance with the requirements under P2P Regulations to manage the Lender and Borrower Escrow Account.
“Website” shall mean the P2P platform operated by Rang De as an intermediary providing the services of loan facilitation via online medium or otherwise, to persons desirous of lending on it or availing loan facilitation services provided by it.
|2||Use of the Website is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person, if an individual under the age of 18 shall not register as a Social Investor on the Website and shall not transact on or use the Website. Rang De reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Website if it is brought to its notice or if it is discovered that such Person is not eligible to use the Website.|
|SOCIAL INVESTOR’S ACCOUNT CREATION AND REGISTRATION OBLIGATIONS|
|3.1||The Social Investor may create an account (“Social Investor Account”) based on information to be filled in at the time of registering, which may include, mobile number and any valid email ID and password (collectively, “Social Investor Account Information”).|
|3.2||Documentation: In order for a Social Investor to avail the Services from Rang De through the Website and for the Social Investor Account to go live,
the Social Investor is required to provide Rang De with certain user information/documentation for verification in a form and manner acceptable
to Rang De, which shall include the following:
|3.3||Verification: The Social Investor agrees that the use of Website, consequent upon the creation of the Social Investor Account, is subject to verification by Rang De of the documentation indicated hereinabove. The Social Investor hereby grants Rang De permission to conduct such verification, in such form and manner as it may deem fit. Such verification may be conducted through third party service providers and the Social Investor hereby authorises Rang De to share the aforesaid information with such third party service providers for the purposes of verification.|
|4.1.1||The Social Investor will have an option to:
|4.1.2||The Social Investor shall remit the Committed Investment Amount before making an investment, to the Lender Escrow Account. The Social Investor shall not be entitled to change, cancel or withdraw the Committed Investment Amount in any loan or withdraw the Committed Investment Amount, unless approved by Rang De.|
|4.1.3||The Social Investor hereby represents and warrants to Rang De that the funds disbursed by the Social Investor shall at all times be from legitimate sources and not involve any international flow of funds.|
|4.1.4||The Social Investor understands and accepts that the funds transferred to the Lender Escrow Account, being a non interest bearing account, will not constitute a deposit with Rang De.|
|4.2||Disbursement of Loan
The loan shall be disbursed to the Borrower’s bank account, details of which are provided by the Borrower. The Social Investor hereby provides its consent to Rang De and the Trustee to authorize the release of funds from the Lender Escrow Account to the Borrower’s bank account in accordance with the terms hereof. If there is any mistake in the account details provided by the Borrower, the Borrower and not Rang De would be held responsible for the same.
In addition to the consent of the Social Investor to Rang De as provided for relevant services and authorisations under these terms, the Social Investor hereby expressly provides its consent to the Trustee to: (a) release the amounts in the Lender Escrow Account towards disbursement of loans to the Borrowers; (b) release the amount received from repayment or prepayment of existing loans from the Borrower Escrow Account to the Social Investor’s registered bank account or to the Lender Escrow Account for reinvestment, wherever applicable (c) release such amounts from the Lender Escrow Account to Rang De as are required by Rang De towards payment of Platform Charges and other fees and charges to Rang De and recovery of the tax amounts by Rang De.
|4.3||Repayment of invested amounts|
|4.3.1||The Social Investor hereby authorises Rang De to collect NACH mandates or establish any other means to ensure receipt of periodical payments from the Borrower. The Social Investor further authorises Rang De to demand and collect such amounts from Borrower on a periodical basis and Rang De shall not be required to obtain any further consents from the Social Investor.|
|4.3.2||All payments (in relation to (EMI(s)) made by the Borrower(s) shall be deposited in the Borrower Escrow Account|
|4.3.3||The collected payments in the bank account indicated above, and details of such remittances received shall be provided to the Social Investor upon receipt of such payments. All amounts received from any Borrower would be distributed amongst Social Investors strictly in proportion of the amount invested by each Social Investor in a particular loan.|
|4.3.4||The Social Investor shall not be entitled to ask the Borrower to prepay the loan amount, and any prepayment shall be in accordance with the terms of the loan agreement and that prepayment option shall be exercisable only by the Borrower. The Social Investor hereby accepts that Rang De shall not be required to intimate any of the Social Investors of such prepayment request made by the Borrower, and authorize Rang De to take any actions as it may deem fit pursuant to a prepayment request received by it.|
|4.3.5||Rang De shall be entitled to reinvest the monthly collections received by it from the Borrower based on instruction given by the Social Investors. Provided however that, any amount below the minimum investment amount in a loan may remain un-invested and would not accordingly earn any interest in relation to the amount thereon.|
|4.3.6||Rang De might deduct tax at source for any interest income as required by Income Tax rules or as directed by Income Tax authorities.|
|4.4||Recovery of loans|
|4.4.1||The Social Investor hereby authorizes Rang De to follow up with the Borrower(s) for collection in case a Borrower delays in payment of any instalment as per the agreed repayment schedule|
|4.4.2||The Social Investor further authorizes Rang De to take all and any legal recourse available to it for the recovery of the instalments due to the Social Investor, or upon occurrence of an event of default as identified in the loan agreement, in accordance with the terms of the loan agreement and Rang De shall not be required to obtain any further consent of the Social Investor to pursue such legal recourse.|
|4.4.3||The Social Investor agrees that the Social Investor shall not approach, coerce or pursue any communication with any Borrower for such recovery of instalments, or the outstanding loan amount.|
|4.4.4||In the event that Rang De is able to recover some amount of money due to the Social Investor, the collection charges for the same, if any, shall be deducted before depositing the money into the Social Investor’s account. For the purpose of such recovery, Rang De may also liaise with collection agencies to collect all the dues, including the money spent in recovery, from the Borrower.|
|4.4.5||Rang De hereby undertakes to recover all or part of outstanding amount on a best efforts basis, the same is duly acknowledged by the Social Investor under these Terms. Rang De may, at its sole discretion, decide not to pursue recovery or stop the process of recovery, and such decision of Rang De shall be intimated to all the Social Investors for such loan. The Social Investor further agrees that any and all decisions taken by Rang De for recovery of a particular loan from a Borrower shall be binding on all the Social Investors that had invested in such loan.|
|4.4.6||The Social Investor agrees hereby that all costs and expenses incurred in recovery and pursuing legal recourse for a particular loan shall have to be borne by the Social Investors in proportion of their investment amount in relation thereto.|
|4.4.7||Rang De shall not be liable to the Social Investor(s) for any delay, failure or decision of not to pursue recovery or legal recourse in relation to a particular loan.|
|4.5||The Social Investor hereby agrees to receive information on status of an investment in loans, performance of loans, amount of EMI collection or prepayment, whether by e-mail or SMS notifications. The Social Investor is required to intimate Rang De immediately of any changes to the Social Investor’s email or mobile phone numbers. By accepting these Terms, the Social Investor further authorizes Rang De to get in touch with the Social Investor for communication and promotions, despite any Do Not Disturb requests made by the Social Investor.|
|4.6||Rang De offers no guarantee that:
- the Committed Investment Amount would be partially/fully invested; or
- the Social Investor will receive any minimum rate of return on any Committed Investment Amount, or
- Rang De will be able to fully or partially collect the amounts due to the Social Investor from the Borrower and the Social Investor accepts and understands that there exists a likelihood of loss of entire amount invested in case of default by a borrower; or
- the credit score and credit rating assigned by Rang De is an assurance of full or partial repayments from the Borrower.
|5.1||The Social Investor hereby agrees that it/he/she shall be liable for all fees and charges associated with the use of the Website and Services.|
|5.2||It is hereby clarified that fees and charges, once paid, are non-refundable.|
|COMPLIANCE WITH RBI DIRECTION FOR P2P PLATFORM|
|7||By registering on the Site as a Social Investor and using the Site for Peer to Peer lending purpose, the Social Investor agrees and confirms that the Social Investor is aware of the Master Directions - Non-Banking Financial Company – Peer to Peer Lending Platform (Reserve Bank) Directions, 2017 dated 4 October 2017 (as amended and updated till date) issued by the Reserve Bank of India which includes, inter alia, certain Prudential norms for participants and hereby agrees and confirms to adhere to the applicable prudential norms as below –
The Social Investor acknowledges and understands that the Loans to Borrowers on the Site are Unsecured Loans and that neither Rang De nor Reserve Bank of India guarantee the repayment of either the Loan Principal amount or any interest payable thereon; it is further agreed and understood that the Loan is provided to the Borrower and that the Social Investor shall have no claims whatsoever in respect thereof against Rang De for any reason whatsoever.
|GOVERNING LAW AND DISPUTE RESOLUTION|
|8||These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts of Bangalore, Karnataka shall have exclusive jurisdiction over any disputes arising under these Terms.|
|1||The term 'User' or 'You' (and its grammatical variations) shall refer to (or be in relation to) the person who browses the site. The term 'Rang De' shall refer to Rang De P2P Financial Services Pvt. Ltd., registered as a Non-Banking Financial Company – P2P with RBI, having its office at Survey No. 29/3 & 32/2, Raj Alkaa Park, Bannerghatta road, Kalena Agrahara, Bangalore - 560076. The term 'Site' refers to https://rangde.in/owned and managed by Rang De.|
|Use of the Site:|
|3.1||The information in the various pages of the Site, unless otherwise indicated, is issued by the Rang De, for general distribution. Unless indicated otherwise, Rang De has the exclusive copyright for all such information.|
|3.3||Rang De may terminate the User's access at any time for any reason. The Clauses relating to 'No representation or warranty' (Clause 7), 'Disclaimer of Liability' (Clause 8), 'Limitation of Liability' (Clause 10), 'Indemnity' (Clause 11), and 'Governing Law and Jurisdiction' (Clause 13) shall survive the termination of the User’s access by Rang De.|
|Rang De's rights on the Site's content:|
|4.1||All contents present on this Site are the exclusive property of Rang De. The software, text, images, graphics, video and audio used on this Site belong to Rang De. No material from this Site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Rang De, except that Rang De grants You non-exclusive, non-transferable, limited permission to access and display the web pages within this Site, solely on your computer and for your personal, non-commercial use of this Site. This permission is conditioned on (i) Your not modifying the content displayed on the Site, (ii) Your keeping intact all copyright, trademark and other proprietary notices, (iii) Your acceptance of any terms, conditions and notices accompanying the content or otherwise set forth in this Site, (iv) Your agreeing to acknowledge Rang De as the source, citing the uniform resource locator (URL) of the page from which the information has been taken.|
|4.2||Reproduction or translation of substantial portions of the Site, or any use other than for educational or other non-commercial purposes, require explicit, prior authorization in writing. Applications for permission and enquiries, with necessary details, should be addressed to the [email protected] for the page used. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions and notices.|
|5||‘Rang De' is a registered trademark of Rang De P2P Financial Services Pvt. Ltd. All content, material, services marks, trade names including but not limited to the software, text, images, graphics, scripts contained on the Site alongwith the registered trademark are proprietary property of the Rang De P2P Financial Services Pvt. Ltd. (“Proprietary Information”). This Proprietary Information may not be used, copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any manner without prior written consent from Rang De and nothing on this Site shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Rang De, to the User. All trademarks, copyright, logos, service marks and other intellectual property owned by any third parties shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.|
|Linking to this site:|
|6||All links to this Site must be approved in writing by Rang De, except that Rang De consents to links in which the link and the pages that are activated by the link do not (i) create frames around any page on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (ii) misrepresent Your relationship with Rang De; (iii) imply that Rang De approves or endorses You, Your website or Your service or product offerings; and (iv) present false or misleading impressions about Rang De or otherwise damage the goodwill associated with Rang De's name and/or trademarks. As a further condition to being permitted to link to this site, You agree that Rang De may at any time, at its sole discretion, terminate permission to link to this website. In such event, You agree to immediately remove all links to this website and to cease using any trademarks owned by Rang De.|
|No representation or warranty:|
|7.1||Rang De does not make any warranties, explicit or implied, including those of merchantability and fitness for a particular purpose, with respect to any information, data, statements, products or services made available on the Site.|
|7.2||The Site, and all content, materials, information, software, products and services provided on the Site, are provided on an "as is" and "as available" basis. Rang De expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.|
|7.3||Rang De makes no warranty that: (i) the Site will meet Your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable.|
|Disclaimer of Liability:|
|8.1||Rang De shall have no responsibility for any damage to the User's computer system or loss of data that results from the download of any content, materials, and information from the Site. Rang De provides no assurances that any reported problems will be resolved by Rang De, even if Rang De elects to provide information with the goal of addressing a problem.|
|8.2||If the Site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site, the User agrees that Rang De is not responsible for the availability of, and content (including any tracking tools, such as cookies, enabled by such linked websites to collect information about computers used to view or interact with their advertisements) provided on, third party websites. The User is requested to peruse the policies posted by other web sites regarding privacy and other topics before use. Rang De is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and the User shall bear all risks associated with the use of such content. Rang De is not responsible for any loss or damage of any sort which the User may incur from dealing with any third party.|
|8.3||Rang De shall not be liable, in any manner whatsoever, for any use of information that may be posted by the User about himself or about any other person, if such information is accessible by any other User. Rang De may not be able to control or restrict the viewing of the content that has been posted on the Site by any User.|
|8.4||Unless specified otherwise, the mention of specific companies, firms, manufacturers or other business enterprises or their products or services does not imply that they are endorsed or recommended by Rang De in preference to others of a similar nature that are not mentioned.|
|9||Rang De may change or discontinue any aspect of its website at any time, including, its content or features. Rang De reserves the right to change the terms and conditions applicable to use of the Site. Such changes shall be effective immediately upon notice, which shall be placed on the Site.|
|Limitation of Liability:|
|10||In no event will Rang De be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Site, or any information provided on the Site, or in the products or services, any claim attributable to errors, omissions or other inaccuracies in the products or services or interpretations thereof. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to the User.|
|11||The User agrees to indemnify, defend and hold Rang De harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any misuse by the User of the content and services provided on the Site.|
|User's right to privacy:|
|12.1||Rang De may collect information that can identify You ("Personal Information"), such as Your name and email address, Your preferences, Your phone numbers, when You (or other users) provide it to Rang De while visiting the Site or in some other manner. Rang De may also collect other types of information, when You visit the Site, in, inter alia, the following manner: by collecting the information, such as Your IP address, your browser type, date and time of Your visit; for the purpose of tracking Users' movements around the Site and understanding usage trends. By assigning one or more cookies to Your computer, which may collect information to facilitate access to the Site and to personalise Your online experience.|
|12.2||The User's right to privacy is of paramount importance to Rang De. Any information provided by the User will not be shared with any third party. However, Rang De reserves the right to use the Personal Information to provide the User a more personalised online experience.|
|Governing Law and Jurisdiction:|
|13||The laws of India govern this agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bengaluru, Karnataka, India in all disputes arising out of or relating to the use of the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.|
|14||This agreement constitutes the entire agreement between the user and Rang De with respect to the Site and save as provided in Clause 2, it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rang De with respect to the Site.|