Terms and Conditions

Dear {Borrower name}

Greetings from Monexo.

Please find below your Loan agreement towads your
Loan ac No. {LAI}.

Thank you for choosing Monexo for your financial needs.

Borrowers' Terms and Conditions

IMPORTANT NOTICE

PLEASE READ THE FOLLOWING BEFORE PROCEEDING WITH YOUR REGISTRATION:

a) THESE TERMS AND CONDITIONS ARE THE TERMS UPON WHICH YOU WILL PARTICIPATE IN THE MONEXO PLATFORM IN THE EVENT THAT YOU ARE ACCEPTED BY MONEXO AS A BORROWER

b) BY YOU EITHER CLICKING A BUTTON/CHECKING A BOX INDICATING YOUR ACCEPTANCE, OR BY REGISTERING ON THE PLATFORM, AND/OR BY EXECUTING ANY DOCUMENT THAT REFERENCES THIS AGREEMENT AND/OR BY ACCESSING AND/OR USING THE APPS, YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IN THIS AGREEMENT AND ANY FUTURE AMENDMENTS AND ADDITIONS TO THIS AGREEMENT AS PUBLISHED FROM TIME TO TIME ON THE MONEXO PLATFORM. SHOULD YOU DISAGREE WITH ANY OF THE TERMS & CONDITIONS STIPULATED HEREIN (IN PART OR IN ENTIRETY), YOU ARE HEREBY DIRECTED TO REFRAIN FROM ACCESSING, REGISTERING, LOGGING-IN ON THE PLATFORM OR HAVE ANY ACCESS TO OUR SERVICES.

1. DEFINITIONS

In these Terms, the following words shall have the following meanings:

“Administrative Service Provider” has the meaning at Clause 5.1.

“Approved Person” has the meaning at Clause 4.3.

“Availability Period” shall mean the period within which the Borrower can request a Drawdown from the Facility and is as detailed in the Loan Details Sheet;

“Available Facility Amount” means at any point of time the undrawn amount of the Facility, including any amount of the Facility which becomes available pursuant to any repayment or prepayment of all or part of any previous Drawdown.

“Borrower” means the borrower as described in the Loan Details Sheet;

“Borrower’s Dues” means all sums payable by the Borrower to MONEXO, including outstanding Facility, interest, all other charges, costs and expenses;

“Borrower Terms” means the terms which shall apply to the Relevant Transaction in accordance with Clause 7.

“Changes” has the meaning at Clause 11.3.

“Drawdown” shall mean each drawdown of the Facility within the Availability Period and as per the terms of the Financing Documents, including drawdown of any amount which becomes available against the Facility, pursuant to prepayment/ repayment of any earlier Drawdown;

“Drawdown Date” means the date on which the Administrative Service Provider releases the Loan to you in accordance with Clause 7.1.

“Due Date” in respect of any payment means the date on which any amount is due from the

Borrower to MONEXO

“EMI” means the equal monthly amount to be paid by the Borrower towards repayment of all

outstanding Drawdowns and payment of interest (if applicable) as per Completed Transactions.

“Exiting Member” shall have the meaning at Clause 8.3.

“Facility” means the maximum drawdown limit granted by MONEXO to the Borrower as per Loan Details Sheet, which may be available to the Borrower as a revolving credit;

“Financing Documents” means these Terms and Conditions, the Loan Application, the Loan Details Sheet, including the annexures hereto and any documents executed by / with the Borrower or as required by MONEXO , as amended from time to time;

“Fixed Interest Rate” has the meaning at Clause 6.2.

“Funds” means any monies held by the Administrative Service Provider on behalf of a Member and which form part of the Loan.

“India” means the Republic of India.

“Interest” means all interest accruing to the Loan under the terms of the Transaction

“Lender” means any Member who lends Funds to you for the purposes of a Relevant Transaction.

“Lender Terms” means the Lenders’s Terms and Conditions as are applicable to the Lender.

“Loan” means the amount borrowed by you under a Relevant Transaction.

“Loan Application” means the application in the prescribed form as submitted from time to time by the Borrower to MONEXO for seeking financing;

“Loan Details Sheet” means the Loan Details Sheet executed between MONEXO and Borrower, from time to time;

“Loan Period” means the period for which the Relevant Funds are lent under any Relevant Transaction to be determined in accordance with Clause 6.2

“Material Adverse Effect” means any event which in MONEXO’s opinion would have an adverse effect on (i) Borrower’s ability to pay the Borrower’s Dues or (ii) recoverability of the Borrower’s Dues;

“Member” means any prospective lender who has been successfully registered with MONEXO as a participant.

“MONEXO“, “we” or “us” means Monexo Fintech Private Limited [CIN No. U65921TN2016PTC103548], a company incorporated under the Companies Act, 2013 in India whose registered office is at 65, Velachery Main Road, Little Mount, Saidapet, Chennai 600 015.

“Money Lending Regulations” shall mean any or all of the Monely Lending statutes enacted by the various states of India.

“Offer Date” has the meaning at Clause 6.4.

“Offer Period” shall mean the period of thirty (30) days commencing on and inclusive of the Offer Date.

“Offered Interest Rate” has the meaning at Clause 6.3.

“OutstandingAmounts” means all amounts of principal and Interest outstanding under any Relevant Transaction.

“Overdue Interest Rate” means the default interest as prescribed in the Loan Details Sheet which is payable on all amounts which are not paid on their respective Due Dates;

“Purpose” means the utilization of each Drawdown as mentioned in the Loan Details Sheet.

“RBI Regulation” means the Master Direction DNBR (PD) 090/03.10.124/2017-18 dated October 4, 2017 issued by the Reserve Bank of India titled peer to peer lending platform (Reserve Bank) Directions, 2017 and any other modifications and clarifications made thereof.

“Relevant Transaction” means a Transaction under which you borrow funds from a Lender.

“Repayments” means repayments by you of principal and/or Interest under any Relevant Transaction.

“Screening Grade” means a grading for your own creditworthiness (or in the case of a corporation, the creditworthiness of the individuals owning that company) published by MONEXO on the Apps.

“Target Funding” has the meaning at Clause 6.1.

“Terms” means these Borrowers’ Terms and Conditions.

“Transaction” means any loan transaction with Members in which you may wish to participate through the Apps.

“User Terms” means the terms of use for the Apps already accepted by you.

“Warranties” means those warranties given by you and listed at Clause 4.4.

“Apps” means and includes the mobile app or www.monexo.co/in website which is the intermediary providing the services of loan facilitation via the electronic medium to the Borrowers and Lenders defined herein.

“You” or “Borrower”means any person applying to become a borrower registered as a participant with MONEXO

In this Terms & Conditions (a) the singular includes the plural (and vice versa) and (b) reference to a gender shall include references to the female, male and neutral genders.

2. APPS USER TERMS

2.1 The User Terms that you have already accepted when accessing the Apps and shall continue to apply during the registration process with MONEXO and, whilst you use the Apps for the purpose of any prospective Transaction.

2.2 Without prejudice to the generality of Clause 2.1:

  1. Details of any potential Transaction being posted on the Apps will not amount to an offer or solicitation of any nature by MONEXO.
  2. Any information, projection or assumption included on the Apps or generated by MONEXO is not intended to give you any legal, financial, taxation or other professional advice.
  3. Should you propose to borrow any money using the Apps, you are strongly advised to obtain appropriate independent professional advice before proceeding.
  4. No warranties or representations (whether express or implied) are made by MONEXO or anyone connected with MONEXO (including their officers, agents, employees, affiliates and/or advisers) concerning the completeness, accuracy or reliability of any matter included on the Apps or any other information provided by MONEXO to you or to any Member in connection with any potential Transaction or any MONEXO product or service.
  5. MONEXO is not responsible for any delays or loss of or corruption of data as a result of either the use of the Apps by you or your communications over the internet with MONEXO, which are entirely at your risk. We will not accept any responsibility for any losses, claims or damages of any kind, whether direct or indirect or special or consequential or otherwise howsoever arising in relation to the foregoing.

3. MONEXO

3.1 MONEXO is not in the business of lending money or making loans but rather is a platform permitting prospective borrowers and lenders to directly enter into loan transactions with one another as well as carrying out risk assessment and support services to prospective borrowers and lenders.

3.2 No persons are permitted to use the MONEXO platform to provide for interest rates deemed to be excessive under the prevalent laws in India or which are otherwise unenforceable at law..

3.3 MONEXO’s products and services are regulated by Reserve Bank of India as per RBI’s Master Direction DNBR PD(090) /03.10.124/2017-18 dt.October, 04, 2017. MONEXO is a registered NBFC-P2P as per the above referred Master Direction and is qualified to offer products and services.

3.4 MONEXO is not operating a Portfolio Investment Scheme as defined under the regulations of Securities Exchange Board of India (SEBI) and Members will retain discretion over the Funds described in the manner in these Terms.

4. REGISTERING WITH MONEXO

4.1 Only those persons who accept the User terms and these Terms shall have the ability to participate in the Transactions.

4.2 Eligibility:

An individual/ Sole Proprietorship may register as a Member if:

  1. The individual is a resident of India as per the Foreign Exchange Management Act, 1999 (FEMA).
  2. The individual must have a valid identity and residence proof including and not limited to an Aadhar card.
  3. The individual mut have a valid operative bank account.
  4. The individual must have a vaild PAN card issued by the Government of India.

A company may register as a Member if

  1. The company is incorporated under the Indian Companies Act 1956/ 2013 and has its registered office in India;
  2. The company holds valid charter documents, including but not limited to, its Memorancdum of Association, Articles of Association and Certificate of Incorporation;
  3. The company has a valid operative bank account in India; and
  4. The company holds a valid Permanent Account Number (PAN) card issued by the Government of India.

A Limited Liability Partnership (LLP) may register as a Member if:

  1. The LLP is incorporated under the Limited Liability Partnership Act, 2008 and has its registered office in India
  2. The LLP should hold valid charter documents, including but not limited to, its registered LLP Agreement and Certificate of Incorporation;
  3. The LLP has a valid operative bank account in India; and
  4. The LLP holds a valid Permanent Account Number (PAN) card issued by the Government of India.

A Partnership, under the Indian Partnership Act 1932, may register as a Member if: 

  1. The Partnership should hold valid charter documents, including but not limited to, its registered Partnership Agreement; and 
  1. The Partnership has a valid bank account in India; and 
  1. The Partnership has a valid operative bank account in India; and 
  1. The Partnership holds a valid Permanent Account Number (PAN) card issued by the Government of India. 

A Partnership, under the Indian Partnership Act 1932, may register as a Member if: 

  1. The Partnership should hold valid charter documents, including but not limited to, its registered Partnership Agreement; and 
  1. The Partnership has a valid bank account in India; and 
  1. The Partnership has a valid operative bank account in India; and 
  1. The Partnership holds a valid Permanent Account Number (PAN) card issued by the Government of India. 

4.3 By accepting these Terms as a prospective Borrower, you warrant that you are an "Approved Person", namely, that you are:

  1. Eligible to borrow in India and resident in India as per FEMA and also a citizen of India or in the case of a corporation, incorporated in India; and
  2. Eligible to borrow money as per the RBI Regulations and have/ will not at any point in time exceed the aggregate notified cap on loans to be taken across all peer to peer lending platforms which is currently Rs. 10,00,000/- ( Rupees Ten Lakhs); and’
  3. a person above the age of Eighteen (18) years and eligible to contract per Indian Contract Act, 1872; and
  4. a person who is not involved in activities that applicable anti money laundering and counter terrorist financing legislation and regulations; and
  5. a person who is not prohibited by any applicable laws from participating in any of the products or services offered by MONEXO; and
  6. A person who is either a salaried employee, self-employed person, independent professional or is engaged in any other occupation or profession for profit with valid documented proof of such earning.

4.4 MONEXO has the right to either (i) refuse an application of any person to register with MONEXO or (ii) to notify anyone already registered with it that they cease to be registered with immediate effect, in each case without giving any reason and without incurring any liability.

4.5 It is a condition that anyone attempting to register as a prospective borrower with MONEXO provides details of their income and financial status and, in so doing, warrants to us by these Terms, for our own benefit and for the benefit of any Lender, that for so long as there are any Outstanding Amounts in respect of a Relevant Transaction:

  1. you are not an undischarged bankrupt;
  2. no litigation, arbitration or administrative proceeding is currently taking place or pending or threatened against you or any of your assets or revenues
  3. all financial and other information supplied to MONEXO by or on behalf of you in connection with the Target Funding (as defined herein) is and will be complete and accurate in all material respects and not misleading;
  4. you are not in default under any law, regulation, judgment, order, agreement or obligation applicable to you or your assets or revenues, the consequences of which could materially and adversely affect your business or financial condition or your ability to perform your obligations as required pursuant to the Relevant Transaction
  5. if there is any change or discrepancy in any financial and other information provided by you to MONEXO, you warrant to immediately notify MONEXO of such discrepancy

the foregoing together being the "Warranties" .

4.6 You agree that MONEXO, (directly or through any thrid party) will undertake credit and anti money laundering checks in respect of your application to be registered with MONEXO and will require other relevant information of you personally, with which process you agree to fully and honestly co-operate. We would remind you of our privacy policy and particularly the persons with whom we are permitted to share the information that you provided to us.

4.7 In the event that any information provided by you is believed by MONEXO, in its absolute discretion, to be incorrect, MONEXO reserves the right to (i) amend the same (subject to the terms of our privacy policy) and/or (ii) suspend your membership until such information is corrected or verified to MONEXO's satisfaction.

4.8 Any instruction received from your nominated email account shall be deemed to bind you without any further duty of enquiry on MONEXO. This provision shall apply whether you are an individual, co-borrowers, partnership or a company.

5. ADMINISTRATIVE SERVICE PROVIDER

5.1 For the purposes of these Terms, the "Administrative Service Provider " shall be such person as is appointed by MONEXO from time to time to disburse any Loan to you and to receive the Repayments from you. It is further explicitly clarified that the Administrative Service Provider will not be the Lender for the purposes of the Loan and will purely be providing payment services for the Borrower and Lenders as described in the Terms as provided in the RBI Regulations.

5.2 The Administrative Service Provider currently is IDBI Trusteeship Services Limitedhaving its registered office atAsian Building Ground Floor, 17, R.Kamani Marg, Ballard Estate, Mumbai – 400 001and any changes of Administrative Service Provider will be posted on the Apps.

5.3 MONEXO confirms that it will, at all times, instruct the Administrative Service Provider to keep:

  1. Repayments segregated from its own monies; and,
  2. records showing clearly any sums advanced to borrowers and Repayments made by borrowers.

5.4 It is a condition of the Administrative Service Provider agreeing to act in such capacity that you confirm to MONEXO by these Terms for the benefit of the Administrative Service Provider that, save for the Administrative Service Provider's compliance with these Terms, the Administrative Service Provider will have no further obligation to you.

5.5 In the event that MONEXO is unable to continue to operate the Platform, then MONEXO will procure that, under its agreement with the Administrative Service Provider, the Administrative Service Provider will use its reasonable endeavours to provide a basic service to receive payments in respect of then-subsisting Transactions subject to the payment to the Administrative Service Provider of like fees as would otherwise be payable to MONEXO pursuant to these Terms. However, in such circumstances, the Administrative Service Provider shall not be involved in the creation of any new Transactions.

5.6 MONEXO will work with the Administrative Service Provider to endeavour to ensure that the quantum of the Outstanding Amounts are accessible by you on the Apps and are updated on the Apps on a regular basis, provided that neither the Administrative Service Provider nor MONEXO shall be liable for any delay in updating such information.

5.7 MONEXO will send you emails from time to time advising you of the Outstanding Amounts and any other information concerning a Relevant Transaction based on the books maintained by the Administrative Service Provider and, unless you raise an objection by email to MONEXO within 30 days of being so informed by MONEXO, you will be deemed to have accepted the contents of the advice sent to you and will be bound by the same.

5.8 In the event that an Administrative Service Provider is unable (whether due to insolvency or other incapacity) then MONEXO shall endeavour to appoint an alternative Administrative Service Provider and shall not be responsible for any losses pending such a new appointment.

5.9 Without prejudice to the generality of any other provision in these Terms, neither MONEXO nor the Administrative Service Provider shall have any obligation to provide any services where an event of Force Majeure or other circumstances beyond their control prevents either or both of them from performing their services for so long as such event is outstanding.

6. TRANSACTIONS

6.1 In the course of registration, MONEXO will enquire from you the amount of monies that you would require to borrow under a proposed Transaction ("Target Funding").

6.2 Having established the Target Funding, MONEXO will inform you of (i) the Screening Grade that it proposes to apply to the proposed Transaction; (ii) the rate of Interest payable thereunder ("Fixed Interest Rate") and (iii) the proposed Loan Period

6.3 Having been informed by MONEXO in accordance with Clause 6.2, you shall have the option to:

  1. Not proceed with the proposed Transaction;
  2. Proceed with the proposed Transaction at the Fixed Interest Rate for the Loan Period; or
  3. Decline the proposed Fixed Interest Rate and propose a Transaction at an alternative rate of interest (“Offered Interest Rate”) for the Loan Period.

6.4 Should you indicate to MONEXO to proceed with a Transaction either at a Fixed Interest Rate or an Offered Interest Rate then the said instruction shall be an irrevocable instruction by you to MONEXO to seek offers from Members to participate in the Relevant Transaction. MONEXO will post details of the Relevant Transaction on the Apps on the "Offer Date". In such circumstances, you are not permitted to withdraw your irrevocable instructions until after the expiry of the Offer Period and if, by that time, a Relevant Transaction has been concluded in accordance with Clause 7, you will be bound by the terms of the Relevant Transaction even if you have requested MONEXO to withdraw prior to then.

7. COMPLETED TRANSACTION

7.1 If MONEXO shall:

  1. Receive confirmations from Members of at least 60% of but less than 100% of the Target Funding by the expiry of the Offer Period, then the Administrative Service Provider will be immediately authorised to release to you the amount so confirmed (“Loan”) on the expiry of the Offer Period;
  2. Receive confirmations from Members before the expiry of the Offer Period equal to or in excess of the Target Funding, then the Administrative Service Provider will be immediately authorised to release an amount equal to the Target Funding to you as the Loan; or
  3. Not receive confirmations from Members of at least 60% of the Target Funding by the expiry of the Offer Period, then the proposed Transaction shall automatically lapse. The lapse of the transaction shall be automatically transmitted to you.

7.2 n the event that a Loan is made to you in accordance with Clause 7.1(i) or (ii) then, without prejudice to the generality of these Terms, you will be deemed to have agreed that the following "Borrower Terms" will apply with effect from the initial Drawdown Date for each individual transaction entered into by you and for so long as there are any Outstanding Amounts:

  1. Each Lender whose Funds form part of the Loan is deemed to have individually lent those Funds to you for the Loan Period at the Fixed Interest Rate or the Offered Interest Rate (depending upon your election under Clause 6.3);
  2. You warrant to each Lender in the form of the Warranties;
  3. You further jointly and severally undertake to each of the Lenders:
    • that you will pay Interest on the due date of each english calender month during the Loan Period;
    • that the Loan and all accrued Interest must be paid by the end of the Loan Period;
    • that any early repayment shall still require repayment of all Interest that would have accrued up to the expiry of the Loan Period;
    • that all repayments of the Loan and/or Interest will be made without set off and will be paid to the account nominated by the Administrative Service Provider unless otherwise notified in writing by MONEXO or in the circumstances referred to at Clause 8.2; and
    • that in the event of any breach by you of the Borrower Terms or if you shall be declared bankrupt or insolvent or enter into a composition with your creditors all of the Loan and Interest shall immediately become due and thereafter, a default interest rate as prescribed by the Schedule to these Terms above the Fixed Interest Rate or the Offered Interest Rate (as the case may be) shall apply.
    • That you are aware that the details of personal identity of the lenders are not disclosed as mandated by the Master Directions of the Reserve Bank of India and you agree that the same will not be questioned in the event of a dispute on repayment of the loan.

8. DEFAULT

8.1 In the event that you are in arrears in respect of any Relevant Transaction, MONEXO shall immediately, in its absolute discretion, retain the right to refer this matter to a collection agency / law firm of MONEXO's choosing, to take suitable action as per prevalent laws to recover the dues of the lenders and, in so acting, MONEXO will act as the agent for each Lender.

8.2 In the event that the collection agency referred to at Clause 8.1 is unable to recover any of the claimed sums within forty five (45) days of their appointment, and if any Lender ("Exiting Member") so elects in writing to MONEXO, MONEXO shall deliver up to that Exiting Member those details of your identity, contact details and such further or other information collected with regard to your association with MONEXO along with the relevant loan documentation which are known and available to MONEXO and thereafter MONEXO and the Administrative Service Provider may not have any further involvement in respect of the Relevant Transaction in so far as it relates to the Exiting Member.

8.3 Notwithstanding anything in this Agreement, the Borrower hereby agrees and understands that the details of the Borrower and the Relevant Transactions of the Borrower (Transaction Details) shall be provided to all Credit Information Companies set up under Credit Information Companies (Regulation) Act, 2005 and accordingly the Transaction Details will be reflected in their systems in order to record the Borrower's credit worthiness.

9. LIMITATION ON LIABILITY AND INDEMNITY

9.1 In addition to the other limitations in these Terms, you specifically confirm your understanding that MONEXO's sole function is to provide its Platform on the Apps in accordance with the RBI regulations and these Terms. MONEXO is not making any representation concerning any Lender participating on its Platform and MONEXO shall have no liability in respect of any losses incurred by you resulting from any incorrect or misleading information being given in respect of any Lender.

9.2 You further agree and confirm that you will be responsible for all legal obligations that may apply anywhere in the world in relation to any Relevant Transaction including but not limited to any taxation filings and payments to which you may be subject.

9.3 In the event of any claim made by any party against MONEXO resulting from incorrect or incomplete information provided by you to MONEXO or a breach of your obligations under Clause 9.2, then you agree to indemnify and hold MONEXO, the Administrative Service Provider and their respective officers, agents, employees and affiliates harmless against all damages, losses, costs and claims thereby incurred.

10. COSTS

10.1 It is a condition of being registered with MONEXO that you agree to be responsible for (i) all of MONEXO's costs and disbursements in relation to any Transaction in which you participate; and, (ii) all of MONEXO's and the Lenders' costs and expenses on a full indemnity basis in respect of any default by you under the Loan.

10.2 Details of MONEXO's costs appear in the schedule to these Terms but may be subject to revision by MONEXO in its absolute discretion and from time to time. In the event that such revisions are made, MONEXO will post a notice of revised costs on its Apps not less than 30 days prior to such revisions taking effect.

11. GENERAL

11.1 In the event of any conflict between these Terms and the User Terms, these Terms shall prevail.

11.2 All notices delivered to you under these Terms shall be sent to the latest email address that MONEXO has on its records for you. Such notice shall be deemed to be sent at the time of dispatch.

11.3 Any notice to MONEXO shall be deemed to have been valid only if received by MONEXO at its registered office at 65,Velachery Main Road, Little Mount, Saidapet, Chennai 600 015 or the e-mail id cs@monexo.co

11.4 Any changes to these Terms ("Changes") shall be posted on the Apps not less than 30 days prior to their adoption and a notification shall be sent to you if such prospective changes affect disbursement schedule, interest rates, service charges, prepayment charges etc. Unless you repay the entirety of the Loan and all Interest that would have accrued to the end of the Loan Period the Administrative Service Provider to return all Funds to you prior to the date of adoption of the Changes, you will be deemed to have accepted those Changes.

11.5 For the purposes of any time limitation in these Terms, time shall be of the essence.

11.6 These Terms may be translated into other languages but, in the event of any conflict between versions, the English language version shall prevail.

11.7 Governing Law - This Terms contained herein shall be governed by and constructed in accordance with the laws of India subject to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu, India.

11.8 DisputeResolution – All disputes, differences and / or claims arising out of these presents or as to the construction, meaning or effect hereof or as to the right and liabilities of the parties under the Financing Documents shall be settled by arbitration in accordance with the provision of the Arbitration and Conciliation Act, 1996 or any statutory amendments thereof or any statute enacted for replacement thereof and shall be referred to the sole Arbitration of a person to be appointed by MONEXO. The place of arbitration shall be Chennai and proceeding shall be under fast track procedure as laid down in Section 29(B) of the Act. The awards including interim awards of the arbitration shall be final and binding on all parties concerned. The arbitrator may pass the award without stating any reasons in such award. The arbitration proceedings shall be in the English language.

Further, the present clause shall survive the termination of Financing Documents. The Courts at Chennai, India shall have exclusive jurisdiction (subject to the arbitration proceedings which are to be also conducted in Chennai, India) over any or all disputes arising out of the Financing Documents.

11.9 Assignment / Sale/ Transfer–

11.9.1 MONEXO may assign any of its responsibilities/obligations to any other person without any prior notice to the Borrower at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other party, unless a written consent is taken from MONEXO.

11.9.2 The Borrower expressly recognizes and accepts that the Lender shall be absolutely entitled and have full power and authority to sell, assign or transfer in any manner in whole or in part, any or all outstanding dues of the Borrower, to any other Lender on the Platform, without reference to or without written intimation to the Borrower and in the manner as provided in the Lender Terms.

11.9.3 MONEXO has no obligation to provide any notice to the Borrower of any such sale or tranfer of the outstanding dues of the Borrower and the Borrower waives any requirement for it to sign, or receive copy of any documentation evidencing such transfer and agrees that it will be bound by any such transfer of the Loan. The Borrower's rights and obligations under a Loan or Transaction that has been transferred shall not be adversely affected in any way by that transfer.

11.10 Waiver- Failure by MONEXO to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

11.11 Force Majeure- MONEXO is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

11.12 Interpretation - In this Terms, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Terms; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Terms; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Terms to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Terms; and any reference to a time limit in this Terms means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.

11.13 MONEXO reserves the right to terminate your registration without any notice on its Apps upon the occurance of the following:-

11.13.1 Your appearance on any list of defaulting individuals, individuals having a criminal record, etc whihc may be issued by any regulatory or legal authority especially any such list issued by the Reserve Bank of India.

11.13.2 Regular defaults and unprofessional, unruly conduct by you against any participant or any employees, agents of MONEXO upon complete repayment of the loan provided on the Platform.

11.14 Severability

The Borrower acknowledges that each of his /her obligations under these Financing Documents is independent and severable from the rest.

The Borrower acknowledges that each of his /her obligations under these Financing Documents is independent and severable from the rest.

SCHEDULE

Loan Processing Fee – as given below

Loan ProductMonexo Fees (including GST)
Diamond6.49%
Elite6.49%
Grand7.67%
Smart7.67%
Freedom11.8%
Freedom NTC11.8%
Student11.8%
Mini Loan (Upto Rs. 1000)11.8%

Mini Loan (Upto Rs.2000)

11.8%
 
Micro SED Loan5.90%
Micro SEW Loan5.90%
Micro SEBW Loan5.90%

Micro SEM Loan

5.90%

  • Delinquency Penalty Charges – Additional Rs.20/- per day of continuing default for every Rs.1,000/- of EMI / OVERDUE EMI amount.
  • Pre Payment Fees – Nil
  • GST at applicable rates shall be paid on the above Delinquency penal charges. The Borrower shall be bound and liable to bear, pay and discharge all taxes including Goods And Services tax (GST), statutory and other liabilities, cess, duties, fees, etc. imposed by the relevant statutory and local authority. The Borrower shall also deduct tax at source (TDS), if applicable, and shall provide the TDS Certificates or any other document evidencing the taxes deducted at source by the Borrower from the payments made to MONEXO as and when required by MONEXO.

Electronically signed as prescribed in Information technology Act, 2000 as per below mentioned authentication:

CID Customer Name Email Phone
       
Date and Time IP Address Requested Loan Amount Requested Tenor
       

Loan Offer Acceptance

CID Customer Name Email Phone
       
Date and Time IP Address
       
LAI# Offered Loan Amount (Rs.) Tenor (months) Interest Rate (pa)
       

Loan Disbursed to Borrower

CID Customer Name Email Phone
       
Date and Time IP Address LAI#
       
Disbursed Loan Amount Tenure Interest Rate EMI
       

Lender Annexure

CID of Lender Booking Order No Booking Order Amt Booking Order Amt Date/Time/IP Address
         
         
         
         

Last Updated on 26th July 2024

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