TERMS AND CONDITIONSFOR www.omlp2p.com
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY. THESE TERMS AND CONDITIONS FORM A LEGAL AGREEMENT BETWEEN OHMY TECHNOLOGIES PRIVATE LIMITED (“OMTPL”) AND YOU.
1.1 OMTPL is engaged in the business of providing a digital borrowing&lending platformthrough this Website which connects Investors(hereinafter defined) and Borrowers (hereinafter defined) through this Website.
1.2 These Terms and Conditions set out the provisions in accordance with which you are allowed to view, access and/or use this Website and/or the Services and/or the Content. These Terms and Conditions are applicable to all theUsers (defined hereinafter) of this Website.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.2 OMTPL has the right to Update (defined hereinafter) these Terms and Conditions from time to time, without prior notice. Any Update made to these Terms and Conditions shall become effective immediately upon it being published on this Website. We recommend that you visit this Website from time-to-time to view these Terms and Conditions and to become aware of any Updates or material changes.
“Account” shall mean the account opened by the User on this Website subsequent to the registration process on this Website and shall include both Borrower account and Investor(interchangeable with the word “Lender”) account.
“Applicable Laws” shall mean the laws of India.
“Borrower” shall mean any Person registered on this Website as a borrower.
"Content" includes, without limitation any location information, recommendations, reviews, videos, audio clips, comments, data/information, text, photographs, software, scripts, graphics, and interactive features visible/ generated/ provided or otherwise made accessible on any Internet Based Platform or this Website.
“Data” shall mean any and all data pertaining to the User and/or the Registered User and/or the Borrower and/or the Investor, as the case may be, and shall include without limitation: (i) all data or information entered on this Website or provided to us in any other manner, such as while communicating to us to seek some information or help, or subscribing to our bulletins or newsletter (if any), etc. (ii) data or information pertaining to you that we may collect from any other internet based websites and/or Internet Based Platforms you access/use or subscribe to or are registered on and/or your internet protocol (IP) address from which you access this Website, the browser type and operating system you use, your clickstream patterns, web beacons, the dates and times this Website is accessed, internet and domain host names, etc. (iii) all data and information pertaining to you, including without limitation, name of User, postal address, email address, pan number, tan number, income tax returns, bank account number, Aadhar card details, passport details, telephone numbers, mobile phone numbers, photographs, bank statement, source of income and/or income details, credit card number and/or statements, the Loan and payment history, statement of investments, business related information, employment related information, amount of the Loan required, purpose of the Loan required, reasons for seeking the Loan and all proofs or supporting papers pertaining to any of the foregoing, such as pan card, Aadhar card, passport, voter ID, driver’s licence, email verification, OTP, cell phone bill, etc, and all other such data or information and (iv) your computed data from all or any of the foregoing to administer this Website and improve its functions.
“Guarantor” shall have the meaning ascribed to it in the Loan Agreement.
“Internet Based Platform” shall mean any interactive internet based platform whether used for purposes such as social/professional interaction and/or for e-commerce and/or for business/trading purposes and/or education/learning and/or gaming, etc., by means of or through which any persons post/share/access/collect data or information through the use of any device or instruments such as computers, laptops, mobile phones, tablets, etc., and includes without limitation, Facebook, Twitter, LinkedIn, Instagram, Snapchat, Pinterest, Amazon, Flipkart, EA Sports, Miniclip, etc.
“KYC Documents” shall mean all documents and information required to be provided by the Borrower or the Investor, as the case may be for the purpose of identification, whether required under Applicable Laws or under this Website.
“Investor” shall mean any person that is registered on this Website as aInvestor or lender, The word “Investor” is interchangeable with the word “Lender” and carry the same meaning throughout the documents.
“Linked Destination” shall mean any third-party websites and Internet Based Platforms, the links to which appear on this Website.
“Loan” shall mean the loan that you may apply for through this Website and which may be sanctioned and granted by the Investor, subject to the applicable terms and conditions of the Loan Agreement.
“Loan Agreement” shall mean the loan agreement to be executed between the Investorand the Borrower for granting the Loan, whether in physical or electronic form, as may be applicable from time-to-time.
“OMTPL Parties” shall mean in relation to OMTPL, its directors, employees, partners, agents, third-party associates, holding company (if any), subsidiary company (if any), assignors, successors, affiliates, licensors.
“P2P RBI Master Directions” shall mean the Master Directions on Non-Banking Financial Company- Peer to Peer Lending Platform (Reserve Bank) Directions, 2017 issued by the Reserve Bank of India on 4 October 2017, as amended from time to time.
Person” shall mean any of the following: an individual, akarta of a Hindu undivided family (HUF) acting on behalf of such HUF, sole proprietorship firm, partnership firm, limited liability partnership (LLP), company, as the case may be.
“Registered User” shall mean any User who has created an Account and is registered on this Website.
“Service(s)” shall have the meaning ascribed to the term in Clause 5.
“Terms and Conditions” shall mean these Terms and Conditions, as may be Updated from time to time.
“Transaction Documents” shall mean:
(i) the application form
(ii) the KYC Documents
(iii) the Loan Agreement
(iv) these Terms and Conditions
(vi) any and all writings and other documents executed or entered into between the Borrower and the Investor(s), in relation, or pertaining, to the Loan and each such aforesaid transaction document as amended from time to time.
“Update” shall mean and include any changes, modifications or amendments to these Terms and Conditions or any parts hereof and shall also include, without limitation, the replacement of these Terms and Conditions in their entirety and “Updated” used with reference to these Terms and Conditions shall be construed in accordance with the foregoing.
“User” or “End-User(s)” or “you” or “your” shall mean any person who accesses, downloads, uses and/or views this Website and/or the Services and shall include without limitation, any Registered User - Borrower and Investor.
“Website” or “our Website” or “the Website” or “this Website” shall mean www.omlp2p.com, which is owned by OHMY Technologies Private Limited.
Unless the context of these Terms and Conditions otherwise requires:
4.1 words of any gender include each other gender
4.2 words using the singular or plural number also include the plural or singular number, respectively
4.3 the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to the entire of these Terms and Conditions and not to any particular clause, article or section of these Terms and Conditions
4.4 whenever these terms and conditions refers to a number of days, such number shall refer to calendar days unless otherwise specified
4.5 all accounting terms used herein and not expressly defined herein shall have the meanings given to them under the Indian generally accepted accounting principles
4.6 headings and captions are used for convenience only and shall not affect the interpretation of these Terms and Conditions
4.7 references to, recitals Clauses, sub-clauses, shall be deemed to be a reference to the recitals clauses, sub-clauses of these Terms and conditions
4.8 any reference to any statute or statutory provision shall include:
4.8.1 all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated) and
4.8.2 such statute or provision as may be amended, modified, re-enacted or consolidated.
4.9 the word “including” herein shall always mean “including, without limitation”
4.10 words / phrases not defined in these terms and conditions shall not be assigned such meaning which derogates or detracts from, in any way, the intent of these Terms and Conditions.
By means of this Website, OMTPL provides a platform for connecting the Borrowers and the Investorsto facilitate borrowing and lending on or through this Website and such services that are incidental, ancillary or connected therewith)(collectively referred to as the “Service(s)”). OMTPL does not undertakeany borrowing or lending activities or holdany license which is regulated by the Reserve Bank of India or any other regulatory authority to act asthe Investor. OMTPL or this Website does not take responsibility or liability to match
the Borrower with the Investor or vice versa and/or to ensure the giving or procurement of aLoan and/or recovery ofaLoan. OMTPL does not make any promise and/or representation that your loan requirement will be listed and/or satisfied on this Website and/or that a Loan will be provided to you. OMTPL does not take any responsibility or liability with regard to the negligent acts or omissions of the Borrower or the Investor.
6. REGISTRATION AND ELIGIBILITY
6.1 In order to avail of/view the Services and/or Content youare required to create an Account and become a Registered User. Creation of an Account involves the following:
(i) Filling in your basic personal information on this Website such as name, date of birth, e-mail id, contact number of the User etc. and/or updating existing personal information or providing further personal information based on any revisions to the eligibility criteria as required by us
(ii) Creating a login id and password and
(iii) Completing your email id and mobile number verification.
6.2 You hereby represent and warrant that you meet the eligibility criteria for User and/or Registered User and/orInvestorand/or Borrower as the case maybe and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. You shall not create more than one Account with this Website or sell/transfer the rights to access/use your Account to any third party. OMTPL reserves the right to suspend your Account without any notice or explanation, if any Data/information provided by you is untrue, inaccurate, misleading, incomplete (or becomes incomplete, misleading, untrue or inaccurate) or if OMTPL at its discretion perceives the Data/information not to be in accordance with the business principles or ethics of the Website.
7. REGISTRATION AS A INVESTOR
For provisions relating to registration as aInvestorand applicable broad terms, please refer to Annexure "A”.
8. REGISTRATION AS A BORROWER
For provisions relating to registration as a Borrower and applicable broad terms, please refer to Annexure "B”.
9. USER SUBMISSION
By using this Website and/or the Services, you grantOMTPL a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, perform, display and otherwise fully use your Data in connection with this Website and/or the Services and our business and/or the business of any of the OMTPL Parties, including without limitation to promoting and redistributing part or all of this Website (and derivative works thereof) and/or the Services. You also hereby do and shall grant each User of this Website, including third party media, a non-exclusive license to access your Data through this Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, perform and display it in their use of this Website.
OMTPL grants you a non-transferable, non-exclusive, revocable, limited license to access and make use of/viewthis Website, the Content and the Services only as expressly permittedin these Terms and Conditions. OMTPL may, from time to time, update or modify this Website, release new versions of this Website, which may, at OMTPL’s discretion, be included within the said license. You agree not to copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and/or other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of the Content in whole or in part except as expressly authorized by us. You shall not be permitted to sublicense or transfer any of your rights and/or obligations laid down in these Terms and Conditions including, without limitation, access to this Website. OMTPL reserves the right to prevent or restrict your access to this Website and any contravention of the provisions of these Terms and Conditions by you shall terminate the said license granted to you by OMTPL.
11.1 We are the exclusive owners of this Website and the Content along with the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights (“Intellectual Property Rights”) associated with the Website and/or the Content and/or the Services, which
may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws.
11.2 You acknowledge that the Content consists of original works and have been developed, compiled, prepared, revised, selectedand arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of ours and such others. You further acknowledge that the Content may contain information which is designated as confidential by OMTPL and that you shall not disclose such information without OMTPL’s prior written consent.
11.3 You shall only access and view the Website and/or the Content personally and for non-commercial purpose in compliance with these Terms and Conditions. You shall not distribute, reproduce, duplicate, reverse engineer, or disassemble in any medium any part of the Service or the Content or access, monitor or copy any part of the Content using any automated or manual process, or any robot, spider, scraper or by any other means for any other purposes whatsoeverwithout OMTPL's prior written authorization.
11.4 You shall not remove, alter, bypass or avoid in any medium any part of the copyright, trademark, or other proprietary notices marked on the Website and/or the Services and/or the Contentor violate the restrictions in any robot exclusion headers on this Website or circumvent any other measures used to limit or prevent access to this Website. You shall not deep-link any part of this Website, or “frame, “mirror” or incorporate any part of this Website into any other website without our prior written authorization.You shall not, without OMTPL’s prior written consent, create derivative works or materials that otherwise are derived from or based on the Content, including montages, mash-ups and similar videos, wallpaper and desktop themes, etc.
11.5 Finally, by using this Website and/or the Services and/or the Content, you agree not to take any action that, in our sole discretion, subjects the infrastructure of this Website to an unreasonable or disproportionately large load.
12. USE OF THE WEBSITE
OMTPL is committed to providing a safe User experience and no User shall use or access this Website for any of the following purposes without our express consent:
(i) No User shall host, display, upload, modify, transmit, update or share Data of another person that is: i) belonging to another person which the User has no right to ii) defamatory, libelous, obscene, pornographic, pedophilic, blasphemous, grossly harmful, hateful, racist, ethically offensive or disparaging iii) harmful to any minor in any way iv) deceiving or misleading with regard to the origin of a message or the communication of any Data which is offensive or menacing, or v) contains any software virus or computer codes, files or programs that are used or could be used to interrupt, destroy or limit the functionality of any computer resource.
(ii) No User shall use or access this Website for money laundering and/or gambling and/or to impersonate another person, in any manner that violates any law being in force at the time, or in any manner that infringes any patent, trademark, copyright or proprietary rights or for any other unlawful purpose whatsoever.
(iii) No User shall use or access this Website in any manner that could damage, disable, overburden or impair this Website, or could cause an obstruction to the use and enjoyment of this Website by any other Users and/or Persons.
(iv) No User shall upload, post, email, transmit or otherwise make available any unauthorized adverts, promotional materials, or any form of religious, political, commercial or non-commercial solicitation or bulk communications of any kind to any other Users or Persons.
(v) No User shall in any way exploit this Website to i) threaten the unity, integrity, defense, security or sovereignty of India ii) obstruct friendly relations with or insult any foreign states iii) disrupt public order in any way iv) abet or encourage the commission of any cognizable offence, or v) prevent the investigation of any offence.
13. END-USE OF THE SERVICES
13.1 You hereby represent and warrant that you are using and/or accessing this Websiteand/or theServices for lawful purposes.
13.2 Furthermore, each Investor hereby also represents and warrants that:
(i) The funds used for the purpose of lending and advancing the Loan have been obtained from a lawful and genuine source and have not been obtained in an unlawful, unethical or immoral manner
(ii) The exposure of such Investor to any given Borrower across all peer to peer lending platforms shall be within the cap provided under the P2P RBI Master Directions and
(iii) The aggregate exposure of such Investor to all borrowers (including all Borrowers), across all peer to peer platforms shall be within the cap provided under the P2P RBI Master Directions.
13.3 Each Borrower hereby also represents and warrants that:
(i) The Loanshall not be used for any unlawful purposes and
(ii) The aggregate loans taken by the Borrower, across all peer to peer lending platforms (including the Loan) shall be within the cap provided under the P2P RBI Master Directions.
14. ACKNOWLEDGMENTS BY THE USER
14.1 You hereby acknowledge and agree that:
(i) You are responsible for all applicable taxes and for all costs that are incurred in using this Website and/or the Services.
(ii) OMTPL does not take any responsibility for the authenticity of the Data provided by the User or any other third party in relation to this Website and/or the Content and/or the Services.
(iii) OMTPL is not liable to refund any fees paid towards availing the Services in case of non-closure of the transaction.
(iv) You are in compliance with all Applicable Law in the course of the usage of this Website and/or in provision by you of any Data and/or KYC Documents and/or execution of any Transaction Documents and/or undertaking any actions or transactions in furtherance of the Transaction Documents and all such other matters pertaining to the usage of this Website.
(v) The transactions contemplated/undertaken by you under the Transaction Documents shall be in compliance with the P2P RBI Master Directions.
(vi) You are solely responsible/liable for all risks associated with using this Website and/or availing the Services and/or execution of any Transaction Documents and/or any transactions contemplated thereunder, etc.
15. OWNERSHIP AND INTELLECTUAL PROPERTY
15.1 All Content on this Website and/or the Services or other incidental services thereto, including but not limited to the look and appearance of this Website and all intellectual propertyis/are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of India. The selling, licensing, transmitting, publishing, editing, adapting, modifying, reproducing, distributing, creating derivative works of, publicly displaying, removing, obscuring, altering or in any way exploiting or infringing our intellectual property, in whole or in part, is strictly prohibited. OMTPL reserves the right to suspend or de-activate your Account on suspicion of your involvement with the violation of any or all our Intellectual Property Rights.
15.2 Nothing contained on this Website or in connection with the Services (as the case may be) should be construed as granting any license or other right to the End-Users. You acknowledge that all worldwide rights, title and interest in any third-party software available on thisWebsite belongs the applicable suppliers.
16. AUDIT THE CONTENT
OMTPL has the right, but not an obligation, to audit the Content and/or the Content posted by the User and any other features/material available on this Website. Notwithstanding anything contained herein, you acknowledge and understand that all the Content provided/posted by Users and/or any Person on this Website, whether publicly posted or privately transmitted, are the sole responsibility of the concerned Usersor Persons from whom the Content originated. This means, that you are entirely responsible for the Content provided by you to OMTPL, in order to upload, post, transmit or otherwise make available via this Website. You further acknowledge and agree that the Contentdoes not reflect the views of OMTPL, nor does OMTPL endorse any Content.
17. ALTERATION OF WEBSITE, SERVICES AND CONTENT
We reserve the right to make changes to/alterthis Website and/or the Services and/or the Content of this Website at our sole discretion, without prior notice.
19. WITHDRAWAL OF CONSENT
You have the option to not provide us with your Data and may also, at any time, withdraw your consent from us retaining and/or using your Data. If you choose to withdraw your consent from the use and/or retention of your Data at any time, you will need to write to us or send us an email at email@example.com. Please note that the aforesaid may disqualify you from being eligible to avail the Services provided thereunder.
20. PAYMENT GATEWAY SERVICES
In order to facilitate any transaction between any Users and this Website and inter-se any Users, OMTPL shall arrange services through third party vendors to provide merchant services to make credit card payments and/or direct payments (“Payment Gateway”). Such third party vendors have agreed to make all reasonable efforts to provide uninterrupted service of the Payment Gateway, subject to down time and regular maintenance. By accepting these Terms and Conditions, you acknowledge that the Payment Gateway may not be uninterrupted, error free or free from any virus or other malicious, destructive or corrupting code, program or macro. You further agree and confirm that the credit card details or other payment details provided by you for availing the Services are accurate and lawfully owned by you. The thirty party vendors have committed that they will not store and/or share your credit card/payment details with any third party unless required for fraud verifications or by any law, regulation or court order. OMTPL shall not be responsible for deficiency of such third party vendors.
21. LOCAL LAWS
This Website is controlled and operated from our headquarters based in Mumbai, India. Any access and/or use of this Website by you from any other location outside India may require compliance with the applicable local laws. The Content
and/or Services and/or any other material appearing on this Website or available thereunder may not be appropriate or available for use in other locations. Unless expressly stated, any marketing or promotional material and/or Content appearing on this Website is solely directed to persons located in India.
22. OPT-OUT OPTION
You may choose to opt-out of and restrict and/or limit OMTPL from sending you any communications such as newsletters, promotions and advertisements. You can opt-out from the said communications by sending us an e-mail on firstname.lastname@example.org.
(i) If you infringe any of the Intellectual Property Rights
(ii) If you provide any incorrect or misleading Data which OMTPL is unable to authenticate, or which would constitute fraud, misrepresentation or cheating
(iii) If you conduct yourself in any inappropriate or unreasonable manner in relation to these Terms and Conditions or any other agreement executed in connection herewith
(iv) If OMTPL has reason to suspect or believe that you are in violation of any other law being in force at the time
(v) If you use or access your Account for any restricted purposes and/or in contravention of these Terms and Conditions, without our consent
(vi) Or for any other reason that OMTPL may deem fit.
23.2 Any person or User who accesses the Account of any other User without the authority to do so, shall be subject to prosecution under the law. However, you shall be held responsible for any activities that mayresult from any authorized access of your Account. We strongly advise you to
exit / sign out of your Account when you have finished using it in order to secure it from the aforesaid.
OMTPL reserves the right to restrict and/or terminate your access/use of this Website and/or the Services and/or your Account and/or block you from borrowing or lending as per these Terms and Conditions at its sole discretion, without any prior notice.
25. DISCLAIMER NO WARRANTIES
OMTPL provides this Website, the Content and/or Services on an “as is” and "as available" basis, without warranty of any kind, either express or implied, including, without limitation, any warranty of title, merchantability, accuracy, availability, compatibility, non-infringement or uninterrupted access. You acknowledge and undertake that you are accessing the Services on this Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through this Website. OMTPL does not warrant that this Website or the functions, features or the Content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. OMTPL makes no warranty that this Website will meet the User’s requirements. OMTPL will not be liable in the event there occurs a time difference between a message released through a gateway/server and such message finally reaching the End User from any such service provider. No advice, results or information, whether oral or written, obtained by you from OMTPL or through this Website shall create any warranty not expressly made herein. If you are dissatisfied with this Website, your sole remedy is to discontinue using this Website. OMTPL is not responsible or liable in any manner, for any Data or information pertaining to any User, Registered User, Borrower or Investor as the case may be.
26. LIMITATION OF LIABILITY
Under no circumstances shallOMTPL or the OMTPL Parties be liable to you for: i)any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, loss of profits, goodwill, Data or other intangible losses arising out of the access and/or use of this Website and and/or any interruption, suspension or termination of the Services, whether such interruption and/or suspension and/or termination was justified or not, negligent or intentional, inadvertent or advertent ii) any shortage or non-fulfillment of the Services on this Website or any other site inter alia arising out of technical failure,
malfunctioning, etc. iii) any unavailability of the Services due to any inability, delay or failure of the Investorsand/or the Borrowers to accept the terms and conditions contained in the Loan Agreement iv) the accuracy, reliability, completeness, and/or timeliness of any Content, software, text, graphics, links or communications provided on or through the access and/or use of this Website and/or the Services v) error free and uninterrupted access and/or use of this Website and/or the Servicesand vi) any and all costs, charges, expenses, etc. incurred in relation to the downloading fees/charges by third party service providers, ISP connection hosts, etc.
In the event any dispute, claim or legal proceedings arise/s out of any matter pertaining to the following: i) your access or use of this Website and/or the Services ii) your violation of these Terms and Conditions and/or your violation of any third party right, including without limitation any copyright, property, or privacy right or (iii) any damage caused by your Data to any third party you agree to defend, indemnify and hold harmless OMTPL and/or OMTPL Parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorneys' fees and costs) and other losses, and acknowledge that OMTPL and/or OMTPL parties cannot be held liable or responsible in any capacity whatsoever.
Each provision of these Terms and Conditions shall be separate, independent and severable from any other provision contained herein, except where expressly provided for or indicated by context. The invalidity, legality or unenforceability of any provision contained herein shall not affect the remaining provisions, which shall remain valid and enforceable to the fullest extent permitted by Applicable Laws.
29. GOVERNING LAW
These Terms and Conditions shall be governed by the laws of India and any disputes, controversies or claims arising out of these Terms and Conditions or any provisions stated herein or between us and any User or Registered User or Borrower or Investor as the case maybe, shall be subject to the exclusive jurisdiction of the courts of Mumbai.
These Terms and Conditions and/or any rights granted hereunder, may not be granted, assigned or sublicensed by you to any third party, without OMTPL’s written consent. However, OMTPL may at our/its sole discretion assign these Terms and Condition and/or the rights granted hereunder and/or any of our/its responsibilities / obligations to any other third party without notice to you.
No failure or delay by OMTPL or the OMTPL Parties relating to the exercise of any right, power, privilege or remedy provided under these Terms and Conditions shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by you nor shall any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of such or any other right, power, privilege or remedy provided in these Terms and Conditions all of which are several and exclusive of each other or of any other rights or remedies otherwise available to OMTPL under Applicable Law or in equity.
32. FORCE MAJEURE
If the performance of any of the Services or obligations under these Terms and Conditions is prevented, restricted, delayed or interfered 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, any event of hacking or illegal use of this Website, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout, robbery, theft of Data or any interruption or any failure of electricity or server, system, computer, internet, telephone service or any other acts whatsoever, which are beyond the reasonable control of OMTPL and could not have been prevented by reasonable precautions, then in such an event, this Website shall be discharged from such performance to the extent of and during the period of theforce majeure event, and such non-performance shall, in no manner whatsoever, amount to a breach by OMTPL and/or this Website, of any obligations contained herein and/or in any agreement executed between you and OMTPL.
33. GRIEVANCE OFFICER
33.1 In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are as follows:
Email id: email@example.com
34. CUSTOMER SUPPORT
We provide customer support to our Users in the form of responding to any queries you may have, assisting you in understanding this Website and/or the Services and receiving your feedback, ideas and comments on how we can improve the Services and/or the functionality of this Website. You may contact us by sending us an e-mail on firstname.lastname@example.org.
REGISTRATION AS AINVESTOR AND APPLICABLE BROAD TERMS
Once the Account is created, the Registered User shall be eligible to be the Investor if they fall under one of the following categories:
(i) An Indian citizen and resident of India, aged 18 years or above and able to enter into a legal contract (“Individual”)
(ii) Hindu undivided family acting through the karta thereof, being an Indian resident and aged 18 years or above (“HUF”)
(iii) Limited liability partnership acting through the authorized signatory/Managing Partner being an Indian resident and aged 18 years of age or above (“LLP”)
(iv) Non-banking financial institution (“NBFC”)
(v) Partnership firm acting through their Managing Partner / authorized signatory (“Partnership”)
(vi) Company as registered under the Companies Act, 1956 or 2013 acting through the authorized signatory being an Indian resident and aged 18 years or above (“Company”)
(vii) Bank under the Banking Regulations Act, 1949 (“Bank”) and
(viii) Is not a money Investor under Applicable Laws
You hereby represent and warrant that you are not of unsound mind and/or undischarged insolvent and/or charged or convicted of an offence under any law being in force at the time. The eligibility of the Investor may be altered or modified by OMTPL without prior notice, at its sole discretion with regards to the criteria applicable for the Investors, either to include additional classes of Investorsand/or restrict the classes of existing Investors.
The Registered User at the time of registering as the Investor, is required to provide us with attested scanned copies of the following KYC Documents as a part of the verification process. Listed below are the KYC Documents required under the different categories of Investorsfor the verification procedure:
(a) Income Tax PAN card
(b) Aadhar card
(c) Proof of current address - driving license / passport / voter identification/ LPG connection/ electricity bill / telephone connection (MTNL and BSNL network) and
(d) Valid bank account.
(a) Income Tax PAN card of the HUF and karta
(b) Aadhar card of the Karta of the HUF
(c) Proof of current address of Karta of the HUF which includes driving license / passport / voter identification card/ LPG connection/ electricity bills / telephone connection (MTNL and BSNL network) and
(d) Valid bank account in the name of the HUF.
(iii) Company or Bank or LLP or NBFC or Partnership:
(a) Income Tax PAN card of the Company and of the authorized person
(b) Aadhar card of the authorized person
(c) Proof of current address of authorized person- Driving license / passport / voter ID/ LPG Connection/ electricity bills / telephone connection (MTNL and BSNL network)
(d) Incorporation certificate
(e) Certificate of commencement for public limited company
(f) Valid bank account
(g) Memorandum of association and articles of association or partnership deed
(h) Board resolution and members resolution for investment
(i) Proof of current address of the company and
(j) RBI registration certificate (Bank / NBFC).
3. Registration Fees:
(i) A one-time registration fee shall apply to the Investor, please see the details of which charges appear on the website.
(ii) A syndication fee of the disbursed Loan amount shall be charged from the Investor once the funding of the Loan amount is complete, details of which charges appear on the website.
(iii) OMTPL reserves the absolute and unconditional right to change the registration fee at any time, without prior notice, by publishing the change thereto.
4. Funding the Loan:
(i) After the registration and verification process is complete, the Investor becomes eligible to fund a prospective Borrower. The minimum amount that the Investor can fund is Rs. 10,000/-.
(ii) There shall be no limit on the Loan amount which the Investor can fund to the Borrower.
5. Physical verification and signing of the Loan Agreement:
The Investor can commit to fund a single Borrower or multiple Borrowers. Once the Investor’s requirement matches with the Borrower’s listing, OMTPL shall conduct physical verification of the KYC documents of the Investor(s).
6. Disbursal of Loan:
The disbursal of the Loan amount and repayment thereof shall be in accordance with the terms of the Loan Agreement.
In case of a cheque bouncing or national automated clearing house (“NACH”) failure, a penalty charge will apply as published on this Website from time to time.
8. Delayed/Cancellation of Funding:
OMTPL may decline/cancel funding of the Loan from the Investor under the following circumstances:
(i) If incomplete or incorrect information is submitted during the registration
(ii) If OMTPL proceeds to identify new Investor(s), in case of non-commitment of the chosen Investor(s) for the proposed Loan
(iii) In case of delay in funds by the committed Investor(s)
(iv) For any other business-related purposes and/or
(v) For any other purposes that OMTPL may deem fit.
Please note that certain details/information with respect to the processes/procedures pertaining to the Investor are set out in the FAQ as available on this Website at [●]. Please read the same carefully.
REGISTRATION AS A BORROWER AND APPLICABLE BROAD TERMS
Once the Account is created the Registered User shall be eligible to be a Borrower if they fall under one of the following categories:
(i) An Indian citizen and resident of India, aged 21 years or above and able to enter into a legal contract (“Individual”)
(ii) Hindu undivided family with/and acting through the karta thereof, being an Indian resident and aged 21 years or above (“HUF”)
(iii) As sole proprietorship concern acting through its sole proprietor, being an Indian resident and aged 21 years or above (“Sole Proprietorship”)
(iv) Company as registered under the Companies Act, 1956 or 2013 acting through the authorized signatory being an Indian resident and aged 21 years or above (“Company”)
(v) Partnership firm acting through their authorized signatory / Managing Partner (“Partnership”) and
(vi) Limited liability partnership acting through the authorized signatory/Managing Partner being an Indian resident and aged above 21 years of age or above (“LLP”).
You hereby represent and warrant that you are not of unsound mind and/or undischarged insolvent and/or charged or convicted of an offence under any law being in force at the time. The eligibility of a Borrower may be altered or modified by OMTPL without prior notice, at its sole discretion with regards to the criteria applicable for the Borrower, either to include additional classes of Borrowers and/or restrict the classes of existing Borrowers.Further, you hereby expressly authorize OMTPL to:
(i) access your credit information, undertake your credit assessment and risk profiling and disclose the same to any Investors and
(ii) access your credit score either directly and/or through any credit rating agency and/or any lending or financing institution.
(i) The Registered User at the time of registering as the Borrower, is required to provide us with attested scanned copies of the following documents as a part of the verification process. Listed below are the KYC documents required under the different categories of Borrower for the verification procedure:
1. Income Tax PAN card
2. Proof of identity and proof of current address which includes driving license/passport/Aadhar card/voter identification card
3. Passport size photograph
4. Last two months’ salary slip (for salaried employee)
5. Last two months bank account statement into which salary is credited (for salaried employee) and
6. Income tax returns for the last 2 years.
(ii) HUF or Sole Proprietorship or Company or Partnership or LLP:
1. Income Tax PAN card and
2. Valid bank account.
(ii) OMTPL, after the verification process, shall assess the risk profile of the Borrower based on the information provided and shall assign a risk category (“Risk Category”).
3. Registration Fees:
There are two types of fees to be paid by the Borrower:
(i) A one-time registration fee shall apply to the Borrower, details of which charges appear on the website.
(ii) An arranger’s fee is required to be paid by the Borrower once the funding is complete, details of the charges appear on the website.
(iii) OMTPL reserves the absolute and unconditional right to change the registration fee at any time, without prior notice, by publishing the change thereto.
The Borrower may opt for a Guarantor for availing the Loan at a lower rate or for getting a higher credit rating.
(i) Once the verification process is complete and the fees are paid, the Borrower’s Loan shall be listed on this Website and can be viewed by the Investors.
(ii) Listing requirements:
The Borrower, after the creation of the Account, shall list the Loan, by giving the following details including but not limited to:
a) Purpose of borrowing
b) Amount required
c) Interest expected to pay
d) Tenure of the Loan and
e) Any other information including but not limited to employment details, city of residence, etc.
(iii) Minimum and Maximum amount of Listing:
A Borrower can post a Loan from a minimum of Rs. 25,000/- to a maximum of Rs.10,00,000/-. OMTPL may modify the Loan limit from time to time at its sole discretion.
(iv) Durationof Borrower Listings:The Loan shall be listed for a period of 30 days from the date of listing.
(v) Modification in Borrower Listing: The modification of the Borrower listing will be decided by the Borrower, subject to approval from OMTPL.
(vi) All other matters pertaining to the Borrower’s listing shall be determined at the sole discretion of OMTPL such as information included in listings withdrawalof Borrower listings re-listing of a new Loan Partial Loan Funding etc.
(vii) If any Borrower fails to abide by its commitment towards acceptance of the Loan, their name will be delisted and will not be allowed to carry out any transaction through OMTPL in the future.
6. Physical verification and signing of the Loan Agreement:
On acceptance of the Loan offer by the Borrower, OMTPL shall conduct physical verification of the KYC documents of the Borrower. Post verification, OMTPL, through its authorized agents, will liaison between the Investor(s) and the Borrower to sign the Loan Agreement.
7. Delayed Funding:
OMTPL may decline the Loan to the Borrower under the following circumstances:
(i) Incomplete or incorrect information submitted
(ii) Non-disclosure of current borrowings and installments as well as details of Borrower’s financial assets and liabilities
(iii) Lack of precision on the purpose of the Loan
(iv) For any other business-related purposes and/or
(v) For any other purposes that OMTPL may deem fit.
8. Prepayment of Loan:
Borrower can prepay the Loan after payment of first 3 installments and no prepayment charges shall be levied for the prepayment.
If the Borrower wishes to prepay the Loan before the payment of the first 3 installments, he can do so by paying the Interest due to the Investor for a period of 3 months from the date of disbursal.
(i) Modes of Loan Repayment:
The Borrower shall make the Repayment in one of the following manner:
b. National electronic funds transfer (“NEFT”)
c. Immediate payment service (“IMPS”)
d. Cheque and/or
e. Any other mode of Repayment given under the Loan Agreement.
(ii) Manner of Loan Repayment:
The Borrower agrees to repay the Loan and all other outstanding amounts to the Investor as per the repayment schedule set forth in the Loan Agreement.
(iii) Repayment date:
For the Borrower paying EMI once every month, the repayment date shall be the 10th of every month.
For the Borrower paying EMI biweekly, the repayment date shall be the 7th and the 21st day of every month.
(i) In case of delay in Repayment, an additional penalty Interest of 3% per month shall be charged from the Borrower for the duration of delay or Rs. 250/-, whichever is more.
(ii) In case of cheque bouncing or NACH Failure, a minimum sum of Rs. 250/- shall be charged from the Borrower.
(iii) In case the Borrower cancels the Loan after the signing of the Loan Agreement, a processing fee of Rs. 1000/- shall be charged from the Borrower.
(iv) In case the Borrower cancels the Loan after Loan disbursal, the Borrower shall pay back the entire amount of the Loan along with the Interest due to Investor(s) for a period of 3 months from the date of disbursal. Additionally, the Borrower shall also pay the processing fee to OMTPL.
11. Cancellation of Borrower application:
The Borrower’s application shall be rejected if:
(i) Borrower fails to provide the KYC documents
(ii) The information provided by the Borrower is incorrect or cannot be verified by OMTPL
(iii) Physical verification is not successful
(iv) Registration fees are not paid and/or
(v) OMTPL believes, at any stage of the Loan transaction, that the Data provided by the Borrower is misleading.
Please note that certain details/information with respect to the processes/procedures pertaining to the Borrower are set out in the FAQ as available on this Website at [●]. Please read the same carefully.
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