This Terms and Conditions and any amendments to the same as would be applicable from time to time, ("Terms and Conditions") constitutes a legally binding financial services end-user license agreement ("Agreement") between 5Paisa P2P Limited ("5Paisa P2P") Company incorporated in India, having its registered office at "1st Floor, IIFL House, Sun Infotech Park, Wagle Estate, Thane – 400 604" and you, i.e., the visitor ("Visitor") and/or the user ("User") (as defined hereinbelow) for using 5Paisa P2P’s services and sharing certain data through its website www.5paisaloans.com and its related sub-domains, sites, services and tools ("Website") or its Mobile App. 5Paisa P2P operates as a web/App-based marketplace to bring together investors who intend to lend money ("Investors") and individual borrowers who intend to borrow money ("Borrowers") in India. 5Paisa P2P merely facilitates a transaction of borrowing and lending between such parties by providing an online platform. 5Paisa P2P neither lends nor borrows through the Website/App and adheres to all applicable laws including all rules, regulations and guidelines of the Reserve Bank of India ("Applicable Laws").
If you do not agree with any of these Terms and Conditions, you must not access the Website/App. If you access the Website/App or use the 5Paisa P2P’s services, the Terms and Conditions shall be deemed to be legally binding agreement between you and 5Paisa P2P.
The Terms and Conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine.
By using the Website/App and/or submitting your information including any personal information on the Website/App, you expressly consent to the transfer of such data to 5Paisa P2P, and to the processing of such data on the server of 5Paisa P2P, where your data will be governed by Applicable Laws.
5Paisa P2P reserves the right to make any changes to the Terms and Conditions without any prior notice to you. Any changes to the Terms and Conditions shall be communicated through posting of updated Terms & conditions on the Website/App, and will only be effective when posted as such. The Website/App may also send emails to the registered user intimating such change. By accessing this website / app, You agree to review the Terms and Conditions regularly to understand any changes.
You are above 18 (Eighteen) years of age and eligible to enter into an agreement and consequently you have the authority to enter into this Agreement;
Persons under the age of 18 years are not permitted to get engaged with this Site and have no permission to call for any services or products or to lend or to borrow from through this Site.
this Agreement is binding and enforceable against you;
by execution of this Agreement, you do not conflict with any of your’s obligation under any Applicable Laws, contract or otherwise; and
you have read, understood and agreed to abide by the Privacy Policy, which is available on the website and incorporated herein by reference (the "Privacy Policy"),
The Service(s) or a Product(s) and information displayed on the Site is an "invitation to offer" to the End User. Your order for purchase of either Service(s) or Product(s) constitutes your "offer" which shall be subject to the terms and conditions as listed below. 5Paisa P2P reserves the right to accept or reject your offer. If you have supplied us with your valid email address, you will be notified by email as soon as possible to confirm receipt of your instructions. Our acceptance of your instructions for either rendition of services or provision of any product will take place upon rendition of Service(s) or dispatch of the Product(s) ordered. No act or omission of 5Paisa P2P prior to the actual dispatch of the Product(s) or rendition of services ordered will constitute acceptance of your offer. Similarly, no act or omission prior to the actual rendition of services shall constitute acceptance of your offer.
5Paisa P2P service is available only to residents of India above the age of 18 (Eighteen) years of age. 5Paisa P2P does not intend to offer the Services to persons or entities outside India where such Services would be in contravention with applicable laws and regulations
You agree and confirm that you, at your own risk and violation submit copy of your Aadhar Card /Aadhar No. as is issued by the Gov. of India to 5Paisa P2P along with your KYC documents for the purpose of registration. You further agree, confirm and consent to use your Aadhar details for the purpose of authentication with UIDAI. The Aadhar card details must be true, correct and complete.
Unless the context otherwise denotes, the following terms shall have the meaning assigned to it:
"App" or "Application" or "Mobile Application" shall denote the Application which can be accessed through handheld device including Mobile Phone;
"Agreement" or "This Agreement" shall denote this Agreement (as is amended or modified from time to time and published on the "website".
"Applicable laws" means all the existing laws, rules and regulations; and applicable RBI Guidelines include those modified or amended from time to time.
"Bank" in relation to the fund transfer mechanism shall mean the Bank which maintains an Escrow Account
"Borrower/s" denotes an individual, who enlist himself /herself for borrowing with 5Paisa P2P or those who borrow or avail 5Paisa P2P services in any manner.
"Escrow Account" means an account maintained with the Bank, for the purpose of fund transfers/fund transfer mechanism, operated by the trustee.
"5Paisa P2P’s services" or "Website Services" providing services of loan facilitation via online medium i.e. www.5paisaloans.com
"IPR or Intellectual Property" shall mean and include all 5Paisa P2P’s materials, including, but not limited to, software, programs, source code and object code, comments to the source or object code, specifications, documents, abstracts and summaries related to 5Paisa P2P and/or 5Paisa P2P website /App (‘Products’)
"Investor/s" or "Lender/s" denotes those who is/are willing to invest or lend money to the Borrower listed with 5Paisa P2P, and which may be any person including an individual, a body of individuals, a HUF, a firm, a society or any artificial body, whether incorporated or not. The term Lender or Investor, wherever used in this terms, carries same meaning.
"P2P Lending Platform" means an intermediary providing the services of loan facilitation via online medium or otherwise, to the Borrowers/Investors/Lenders
"Privacy Policy" mean the privacy related policy of the website and which can be accessed on the website.
"RBI" shall denote Reserve Bank of India
"Trustee" shall mean and organisation /entity which is authorised to operate the escrow account and which performs such functions as provided in Fund transfer mechanism.
"User" denotes person, entity, individual, HUF, Firm, a society or any artificial body, who/which avails the 5Paisa P2P services in any manner;
"Visitor" shall mean person, entity, individual, HUF, Firm, a society or any artificial body, who/which avails the 5Paisa P2P services in any manner, without registering himself/herself/itself;
"Website" shall denote www.5paisaloans.com including sub-domain or extension thereof.
In order to use the services provided on the Website/App, the user shall register on the Website/App to access all the services ("User"). Users can either be an Investor or a Borrower. Subject to Applicable Law, an Investor may be any person including an individual, a body of individuals, a HUF, a firm, a society or any artificial body, whether incorporated or not. However, a Borrower can only be an individual. The User agrees that the User will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of 5Paisa P2P, of any information about the User contained in 5Paisa P2P database, and, to the extent 5Paisa P2P assigns its rights and obligations pursuant to a merger, acquisition, or sale of all or substantially all of 5Paisa P2P’s assets including any part or all of the Website/App, to a subsequent owner or operator.
5Paisa P2P has safeguards built in its system to protect passwords of the Users against any unauthorized access, alteration, destruction, disclosure or dissemination of records and data; provided, however, all Users shall also be responsible for protecting the confidentiality of any passwords created on the Website/App.
5Paisa P2P does not make any representation, warranty, covenant, guarantee recovery of any loans availed by the Borrower via the Website/App;
All loans made via the Website/App (each, a "Loan") are unsecured and the Investor is solely responsible for making any decisions regarding its investments without any influence of, or consultation with;
5Paisa P2P is only managing this Website/App, as a peer-to-peer lending platform, and neither 5Paisa P2P nor any of its affiliates has any interest in either granting any Loan or to borrowing money from any User registered on the Website/App;
Your privacy is important to us and we will protect it. 5Paisa P2P will not share your personal information with anyone other than those listed in our Privacy Policy.
As a condition of purchase, 5Paisa P2P requires your consent to send you administrative and promotional emails / SMS/ Phone Calls. We will send you information regarding your account activity and purchases, as well as updates about our Services and Products and promotional offers.
By placing an order, you make an offer to us to purchase Service(s) or Product(s) you have selected based on the Terms and Conditions stated below.
You are required to create an account in order to purchase any Services or a Product from our Site. This is required so we can provide you with easy access to print your orders, view your past purchases, and modify your preferences.
If you have any questions about these Terms and Conditions, please contact 5Paisa P2P on feedback@5paisaloans.com
5Paisa P2P/RBI is not responsible for any claim of any kind including any loss or damage if the Investor fails to disburse the Loan or the Borrower fails to repay the Loan; and
The purpose of the Loan ought to be in accordance agreed terms and with Applicable Laws.
Hold any money received from the Borrower or the Investor on its own balance sheet;
Indulge in borrowing or lending and carry the business of lending in India;
Raise any deposits;
Provide or arrange any credit enhancement or credit guarantee. Further, 5Paisa P2P warrants that it stores all data in relation to the Users on hardware and servers located in India as per Applicable Laws in accordance with the business continuity plan approved by the board of 5Paisa P2P.
The User shall at all times be impliedly agree to any revised Terms and Conditions and Privacy Policy expressed herein. If the Terms and Conditions conflict with any other document or contract, then the Terms and Conditions shall prevail over such document or contract for the purposes of usage of the Website/App.
Users shall only click on the "check box" and on the "Submit / Agree" button, if they agree to be bound by this Terms and Conditions and the Privacy Policy. Once a User agrees to accept these Terms and Conditions, the User is solely responsible for ensuring compliance with the Terms and Conditions at all times
The headings and subheadings herein are used for convenience only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Terms and Conditions.
In order to fully access the Website/App, Users are required to create an account ("Account") with 5Paisa P2P.
The User, must meet the following criteria, to register, as an Investor:
In order to register as a Borrower, the individual has to meet the following criteria:
The Borrower shall be required to furnish such document to 5Paisa P2P as may be required by 5Paisa P2P from time to time.
5Paisa P2P, in its sole discretion, reserves the right to refuse registration of, or cancel or restrict the usage of the Website/App for any User.
For an Investor to open an Account, the Investor shall upload copies of documents required by 5Paisa P2P for the purpose of opening investor ("Investor Account"). After opening the Investor Account and obtaining an approval from 5Paisa P2P, the Investor can then make offers or accept requests.
After 5Paisa P2P verifies the Investor details, 5Paisa P2P may display the Investor details on the Website/App. The Investor details may include the following details:
The Borrower shall open a borrower account to start availing Loans. The Borrower shall upload such documents as may be required by 5Paisa P2P for the purpose of opening the borrower account ("Borrower Account"). After opening the Borrower Account, the Borrower shall:
Users are solely responsible for any activity that occurs on their Account and for maintaining the confidentiality of their Account. Users are prohibited from:
Subject to the Terms and Conditions, 5Paisa P2P hereby grants to the Visitor/User, a limited, revocable, non-exclusive, non-transferable and non-assignable worldwide royalty-free rights and license (each a "License") to:
access, view and otherwise use the Website/App (including, without limitation any information or services provided on or through the Website/App) for personal, lawful use only, as intended through the normal functionality of the Website/App; and
use any other functionality expressly provided by 5Paisa P2P (technology, software etc.) on or through the Website/App. Users shall not be permitted to sub-license or transfer this right.
Visitor may browse the Website/App and view some content without registering, but as a condition to using certain aspects of the Website/App, you are required to register with 5Paisa P2P, by creating an account either as a lender or borrower by accepting this User’s terms and other relevant Terms.
Subject to the Terms and Conditions, 5Paisa P2P hereby grants to the Visitor/User, a limited, revocable, non-exclusive, non-transferable and non-assignable worldwide royalty-free rights and license (each a "License") to:
access, view and otherwise use the Website/App (including, without limitation any information or services provided on or through the Website/App) for personal, lawful use only, as intended through the normal functionality of the Website/App; and
use any other functionality expressly provided by 5Paisa P2P (technology, software etc.) on or through the Website/App. Users shall not be permitted to sub-license or transfer this right.
Visitor may browse the Website/App and view some content without registering, but as a condition to using certain aspects of the Website/App, you are required to register with 5Paisa P2P, by creating an account either as a lender or borrower by accepting this User’s terms and other relevant Terms.
No Loans shall be disbursed unless the Borrower and the Lender shall execute all such documents as may be required. The Loan shall be disbursed by the Investor as has been agreed under the Loan agreement executed between 5Paisa P2P, the Investor and the Borrower ("Loan Agreement") into the non-interest bearing investor escrow account, operated by a trustee ("Disbursal Escrow Account"). The Loan shall be disbursed from the Disbursal Escrow Account into the Borrower’s bank account on next working day after deduction of the processing fees, pre EMI interest and first EMI amount.
5Paisa P2P has tied up with a bank for disbursal of the Loan from the Investor to the Borrower through the Disbursal Escrow Account. Disbursal to the Borrower from the Disbursal Escrow Account will be done only after Investor has approved and authenticated the disbursement request on 5Paisa P2P. In case of delay by the Investor, the Investor must seek written permission from 5Paisa P2P to extend the deadline.
5Paisa P2P may delay or cancel funding a Loan from an Investor if:
The Borrower shall repay all instalments into another escrow account to be operated by the trustee ("Repayment Escrow Account") pursuant to the repayment schedule in the Loan Agreement. All interest rates on 5Paisa P2P are in the Annualised percentage rate format. The Borrower agrees to make Loan repayments through NACH or such other method (cheque, NEFT, demand draft, Standing Instructions) as provided for in the Loan Agreement. In case of any conflict with regard to the Loan repayments, the Loan Agreement will prevail. The repayment date for all Borrowers will be as agreed under this Agreement. If the due date is a public holiday, the EMI shall be paid on the next working day. Total repayment amount collected from Borrowers in the Repayment Escrow Account shall be transferred to the Investors’ bank account on Investors request.
The Investor authorizes 5Paisa P2P (Authorised Representative) to follow up with the Borrower(s) for collection if any Borrower misses any instalments. 5Paisa P2P (through itself or representatives) is authorised to contact the Borrower over phone, email, SMS and follow-up on the repayment. If such a situation arises, 5Paisa P2P reserves the right to levy late fee on the defaulter.
For any default or delay by the Borrower in payment for dues or EMIs to any Investor, a late fee @24 % per annum shall be charged. This late fee shall be payable from the date of the default or delay till such date as the EMI along with applicable Interest is repaid by the Borrower. This shall be without prejudice to the Investors’ other rights available as per the Loan Agreement and under Applicable Law. If Borrower continues to be default of the payment of any dues /outstanding/EMI/charges for 90 days, the Loan agreement shall automatically terminate and all outstanding EMIs, dues, penalties, interest etc. shall be immediately due and payable by the Borrower.
Loans can be prepaid in accordance with the Loan Agreement. Please note that:
5Paisa P2P does not guarantee full or partial collection of money from the Borrowers. 5Paisa P2P will deduct its collection charges before transferring the money to investors. In addition, the Loan may be referred to collection agencies and all the dues including the money spent in recovery will be payable by the Borrower. 5Paisa P2P also reserves the right to report any delinquent Loan and/or delayed payments to the relevant authorities such as the Credit Information Bureau (India) Limited (“CIBIL”), etc.
5Paisa P2P does not guarantee that:
The User hereby agrees to receive SMS/email transaction alert posted by 5Paisa P2P on any new registrations, loan closures, repayments, offers on loans and request from Investors/Borrowers, as applicable. The User is allowed to opt out from receiving these alert by notifying in writing to 5Paisa P2P
The Borrower hereby authorises 5Paisa P2P or any third-party agency to whom 5Paisa P2P may find fit to carry out the task to obtain credit report from CIBIL or such other organisation at any time during the tenure of the Loan. The credit report shall be used for any purpose that is authorized by Applicable Law in connection with extension of credit transaction involving the Borrower, including but not limited to:
If any changes occur in the personal information provided by the Borrower after posting any Borrower Listing on the Website/App, the Borrower shall:
The Borrower hereby agrees that documents sought by 5Paisa P2P at the time of registration, Borrower Account opening or anytime thereafter become part of the official record of 5Paisa P2P and will not be returned
The Borrower Listing details shall include the following credentials of the Borrower:
The Borrower Listing will be open for a period of up to continuous days as is determined by 5Paisa P2P from time to time(“Listing Period”). The Borrower cannot opt to close or withdraw availing the Loan before the expiry of the Listing Period. When sufficient commitments are not received by a Borrower during the Listing Period, the Borrower Listing can be extended once by an additional period of up to 7 (seven) continuous days (“Additional Listing Period”) or as approved by 5Paisa P2P. Any Borrower Listing can be removed before the expiry of the Listing Period or the Additional Listing Period date if:
The Borrower Listing once posted cannot be modified; however Borrower can only increase the interest rate on which he proposed to avail loan. Any person who visits the Website/App will be able to view any Borrower Listing.
A Borrower can post a listing up to a maximum of the amount approved by 5Paisa P2P which will not be more than Rs. 10,00,000/- (“Permissible Borrowing Limit”) across all P2P lending Platform. Pursuant to Applicable Laws, 5Paisa P2P can, at its sole discretion, modify the limits from time to time. The Borrower shall provide 5Paisa P2P with a certificate confirming that the limits prescribed under Applicable Law are being adhered to.
During the Listing Period or the Additional Listing Period, as the case may be, if the Borrower fails to receive commitments for the entire Borrower Listing, the Borrower has the following 3 (three) options, to:
No Borrower can list for a new Borrower Listing during the subsistence of an existing Loan Agreement unless expressly permitted by 5Paisa P2P in writing. If the Borrower has completed the repayment of any existing Loan, the Borrower may apply for a new loan and in such case, the Borrower needs to go through the credit evaluation and verification process again.
Investor further acknowledges, covenants and undertakes that
You agree not to use the Website/App for any illegal purposes, or re-sell, or trade any services for any commercial purposes other than personal use.
You agree not to copy, distribute, transmit, display, perform, reproduce, publish, License, reverse engineer, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Website/App in any manner whatsoever.
You undertake that you shall not:
Unlawful Or Prohibited Use - As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by or under any law, rules, orders, regulation, notification or circular issued by any local or governmental body in India, or these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any 5Paisa P2P Website/App, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any 5Paisa P2P server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
For any kind of fraudulent, unlawful, declined, and prohibited transaction 5Paisa P2P reserves its right to recover the
The User hereby grants 5Paisa P2P a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) that the User has in the Information provided by such User. 5Paisa P2P shall use such information in accordance with the Privacy Policy available on website.
5Paisa P2P shall have the right, but not the obligation, to monitor the content of the Website/App at all times, including any chat rooms and forums that may be included as part of the Website/App, to determine compliance with Applicable Laws. Without limiting the foregoing, 5Paisa P2P shall have the right to:
All trademarks, patents, copyrights and other intellectual property rights owned by any party shall continue to be owned solely by such party, and except as set forth herein, nothing in the Terms and Conditions shall be deemed to confer any rights to any such intellectual property on the other party.
5Paisa P2P shall be entitled to post feedback at the Website/App (and/or allows others to do so), both positive and negative, regarding any User. Users acknowledge and agree that the applicable supplier(s) of any third party software included within the Website/App shall own all rights, title and interest in and to such third party software and any intellectual property rights therein.
You further acknowledge that:.
You further agree and acknowledge that:
Without limiting other remedies, 5Paisa P2P may limit your activity, immediately remove your Information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website/App in the event and remove any non-compliant Information, but not limited to:
5Paisa P2P shall have the right, but not the obligation, to monitor the content of the Website/App at all times, including any chat rooms and forums that may be included as part of the Website/App, to determine compliance with Applicable Laws. Without limiting the foregoing, 5Paisa P2P shall have the right to:
A User that has been suspended or blocked may not register or attempt to register with 5Paisa P2P or use the Website/App in any manner whatsoever until such time that such User is reinstated by 5Paisa P2P. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, 5Paisa P2P reserves the right to recover any amounts due and owing by you to 5Paisa P2P and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
5Paisa P2P reserves the right to recover the cost of service(s), collection charges and lawyer’s fees from persons using the Website/App fraudulently. 5Paisa P2P reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website/App and any other unlawful acts or omissions in breach of these terms of use.
5Paisa P2P is a Website/App that enables the Borrowers to find the Investors and the Investors to find the Borrowers, it considers provisions of wrong information on this web portal willingly an act that would constitute misrepresentation, fraud and cheating. If you use the Website/App, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify 5Paisa P2P immediately of any unauthorized use of your account or any other breach of security.
Fund transfer mechanism followed by 5Paisa P2P is as follows:
If you are no longer interested in receiving e-mail announcements and other marketing information from us, you can opt-out anytime by sending an e-mail about your request to feedback@5paisaloans.com
In case Existing Lender /Borrower wish to get deleted his/her/its account with 5paisaloans.com, it may be made specific request and the account shall be deleted only after satisfying the conditions, as may be determined by 5paisaloans.com, including the criteria for the Borrower that no amount is due or outstanding qua Lender or the 5paisaloans.com. 5paisaloans.com, at its sole discretion, can preserve the Borrower’s information for such longer period, as it may be desire.
5Paisa P2P does not endorse any advertiser on its Website/App in any manner, and you are requested to verify any accuracy of any information of any third party on their own before relying on any such information
5Paisa P2P shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
the use or the inability to use the services;
the cost of procurement of the services;
unauthorized access to or alteration of the Visitor/User’s transmissions or data; or
any other matter relating to the services including damages for loss of use, data or profits, arising out of or in any way connected with availing of the services through the Website/App.
5Paisa P2P shall not be liable for any delay in using the services on the Website/App, including but not limited to the provision of or failure to provide the services, or for any information, software, products, services and related graphics obtained from the Website/App. Further, 5Paisa P2P shall not be held responsible for non-availability of the Website/App during periodic maintenance operations or any unplanned suspension of access to the Website/App that may occur due to technical reasons or for any other reason whatsoever.
You agree that any data downloaded or otherwise obtained from the Website/App is done entirely at your risk and you will be solely responsible for any damage to his equipment including phone, internet access, etc., or any other loss that results from such data.
Save to the extent required by law, 5Paisa P2P has no special relationship with or fiduciary duty to you. You acknowledge that 5Paisa P2P has no control over, and no duty to take any action regarding: which Users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You understand that 5Paisa P2P has no obligations to verify the original documents submitted by a User and have assumed that the same is true, correct and complete in all respects.
You release 5Paisa P2P from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
5Paisa P2P makes no representations concerning any Content contained in or accessed through the Service, and 5Paisa P2P will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
5Paisa P2P makes no warranty that:
5Paisa P2P makes no representation or warranty, express or implied, with respect to any third party data provided to 5Paisa P2P or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. 5Paisa P2P will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from
the service will be secure or available at any particular time or location;
All details of the users of the 5Paisa P2P website and their financial status, included in or available through this Website/App are provided for use without warranties of any kind, either express or implied. 5Paisa P2P, its shareholders, its holding company, its subsidiaries, and its licensors do not warrant that the information or other material which is placed on the Website/App by any person is correct including his financial status or capability or has not approached the other user of this Website/App with a criminal intent to either cheat or misappropriate or deny any other user of its legitimate claims. By uploading any content, representation or statement of your financial status or your proof of residence you represent and warrant that you have the lawful right to reproduce and distribute such content and that the content complies with all laws and is true and authentic and is not in any event placed on the Website/App to defraud other users or create a false impression in their minds that you have a sound financial status or are reasonably committed to deliver the repayments on time. You also represent that you have not ever been accused to any fraud, misrepresentation or default in repayment of any claims or monies to any third party whether a financial institution or not. You also represent that there are no outstanding disputes in connection with your moral turpitude or financial status. You hereby represent and warrant to 5Paisa P2P that you are legally competent to execute, be bound by and adhere to terms and conditions of 5Paisa P2P. Your use of the Website/App is solely at your risk. You agree that 5Paisa P2P shall have no responsibility for any damages suffered by you in connection with the use of the website/App or any content contained therein or any damage suffered in the event of default or misrepresentation by any other user of the website/App.
5Paisa P2P and you hereby agree to keep any data (“Confidential Information”) confidential and shall not disclose such data without the consent of the other party except pursuant to an order of any court or government authority, in performance of this Agreement by 5Paisa P2P, or when the parties independently obtain such data from a third party./p>
Without prejudice to the other remedies available to 5Paisa P2P under the Terms and Conditions or under Applicable Law, 5Paisa P2P may limit the User’s activity, warn other Users, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the Website/App if:
5Paisa P2P has the right to terminate access to any or all services on the Website/App subject to Applicable Law. Upon termination of this Terms and Conditions, the User’s right to use the Website/App and software shall immediately cease. Once the User’s registration or the services are terminated, cancelled or suspended, any data that the User has stored on the Website/App may not be retrieved later. Any fee paid hereunder is non-refundable. Users can contact 5Paisa P2P for further details on the same.
All payments to be made by the User, in connection with the services, includes all applicable taxes. 5Paisa P2P may withhold applicable taxes in the User’s account under any Applicable Law.
The User is responsible for making the requisite tax filings of all transactions completed through 5Paisa P2P.
Notwithstanding anything contained in the Loan Agreement and under Applicable Law, 5Paisa P2P is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Website/App including, without limitation, disbursal of loan amount by the Investor and repayment of Loan by the Borrower, and any other terms, conditions, warranties, or representations on the Website/App.
You agree that in no event will 5Paisa P2P or any of its affiliates, group companies respective officers, employees, directors, shareholders, agents, or licensors be liable to the User (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages for loss of revenues, profits, goodwill, use, or other intangible losses resulting from the use of the Website/APP or any parts thereof.
5Paisa P2P shall not be responsible for any act or omission which could be attributable to a default of any other person over which 5Paisa P2P does not exercise control, including without limitation any error or failure or inability of the network service provider or any failure of any personnel of the client.
5Paisa P2P shall not be liable for any inability to render any of the services by reason of any failure, delay or inability of the Investors and/or the Borrowers to agree on terms and conditions for the Loan Agreement.
5Paisa P2P and the Investor(s) and/or the Borrower(s) sole remedy and the 5Paisa P2P sole liability to the Investor(s) and/or the Borrower(s) in the platform and for any other claim arising in connection with this defect shall be the correction or repair of such breach or defect or the replacement of the defective or non-conforming portion of the platform.
5Paisa P2P’s liability in any circumstance is limited to the amount of fees, if any, paid by you to 5Paisa P2P. 5Paisa P2P, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website/App or that the operation of the Website/App or Services will be error free and/or uninterrupted. Consequently, 5Paisa P2P assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
5Paisa P2P uses its best endeavor to ensure the confidentiality and secrecy of user information and authorization. If the authorization code has been lost, misplaced, or revealed to another person, 5Paisa P2P should be immediately intimated in writing of the same, failing which, you may be liable for the following consequences:
Once intimated to 5Paisa P2P in writing, 5Paisa P2P will utilize all methods at its disposal to control the damage at the earliest. 5Paisa P2P shall not be liable for any loss or damage arising out of or in connection with:
External Links - The Website/App may contains links to other sites. The availability of such third party sites, services or material does not constitute any form of recommendation, advice, endorsement or publication of any such third party sites, services or material and 5Paisa P2P is not responsible for their availability or content. Links to other Website/Apps are provided by 5Paisa P2P as a convenience to its Users. 5Paisa P2P is not responsible for the materials contained at any website/App linked to this site.
You understand that any and all decisions made by you with respect to the program are yours alone. 5Paisa P2P cannot and does not verify the accuracy of information from Users or Borrowers. 5Paisa P2P shall not be responsible, or have any duty or obligation to, or liability for:
You agree to indemnify, defend and hold harmless 5Paisa P2P, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third party providing any service to 5Paisa P2P in relation to the services provided on the Website/App.
You shall defend, indemnify, and hold harmless 5Paisa P2P, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Website/App, Service, Content or otherwise from your User Submissions, violation of these Terms of Use or Privacy Policy, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of 5Paisa P2P). 5Paisa P2P reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with 5Paisa P2P in asserting any available defenses.
The Borrower and the Investor acknowledge that 5Paisa P2P is not obligated to perform any act or obligation for them and that it is only a service provider to them that facilitates the transaction between them or act an agent for the authority provided. In case of any loss or damage to 5Paisa P2P due to their action or inaction, the Investor and the Borrower shall, jointly and severally, indemnify 5Paisa P2P.
Except for the Content submitted by the Users, any material, content or logos, marks, software on or part of the Service and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by 5Paisa P2P or its licensors. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website/App in whole or in part except as expressly allowed under the Terms of Use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website/App.
Investor may authorise 5Paisa P2P to perform certain function on behalf of Investor e.g. collection, follow-ups, maintenance of accounts, representing Investor in court of law etc. to which Borrower agrees.
5Paisa P2P is not liable for failure to perform any of its obligations if such failure is as a result of Force Majeure Situation e.g. 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.
If any provision of the Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms and Conditions shall continue to be in full force and effect.
All notices and communications from you to 5Paisa P2P in relation to the Website/App (including the termination of any of the services etc.) shall be in writing. You shall be deemed to have been given a notice if sent by an email, SMS or posted within the Website/App. Notice shall be deemed to have been served 48 (forty eight) hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
The Terms and Conditions constitute the entire agreement between 5Paisa P2P and you, and supersedes and extinguishes all previous agreements, promises, assurances, representations, warranties and undertakings, whether written or oral.
Interpretation - In this User Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this User Agreement; 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 User Agreement; 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 User Agreement 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 User Agreement; and any reference to a time limit in this User Agreement 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.
Failure by the Website/App to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.
Assignability-5Paisa P2P may assign any of its responsibilities/obligations to any other Person without notice to you, at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms of Use to any other party, unless a written consent is taken from 5Paisa P2P.
Terms and Conditions shall be governed by and constructed in accordance with the laws of India and the courts in New Delhi shall have exclusive jurisdiction. In case of any dispute with you, 5Paisa P2P has the option to approach the courts.
If any dispute arises between you and 5Paisa P2P during your use of 5Paisa P2P’s Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be nominated by 5Paisa P2P. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996 (or any statutory modification or replacement thereof), shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. You agree to the summary procedure as per the provisions of Section 29B of the Act. You are solely responsible for your interactions with any User (even to the extent prohibited hereby) or any Borrower and any disputes that may result from such interactions. 5Paisa P2P reserves the right, but has no obligation, to monitor disputes between you and such persons.
If you have any grievance under this Terms and Conditions, you may contact the grievance officer appointed pursuant to the RBI guidelines:
Name: Nandini Canchi
Email Id: nandini.canchi@5paisa.com
Your grievances shall be redressed as per the Grievance Redressal Mechanism Policy, which you can access on website.
If you wish to contact us in writing or you have any question related to the User Agreement or Privacy Policy, you can contact by e-mail at feedback@5paisaloans.com or to such e-mail address that may be communicated to you from time to time. 5Paisa P2P will confirm receipt of this by contacting you by e-mail. 5Paisa P2P reserves the right to contact you by e-mail, or SMS to the mobile phone number or email address provided by you.
You hereby confirm and record that the content of this Terms and Conditions have been read out and explained to your satisfaction. You agree to abide by the same at all times.