Welcome to our Site. Helios P2P (Private) Limited (herein after referred to as “Helios P2P”, “us”, “we”, or “our”) is a Sri Lankan company operating an online ‘peer-to-peer’ (P2P) lending platform (i.e. an e-platform which connects lenders and borrowers) on the website ‘www.heliosp2p.com’ (the “Site”).
By accessing the Site, you agree (and are deemed to have agreed) to at all times be bound by the General Terms and Conditions (“General T&C”) stated below, our privacy policy which can be accessed by clicking here (“Privacy Policy”), as well as any specific terms and conditions which become applicable to you by virtue of becoming a registered user (“Specific T&C”, which together with the Privacy Policy and the General T&C, are hereinafter collectively referred to as the “Terms and Conditions”). The Terms and Conditions govern our relationship with you (the “user”) in relation to the use of this Site and the services provided by Helios P2P. If you are not in agreement with any of the Terms and Conditions (as applicable to you), please refrain from using this Site.
Helios P2P is neither a financial institution, a financial advisor, nor an operator of a collective investment or any other financial scheme. Helios P2P is simply a website/e-platform operator that connects registered prospective borrowers (“Borrower”) and registered prospective lenders (“Lender”) and facilitates lending transactions between such persons. We cannot guarantee that Borrowers will find suitable Lenders (and vice versa), or that in relation to a particular lending transaction entered into on the Site, the relevant Lender will disburse the loan or that the relevant Borrower will repay the loan (in full or part), or any other aspects of what is (or will be) ultimately an unsecured lending transaction. Accordingly, Helios P2P shall not be held responsible to a Borrower or a Lender (as the case may be) for the failure of the counterparty to a lending transaction entered into using the Site to abide by the applicable terms and conditions. It is the responsibility of users to analyse, assess and understand:
(i) the risks of entering into and conducting lending transactions (which are unsecured) using the Site;
(ii) their own ability to comply (financially or otherwise) with the terms and conditions of a particular lending transaction (prior to entering into the same); and/or
(iii) their obligations as a user (as applicable from time to time).
USE OF THIS SITE
Helios P2P will not be responsible for any damages of any kind or loss of information that might result from the use of this Site which includes but is not limited to the transmission of any virus and the disclosure of confidential information by third parties.CHANGES TO THIS SITE
Helios P2P reserves the right to make changes to this Site as and when it wishes to do so. Any changes to this Site and its’ content including but not limited to any revisal in fees, charges and penalties imposed, modifications to the features made available to the users, privacy policies, these terms of use and any other terms of use provided in this Site shall not be personally communicated to you unless you are a registered user. Any changes to this Site shall be effective as and when it is made available on this Site or as otherwise notified by Helios P2P. The continued use and access to this Site implies that you are in agreement with such changes.OBLIGATIONS OF THE USERS OF THIS SITE
The content of this Site which includes but is not limited to the design, layout, pictures, videos, text, software, sounds and graphics are the property of Helios P2P and shall not in any instance be reproduced, sold, copied, published, downloaded, displayed, transmitted, modified or used for any purpose whatsoever (except as otherwise expressly provided in this Site) without our prior consent being obtained.LIMITATION OF LIABILTY
While Helios P2P shall take all reasonable steps to ensure the accuracy, reliability, completeness, contemporaneity or timeliness of any content, information, software, text, graphics, links or communications provided by or on the Site (and/or otherwise by Helios P2P), it provides no representation or warranty to that effect (or to the effect that the use of the Site will be error free and/or uninterrupted).FURTHERMORE, ANY AND ALL REPRESENTATIONS AND WARRANTIES IMPLIED BY LAW ARE ALSO HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED.
WHILE WE ACCEPT LIABILITY FOR (i) ANY FORESEEABLE LOSS OR DAMAGE SUFFERED BY A USER FROM A BREACH BY USE OF THESE TERMS AND CONDITIONS (WHICH INCLUDE, FOR THE AVOIDANCE OF DOUBT, ANY SPECIFIC T&C); AND/OR (ii) OUR GROSS NEGLIGENCE, WILFULL DEFAULT OR FRAUD, AT NO TIME WILL WE (AND/OR OUR TECHNOLOGY PARTNERS, OTHER SERVICE PARTNERS, SUPPLIERS, AGENTS, CONSULTANTS AND/OR PROFESSIONAL ADVISORS) BE RESPONSIBLE TO A USER (AND/OR ANY THIRD PARTY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN RELATION TO THE USE OF THE SITE, OR THE SERVICES PROVIDED BY US (AND/OR OUR TECHNOLOGY PARTNERS, OTHER SERVICE PARTNERS, SUPPLIERS, AGENTS, CONSULTANTS AND/OR PROFESSIONAL ADVISORS).
DISPUTE RESOLUTION, APPLICABLE LAW AND JURISDICTION
Any and all disputes or differences between a user and Helios P2P, arising out of or in connection with these Terms and Conditions (including in relation to any loan agreement entered into using the Site) shall, so far as it is possible, be settled by negotiations between the parties amicably through consultation. Any dispute, which could not be settled by the parties through amicable negotiation shall be finally settled through legal proceedings initiated in the District Court of Colombo (which shall have exclusive jurisdiction to hear and determine the same). These Terms and Conditions shall in all respects be governed by and construed in accordance with the laws of Sri Lanka.Introduction:
These terms and conditions apply to the User who uses the Online Services provided for any payment made to Helios P2P Pvt Ltd (“HELIOS”). Kindly read these terms and conditions carefully. By authorizing a payment to HELIOS through the online payment service ("the service"), it would be treated as a deemed acceptance to these terms and conditions. HELIOS reserves all the rights to amend these terms and conditions at any time without giving prior notice. It is the responsibility of the User to have read the terms and conditions before using the Service.
Key Terms:
The following is a summary of the key terms of this service:
● Payment(s) through this Service may only be made with a Credit Card, Debit card or through internet or online banking.
● Before using this Service, it is recommended that the user shall make necessary enquiry about the charges or fees payable against the Credit/Debit card used from Credit Card or the Debit Card service provider i.e. the respective Bank.
● The credit card information supplied at the time of using the service is processed by the payment gateway of the service provider and is not supplied to HELIOS. It is the sole responsibility of the User of the service to ensure that the information entered in the relevant fields are correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out or usage of the service.
● The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card/ internet banking/ online banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that HELIOS has no control over such matters.
● The service is provided using a payment gateway service provider through a secure website. However, neither the payment gateway service provider nor HELIOS gives any assurance that the information so provided online by a user is secured or may be read or intercepted by a third party. HELIOS does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.
● HELIOS shall in the absence of any fraud, willful default or gross negligence not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall HELIOS, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service.
● The User agrees that HELIOS or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond HELIOS’s reasonable control.
Debit/Credit Card, Bank Account Details:
● The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to Provide correct and valid debit/credit card details.
● The User may pay his/ her application/initial fees to HELIOS by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
o The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
o The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
o The User authorizes debit of the nominated card/ bank account for the Payment of fees selected by such User along with the applicable Fees.
o The User is responsible to ensure that sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the Payment of the dues payable or fees dues selected by the User inclusive of the applicable Fee.
No Warranty:
No warranty, representation or guarantee, express or implied, is given by HELIOS in respect of the operation of the service.
Disclaimer and Limitation of liability:
HELIOS does not accept liability for any damage, loss, cost (including legal costs), expenses, indirect losses or consequential damage of any kind which may be suffered or incurred by the User from the use of this service.
Governing Law:
These terms and conditions are governed by the laws of the Democratic Socialist Republic of Sri Lanka and the competent courts at Colombo shall have exclusive jurisdiction.
Refund/Cancellation Policy:
Fees once paid will not be refunded under any circumstances.
Privacy Policy:
● The information provided by the user on this website shall be kept confidential and shall not be shared with anyone. The data will neither be made accessible to third parties nor transferred in any form or manner unless required by law.
● HELIOS may share your personal information with our bankers for clearing necessary fees payments. This information shall be strictly up to the legal permissible limit.
● It is the sole responsibility of the User to pick an online payment option. HELIOS does not recommend/prefer/promote any particular method.
● Information related to payments using debit or credit card is not accessed or stored by HELIOS.
● No Warranty: The information and materials contained in this site including, graphics, links or other items are provided as on “As Is” and “As Available” basis by HELIOS, which organized and tries to provide information accurately and expressly disclaims liability for error or omission in this information and materials. No warranty of any kind, implied, express or statutory shall be given by HELIOS shall not be limited to the warranty of fitness for a particular purpose and freedom from computer virus is given in conjunction with the information and materials.
● Limitation of Liability: In no event, will HELIOS be liable for any damage direct or indirect losses or expenses arising in connection with site or use thereof inability to use by any person delay of operation or transaction, computer virus etc.
Security:
All payment details which are entered through this payment gateway are encrypted when the User, or third party making payment, enters them. The site is secure and uses 128-bit encryption to offer secure communications by encrypting all data to and from the site HELIOS shall not be liable for any failure by the User or third party making payments to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the Online Payment process or in respect of any omission to provide accurate information in the Course of the Online Payment Process.
Variations to the Terms and Conditions:
HELIOS reserves the right to vary these Terms and Conditions from time to time and the current version will be that published on this website.
HELIOS reserves the right to decline the acceptance of an online payment if your account is in default for any reason. HELIOS may also make additions/deletions/alteration to the services offered, at its sole discretion. HELIOS reserves the right to withdraw the service at any time at its discretion. We retain the right to change the terms and conditions for Online Payments, without any prior notice.
Reference No. [001]
The following Specific T&Cs shall, in addition to the Site’s broader Terms and Conditions, apply to and govern any registered user(s) that enter into a loan agreement via the Site’s BNPL product listing feature (hereinafter referred to as the “Feature” for the purposes of this section) – provided, however, that where there is any conflict between the Site’s broader Terms and Conditions and those contained in this section, the provisions of these Specific T&C’s shall prevail in so far as the matters dealt with herein are concerned and the loan agreement under consideration is one entered into via the Feature. Accordingly, each and every registered user (whether as a Lender or Borrower) that enters into a loan agreement via the Feature hereby acknowledges and agrees that:
● Upon the entering into of a loan agreement by and between a Borrower and a Lender under this Feature, the entirety of the loan proceeds (minus any applicable fees and charges – including, but not limited to, the Processing Fee) shall be transferred to the designated merchant for the sole and exclusive purposes of subscribing to and purchasing Voucher(s) (meaning an electronic or physical document or coupon issued upon and subject to independent third party terms and conditions that may be exchanged either by its holder or a designated individual, as applicable, for specified goods or services) redeemable in respect of such designated merchant. Correspondingly, Borrowers utilizing the Feature further acknowledge and agree that any loan proceeds disbursed under and in terms of such a loan agreement shall not be available for any use or purpose other than as specified above.
● Borrowers shall be solely and independently responsible for identifying, reading, familiarizing themselves and complying with any and all third-party terms and conditions governing such Vouchers, which represent a distinct and independent contractual arrangement entered into exclusively by and between such Borrower and the designated merchant:
Provided, however, that it shall be a deemed a pre-condition and pre-requisite to the use of this Feature and any execution of a loan agreement thereunder that the relevant Borrower fully agree to the independent terms and conditions governing the Voucher to be purchased using such loan proceeds.
● Borrowers further acknowledge and agree that their undertakings and obligations under and in terms of any loan agreement entered into via the Feature (including, but not limited to, with respect to the full and timely settlement of EMI payments in accordance with such loan agreement): (a) exist independent and exclusive of any arrangement or agreement governing the use and redemption of any Voucher(s) purchased utilizing the loan proceeds (meaning, amongst other things, that any failure to redeem such Voucher, whether in accordance with its terms and conditions or at all, or any purported claims alleged by the Borrower in respect of the designated merchant or its products / services, shall under no circumstances impact, prejudice or otherwise modify the undertakings and obligations of the Borrower under such loan agreement); and (b) shall be governed by and construed solely and exclusively in accordance with the provisions of such loan agreement (and, where, and to the extent provided in the loan agreement, any applicable Terms and Conditions) – which together shall constitute the entire agreement between the Borrower and the Lender with respect to the matters dealt with therein.
● Helios P2P shall, under no circumstances, be held responsible or liable in any way or form for any failure and / or neglect by either a Borrower or designated merchant to comply with and abide by the terms and conditions of a given Voucher. Furthermore, Helios P2P makes no representations or warranties whatsoever in respect of or on behalf of any designated merchant listed on the Site, whether in terms of their respective products, services or otherwise.
● Once the loan proceeds disbursed by a Lender under and in terms of an executed loan agreement are transferred to the designated merchant, the Site will notify the corresponding Borrower via email that proof of the relevant Voucher has been added to and / or is accessible via his or her respective user account.
● For the avoidance of doubt, Borrowers further acknowledge that the payment of EMIs (i.e., in repayment of a given loan) shall commence and be due and payable on any loan obtained via the Feature in strict accordance with the provisions and deadlines contained and contemplated in the relevant loan agreement and, correspondingly, shall have absolutely no correlation or connection to the independent timelines (if any) for issuing, redeeming or otherwise using any Voucher.