GENERAL TERMS AND CONDITIONS

  • 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, or 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.

    The right to use this Site cannot be transferred to another user. In the event an account has been created by a user (i.e. and such user has become a ‘registered user’), the use or operation of the account cannot be transferred, delegated or otherwise granted (in any manner whatsoever) to another person.

    You are required to create an account in order to use our services. The creation of an account will require information such as personal details, employment details and loan details. The information required from you in order to create an account and become a registered user shall vary according to the capacity in which you wish to register, i.e. Lender or Borrower. You are not permitted to create more than one account for the use of our services. User accounts are at all times the property of Helios P2P, and accounts may be terminated, suspended, or otherwise dealt with in any manner whatsoever by Helios P2P at its sole discretion, whether to comply with legal or regulatory compliance obligations or in the event that a registered user has breached (or it is reasonably anticipated that a registered user will breach) these Terms and Conditions.

    By providing to Helios P2P with the required information for the creation of the account and/or for the use of other services, it shall be deemed that the relevant user has granted Helios P2P a royalty-free, perpetual, irrevocable license to use the information for the purposes of, and in relation to, providing the services. This shall include but is not limited to the right to use, reproduce, modify, publish, distribute or display the information of the user in any form, subject to the terms and conditions contained on this Site.

    Helios P2P shall take all reasonable measures to safeguard the confidential information provided by the users. However, we shall not be responsible for the loss of data or any other disruption that may be caused by external parties that are beyond the control of Helios P2P.

    This Site shall be used for the purposes of obtaining a loan for a minimum of Rs.10,000/- or a maximum of Rs.500,000/-. The repayment period shall be for a minimum period of 1 month or a maximum period of 18 months. These amounts/ repayment periods may change from time to time at our sole discretion. The Borrower and/or Lender are not permitted to extend the loan amount or repayment period than what is prescribed by Helios P2P. However the duration of the loan agreement can be shortened in the event the Borrower repays the Equated Monthly Instalments (EMI) before they are due. Helios P2P may also from time to time (for credit management, risk management, legal and compliance purposes, or any other reasons we consider necessary at our sole discretion) impose ‘transaction limits’ on users, limiting the aggregate number and/or value of lending or borrowing transactions a user may enter (or have outstanding) into at any given time (“Transaction Limits”). Such Transaction Limits may be general (i.e. and affect all users) (“General Transaction Limits”), or be imposed on a case-by-case basis on a particular user (or class of users) (“Specific Transaction Limits”). Helios P2P shall publish all General Transaction Limits on the Site, and notify any Specific Transaction Limits to the relevant Borrowers/Lenders, but shall not be bound to give any reasons for its decisions. [Helios P2P shall at all times have the absolute right (but not the obligation) to prevent, prohibit or refuse to permit the entering into of any lending arrangement through the Site at its sole discretion and without assigning any reasons therefor.]

    Helios P2P charges a one-time ‘processing fee’ on each lending transaction arranged through or facilitated by the Site (the “Processing Fee”). The Processing Fee is a slab-based percentage of the relevant loan amount, and the applicable percentage for a particular loan amount shall be as published from time to time on the Site (for general information purposes). However, the Processing Fee for a particular loan shall also be expressly set out in the relevant loan agreement, and in the event of a conflict or inconsistency between the Processing Fee set out in a particular loan agreement and the Processing Fee calculated in accordance with the general information contained in the Site, the Processing Fee set out in the relevant loan agreement shall prevail. The Processing Fee shall be deducted from the loan amount, and paid to Helios P2P (without any deduction, set-off or withholding whatsoever) at the time of disbursement, in accordance with the loan disbursement mechanism chosen by (or applicable to) the Lender. The Processing Fee shall in all cases be non-refundable.

    Helios P2P shall not be responsible for any links belonging to third parties that may be included on this Site. The links have been provided for your convenience and/or to provide further information and/or to facilitate your user experience. The presence of such links on this Site does not indicate that we approve or are responsible for the content of the linked Site(s). We shall not be responsible for any harm or disruption that may be caused by accessing these links.

    Helios P2P shall take all reasonable measures to ensure that this Site is made accessible to all users at any time. However, this Site may be made inaccessible at times for reasons including but not limited to maintenance, changes made to the Site, compliance with our legal or regulatory obligations or due to causes that are outside the control of Helios P2P. We shall however not be responsible for any loss or damage caused to you by such inaccessibility.

    Helios P2P shall not be responsible for the actions of its users on this platform. Although reasonable measures are taken to identify its Borrowers and Lenders, we are not under an obligation to check the content posted by such Borrowers and Lenders and shall not be responsible for the contents posted by them or third parties.

    Helios P2P shall have the right but not an obligation to monitor the actions of the users on this Site. This would include possible communications between users and the provision of information by the users to Helios P2P. Such information may also be shared with third parties (such as regulatory authorities) to comply with our legal obligations.

    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.

    The unauthorized and/or illegal use of this Site may give rise to a claim for damages and/or criminal liability. The user shall not use this Site to obtain personal information about other users or as a platform to harass other users.

    If you are aware that an user of this Site has provided incorrect information, caused misrepresentation, or has or will commit any unlawful or fraudulent activity, you may communicate same to us by sending us an email to info@heliosp2p.com with the details. Helios P2P shall take reasonable measures as we think fit concerning such complaints.

    Helios P2P has granted all users of this Site with a limited license to access this Site and make use of its services. This license however, does not include the use of this Site for the conduct of unlawful activities, nor does it provide users with the right to copy or download information from this Site. The users of this Site are prohibited from sharing, transmitting or inserting any harmful documents, links, and Sites etc. that will cause harm or disrupt the use of this Site to Helios P2P or to other users of this Site. Users are not permitted to bypass any measures that Helios P2P may impose to prevent or restrict access to certain parts of this Site. Users are not permitted to use or post any material that is obscene, abusive, vulgar, or otherwise objectionable, in nature. This will include but is not limited to the use of any words, pictures, sound and other documents that would offend Helios P2P or any other user. The breach of the terms of use of this Site will terminate the user’s license to access this Site.

    You agree to indemnify and hold Helios P2P harmless from any claim, demand, damage, loss, liability that may result from the breach of these Terms and Conditions (including any loan agreement you enter into using the Site).

    By using this Site, you agree to refrain from conducting activities that may cause harm or disrupt the use and/or operation of this Site, or to us generally. You shall not attempt in any manner or form to upload or make available to this Site any harmful software viruses (howsoever defined), malware, computer codes, unauthorized hyperlinks or hypertext links, or any other software that may cause harm, disrupt the use of this Site or remove confidential data from this Site. You shall not attempt to gain unauthorized access to this Site or attempt to hack this Site.

    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.

    If any of the Terms and Conditions are found to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable term that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.

    Please click here to print these General T&C for your reference.