BORROWER’S TERMS OF USE

These Borrower terms and conditions apply to a user who wishes to register to obtain a loan through the Site (i.e. a “Borrower”).

A Borrower is at all times subject to the specific ‘Borrower terms and conditions’ set out below (“Borrower T&C”), which are deemed part and parcel of the Terms and Conditions as applicable to him (which include the Privacy Policy ( accessed by clicking here) and the General T&C (accessed by clicking here)). In the event of any conflict between the Borrower T&C and the other applicable components of the Terms and Conditions, the Borrower T&C shall prevail.

Please read these Borrower T&C carefully. They impose contractual obligations which are binding and enforceable in law, and as such, should be carefully assessed before acceptance. By clicking ‘I Accept’ below, you confirm that you have read these Borrower T&C (and the other components of the Terms and Conditions), and that you understand and agree to be bound by them.

1. Your registration as a ‘Borrower’, as well as the publishing of your loan request details on the Site (to obtain lending offers from Lenders), are at our discretion. The credit rating, interest rate, and other aspects which are determined and allocated to a particular loan request by Helios P2P are also at our discretion (and we are not bound to provide any reasons for our decisions in that respect). If a loan request is published on the Site, and you are not happy with the terms allocated by us, you may request that it be removed (at any time prior to a loan agreement being entered into with a Lender) by submitting it on your account dashboard, or by e-mailing us at www.heliosp2p.com.

2. You hereby represent and warrant that the personal and other details submitted by at the time of registration are true, accurate and complete in all respects, and that you have not withheld any information which may affect our desire to register you, approve your loan request (or allocate a particular rating and/or interest rate to it), or reasonably affect a Lender’s desire to lend to you. You also hereby represent and warrant to us that:

a) you are a Sri Lankan citizen over the age of 18 years, mentally sound, not bankrupt (or in the process of commencing bankruptcy proceedings), and otherwise competent in all respects to contract;

b) you have no legal proceedings, investigations or enquiries (howsoever defined) against you (including without limitation on the basis that you have failed to pay a debt, breached a contract, committed fraud, committed tax evasion, and/or committed financial and/or other crimes);

c) that you are registering yourself as a Borrower for yourself (i.e. as principal, and not as agent).

You must inform us of any changes to the details submitted by you (including contact details) as soon as possible by e-mailing us at info@heliosp2p.com. Until we have received notice of a change (with any supporting documentation that we may require), we are entitled to rely on and use the details available on the Site (including for purposes of communicating with you). We may also require you to re-submit updated documents and information at the time of processing each new loan request.

3. You acknowledge that publishing your loan request on the Site does not guarantee a lending offer. Your loan request details will be published on the Site for a period of 60 days (“Listing Period”), after which period if you have not received a lending offer, your loan request will be taken down by us. A loan request that is taken down at the expiration of a Listing Period due to non-funding, may only be re-submitted for publishing on the Site after a further ‘cooling off’ period of 03 days.

4. If you enter into a loan agreement through the Site, you are solely responsible for complying with your obligations thereunder. While we may remind you of your obligations from time to time, that is at our discretion (and not something we are required to do) and any omission on our part to do so will not impact or affect your responsibility to keep track of and fulfill your obligations.

5. You are only able to have one loan request, or loan agreement entered into through the Site, active at any time. If you have an active loan agreement, you cannot submit another loan request until you have fulfilled all your obligations under that loan agreement.

6. Loan agreements are to be entered into through the Site. You therefore agree not to contact or communicate (or attempt to contact or communicate) with a Lender (or any other registered user) except through the communication channels made available through the Site, or otherwise permitted under the relevant loan agreement. If you are in default of your loan agreement obligations, however, the Lender and/or third-party debt collection agencies (acting on their behalf) may directly contact you to seek the fulfilment of your legal obligations; this provision shall not apply in such circumstances.

7. Our Processing Fee and any other charges (including taxes) will be deducted from the loan amount disbursed to you (unless otherwise stated in the relevant loan agreement), as will the Lender’s bank charges (if any). However, when repaying the loan, you are required to bear all your bank charges and other expenses and cannot deduct them from the relevant payments. This means you have to ensure that any repayment must be made in full, without any deduction or withholding whatsoever.

8. Once a loan agreement has been entered into, you will not seek to modify or terminate it except by first obtaining our written consent (which we may grant or refuse at our sole discretion). Such modification or termination will also be subject to the consent of the relevant Lender.

9. If you are in arrears on any loan repayments (or otherwise in default of any of your obligations under a loan agreement), and we (or the Lender) commence recovery proceedings (or take any other legal action) against you, all costs and expenses related to such recovery proceedings (or legal action) will be solely to your account. You will be responsible for reimbursing to us or the Lender for all such costs and expenses, on demand.

10. If you breach any of the terms and conditions of a loan agreement that you have entered into through the Site, and/or otherwise breach any of the Terms and Conditions, we have the right to immediately suspend or terminate your account with us (with or without notice), block any future use of the Site or our services, and/or take any other action that we deem at our sole discretion necessary to protect the interests of the relevant Lender, other users, and/or ourselves. You also agree to indemnify and hold Helios P2P (and/or our technology partners, other service partners, suppliers, agents, consultants and/or professional advisors), harmless from any claim, demand, damage, loss, liability that may result from any such breach.

11. These Borrower T&C may be modified from time to time at our sole discretion (including by the addition, amendment and/or deletion of provisions). We will inform you of any changes through notifications on your account dashboard, as well as by e-mail and/or such other forms of communication that we use from time to time to correspond with you, and such modifications will be effective as and when they are made available on the Site or as otherwise notified by Helios P2P. However, it is your duty to re-read the Borrower T&C (which are available on your account dashboard) from time to time to stay informed as to any such modifications. By continuing to use this Site after we effect the modifications, you are deemed to have impliedly agreed to the modified Borrower T&C.

12. It is your duty to be aware of all your rights and duties under applicable laws, and we are not bound to inform you of the same. This includes requirements to comply with anti-money laundering laws, suspicious transactions reporting, tax laws and other laws which govern the lending and/or borrowing of money and the entering into of financial transactions. You agree to indemnify and hold Helios P2P (and/or our technology partners, other service partners, suppliers, agents, consultants and/or professional advisors), harmless from any claim, demand, damage, loss, liability that may result from any failure on your part to comply with any of your legal obligations.

13. From time to time, we may send you marketing material. If you do not wish to receive such material, you may unsubscribe from our marketing mailing list at any time by using the unsubscribe function in the relevant electronic marketing communication, or by e-mailing us at info@heliosp2p.com.

14. You acknowledge that information set out on the Site in relation to a registered user is based on information provided to us, and/or information that we have procured from publicly available sources. We will not bear any responsibility whatsoever if such information is incorrect or incomplete unless we have been grossly negligent or acted fraudulently. It is your job to independently verify any information provided or otherwise made available to you.

15. The use or operation of your account cannot be transferred, delegated or otherwise granted (in any manner whatsoever) to another person. You are responsible for keeping your username and password secure. If there is a concern that your account details have been compromised, please let us know by e-mailing us at info@heliosp2p.com.

16. We may issue individualized directions (including requests for additional documents or information) to you from time to time, and in so far as such directions are not inconsistent with your obligations under any existing loan agreement, must be promptly complied with. If you believe any such directions are inconsistent with your obligations under an existing loan agreement, you must immediately inform us of that fact.

17. You confirm that the borrowed proceeds will be used only for legitimate and legal purposes, and in conformance to Anti Money Laundering, Anti-Terrorist Financing, Sanctions and other applicable laws and regulations of the Democratic Socialist Republic of Sri Lanka.

18. While we will generally not be a party to any loan agreements, they may expressly or impliedly grant certain rights to us or impose certain obligations on your part in our favor. You acknowledge and agree that any such rights and/or obligations may be directly enforced by us (at our discretion) by reference to this provision. We may also assign (or delegate the exercise of) any of our rights to a third party, at our discretion, and without prior notice to you.

TERMS AND CONDITIONS FOR ONLINE PAYMENTS

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 Net Banking.

● Before using this Service, it is recommended that the user shall make necessary enquiries 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/net banking transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that HELIOS or the Payment Service Provider(s) have 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 the 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 and/or the Payment Service Providers shall 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 the HELIOS and/or the Payment Service Providers, 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 and not exceeding.

● It is sole responsibility of the User to pick 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 the Institute 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 the Institute 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.