LENDER’S TERMS OF USE

These Lender terms and conditions apply to a user who wishes to register to lend through the Site (i.e. a 'Lender').

A Lender is at all times subject to the specific ‘Lender terms and conditions’ set out below ('Lender 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 Lender T&C and the other applicable components of the Terms and Conditions, the Lender T&C shall prevail.

Please read these Lender 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 Lender 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 ‘Lender, as well as permitting you to offer to lend to particular Borrowers who have published loan requests on the Site are at our sole discretion. If we refuse to register you as a Lender, we may (but are not bound to) provide any reasons for our refusal.

2. You hereby represent and warrant that the personal and other details submitted by you 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, or reasonably affect a Borrower’s desire to borrow from 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 Lender 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 funding offer.

3. You acknowledge and agree that lending transactions entered into through the Site are not secured, and there is a risk that a Borrower may refuse or otherwise fail to comply with his obligations under a loan agreement (including failing to repay the loan amount in full, or even part). It is your responsibility to carefully assess the risks of any loan transaction and make an informed, independent, decision on whether to enter into a particular loan transaction through the Site (including by reading the terms and conditions of the relevant loan agreement). The information that we provide in relation to a particular loan request and/or a Borrower (including the credit rating allocated by us) is itself based on publicly available information and/or information provided by the Borrower himself, and while we will take certain reasonable measures to independently verify such information and ensure that it is up-to-date, we bear no responsibility for any loss or damage suffered by you by relying on such information (unless we have been grossly negligent or acted fraudulently).

4. Loan agreements are to be entered into and primarily managed through the Site and the services provided by us. You therefore agree not to contact or communicate (or attempt to contact or communicate) with a Borrower (or any other registered user) except through the communication channels made available through the Site, or otherwise expressly permitted under the relevant loan agreement or these Terms and Conditions.

5. Once you enter into a loan agreement through the Site, we will carry out certain services on your behalf, such as:

a) sending periodic payment pending reminders to the relevant Borrower (corresponding with the payment schedule for EMIs under the loan agreement);

b) sending overdue payment reminders to the relevant Borrower, with calculations of penalties and other applicable charges (if any EMIs are in arrears); and

c) sending letters of demand and/or instructing our authorized debt collection partners (see below) to commence debt recovery procedures in relation to loans in default.

6. Our aim is to create a regulated, secure and safe environment for the entering into and carrying out of P2P lending transactions through the use of the Site and the services provided by us. This includes ensuring that the debt recovery procedures are carried out in a systematic, professional and legally compliant manner. Accordingly, you agree to such proceedings being firstly initiated by our authorized debt collection partners(“TCMS Sri Lanka and DS Associates”), debt recovery/collections agencies appointed by us for that purpose. You are deemed to have irrevocably and unconditionally appointed our authorized debt collection partners to act as your sole and exclusive debt recovery/collections agent in relation to any loan agreement in default. The present procedure for recovery of any loans in default shall be as follows (unless otherwise agreed to by Helios P2P):

● In the event the Borrower fails (or is deemed to have failed) to make any payment due under the relevant loan agreement, in full, within seven (7) working days (i.e. days which are not Saturdays, Sundays, or public/bank holidays in Sri Lanka) of the relevant due date (as stated in the loan agreement), we will instruct our authorized debt collection partners (with all relevant documentation and information) to commence debt recovery proceedings in respect of the overdue payment(s) (which would consist of the relevant overdue EMIs and any penalty charges, interest and recovery charges (if any) thereon), and simultaneously notify you of the same;

● Our authorized debt collection partners shall then take reasonable steps to procure the payment of the outstanding sums. Such steps may include sending letters, calling and visiting the Borrower and sending letters of demand. You will be provided with periodic updates on the status of the recovery proceedings (and can also request them from time to time through your account dashboard or by e-mail to info@heliosp2p.com). In the event our authorized debt collection partners are unable to recover the outstanding sums (or facilitate a settlement between you and the Borrower, which may include you (at your discretion) accepting part-payment of the outstanding sum or payment under an installment-basis arrangement) within a period of [six (6) months] after the initiation date (i.e. the date on which our authorized debt collection partners were instructed by us to commence debt recovery proceedings), we will provide you with formal notice that debt recovery proceedings have been unsuccessful (and provide you with contact details for the Borrower in our possession).

● You then have the right to directly institute legal proceedings against the Borrower for the collection of the outstanding sums, in accordance with the dispute resolution provisions in the relevant loan agreement.

● In the event that our authorized debt collection partners are able to recover the outstanding sums (or facilitate a settlement between you and the Borrower), you agree to pay to our authorized debt collection partners (as a recovery fee) a sum equivalent to 10% of the aggregate amount recovered (whether the recovered amount is in whole or part settlement, is payable in installments or otherwise). You are responsible for paying the recovery fee to our authorized debt collection partners within [three (3) working days] of receiving notice to pay the same. You also hereby irrevocably and unconditionally authorize our authorized debt collection partners to (at its option) instruct the relevant Borrower to deduct and pay the relevant recovery fee (as calculated by it, which shall be final and conclusive as between all concerned parties save and except to the extent of any fraud or manifest error) directly to it, prior to remitting the recovered amount to you.

● In carrying out debt recovery proceedings, our authorized debt collection partners shall be deemed to be your agent and neither Helios P2P nor our authorized debt collection partners shall bear any liability or responsibility whatsoever (whether in contract, tort or otherwise) for any act (or omission) committed in accordance with these terms and conditions, the standard operating procedures of our authorized debt collection partners, in good faith, or sans gross negligence, willful misconduct or fraud.

7. The failure of a Borrower to comply with his obligations under a loan agreement with you will not excuse you from complying with your own obligations, whether to the Borrower, our authorized debt collection partners or us.

8. Our Processing Fee and any other charges (including taxes) set out in the loan agreement are to be deducted from the loan amount and paid by you to our nominated bank account, prior to remitting the remainder to the Borrower. If you fail to deduct and pay the aforesaid sums to us prior to disbursement of the loan amount, we are entitled to instruct the Borrower to deduct and pay to us the relevant amounts from and out of the EMIs, and also impose a delay penalty of [10%] of the Processing Fee.

9. 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 Borrower.

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 Borrower, 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 Lender 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 Lender 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 Lender 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, 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. 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.

15. 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 rights or obligations under any existing loan agreement, must be promptly complied with. If you believe any such directions are inconsistent with your rights or obligations under an existing loan agreement, you must immediately inform us of that fact.

16. You confirm that the funds are from legitimate sources and comply to Anti Money Laundering, Anti-Terrorist Financing, Sanctions and other applicable laws and regulations of the Democratic Socialist Republic of Sri Lanka.

17. 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 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 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.