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