These Lender terms and conditions apply to a user who wishes to register to lend through the Site (i.e. a 'Lender').
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 firstname.lastname@example.org. 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 SPA Business Synergies (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 SPA Business Synergies (Private) Limited (“SPA Business Synergies”), a debt recovery/collections agency appointed by us for that purpose. You are deemed to have irrevocably and unconditionally appointed SPA Business Synergies 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 SPA Business Synergies (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;
● SPA Business Synergies 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 email@example.com). In the event SPA Business Synergies is 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 SPA Business Synergies was 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 SPA Business Synergies is able to recover the outstanding sums (or facilitate a settlement between you and the Borrower), you agree to pay to SPA Business Synergies (as a recovery fee) a sum equivalent to 6% 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 SPA Business Synergies within [three (3) working days] of receiving notice to pay the same. You also hereby irrevocably and unconditionally authorize SPA Business Synergies 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, SPA Business Synergies shall be deemed to be your agent and neither Helios P2P nor SPA Business Synergies 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 SPA Business Synergies, 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, SPA Business Synergies 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 firstname.lastname@example.org.
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 email@example.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.