POLICIES

NOTICE:Grant of Social Loan is expressly conditioned on Borrower's assent to these Terms and Conditions (“T&C”). Any acceptance of Lender's loan facility is expressly limited to these T&C. No document uploaded or document solely signed by Borrower shall modify these T&C. The Lender may amend the T&C after prior notification to the Borrower and such amended T&C will thereupon apply to the Borrower.

If the visitor to the CASHe is a minor i.e. under the age of 18 years, he/she shall not register onCASHeMobile Application and Application and shall not transact or use CASHe. As a minor, if a visitor wishes to use or transact on CASHe, such use or transaction may be made only by their parents/ legal guardian who have registered and have an online account with CASHe in their name. All monetary transactions shall be made by the parents/ legal guardians themselves. The parents/ legal guardians shall be financially responsible for access of the mobile application and for repayments of Loan availed by their children below 18 years of age. Lender reserves the right to terminate any loan application in the event of breach of any of the T&C as are set out herein.

These T&C are to be read and understood in conjunction with the User Terms and Conditions, the KYC Policy, Privacy Policy, Fair Practice Code and Loan and Risk Management Policy and any other policy as may be displayed on the Website from time to time.

This document is an electronic record in terms of the Information Technology Act, 2000 and Rules there under, as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By clicking on the ACCEPT button at the bottom of this page, you irrevocably and unconditionally accept the T&C for grant of Social Loan and these T&C will become a legally binding contract between the Lender and Yourself as the Borrower.

1. 1 Definitions

   “Amounts Due” shall mean the principal Loan Amount together with Interest and Delayed Interest and other amounts due and payable by Borrower to Lender in terms of these T&C;

   “Applicable Law” shall mean any Indian statute, law, acts of the state legislature or Indian Parliament, regulation, ordinance, rule, judgment, order, decree, bye-laws, clearances, directives, guidelines, policy requirement, or any governmental restriction or any similar form of decision of, or determination by, or any interpretation or administration having the force of law in India of any of the foregoing, by any government authority having jurisdiction over the matter in question, whether in effect as of the date of this Contract or thereafter, and includes any laws, notification, circulars, ordinances, byelaws, rules whatsoever.
   
   

   “Borrower” shall mean any individual who avails a Loan through the CASHe.

   “Business Day” means the days on which the Lender is open for business during normal business hours.
   
   “CASHe Crown” shall mean Reward Program, offering certain benefits to CASHe Customers satisfying specified criteria. The benefits & criteria are slotted separately for each variant of CASHe Crown Reward Programme viz: CASHe Silver, CASHe Gold, CASHe Platinum and CASHe Diamond.
   
   “CASHe Mobile Application” shall mean the proprietary mobile application known as/to be known as CASHe
   
   “Contract” shall include these T&C, various Policies of Lender and User Terms and Conditions as may be amended and modified from time to time.
   
   “Disbursement” means any and every amount advanced to, and borrowed by, the Borrower under the Loan.
   
   “Date of Disbursement” shall mean the date when Lender disburses or gives instruction to his bank for remittance of Loan Amount to Borrower irrespective of whether the Loan Amount is credited to the account of the Borrower on such date;
   
   

   “Default”means non-payment of Loan Amount and/or any amount due to Vender.

   “Due Date” means in respect of any amount payable under any Loan, the date on which such amounts falls due in terms of the contract; and if such date falls on a day which is not a Business Day, on the immediately preceding Business Day.

   “Loan” or “Loan Amount” shall mean the facility availed by the Borrower and sanctioned by the Lender, from time to time.
   
   “Lender” shall mean Bhanix Finance and Investment Limited (Herein after referred as “Lending NBFC”), and where the Loan is assigned shall mean any entity to whom the Loan is assigned by Lender.
   
   “Material Adverse Effect” with respect to any Person, means a material adverse effect:
   
   • (i) on such Person's assets, business, operations, property, liabilities, condition (financial or otherwise) or prospects; or
   • (ii) on the ability of such Person to comply with its obligations under this Contract.
   
   
   

   “T&C” shall mean these Terms and Conditions.

   “Term” shall mean the term of the Loan which is 60+7 (Sixty plus seven), 90 (Ninety), 180 (One Hundred Eighty), 270 (Two Hundred and Seventy) and 1 year (360) days or as may be communicated to borrower from the Date of Disbursement and /or may be suffixed to CASHe e.g. CASHe 60+7 (for 60+7 days ), CASHe 90 (for 90 days), CASHe 180 (for 180 days), CASHe 270 (for 270 days), and CASHe 1 year (for 360 days).The final decision on Terms and Loan amount will be of Lender.

   “Persons” shall mean an individual, and shall include legal representatives, administrators, executors, heirs, their respective successors and permitted assigns.

   “Policies” include but not be limited to Know Your Customer Policy, Loan and Risk Management Policy, User Terms and Conditions, Privacy Policy of the Lender displayed on the CASHe Website.

   “Registered Account” or “Account” shall mean the account of the Borrower registered with CASHe.

   “Social Loan Quotient” or “SLQ” shall have the meaning ascribed to it in clause 2.5 of these T&C.

   “Website” shall mean and include the CASHe Mobile Application, the internet resource www.cashe.co.in, and any other media platform through which the CASHe application, software and platform is run. The terms “Website” and “CASHe” are used interchangeably in these T&C.



2. 2. Registered Account and Social Loan Quotient

   • 2.1 Registered Account:In order to avail a Loan through CASHe, the Borrower is required to register himself with CASHe. The registration can be done only through a valid Facebook, LinkedIn or Google identity. The CASHe mobile application runs on Android and iOS phones and Borrower shall ensure to not close or uninstall or disable or discontinue the CASHe mobile application so long as Loan Account is not fully repaid, once he has availed of a Loan hereunder. Borrower is required to register with CASHe only once against which he will receive a Unique Customer Number. Once Borrower is registered with CASHe, he can apply and avail loans from CASHe from time to time without having to register again. If any of the Borrower's profile details change, i.e. Employer, Salary, Address, Contact Details, Bank Account Details etc., the Borrower must notify CASHe immediately.
   
   
   • 2.2 The eligibility criteria for registration with CASHe is as below:
     • Borrower should be above the age of 18;
     • Borrower should be in employment;
     • Borrower should hold a valid bank account in his own name;
     • Borrower should have a valid Google, LinkedIn account and/or Facebook account.
     •  Borrower should have PAN No, PAN Card, Officially Valid Documents (OVD) as prescribed by Reserve Bank of India which includes passport, driving licence, the Voter’s Identity Card issued by Election Commission of India, job card issued by NREGA duly signed by an officer of the State Government, letter issued by the National Population Register containing details of name and address.
   
   
   • 2.3 The Borrower will have to provide basic details and documents as stipulated in the Registered Account opening page in order to be duly registered with CASHe. The documents required to be submitted to the Lender will be in accordance with the Know Your Customer Policy of the Lender displayed on the Website from time to time. Any change in basic details and documents provided by the Borrower should be intimated.
   
   
   • 2.4 Based on the documents and details provided, the Borrower's eligibility will be calculated and Borrower will be informed of his eligibility and providing all required documents and details. It may be possible that in certain cases, the eligibility assessment may take longer than expected due to Borrower's profile being incomplete, or requisite documents are not being provided or additional information, documents are required to establish the credibility of the Borrower.
   
   
   • 2.5 Social Loan Quotient: Borrower acknowledges that the Social Loan Quotient (SLQ) is a proprietary credit rating score of CASHe to let customers to borrow money whenever they need it and wherever they need it through Lender using CASHe Technology. The SLQ is an evaluation of the Borrower's social presence on the basis of, but not limited to, details provided, mobile data, Facebook and/or LinkedIn, his employment history, and other parameters. Essentially, it determines how l the Borrower is likely to pay back the Loan and amounts due to the Lender. The Borrower can be prevented from applying for Loan in absence of SLQ or adequate SLQ, at the discretion of Lender.
   
   
   
   • 2.6 The Borrower consents that he shall accept eligibility criteria including SLQ arrived at by the Lender/third party agency commissioned by the Lender. The Lender or third party agency shall not be liable under any circumstances to share the computation or details or basis of arriving at the eligibility criteria including SLQ.
   
   
   • 2.7 The Lender reserves the sole right and discretion to approve your application without having the need to provide any reasons for the same. Lender reserves the sole right to accept or reject a loan application, if the Borrower/customer does not fit the criteria set out by Lender.
   
   



3. 3. Facility

   • 3.1 The Loan that can be availed by the Borrower in multiple of Rs.1000/- ranges between Rs. 5000/- to Rs. 3,00,000/- depending on the SLQ of the Borrower and options chosen by the borrower and at the absolute discretion of Lender.
   
   
   • 3.2 The Borrower has to fill an online application on the CASHe app confirming the amount of Loan that he seeks to avail. Having provided all documents and details required by Lender, Borrower shall receive an intimation confirming amount of Loan that the Borrower is eligible to receive. Thereafter, the Loan Amount will be disbursed to the Borrower's Bank Account, as per latest Bank Statement uploaded by borrower.
   
   
   
   
   • 3.3 The Lender may but shall not be obliged to make a Disbursement unless –
     • i. Borrower has duly filled the application form pertaining to Loan on the CASHe;
     • ii. Borrower has provided all documents and details required by CASHe; to the satisfaction of Lender.
     • iii. The SLQ of the Borrower is as per the eligibility criteria of the Lender;
     • iv. The Borrower has electronically provided and confirmed the promissory note/ acknowledgement of debt and has accepted these T&C and Policies hereunder;
     • v. Borrower has not committed breach of any provision of this Contract and no Event of Default, or event which after a lapse of time or notice is capable of becoming an Event of Default, has occurred;
     • vi. there is no occurrence of a Material Adverse Effect on the Borrower;
     • vii. the Borrower has fulfilled all other conditions as may be specified by the Lender from time to time.
   
   
   • 3.4 A Disbursement shall be disbursed to, or on behalf of, the Borrower as may be decided by the Lender. A Disbursement made on behalf of the Borrower(s) shall be deemed to be a borrowing by the Borrower.
   
   
   • 3.5 Borrower can avail of Loan under one Registered Account within the upper limit of Rs. 3,00,000. The Loan shall not be revolving. Each Loan availed by Borrower shall be distinct and separate and in multiples of Rs. 1,000/-.
   
   
   • 3.6 The Borrower shall use the loan amount for the purpose stated at the time of loan application and shall under no circumstances use the Loan Amount for any unlawful, speculative and/or capital market use and/or antisocial purposes and/or purchase of gold/gold bullions/gold coin/gold jewelry/gold exchanges traded funds/gold mutual funds. In the event that personal loan availed by the Borrower(s) from the Lender has been used for purposes as prohibited above or mentioned in the loan agreement, the Lender shall be entitled to do all such acts, things that is required or may deem necessary to comply with its policies, including but not limited to liquidating Borrower(s), holding investments at that time. Further all cost and expenses incurred by the Lender as a result thereof will bear by the Borrower(s).
   
   
   • 3.7 Notwithstanding anything stated above or elsewhere in this Contract, it is expressly agreed by the Borrower that the Lender shall not be bound to continue the Loan or make any Disbursement, and the Lender may, in its sole and exclusive discretion, at any time, without assigning any reason, decline to make a Disbursement or otherwise discontinue the Loan consequently recalling the entire Loan, which decision shall be binding on, and shall not be questioned by, the Borrower, and the Lender shall not be liable for any damages or other consequences to the Borrower or any other Person by reason thereof.
   
   
   • 3.8 Notwithstanding anything contained herein, it is clarified that the Borrower shall repay the loan amount and amounts due to the Lender forthwith on demand. Unless the demand is made by the Lender, the Borrower shall repay the Loan on the Due Date.
   
   



4. 4. Procedure for Drawdown and Disbursement

   • 4.1 4.1 As stated in clause 3.2 above, once the Borrower receives the intimation regarding his eligibility from CASHe, he has to choose the amount of Loan that he wishes to avail (“Disbursement Request”). Thereafter the Loan Amount will be disbursed to the Borrower's bank account while registering his account along with uploading of latest Bank Statement reflecting salary credit. At no point of time shall Lender be responsible for any loss caused due to Borrower having provided erroneous bank details and/or Bank Statement.
   
   
   • 4.2 The SLQ and offer to avail Loan shall be available to the Borrower at the discretion of Lender for a period of 90 (Ninety) days from date of intimation received by Borrower. If Borrower fails to log-in and make the Disbursement Request within 90 (Ninety) days of receiving intimation from CASHe, the offer shall lapse and Borrower will have to make a fresh request for Loan with CASHe.
   
   
   • 4.3 Notwithstanding anything contained hereinabove, the Lender may at its sole and absolute discretion allow or disallow Disbursement of any Loan. Borrower agrees that the Lender's decision whether to allow or disallow Disbursement of Loan shall be final and binding and Borrower shall have no right under law, to contest the Lender's decision.
   
   



5. 5. Suspension or Cancellation by Lender

   • 5.1 The Lender may, by notice to the Borrower, suspend the right of the Borrower to Disbursements or cancel the undisbursed portion of the Loan Amount in whole or in part:
     • i. if any Event of Default has occurred and is continuing or if the Event of Default is, in the reasonable opinion of Lender, imminent; or
     • ii. if any event or condition has occurred which has or can be reasonably expected to have a Material Adverse Effect on the Borrower; or
     • iii. if the total Loan Amount is not disbursed within the time period stipulated herein.
   
   
   • 5.2 Upon the giving such notice as specified in clause 5.1, the right of the Borrower to any further Loan or disbursement shall be suspended or cancelled, as the case may be. The exercise by the Lender of its right of suspension shall not preclude Lender from exercising its right of cancellation, either for the same or any other reason specified in clause 5.1 and shall not limit any other provision of these T&C and Policies. Upon any cancellation the Borrower shall, subject to clause 5.3, pay to Lender all fees and other amounts accrued (whether or not then due and payable) under this Contract up to the date of cancellation.
   
   
   • 5.3 In the case of partial cancellation of the Loan pursuant to clause 5.1, interest on the amount then outstanding on the Loan remains payable as provided in clause 6 (Interest).
   
   

6. 6. Interest

   • 6.1 Rate of Interest and Payment of Interest
     • 6.2 Interest and Payment of Interest
       • • 3% flat per month (36.50% p.a.) of the Loan amount for Tenure of 60+7 days
         • 2.75% per month (33.46% p.a.) of the Loan amount for Tenure of 90 days.
         • 2.50% per month (30.42% p.a.) of the Loan amount for tenure of 180 days.
         • 2.50% per month (31.42% p.a.) of the Loan amount for tenure of 270 days
         • 2.00% per month (24.33% p.a.) of the Loan amount for tenure of CASHe one year (360 days).
         • The processing fee and applicable interest charges for loan products viz. 60+7 and 90 days will be deducted at source.
         • For 180-day product loan, the processing fee and applicable interest charges i.e. 7.50% will be collected at source for the first three EMIs. The balance interest charges i.e. 7.50% will be levied across the tenure of the loan paying months (6 months).
         • For 270 days product loan, the processing fee and applicable interest charges i.e. 5% will be collected at source of the first 2 (two) months and the balance interest charges i.e. 17.5% will be levied across the tenure of the loan paying months (9 months).
         • Similarly for CASHe One year (360 days) product the processing fee and applicable interest charges i.e. 6.00% of the first 3 (three months) will be collected at source and the balance interest charges i.e. 18.00% will be levied across the tenure of the loan paying months (12 months).
         • The Interest Amount shall be deducted from the Loan Amount at the time of disbursement along with Processing Fee.
         • If Borrower availing 60+7 days Loan, fails to repay the EMI of Loan after the expiry of each 30 days from Loan disbursement, then 7 days grace period offered from the due date of instalment. If the Borrower fails to repay the loan within the grace period, then 3% flat (156.43% p.a.) for each 7 days from the due date of instalment, including grace period will be charged as delayed interest.
         • If borrower availing 90 days Loan fails to repay 1/3rd or such instalment amount of Loan availed on expiry of each 30 days from Loan disbursement, then 7 days grace period offered from due date of instalments. If borrower fails to pay within grace period then 3 % flat (156.43 % p.a.) for each 7 days from due date of instalments, including grace period will be charged as delayed interest.
         • If borrower availing 180 days/270 days/one year Loan, fails to repay the EMI of Loan availed on expiry of each 30 days from Loan disbursement, then 7 days grace period offered from the due date of instalments. If borrower fails to pay within grace period then 3% flat (156.43 % p.a.) for each 7 days from due date of instalments, including grace period will be charged as delayed interest.
         • Grace Period will be 7 days from the due date and failure to pay within the due date will attract overdue interest @3% per week (156.43 % p.a.) till full and final payment.
         • These Interest deducted at source from the principal sanctioned Loan amount, therefore effective rate of interest on the net disbursed amount will vary from 0.55% to 1.56% (without deduction of processing fees).
         • Lender is free to offer concession in Interest payment and/or Processing Fee, at its own discretion. *Deducted at source.
         • The Interest levied by the Lender may vary with the interest levied by other Lenders. The Borrowers should compare the rate of interest before accepting loan.
         
         
         

         Processing Fees, Commission and Other Payments:

         The Borrower shall be liable to pay the Lender a First-time processing fee plus GST, for each category of loan e.g. 60+7, 90, 180, 270 and one year (360) days loan period, as per slabs given below (“Processing Fee”). Lender reserves the right to change the amount of Processing Fee at any time.

         Product	Loan Amount	Processing Fees
         CASHe 60+7 days	9000 to 80000	2% flat on Loan Amount
         CASHe 90 days	19000 to100000	2% of Loan Amount
         CASHe 180 days	25000 to 100000 101000 to 149000 150000 to 200000	1275 1775 2275
         CASHe 270 days	30000 to 250000	2% flat on Loan Amount
         CASHe One year	50000 to 300000	1500 or 3% of Loan Amount whichever is higher

         
         
         *Processing Fee means charged/levied by the Lender to the Borrower against the processing of loan, which the Borrower will pay to the Lender.
         The processing fees levied by the Lender may vary with the processing fees levied by other Lenders. The Borrowers should compare the processing fees before accepting loan.
         *GST, as applicable from time to time shall be levied/recovered
         
         • On Processing fees
         • Pre-closure Charges, if any.
         • At present GST is applicable as : (i) For Borrower from Maharashtra – CGST @ 9% and SGST @ 9% on Processing Fees
           (ii) Other Borrowers – IGST @18% on Processing Fees
         
         
       • i. For Repeat of Loan of CASHe 60+7, 90, 180, 270 days and one year, the processing fee as under –

       Product	Loan Amount	Processing Fees(INR)
       CASHe 60+7	9000 to 25000 26000 to 50000 51000 to 75000 76000 to 10000	300 400 500 750
       CASHe 90 days	19000 to 25000 26000 to 50000 51000 to 75000 76000 to 100000	400 500 750 1000
       CASHe 180 days	25000 to 100000 101000 to 149000 150000 to 200000	1275 1775 2275
       CASHe 270 days	30000 to 250000	2% flat on Loan Amount
       CASHe 1 Year	50000 to 300000	1500 or 3% of Loan Amount whichever is higher

       • ii. The interest shall be calculated from the date of disbursement of the loan. The date of disbursement shall be deemed to be the date when the Lender provides instructions to its Banker for transfer of loan Amount to the Borrower.
       • iii. The determination of interest by Lender, from time to time, shall be final and conclusive and shall be binding upon the Borrower.
       • iv. Any applicable interest tax, as applicable, shall be payable by the Borrower.
       • v. The Borrower shall, if so, required by the Lender, ECS Mandate or RTGS or NEFT Mandate to the Lender for the due payment of the loan along with Interest on the Loan thereon.
     
     
     • 6.2 Variation of Interest Rate
       • i. The Lender shall have at its absolute discretion the right to vary the rate of Interest/ commission/ other charges (including Delayed Interest Rates) applicable to the Loan from time to time.
       • ii. It is clarified that such variation shall be effective from the date of such variation in the books of the Lender and not from the date of notice/receipt of notice by the Borrower.
     
     
     • 6.3 Delayed Interest for Default period
       • i. The Lender shall levy a Delayed Interest at 3% flat (156.43% p.a.) for every week after the due date (including extensions) as stated in Clause 6.1. Please refer clause 6.1 above for illustration on calculation of Delayed Interest.
       • ii. The Borrower acknowledges that the rates of Interest and of Delayed Interest agreed to by the Borrower are reasonable and the rates of Delayed Interest represent pre-estimates of losses and damages expected to be incurred by the Lender due to the non-payment of dues by the Borrower on or before the Due Date. The Borrower acknowledges that the Loan is a commercial transaction and specifically waives any defence under usury or other Applicable Laws relating to or restricting interest.
   
   
   • 6.4 CASHe Crown’s Reward:
     • CASHe Silver is entry level.
     • CASHe Gold, with prompt repayment value of Rs. 2,00,000
     • CASHe Platinum, with prompt repayment value of Rs. 4,00,000
     • CASHe Diamond, with prompt repayment value of Rs. 6,00,000
   
   
   

   Product	CASHe Gold	CASHe Platinum	CASHe Diamond
   	Rate of Interest Loan Eligibility of Net monthly salary	Rate of Interest Loan Eligibility of Net monthly salary	Rate of Interest Loan Eligibility of Net monthly salary
   CASHe 90	reduced from 8.25% to 8.10% (32.85% p.a) NA	reduced from 8.25% to 7.95% (32.24% p.a) NA	reduced from 8.25% to 7.65% (31.02% p.a)
   CASHe 180	reduced from 15% to 14.70% (29.81 p.a.) NA	reduced from 15% to 14.40% (29.20% p.a.) NA	reduced from 15% to 13.80% (27.98% p.a.) 210% to 252%

   
   Notes:
   • 1) Benefit of either reduction in Rate of Interest
     OR
     Increase in Loan Eligibility can be opted. Both benefits are not available for same Loan Transaction.
   • 2) Any defaulter shall not be eligible to avail benefits under CASHe Crown and defaulter will immediately loose CASHe Crown classification.
   • 3) CASHe Crown offer is entirely at discretion of Lender .
   
   

   • 7. Repayment and Pre-Payment

     • 7.1 Repayment
       • i. Borrower shall repay the Amounts Due through any one of the following methods:

       (a) Net Banking Payment to the Bank Account of Lender: as will be communicated by SMS and/or email registered with loan application.

       (b) Cash or Cheque to be deposited into the Lender's Bank Account, in exceptional cases, when Borrowers Bank is unable to execute Net Banking Transaction.

       (c) UPI payment through VPA account registered with CASHe app.

       • i. In case of any change in Bank Details, Borrower will receive an SMS and/or email. with details of Lender Bank Account in which Amounts Due are to be deposited.
       • ii. Borrower is required to mail Repayment details to Lender at support@cashe.co.in or by uploading payment details into the mobile application.
       • iii. If any payment under these T&C is required to be made on or before a day which is not a Business Day or within a day which is not a Business Day or within a period which ends on a day which is not a Business Day, then the Borrower shall be required to make the payment on the immediately preceding Business Day.
       • iv. Lender will intimate Borrower through SMS and/or email regarding Due Date of Repayment of Amounts Due. However, Lender assumes no obligation to provide such intimation to the Borrower. The Borrower agrees that it shall be entirely its responsibility to ensure prompt payment of the Amounts Due on the Due Dates.
       • v. Repayment of the Facility is to be made by the Borrower on or before the Due Date at the end of Term of Loan.
       • vi. The Lender shall be entitled to recalculate/ re-compute the Amounts Due if the Lender varies the interest rate and/or upon the occurrence of any event which in the opinion of the Lender necessitates a re- computation/ recalculation of the same.
       • vii. The Borrower shall electronically confirm and provide a promissory note for due repayment of the Amounts Due and in addition if so required by Lender, give post-dated cheques or ECS Mandate, RTGS Mandate, NEFT requests drawn in favour of Lender or such instruments for payment as may be prescribed by the Lender for the due repayment of the Amounts Due. Such ECS Mandate or cheques shall be deemed to have been given for adequate consideration already received by the Borrower and shall not absolve the Borrower from his liability to pay the said sums hereunder until the cheque or the ECS Instruction is duly realized. The Borrower shall maintain adequate balance for realisation of the cheques or the ECS Instructions on their Due Dates for payment.
       • vii. The first tranche of repayment must be from the Borrowers’ KYC Compliant Bank Account.
     
     
     • 7.2 Prepayment
       Notwithstanding the above, if the Borrower wishes to repay any Loan Amount or Amounts Due or part thereof before its Due Date, the Borrower may do so and send the payment details to support@cashe.co.in. However, Borrower acknowledges that interest deducted at source for the entire 60+7 /90 / 180 /270/ one year(360) days (as applicable) Term of the Loan as stated in Clause 6.1, will not be reduced or refunded in case of prepayment of the Loan. The Borrower may, on such terms and conditions as may be imposed by the Lender, be entitled to prepay any Loan Amount or Amounts Due or part thereof before its Due Date.
     
     
     • 7.3 Recall by the Lender
       • i. Lender reserves the right to recall, any cash disbursed to Borrower for failure to disclose materially valuable information to determine credit profile. If Borrower has provided false or misleading information, Lender will call for the Loan Amount/Amounts Due to be repaid within 24 (twenty four) hours, following which Borrower will be deemed to have committed an Event of Default and Consequences of Event of Default shall follow.
       • ii. Notwithstanding anything contained elsewhere in these T&C or any Policies, Lender shall be entitled to, in its sole and absolute discretion, and without assigning any reason, recall the Loan Amount or Amounts Due or any part thereof by giving to the Borrower 3 (three) Business Days' notice in writing or such longer notice period as may be mandatorily required under Applicable Law, in such event, the Borrower shall be liable to repay / pay the same to the Lender within 3 (three) Business Days of receiving such notice. Upon expiry of the period of notice, the entire Amounts Due shall immediately stand repayable by the Borrower to the Lender.
   
   

   • 8. Eligibility, Commission and other Payments

     • 8.1 Eligibility for the Loan :
       - CASHe 90 days – 110% of net monthly income. Minimum is Rs. 19000 and maximum not exceeding Rs. 100000 (Subject to repayment of previous loan (if any) on or before due date) and minimum salary should be Rs. 22,000
       - CASHe 180 days – 210% of net monthly income. Minimum is Rs. 25000 and maximum not exceeding Rs. 200000 and for Diamond borrower, limit will be 252% and minimum salary should be Rs. 22,000.
       
       
       
       [ Note. The above Eligibility and terms are entirely at discretion of Lender]

       In the case of CASHe 60+7 and 90 days products, the Borrower can apply for auto-repeat and for CASHe 180 days, 270 days and one year loan, the Borrower can’t go for auto-repeat of Loan.

       
       
     • 8.2 The Borrower shall be solely liable to bear and pay to the Lender all costs, charges and expenses incurred by the Lender in connection with this Contract, any other documents including but not limited to all costs, charges and expenses incurred for enforcing any provision thereof or recovering any amount payable by the Borrower, all costs of creation, enforcement, realization (or attempted enforcement and realization) of any Amounts Due, including stamp duties (including penalties thereof), all document charges, legal fees, holding costs, registration charges and court fees; any bank charges and charges for dishonoured cheques; and the Borrower shall pay the same to the Lender forthwith on (and in any event within 3 (three) Business Days) of demand by the Lender. In any such cases, the Borrower shall be black listed and no further Loan sanction or Disbursement Request shall be entertained by the Lender.
     
     
     • 8.3 The Borrower agrees that he is liable to pay the stamp duty, other fees as applicable on all the documents/ instruments executed by and between the parties or any of them pursuant to the Loan granted by the Lender to the Borrower including but not limited to the Contract and keep the Lender indemnified against all loss, costs, charges and expenses that may be suffered or incurred by the Lender by way of any direct or indirect taxes such as service tax, transaction tax, stamp duty or other fees of any nature.
     
     
     • 8.4 Additionally, the Borrower shall also be liable to make payment of all costs, charges, expenses including interest and penalty, if any, payable as a result of non-payment or payment of deficient stamp duty on any of the aforesaid documents, including but not limited to this Contract and all legal costs as between the attorney and clients on a full indemnity basis.
     
     
     • 8.5 Payment of Taxes
       
       
       • i. Tax on Interest/ Commission: The Borrower shall be liable to pay tax on the interest/ commission payable on the Amounts Due under the said Loans at the prevailing rate(s). The Borrower shall bear and pay any increase in the rate of tax. Where the Lender is required to pay any tax either in pursuance of a general statute or specific order of the Government or other statutory authority relation to only the Lender, the Borrower agrees, declares, confirms and affrms that any increase in the rate of interest/ commission effected by the Lender as a sequel to such statute will be binding on the Borrower and become payable from the date it becomes effective on the Lender.
       • Tax on Processing Fee: Borrower shall be liable to pay GST on the processing fee payable by the Borrower to the Lender for the processing of Application of Loan.
       
       
       • ii. All payments of whatever nature (whether by way of principal interest or otherwise) shall be made to the Lender immediately, i.e. clear funds on the day on which they are due, without right of set off or counterclaim or deduction and free and net of all taxes, imposts and levies of any nature whatsoever, by whomsoever imposed, both present and future. All payments shall be made to the place specified by Lender and shall be so paid as to enable the Lender to realize the sum on or before the Due Date. The payment shall be deemed to have been made only on realisation and credit for payment shall be given only on realisation.
   
   

   • 9. Representations and Warranties

     • 9.1 The Borrower hereby declares, assures, agrees, represents and warrants prior to and upon acceptance of these T&C and at the time of disbursement/ availing of the Loan that:
       
       • i. The details and description of the Borrower provided at the time of Account opening is accurate.
       • ii. The Borrower is competent to contract under The Indian Contract Act, 1872.
       • iii. Any declarations and information which has been or which may hereafter be provided by the Borrower to the Lender in relation to the Loan, including in the application form for the Loan and in relation to any other Loan availed of by the Borrower from the Lender or any other Persons, is true and accurate and complete in all respects and is not misleading in letter or spirit whether by reason of omission to state a material fact or otherwise.
       • iv. The Persons, if any, availing of and operating the Loan and each disbursement for and on behalf of the Borrower are and will be duly authorised by the Borrower to do so.
       • v. The Borrower is fully empowered to enter into this Contract and to perform his obligations hereunder, and these T&C and Policies are duly accepted by the Borrower, and constitute legal, valid and binding obligations of the Borrower enforceable against him.
       • vi. No proceedings have been initiated and no events have occurred in connection with insolvency, bankruptcy, liquidation protection against creditors or declaration as a relief undertaking or other similar matters in relation to the Borrower, and there is no order for the appointment of a receiver, administrator, liquidator or other similar Person or authority in relation to the business, undertaking or assets of the Borrower.
       • vii. Nothing contained herein conflicts with any Applicable Law, regulation or bye law of the Central or a State Government or any local, revenue, tax or statutory authority, including the Securities and Exchange Board of India, the Reserve Bank of India, stock exchange or any other authority, which is binding on the Borrower.
       • viii. The Borrower is not in arrears of any demand including income tax, corporate tax and any other taxes, rates or levies or any other statutory dues payable to the Central or State Governments or any local, statutory or other authority.
       • ix. The entering into and acceptance by the Borrower of these T&C and Policies constitute acts done and performed for private and commercial purposes and Borrower will not be entitled to claim immunity for himself or any of his assets from suit, execution, attachment or legal process in any proceedings in relation to these T&C and Policies.
       • x. If the Borrower authorizes any other Person to transact with the Lender, then such act of the authorized Person shall be binding on the Borrower.
       • xi. The Borrower has not been included in the list of defaulters by any regulatory/ statutory authority and/or banks and/or financial institutions and/or Non-Banking Financial Companies etc.
       • xii. The Borrower cannot avail more than Rs. 60,000 (Rupees Sixty Thousands) in a year if he fails to submit Aadhaar Number, Permanent Account Number and other Official Valid Documents pertaining to current address proof i.e utility bill of any of the service provider (electricity, telephone, post-paid mobile phone, water bill, piped gas) not older than two months or property or Municipal tax receipt and has to submit these documents within six months from the date of commencement of account based relationship with Bhanix/CASHe.
       • xiii. The Borrower will fully cooperate with Lender for OTP based, other KYC verification.
     
     
     • 7.2 Each of the representations and warranties contained herein shall be continuing representations and warranties and shall be deemed to have been made by the Borrower and on the date of acceptance of these T&C and repeated by him on every day during the subsistence of this Contract including, in particular, on the date of, and on the date prior to each application for, and grant and disbursement of any part of Loan amount.
     
     
     • 7.3 The Borrower agrees to accept the statement of account sent by Lender or by any other authorized representative of Lender as conclusive proof of the correctness of any sum claimed to be due from the Borrower unless the Borrower reverts to Lender within a period of 3 (three) Business Days from the date of dispatch of statement of account.
   
   

   • 8. Borrower Covenants

     • 8.1 The Borrower hereby agrees and undertakes that:
       • i. He shall promptly inform the Lender in writing if the Borrower voluntarily or involuntarily becomes the subject of any insolvency or bankruptcy law or proceedings.
       • ii. He shall inform the Lender if a receiver, administrator, liquidator or other similar Person or authority is appointed or sought to be appointed in relation to the Borrower or his assets.
       • iii. If any representation or warranty provided by the Borrower is found to be incorrect or misleading as on date of acceptance of this T&C or application for or release of any disbursement or at any time during the subsistence of these T&C, or if the Borrower commits breach of any provision of this Contract, the Borrower shall forthwith inform the Lender of the same. Notwithstanding the same, any breach of the representations, warranties and covenants, shall be deemed to be an Event of Default.
       • iv. The Borrower covenants that the Borrower shall disclose all such information regarding substantial changes in the Borrower's financial position to the Lender from time to time.
       • v. Notwithstanding anything to the contrary, the Borrower agrees that the Lender shall have the general right of cancellation or withdrawal of any undrawn Loan, in part and/or in full, or the repayment on demand of any drawn Loan, including the right to call for cash cover on demand for prospective and contingent liabilities.
       • vi. To execute and deliver to the Lender such further agreements, undertakings, declaration, assurance, security documents and writings as the Lender may from time to time require in relation to the Loan.
       • vii. vii. To bear and pay all taxes, rates, duties (including stamp duties), charges and other imposts and obligations existing as well as future, in respect of the Loan and these T&C, the transactions hereunder and all writings executed pursuant to or in connection herewith.
       • viii. The Borrower shall notify the Lender immediately of any:
         • (a) Lawsuits, governmental proceedings, or claims which, individually or in the aggregate, involve an amount exceeding 25% of the Borrower's net worth or which may impair the Borrower's ability to perform his obligations hereunder if the relief prayed for were granted.
         • (b) Occurrence of any Event of Default or any event which with the passage of time (with or without notice) or the giving of notice may result in an Event of Default.
     
     
     • 8.2 The Borrower authorizes the Lender to obtain a credit report from a Credit Bureau, or other service provider that holds the Borrower's credit history and related details. The Lender has the right to use the Borrower's credit report, social media profile/content, cell phone data and employment data for authentication, credit scoring and credit decision purposes. The Borrower's credit rating will along with some personal and credit information might be displayed with the Borrower's Loan details to other Lender members or the public to facilitate their own credit decision. The Borrower authorizes the Lender to verify information, and the Borrower agrees that the Lender may contact third parties to verify any such information. The Lender will require and obtain from Credit Bureau a copy of the Borrower's credit report each time the Borrower requests for a Loan.
     
     
     • 8.3 The Borrower authorizes the Lender to undertake verification procedures to confirm Borrower's personal identity, Borrower's bank account, Borrower's social status and any other information that the Borrower provides to the Lender through the production of appropriate documentation by the Borrower. The Borrower also accepts that the Lender may provide the Borrower's information to a third party to conduct information and identity verification and the Borrower hereby authorizes the Lender to request and obtain data from a third party to verify any information about the Borrower.
     
     
     • 8.4 The Borrower agrees that the Borrower will not, in connection with the Borrower's Loan application (i) make any false, misleading or deceptive statements or omissions of material fact in the listing; (ii) misrepresent identity, or describe, present or portray himself/herself as a person other than the Borrower; (iii) give to or receive from, or offer or agree to give to or receive from any person any fee, bonus, additional interest, kickback or thing of value of any kind; or (iv) represent himself/herself to any person, as a representative, employee, or agent of CASHe, or purport to speak to any person on behalf of CASHe/Lender.
     
     
     • 8.5 Borrower agrees that it is his sole obligation to pay Loan Amount, as and when they fall due.
     
     
     • 8.6 The Borrower authorizes the Lender to exercise mandate including e-Mandate, ECS, NACH, UPI, etc. for direct debit of the Borrowers’ account for the outstanding Loan amount including interest. The Borrower authorises the Lender to enforce lien on the Bank Account for the purpose of repayment of entire loan including interest.
     
     
     • 8.7 The Borrower agrees to mandatorily complete KYC verification and also submit Bank account details, upload self-attested Bank Statement and will be scrutinized by Perfios or any third party agency appointed by Lender.
     
     
   
   

   • 9. Event of Default and Consequences of Event of default

     • 9.1 Each of the following events is, and shall be deemed to constitute, an ‘Event of Default’:
       • i. If the Borrower commits any breach of any provision of the T&C or Policies or other document including but not limited to (a) default or delay in payment of any Amounts Due within the valid extension period as mentioned in Clause 6.1; (b) misrepresentation or breach of any obligations, warranties, assurances, covenants, statements and particulars mentioned in these T&C or Policies; (c) any information given by the Borrower in his application for grant of Loan is incorrect or misleading, or a representation, warranty or statement made or deemed to be made hereunder or in connection with the Loan or any transaction undertaken with Lender, is incorrect or misleading in any respect.
       • ii. If Borrower is subject to any bankruptcy or insolvency law.
       • iii. The death/lunacy or other disability of the Borrower.
       • iv. If the Borrower is unable to pay his debts as and when they arise or there is an apprehension of such inability or if the Borrower has admitted such inability in writing.
       • v. If the Borrower has defaulted or is likely to default in repayment or compliance with the terms of any other Loan sanctioned or availed by the Borrower from Lender or any other Person or an Event of Default being constituted in relation to any of the Borrower's credit, borrowing or any other arrangement with any Person or entity other than the Lender.
       • vi. If there is any commencement of a legal (including arbitration) process against the Borrower.
       • vii. If the Borrower shall stop payments or threatens to stops any payments to the Lender.
       • viii. If there exists any other circumstance which, in the sole opinion of the Lender, is prejudicial to the interest of the Lender.
       • ix. Change in residential status of Borrower.
     
     
     • 9.2 Consequences of Event of Default
       • i. In addition to any general lien or similar right to which the Lender may in law generally be entitled, the Lender may at its discretion use and enforce its right of set off and cross default between all the Loans Amount sanctioned to the Borrower.
       • ii. The Borrower's default under this Loan shall be deemed to be a default of all the other Loans availed by the Borrower, and notwithstanding anything contrary elsewhere contained in any writing or otherwise, the Lender shall regard all borrowings by the Borrower as immediately due and payable and the Lender shall be entitled to recall all the Loans granted to the Borrower.
       • iii. The Lender may, in its absolute discretion, and notwithstanding any direction by the Borrower to the contrary, (i) appropriate any payments made by the Borrower towards repayment of any part of the Amounts Due by the Borrower under the Loan as the Lender in its discretion thinks fit; and (ii) appropriate any payments made by the Borrower pursuant to this Contract towards any Indebtedness of the Borrower, and such appropriation shall be final and binding upon the Borrower who shall continue to remain indebted to the Lender for payment of the dues under this Contract in respect of which such sum of money were paid by the Borrower.
       • iv. On the happening of any of the Events of Default, the Lender shall be entitled, without prejudice to any other right or remedy which the Lender may have under this Contract or otherwise in Applicable Law and notwithstanding any subsequent acceptance of any repayment of the Loan Amount including the interest and penalty thereof, take any of the steps specified hereinbelow without any notice, except as specified herein, at any time after the occurrence of such event:
         • (a) by a notice to the Borrower, to terminate this Contract and/or declare the Amounts Due, due and payable forthwith.
         • (b) the Lender and/or CASHe may use Borrower's personal and public details as available on the cell phone and social network sites (including friend list, employer of borrower) and contact them directly or through agency(s) commissioned by the Lender and to publicly announce the fact about Borrower's default with Borrower's details on its Website as well as Borrower's social media pages, other social media platforms and other avenues. Borrower expressly grants his irrevocable and unequivocal consent to such publishing of fact of default by Borrower on his social networking pages and other media and further acknowledges and confirms that the same will not be construed as a 'defamation' and hereby expressly indemnifies Lender against any suits, claims or actions against lender for defamation of Borrower.
         • (c) exercise and enforce all rights and remedies available to the Lender under this Contract and in Applicable Law for recovery of monies from Borrower.
         • (d) appoint/nominate any Agency, law firm or person to legitimately recover default amount from the Borrower.
     
     
     • 9.3 All expenses incurred by the Lender after an Event of Default has occurred including in connection with collection of Amounts Due shall be payable by the Borrower.
     
     
     • 9.4 Notwithstanding any suspension or termination of this Contract as specified hereinabove, all the provisions of this contract for the benefit or protection of the Lender and its interests shall continue to be in full force and effect as specifically provided in this Contract.
     
     

   • 10. Term and Termination

     • 10.1 The Parties are deemed to have entered into this binding Contract with effect from date of acceptance by Borrower of these T&C clicking "ACCEPT" button ("Effective Date"). These T&C shall continue to subsist until expiry or terminated as hereinafter provided.
     
     
     • 10.2 The Lender may in its sole discretion, with or without cause, terminate this Contract at any time by giving the Borrower a notice.
     
     
     • 10.3 The Lender has the right to terminate the Borrower's registration immediately and without notice upon the Lender's reasonable determination that the Borrower has committed a fraud or made a material misrepresentation in connection with a Loan, or performed any prohibited activity, or otherwise failed to abide by the T&C herein or the Policies.
     
     
     • 10.4 On termination of this Contract, the entire Amounts Due shall be forthwith repayable by Borrower to Lender. It is hereby expressly clarified that notwithstanding the termination of this Contract or the recall of the Loan Amount or Amounts Due, all of Borrower's obligations pursuant hereto which have accrued prior to the termination, shall be duly performed and all the obligations of the Borrower shall remain enforceable until the due repayment of the Amounts Due.
     
     
   
   

   • 11. Sanction

     • 11.1 Lender may be required to take any action to meet Compliance Obligations relating to or in connection with the detection, investigation and prevention of financial crime ("Financial Crime Risk Management Activity") and act in accordance with the Applicable Laws, regulations and requests of public and regulatory authorities operating in various jurisdictions which relate to Financial Crime. Lender may take any action which it, in its sole and absolute discretion, considers appropriate to take in accordance with all such Applicable Laws, regulations and requests.
     
     
     • 11.2 Such action may include but is not limited to (a) screening, intercepting and investigating any instruction, communication, drawdown request, disbursement, application for services, or any payment sent to or by you, or on your behalf, (b) investigating the source of or intended recipient of funds (c) combining Borrower Account Information with other related information in the possession of the Lender, and/or (d) making further enquiries as to the status of a Person, whether they are subject to a sanctions regime, or confirming your status (e) share information on a confidential basis with such affiliates whether located in India or overseas in relation to prevention of Financial Crime.
     
     
     • 11.3 Exceptionally, Financial Crime Risk Management Activity may lead to Lender delaying, blocking or refusing the making or clearing of any payment, the processing of borrowers instructions or application for services or the provision of all or part of the services. To the extent permissible by Applicable Law, Lender shall not be liable to borrower or any third party in respect of any loss (whether direct or consequential and including, without limitation, loss of profit or interest, however it arose) that was suffered or incurred by you or a third party, caused in whole or in part in connection with the undertaking of Financial Crime Risk Management Activity.
     
     
     • 11.4 In certain circumstances, the action which Lender may take may prevent or cause a delay in the processing of certain information. Therefore, neither Lender nor any of its affiliate warrants that any information on Lender's systems relating to any payment messages or other information and communications which are the subject of any action taken pursuant to this clause is accurate, current or up-to-date at the time it is accessed, whilst such action is being taken.
     
     
     • 11.5 For the purpose of the present clause:
       • i. “Compliance Obligations” means obligations of the Lender to comply with: (a) laws or international guidance and internal policies or procedures, (b) any demand or request from authorities or reporting, disclosure or other obligations under laws, and (c) laws requiring us to verify the identity of our customers.
       • ii. “Financial Crime” includes money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions, and/or any acts or attempts to circumvent or violate any laws relating to these matters.
   
   

   • 12. Notices

     • 12.1 The Borrower hereby agrees, permits and consents with the Lender that uploading of details and documents on the Website or providing the same through internet / email to the email address provided by the Borrower at the time of account opening or subsequently modified by way of a written communication. For the sake of clarity all of the above documents are referred to as 'Digital Documents'. The Borrower acknowledges that once Digital Documents are uploaded/mailed by the Lender at Borrower's email address registered with it, it shall be deemed to have been received by the Borrower and hence there will be no further requirement on the part of the Lender to send the same physically in the paper based format to the Borrower. The Borrower hereby acknowledges that he has read and understood the following points governing issuance of the Digital Document by the Lender.
       • i. For the purpose of the above, the email address used would be the same as provided by the Borrower at the time of Account opening. Any change in the email address of the Borrower shall be immediately intimated by the Borrower to the Lender by editing the profile information of the Borrower through the Website.
       • ii. The Borrower shall access the digital documents electronically. The Borrower understands that it is his responsibility to review all such digital documents. All information contained therein shall be binding on the Borrower, if the Borrower does not object, either in writing or via electronic mail within 24 hours after any such documents are available to the Borrower.
       • iii. The Borrower agrees that, the Lender fulfils its legal obligation to deliver to the Borrower any such document if sent via electronic delivery.
       • iv. The Borrower agrees that the Lender shall not be responsible for non-receipt of Document(s) sent via electronic delivery due to change in/incorrect email address provided by the Borrower for the purpose or for any other reason which inter alia include insuffcient space in the inbox of the Borrower, technical reasons or malfunction of the Borrower/'s computer system(s) server/internet connection etc. It shall be the responsibility of the Borrower to intimate the Lender of any change in the Borrower's e-mail account(s).
       • v. The Lender shall not be liable or responsible for any document or statement received from frauds or impostors or any consequences thereof.
       • vi. The Lender shall not be liable for any problem, which arises at the Borrower's computer network because of the Borrowers receiving any such statement from the Lender.
       • vii. The Borrowers understands and agrees that the Lender shall be entitled to charge to the Borrowers fees / charges for sending such Documents. Such fees and charges shall be intimated to the Borrower from time to time by the Lender.
       • viii. The Borrower acknowledges and accepts that the internet is not a fully secured or a protected medium of communication and provision of services due to the public nature of the communication and that the accuracy, reliability and soundness of such means of communication and provision of services depends upon, amongst others, the service providers and the telephone, modem, cables, systems, facilities and the like used and operated from time to time by such providers and other participants. Borrower acknowledges and further accepts that, as a result of such restraints or limitations, there are risks associated in using such means of communication including the congestion, breakdown, interruption or failure of transmission of the internet service or any communication equipment or facilities, errors, omissions or delays in the transmission and receipt of data and information. There are also other risks involved such as in the unauthorised access, tampering, modification or alteration of the service and/or the system, components and software used or comprised in the service which may result in the use, manipulation, retrieval or the theft or loss of data and information, including Borrower's personal data. The Borrower agrees that the Lender shall not be liable / responsible for such matters and resultant losses under any circumstances.
     
     
     • 12.2 Any notice or communication to Lender may be given by way of email to the following email address:
       
       Kind Attn.: PRINCIPAL OFFICER- CASHe BHANIX FINANCE AND INVESTMENT LTD
       
       Email Address:legal@cashe.co.in
       Or send a message by filling the form from ‘Contact US’ window available on the CASHe Website.
   
   

   • 13. Transfer and Assignment

     
     
     • 13.1 13.1 The Lender may, at any time and from time to time, without any consent of or reference to the Borrower, grant, sell, securitize, assign or transfer to any bank, financial institution or other Person(s), for any purpose whatsoever, any or all of its rights, benefits and/or obligations hereunder, the loan documents, Contract including the right to receive the Loan Amounts and Amounts Due or any part thereof and, in particular, may grant / transfer such rights by way of a sale or as a charge or other security or for obtaining risk or financial participation in the Loan and, in such case, the same shall be binding on the Borrower, any Person to whom such rights are granted, transferred or assigned shall be entitled to the full benefit of such rights and all the terms, conditions, representations, warranties and covenants contained herein on the part of the Borrower shall be valid, binding and in full force and effect in favour of such transferees, assignees, purchasers or participants in the Loan.
     
     
     • 13.2 The Lender is required to act in accordance with the Applicable Laws and regulations operating in various jurisdictions which relate to the prevention of money laundering, terrorist financing and the provision of financial and other services to any Persons or entities which may be subject to sanctions. The Lender may take, and may instruct other members of the Lender's group to take, any action which it, in its sole and absolute discretion, considers appropriate to take in accordance with all such Applicable Laws and regulations. Notwithstanding any provision of this Contract, neither the Lender nor any member of the Lender's group will be liable for loss (whether direct, consequential or loss of profit, data or interest) or damage suffered by any party arising out of:
       • i. Any delay or failure by the Lender or any member of the Lender's group in performing any of its duties under this Contract or other obligations caused in whole or in part by any steps which the Lender, in its sole and absolute discretion, considers appropriate to take in accordance with all such Applicable Laws and regulations; or
       • ii. The exercise of any of the Lender's rights under this clause.
   
   

   • 14. Disclosure of Information

     • 14.1 The Borrower hereby irrevocably agrees and consents to the Lender and/or CASHe disclosing to or publishing with any agencies, bureaus, companies, firms, associations, corporate or unincorporated bodies and other Persons including any outside agencies and credit bureaus (whether for its own use or for onward communication or disclosure by them to others) including but not limited to Credit Information Bureau Limited (""CIBIL") or any other agency authorized by Reserve Bank of India ("RBI") in this behalf, any information or details whatsoever concerning the Borrower including the Borrower's accounts, the financial relationship of the Borrower and history with the Lender, the manner of operation of the Borrower's account(s), the debit or credit balance in any and all accounts of the Borrowers, any default(s) by the Borrower, or any other financial relationship or Loans granted or to be granted to the Borrower and/or the identities, ages, addresses, telephone and fax numbers and other information of or relating to the Borrower (hereinafter collectively referred to as 'the Information'). The Borrower shall not hold the Lender and/or CASHe responsible for sharing and/or disclosing the Information now or in the future and also for any consequences suffered by the Borrower and/or others by reason thereof. The provisions of this clause shall survive even after the term/termination of this Contract and the repayment of the Loan Amount by the Borrower.
     
     
     • 14.2 The Borrower undertakes that CIBIL or any other agency so authorized may use/process the said information and data disclosed by the Lender and/or CASHe in the manner as may be deemed fit by them. CIBIL or any other agency so authorized may furnish for consideration the processed information, data and products thereof prepared by them to banks, Financial Institutions ("FIs") or other credit granters or registered users as may be specified by RBI in this behalf.
   
   

   • 15. Governing Law, Jurisdiction and Arbitration

     • 15.1 This Contract shall be governed by and construed in accordance with the laws of India.
     
     
     • 15.2 Unless the same falls within the jurisdiction of the Debts Recovery Tribunal established under the Recovery of Debts to Banks and Financial Institutions Act, 1993, any and all claims and disputes arising out of or in connection with this Contract or its performance shall be settled by arbitration by a single arbitrator appointed by the Lender. The seat of arbitration shall be in Hyderabad
     
     
     • 15.3 Nothing contained herein shall be construed as extinguishing, limiting or ousting the jurisdiction of the concerned Debt Recovery Tribunal, if any, available to the Lender.
     
     
     • 15.4 15.4 For the exclusive benefit of the Lender, the Borrower irrevocably agrees that any legal action, suit or proceeding arising out of or relating to or pursuant to the Loan or other ancillary or related documents may be brought in the courts of Hyderabad. By accepting these T&C and Policies, the Borrower irrevocably submits to the jurisdiction of the Courts of Hyderabad in any such action, suit or proceeding. Final judgement against the Borrower in any such action, suit or proceeding shall be conclusive and may be enforced in any other jurisdiction, by suit on the judgment, a certified or exemplified copy of which shall be conclusive evidence of the judgment, or in any other manner provided by Applicable Law.
     
     
     • 15.5 Nothing contained herein shall affect the right of Lender to commence legal proceedings or otherwise sue the Borrower in any other appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other papers upon the Borrower in any manner authorized by the Applicable Laws of any such jurisdiction.
   
   

   • 16. Miscellaneous

     • 16.1 Entire Understanding:These T&C are to be read and understood in conjunction with the KYC Policy, Loan and Risk Policy, Website Terms and Conditions, Privacy Policy and any other Policies that may be displayed on the Website from time to time and represents the entire agreement in respect of the Loan Amount between the Lender and the Borrower hereto on the subject matter hereof. Any provision of these T&C which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or enforceability but that shall not invalidate the remaining provisions of this Contract or affect such provision in any other jurisdiction.
     
     
     • 16.2 Indemnity:
       • i. i. The Borrower hereby indemnifies and agrees to keep the Lender indemnified against all costs, charges, expenses, penalties, claims, demands and damages including legal charges that the Lender may incur or be put to by reason of any third party claiming any right, title or interest in the Loan or any other breach of this Contract or any breach of warranty or misrepresentation by the Borrower.
       • ii.ii. Nothing in this Contract shall be construed as limiting, restricting, making void or otherwise negating any right of set off in favour of the Lender existing or arising in common law, by statute or otherwise howsoever.
       
       
     • 16.3 Severability: If any provision of these T&C or the Policies are held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of such T&C or relevant Policies, as the case may be, shall continue in full force and effect as if the Contract between the Parties had been entered into without the invalid, illegal or unenforceable provisions.
     
     
     • 16.4 Waiver: The waiver by either Party of a breach of a default by the other Party of any provision relating to these T&C or any Policies shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power, or privilege that it has, or may have thereunder, operate as a waiver of any right, power, or privilege by such Party.
     
     
     • 16.5 16.5 Amendment and Modification: The Lender may amend the T&C and notify the same to the Borrower and such amended T&C will thereupon apply to the Borrower. Lender may amend any Policies and upload the same on the Website and thereupon such amended Policies shall apply to any agreement or understanding between the Borrower and Lender.
     
     
     • 16.6 No Assignment: These T&C shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of the Parties hereto. Borrower shall not assign, delegate or otherwise transfer all or any part of his rights or obligations under this Contract without the prior written consent of the Lender and any purported assignment made in violation of these T&C shall be void. Lender may at any time assign all or any part of its rights, obligations and benefits hereunder to any of its subsidiaries or affiliates or transfer or novate all or any part of its rights, benefits and obligations hereunder, to any third party including any bank, financial institution or institutional lender.
     
     
     • 16.7 Interpretation: Clause, headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of these T&C. Words importing the plural shall, except where the context otherwise requires, include the singular and vice versa.
     
     
     • 16.8 Disclaimer of Agency: These T&C shall not be deemed to constitute any Party hereto as the agent of any other Party hereto. Nothing contained in these T&C or Policies and no action taken by the Parties hereunder shall be deemed to constitute a relationship of employer-employee or agency or of partnership between the Parties.
   
   

BORROWER CONFIRMATION AND ACCEPTANCE

Use of CASHe Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the CASHe Website.

I HEREBY CONFIRM THAT I AM 18 YEARS OF AGE OR ABOVE AND HAVE THE LEGAL CAPACITY TO ACCEPT THE CASHe PRODUCT TERMS AND CONDITIONS AND POLICIES.

I HEREBY CONFIRM THAT I AM DULY REGISTERED WITH THE CASHe WEBSITE AND ALL INFORMATION PROVIDED BY ME IN RESPECT OF ACCOUNT REGISTRATION AND AVAILING THE LOAN THROUGH CASHe IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.

I CONFIRM THAT I HAVE FULLY UNDERSTOOD THESE TERMS AND CONDITIONS. THE LENDER IS ENTITLED TO USE THE SAID INFORMATION AS WELL AS INFORMATION FROM ANY SOCIAL, MOBILE NETWORK AND ALSO ENTITLED TO ASSIGN, TRANSFER THE LOAN (IN FULL OR PART) ALONGWITH INTEREST TO ANY OTHER COMPANY, APPROVED BY RBI.

 

COMMENTS TO LOAN AND RISK POLICY

LOAN & RISK MANAGEMENT POLICY

Lending NBFC has adopted a Loan and Risk Management Policy in accordance with the guidelines issued by Reserve Bank of India, provisions of the Companies Act 2013, Memorandum & Articles of Association and guidelines issued under any statutory Acts, Rules & Regulations. The Policy is in strict adherence to the Prudential Norms applicable under IRAC norms prescribed to the NBFCs.

This Policy is applicable to the present loans given and future loans which the Company may lend subject to the adoption of this policy and amendments from time to time.

Objective of the Policy:

While formulating this Policy all the principles of lending are taken in to consideration. Lending activities exposes the Company to following Risks:

1. Security Risk
2. Liquidity Risk
3. Interest Risk
4. Market Risk

While formulating the Loan Policy the utmost care is taken to minimize the above Risks. The following measures are put in place to hedge the Risks.

1. Security Risk:When a Loan is extended to the borrower, the major concern is securing the Principal Amount lent. The Prospective borrower is subjected to be scrutinized for his/her/its creditworthiness by means of background checking, his/her/its repayment culture through SIBIL and the past dealings. Any Amount lent is to be well secured by Primary Security generally a tangible security in the form of Property, Financial Instruments and Commodities/ Equipment’s and secured by collateral security in the form of personal/third party guarantee. Adequate margin should be maintained on Assets against its current fair market value depending on the business structures. This will not apply to unsecured loans granted by Company


2. Liquidity Risk:The Company shall always maintain a healthy liquidity to meet the demand in the Market. The Assets and Liabilities should be matched with their maturities. The timely payment of Principal and interest by the borrower keep the liquidity level at an optimum level to meet the Company’s obligations towards its lenders. As the Credit is created on multiple credit creation concepts, a proper Repayment Schedule should be prescribed to the borrower and a policy is drawn to take care of collection process.


3. Interest Risk:The interest rates are subject to change depending upon the Monetary Policies adopted by the Regulators from time to time in the market and the Company is exposed to the Risk of Interest Rate. To mitigate this Risk the Company has adopted a separate Interest Rate Policy that takes care of the Risk. It is the endeavour of the Company to maximize the Interest Income as the major Loan Portfolio is managed on interest spread between Assets and Liabilities. Timely collection of Interest on due dates also will minimize the risk.


4. Market Risk:The Company is exposed to Market Risks like Price changes, Geographical changes, changes in Acts, Rules and Regulations. To hedge these Risks the Company has formed Loan, Risk Management and Investment Committees. These committees oversee controls and follow up the entire process of Loan Sanction, Security/Safety measures, Margin setting, Exposure Limits, Collection Process and Risk Management activities.

Loan & Risk Management Committee (“Committee”):

The Company has formed a Committee authorized to take decisions on the Loan Proposals received, set the Terms and Conditions for each type of Loan sanctioned, monitor and control/manage the Risks arising out of Financial Exposure in the Market. The committee consists of:

• Whole-time Director
• Group Chief Financial Officer
• Chief Financial Officer / Head Accounts

Limits/Exposures:

The amount which the Committee can lend should not exceed the following limits.

1.	Cap on the amount of lending to single entity	Rs.1000.00 Lakhs
2.	Cap on the amount of lending to a Group of Companies	Rs2000.00 Lakhs
3.	Companies	10% of the NOF
4.	Inter Corporate Deposits	Rs. 500.00 Lakhs

Period/Tenure of Loans:

1. The loans to be offered by the Company are for a period as may be required by the borrower and subject to the nature of each specific loan product of Lending NBFCs. However, it should not be more than 60 months.
2. Foreclosure of Loan account: The borrower shall be entitled to foreclose the loan account provided the prior approval of the Lending NBFC’s Management is obtained. In such case the Company may charge foreclosure charges as may be negotiated with the borrower. For specific loan products such as the CASHe/Social Loan, Company may permit foreclosure without the requirement of prior approval of Lending NBFC’s Management.
3. Prepayment of Loan Amount: The borrower shall be entitled to prepay any amount exceeding his periodic repayment instalments. In such case the Company may charge prepayment charges as may be negotiated with the borrower.
4. The loan may be sanctioned to a single borrower in one or more tranches. However, the total exposure should not exceed the limits specified in the policy unless approved by the Board.

Right to Recall:

The Company reserves the right to recall the Loans either in part or in full, during the tenure of the Loan giving prior notice to the borrower and providing adequate time to the Borrower to liquidate the same.

Rate of Interest:

The rate of interest should not be less than 2% (Two percent) above the Lending NBFC PLR per annum. If the rate of interest to be charged exceeds the maximum permissible limit as per the Reserve Bank of India’s guidelines from time to time, the approval of the Board will be obtained. For CASHe borrowers maximum rate of interest shall be 36.5% per annum at the time of disbursement of the Loan amount and delayed interest shall be 104 % per annum past the Due Date. If the rate of interest to be charged exceeds the maximum permissible limit as per the Reserve Bank of India’s guidelines from time to time, the approval of the OCM will be obtained.

Restructuring of Loan:

The Company may restructure the loan by modifying/altering/varying the terms and conditions of the loans disbursed. The restructuring may be for the loan amount, rate of interest, tenure, etc. in accordance with the loan policy.

Custody of the Loan and Security Documents:

All documents related to the loan accounts including security documents, if any, offered by the borrower shall be kept in the safe custody of the Company. The security documents, if any, is to be returned to the borrower on recovery of the full amount of loan, interest and other charges.

Loan Register:

The Company should maintain the register of all the loans made and same to be produced to the auditors for the verification at the time of audit and to the RBI officials at the time of inspection.

Brokers/Agents:

The loan Committee shall be authorized to appoint Brokers / Agents to act as introductory person / intermediary.

Exceptions:

The staff loans as per the policy of Personnel Department are not covered under this policy.

Contraction/Interpretation:

Any question or doubt as to the meaning or interpretation of any provision of this policy shall be referred to the Loan & Risk Management Committee of the Company. The decision of the majority of the members of the committee, on any such doubt shall be final and binding.

 

Contents

1. PREAMBLE

2. OBJECTIVES, SCOPE AND APPLICATION OF THE POLICY

3. KEY ELEMENTS OF THE POLICY

• a) Customer Acceptance Policy (“CAP”)
• b) Risk Management
• c) Customer Identification Procedures (“CIP”) and Customer Due Diligence (CDD)
• d) Monitoring of Transactions
• e) Reliance on third party due diligence
• f) Record Keeping
• g) Introduction of New Technologies
• h) Training Programme
• i) Reporting to Financial Intelligence Unit – India

ANNEXURE I- Customer Identification Procedure and Documents that would be obtained from Customers, who are individuals

1. PREAMBLE:

The Reserve Bank of India (RBI) has issued comprehensive ‘Know Your Customer’ (KYC) Guidelines to all Non-Banking Financial Companies (NBFCs) in the context of the recommendations made by the Financial Action Task Force (FATF) on Anti Money Laundering (AML) and Combating Financing of Terrorism (CFT). In view of the same, Bhanix Finance and Investment Limited (“Herein after referred as, “the Company” or “Bhanix”) has adopted the said KYC guidelines with suitable modifications depending on the activities undertaken by it.

The Company has formulated this KYC Policy based on RBI’s Master Direction- Know Your Customer (KYC) Direction, 2016, dated 25th February 2016, updated as on July 12, 2018.

The Company would ensure strict compliance with the Prevention of Money-Laundering (PML) Act, 2002 and the Prevention of Money-Laundering (PML) (Maintenance of Records) Rules, 2005 and RBI’s Master Direction-KYC Direction, 2016 and any subsequent amendments/ instructions issued by RBI.

The Company is a non-deposit taking NBFC and, as such, is not exposed to many of the risks which a deposit taking company is exposed to.

This policy has been approved by the Company’s Board of Directors. Any changes to the policy would need the approval of the Board of Directors. The policy would be updated as and when required.

2. OBJECTIVES, SCOPE AND APPLICATION OF THE POLICY:

a) To prevent money laundering or terrorist financing activities;

b) To enable the Company to know and understand its Customers and their financial dealings better which in turn help the Company to manage its risks prudently;

c) To put in place appropriate controls for detection and reporting of suspicious activities in accordance with applicable laws/laid down procedures;

d) To comply with applicable laws and regulatory guidelines;

e) To ensure that the concerned staff are adequately trained in KYC/AML/CFT procedures. This KYC Policy should be read in conjunction with related operational guidelines issued from time to time.

3. KEY ELEMENTS OF THE POLICY:

The Company is primarily in the business of lending to its customers who are individuals through its app “CASHe”. CASHe is a mobile app which facilitates the provision of personal loans, based on the details provided by the customer in the mobile application form, and through other modes of communication.

This Policy includes the following elements:

a) Customer Acceptance Policy (CAP)

b) Risk Management

c) Customer Identification Procedures (CIP) and Customer Due Diligence (CDD)

d) Monitoring of Transactions

e) Reliance on third party due diligence

f) Record Keeping

g) Introduction of New Technologies

h) Training Programme

i) Reporting to the Financial Intelligence Unit- India

Designated Director

The Board has nominated a Designated Director, who will ensure overall compliance with the obligations imposed under Chapter IV of the Prevention of Money Laundering Act and the Rules framed thereunder. The name, designation and address of the Designated Director has been communicated to the Financial Intelligence Unit, India (FIU-IND). It would be ensured that the Principal Officer, referred to below, would not be nominated as the Designated Director.

Principal Officer

The Board has nominated a senior officer as the Principal Officer, who would be responsible for ensuring compliance, monitoring transactions, and sharing and reporting information to the Financial Intelligence Unit (FIU-IND), as required under the law/regulations. The name, designation and address of the Principal Officer had been communicated to FIU-IND.

a) Customer Acceptance Policy (“CAP”):

The Company’s CAP lays down the criteria for acceptance of Customers. The guidelines in respect of customer relationship in the Company broadly include the following:

The Company would not enter into a transaction with any customer in the following cases:

i. where the customer has furnished an anonymous or fictitious / benami name.

ii. where the Company is unable to apply appropriate Customer Due Diligence (CDD) measures, i.e., the Company is unable to verify the identity and / or obtain required documents either due to non-cooperation of the customer or non-reliability of the documents / information furnished by the customer.

iii. where the required Customer Due Diligence (CDD) procedure is not followed.

iv. where the identity of the customer or any of its promoters or directors or partners (if the customer is a corporate entity or a firm) matches with any person or entity whose name appears in the sanction lists circulated by RBI.

v. where the customer is engaged in any business/ activity that is illegal or undesirable.

The Company would not enter into a transaction with such entities and report the matter immediately to RBI and FIU-IND.

The Company would prepare a profile for each new Customer during the credit appraisal, based on risk categorization as mentioned in this Policy. The Customer profile would contain the information relating to the Customer’s identity, social status and nature of employment or business activity. The nature and extent of due diligence will depend on the risk perceived by Company.

At the time of credit appraisal of the Customer, the details would be recorded along with the profile based on the documents provided by the Customer and verified by Company either by itself or through third party sources, subject to satisfaction of prescribed conditions. The documents collected will be as per the product norms as may be in practice. However, while preparing the Customer profile, the Company would seek only such information from the Customer which is relevant to the risk category and which is not intrusive. Any other information from the Customer would be sought separately with his/her consent and after opening the Registered Account. The Customer profile will be a confidential document and details contained therein would not be divulged for cross selling or for any other purposes.

b) Risk Management:

As per the KYC policy, for acceptance and identification, the Company’s Customers would be categorized based on perceived risk, broadly into three categories – A, B & C. Category A would include High Risk Customers, Category B would include Medium Risk Customers while Category C would include Low Risk Customers.

None of the Customers will be exempted from the Company’s KYC procedures, irrespective of the status and relationship with Company or its Promoters. The due diligence to be exercised would depend on the risk categorisation of the customers. Enhanced due diligence will be carried out in respect of customers falling in the medium and high-risk category.

The Company currently lends to salaried Indian resident. Board categorization is based on income, age profile, social loan quotient, credit bureau and other obligations of the customer. Individuals whose identities and sources of wealth can be easily identified and transactions in whose accounts by and large conform to the known profile, shall be categorized as low risk by the Company. Illustrative examples of a low-risk Customer of the Company would be salaried employees whose salary structures are well defined, people belonging to lower economic strata of the society whose accounts show small balances and low turnover, Government departments and Government owned companies, regulators and statutory bodies etc. In such cases, the Policy may require that only the basic requirements of verifying the identity and location of the Customer are to be met. Customers that are likely to pose a higher than average risk to the Company will be categorized as medium or high risk depending on Customer's background, nature, location of activity, and profile etc. The Company may apply enhanced due diligence measures based on the risk assessment, thereby requiring intensive ‘due diligence’ for higher risk customers, especially those for whom the sources of funds are not clear. Examples of customers for which Company may undertake higher due diligence is as under:

a. Employees of Trusts, charities, NGOs, and organizations receiving donations,

b. PEP;

c. PEPs of foreign origin,

e. Persons having very Low Social Loan Quotient (SLQ) i.e. SLQ Grade. (SLQ is a proprietary credit rating score developed by the Company)

c) Customer Identification Procedures (“CIP”) and Customer Due Diligence (CDD):

Customer Identification means identifying the Customer and verifying his/her identity by using reliable, independent source documents, data or information. The Company would obtain sufficient information necessary to verify the identity of each new Customer along with brief details of its employer.

The Company would obtain sufficient identification data to verify the identity of the Customer, his address/location, his employment details and also his recent photograph. The Company does not provide loan to non-individuals and hence this KYC Policy does not refer to documentation and KYC Procedures for Customers that are legal persons or entities. As and when the Social Loan would be accessible to non-individuals, applicable KYC Policy for the same would be included herein in terms of the RBI guidelines. The Company would adhere to the customer identification requirements keeping in view the applicable provisions of the PML Act and Rules and as per the directions issued by RBI in this respect. An indicative list of the nature and type of documents/information that may be relied upon for Customer Identification is given in Annexure I. The Company will formulate and implement a Customer Identification Programme to determine the true identity of its Customers keeping the above in view.

The Company would periodically update the Customer Identification Data after a transaction is entered into. The periodicity of updating of the Customer Identification data would be once in five years in case of low risk category customers and once in two years in case of high and medium risk categories.

Allotment of Unique Customer Identification Code

The Company will allot a Unique Customer Identification Code (UCIC) while entering into new relationships with individual customers, which would help the Company identify its customers, track the facilities availed, monitor financial transactions in a holistic manner and enable the Company to have a better approach for risk profiling of customers.

d) Monitoring of Transactions:

The Company shall monitor its lending activities and will pay special attention to all complex, unusually large transactions and all unusual patterns which have no apparent economic or visible lawful purpose.

The Company does not accept any deposits. Most of the Company’s loans are small term based EMI loans across all categories of borrowers. Hence the transactions with the Company will at all times be restricted to the EMI/loan repayable over the tenor of the loan. No other transactions what so ever nature other than the repayment of the loan with interest will be carried out by the Customer with the Company.

e) Reliance on third party due diligence:

For the purpose of verifying the identity of customers at the time of commencement of a relationship, the Company may, rely on customer due diligence done by a third party, subject to the following conditions:

• Necessary information of such customers’ due diligence carried out by the third party is immediately obtained by the Company.

• Copies of identification data and other relevant documentation relating to the customer due diligence requirements shall be made available from the third party upon request without delay.

• The third party is regulated, supervised or monitored for, and has measures in place for compliance with customer due diligence and record-keeping requirements in line with the requirements and obligations under the PML Act.

• The third party is not based in a country or jurisdiction assessed as high risk.

However, the ultimate responsibility for customer due diligence will be with the Company.

The Company would ensure that decision-making functions of determining compliance with KYC norms are not outsourced.

f) Record Keeping:

The Company would adhere to applicable instructions for maintenance, preservation and reporting of customer account information with reference to the provisions of the PML Act and the Rules made thereunder. The Company would

i. maintain all necessary records of transactions between the Company and the customer for at least five years from the date of transaction;

ii. preserve the records pertaining to the identification of the customers and their addresses obtained while sanctioning the loan and during the course of business relationship, for at least five years after the business relationship is ended;

iii. make available the identification records and transaction data to the competent authorities upon request;

iv. introduce a system of maintaining proper record of transactions prescribed under Rule 3 of Prevention of Money Laundering (Maintenance of Records) Rules, 2005 (PML Rules, 2005);

v. maintain all necessary information in respect of transactions prescribed under PML Rule 3 so as to permit reconstruction of individual transactions, including the following:

• the nature of the transactions;

• the amount of the transaction and the currency in which it was denominated;

• the date on which the transaction was conducted; and

• the parties to the transaction.

vi. evolve a system for proper maintenance and preservation of account information in a manner that allows data to be retrieved easily and quickly whenever required or when requested by the competent authorities;

vii. maintain records of the identity and address of their customer, and records in respect of transactions referred to in Rule 3 of the PML Rules in hard or soft format.

g) Introduction of New Technologies:

Adequate attention would be paid by Company to any money-laundering and financing of terrorism threats that may arise from new or developing technologies. The Company would ensure that appropriate KYC procedures issued from time to time are duly applied before introducing new products/services/technologies.

h) Training Programme:

The Company would put in place an adequate screening mechanism as an integral part of its recruitment/ hiring process of personnel so as to ensure that person of criminal nature/ background do not get an access to misuse the financial channel.

The Company would conduct ongoing employee training programs so that members of the staff fully understand the rationale behind the KYC Policy and ensure compliance with the same.

Training requirements would have a different focus for front line staff, compliance staff and officer/ staff dealing with new Customers. The front desk staff would be specially trained to handle issues arising from lack of customer education.

i) Reporting to Financial Intelligence Unit – India:

• The Company will furnish the required information as referred to in the PML (Maintenance of Records) Rules, 2005 to the Director, Financial Intelligence Unit-India (FIU-IND).

• In case a Suspicious Transaction Report (STR) is filed, the Company would ensure that the fact of furnishing of STR is kept strictly confidential. It would be ensured that there is no tipping off to the customer at any level.

• The Company would put in place a robust management information system, which would highlight/ throw up alerts when the transactions are inconsistent with risk categorization and when there are suspicious transactions.

• Details of accounts resembling any of the individuals/entities in lists as referred under the head “Customer Acceptance Policy” or any other UN Security Council Resolutions (UNSCRs) circulated by RBI would be reported to FIU-IND apart from advising Ministry of Home Affairs.

ANNEXURE I- Customer Identification Procedure and Documents that would be obtained from Customers, who are individuals:

The Company would obtain the information from an individual borrower, as prescribed by RBI from time to time. The documents may be uploaded by the borrower in pdf/jpg format.

1) In respect of individuals eligible for enrolment of Aadhaar, the Company would obtain

a. The Aadhaar Number;

b. The Permanent Account Number (PAN)

c. Voter’s Identity card

d. Driving License

Where an Aadhaar number has not been assigned to an individual, proof of application of enrolment for Aadhaar shall be obtained wherein the enrolment is not older than 6 months

In case Aadhaar number is not submitted, certified copy of an Officially Valid Document (OVD) containing details of identity and address and one recent photograph shall be obtained.

2) In case the identity information relating to Aadhaar or PAN does not have the current address, an OVD as defined in the RBI Master Direction and brought out in the Policy may be submitted. In case the OVD furnished by the borrower does not contain the updated address, the following documents shall be deemed as OVDs for the limited purpose of proof of address:

a. Utility bill which is not more than two months old of any service provider (electricity, telephone, post-paid mobile phone, piped gas, water bill)

b. Property or Municipal Tax receipt

c. Pension or family pension payment order (PPOs) issued to retired employees of Government Departments or PSUs, if they contain the address

d. Leave and License agreements

e. Letter of allotment of accommodation from employer issued by State Government or Central Government Departments,

statutory or regulatory bodies, PSUs, Scheduled Commercial banks, Financial Institutions and Listed Companies and Leave and License agreements with such employees allotting official accommodation

3) The Company would also obtain the bank statement of the borrower.

NOTE:

1. PAN Card shall be verified electronically from NSDL so as to ascertain correctness of PAN Number and corresponding name appearing in Income Tax data base. The said verification may be carried out by the Company itself or through an independent Agency.

2. Similarly AADHAR, Driving License & Voters ID shall be verified through Independent Agency.

3. Utility Bills and Passport will be used to verify address

4. Customer will electronically upload his selfie.

5. Bank statement will be used to verify bank account No.

All Documents uploaded should be self-certified. Additional documents may be called for, if necessary.

The Company would advise the customer to make the first payment from a Bank with whom Customer has completed all KYC requirements.

Introduction

Aeries Financial Technology Private Limited (“us”, “we”, or “Aeries” or “Company”) is the exclusive licensee in Indian Territory of the internet resource www.cashe.co.in as well as the CASHe mobile application platform and any other application or software run under the brand name “CASHe”. The CASHe application and software whether run through the internet resource www.cashe.co.in or through the CASHe mobile application or on any other media platform shall hereinafter be referred to as the “App/Application” or “CASHe”.

We value online privacy & security while browsing through the App and availing the Services available on the App. We make every effort to ensure that the information you provide will not be misused. This privacy policy (“Privacy Policy”) would apply to information we collect when you register with CASHe, or when you access or use our App, or avail the Loan and facilities on our App (collectively the “Services”). Persons using the Services are hereinafter referred to as “Users” or “you”. By accessing the App, you are accepting the terms of this Privacy Policy.

Our goal in this Privacy Policy is to be completely transparent about the data we collect, why we collect, use, share, store and protect personal information about Users. Any capitalized term used but not defined in this Privacy Policy shall have the same meaning attributed to it in our User Terms and Conditions. We encourage you to familiarize yourself with our policies and let us know if you have any further questions.

Bhanix Finance and Investment Limited (Herein after referred as “Lending NBFC”, “Company”, “Lender” as applicable), is responsible for the Loan and other facilities provided through the App. You acknowledge that Lending NBFC and not Aeries would be responsible for the contents displayed on the App, loan and other facilities offered. CASHe reserves the right in its sole discretion to remove any content or data, information or material (“User Content”) from the App from time to time.

The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.

Information Collected:

To create an account on CASHe, you must provide us with the basic details and information required as part of our Customer Identification process and you agree to our User Terms and Conditions and this Privacy Policy, which governs how we treat your information. App collects basic information required to provide customized services (for example: loan offers, content, more relevant ads), including your name, mailing address, postal code, job title, family details, employer details, phone number, PAN No., employment information, salary slips, declarations, your description and details in your account, financial information such as bank account etc.

You will register with us using your Facebook or LinkedIn account or Google identity (“Third party sites”). You understand that, by creating an account or by registering through Third party sites, we and others will be able to identify you by your CASHe profile. However, we will not be liable under any circumstance for the generation of your profile or the information you provide therein. CASHe will also not be liable for the photographs and data that the Users might upload, the use and misuse thereof. We will ask for your bank account details only for the Service.

All the information that you shall provide us is voluntary, including sensitive personal information. You understand that CASHe may use certain information of yours, which has been designated as ‘sensitive personal data or information’ under the IT Rules for the purpose of providing you the services and for sharing the information only with affiliates who are subject to this Privacy Policy, as will be explained further below.

Why does CASHe require permissions for the Android app?

Data / Cookies

We may set cookies to track your use of the App. These are used to enhance your experience with our App. We use cookies to help us identify who you are, so your login experience is smooth each time. Cookies also allow us to collect Non-Personally Identifiable Information from you, like which pages you visited and what links you clicked on. Use of this information helps us to create a more user-friendly experience for all visitors. In addition, we may use Third Party Advertising Companies to display advertisements on our App. By using the app, you signify your consent to our use of cookies. Please note that if you decline or delete these cookies, some parts of the App may not work properly.

Security Information

You can access your personal identity details on our App through your login and password. We recommend that you do not share your password with anyone. In addition, your personal details are stored on a secure server that only selected personnel contractors and authorised Agencies have access to. We encrypt certain sensitive information using Secure Socket Layer (SSL) technology to ensure that your personal details are safe as it is transmitted to us.

However, you understand and accept no data transmission over the Internet can be guaranteed to be completely secure. We cannot ensure or warrant the security of any information that you transmit to us and you do so at your own risk. Data pilferage due to unauthorized hacking, virus attacks, technical is possible and we take no liabilities or responsibilities for it.

Privacy Policies of Third Party Websites

This Privacy Policy only addresses the use and disclosure of information we collect from you. Other websites/apps that may be accessible through this App have their own privacy policies and data collection, use and disclosure practices. If you link to any such website, we urge you to review such website′s privacy policy. We are not responsible for the policies or practices of third parties.

You also permit us to retrieve your personal, public profile and friend list/ contact list from your Facebook or LinkedIn account or Google identity, in case you are using our internet resource www.cashe.co.in and your call history, phone / address book and geo location, in case you are using our CASHe mobile application.

We will share all information we collect from you, including the personal information with any third party if we in good faith believe it is required for the purposes of our compliance with any applicable law, regulation, legal process or enforceable governmental request/ action or any manner required for the purposes of protecting our rights or interests. These third party websites and advertisers or internet advertising companies working on our behalf, sometimes use technology to send or serve data that appear on our App. They automatically receive your IP address when that happens. They may also use cookies, JavaScript, web beacons and other technologies to measure the effectiveness of their advertisements and to personalize advertising content. Please be advised that we do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third party websites are not covered by this Privacy Policy. Therefore, we are not responsible for the information or content they may contain, nor are we responsible for the privacy practices employed therein. Please contact them directly for more information about their privacy policies. This Privacy Policy applies solely to information collected by us through CASHe.

Any personal information will be used but not limited to allow you to login to your account or to resolve specific service issues, inform you of our new services or features, or for call centre verification, or to communicate with you in relation to your use of the App. Any other information we collect will be used for-

a. Our business purposes and this may include the viewing or advertising of services or relating to any associated services;

b. Analytical purposes, data usage;

c. Improving the Application, or your user experience; and

d. Providing targeted advertisements to you.

We will share your personal information internally with those staff members who need it to carry out your instructions regarding the receipt of marketing information, Loan Processing, recovery of Loan. We will not disclose your personal information to any third party unless required to do so by law and/or covered under this Privacy Policy.

For those Users who have registered for the mailing list, their personal information is kept until we are notified that they no longer want their information stored.

Persons who supply us with their telephone numbers may receive communication from us via telephone, text message or emails, pertaining exclusively to new services or any upcoming events. If you do not wish to be on our mailing list, you can let us know of your updated preferences by either emailing us at support@cashe.co.in or choosing “unsubscribe” option.

In order to provide and improve our services and to share relevant ads with you, we use and disclose to our advertising and analytics partners non-personally identifiable information that we collect, including cookie data, some log data, and mobile data.

Our App complies fully with all the applicable and relevant laws of India.

Disclosures

We respect that you do not want your personal information to be shared with other companies at any time. However, we may require to share your Personal Information/ Sensitive Information with our affiliates, business and non-business partners including but not limited to credit information companies, where we feel that you will be assisted better for the purpose of underwriting and approval of your loan or any other financial product transaction/related transaction. We share information as described below in accordance with this privacy policy. We will keep your personal information cofidential and limit access to it to those who specfically need it to conduct their business activities, except as otherwise permitted by applicable law.

Third party advertisers;

Third party service providers: We may employ other companies and individuals, call centers, payment gateways, banks to perform functions on our behalf. Examples include delivering e-mail, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links) and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable law.

Business Transfers: As we continue to develop our business, we might sell or buy business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that CASHe's, India's assets or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Protection of App: We release personal information when we believe, release is appropriate to comply with the law; enforce or apply our User Terms and Conditions and other agreements; or protect the rights, property or safety of App, our users or others. This includes exchanging information with other companies, organizations, government or regulatory authorities for fraud protection and credit risk reduction.

If you are no longer interested in sharing your Personal and Sensitive Information, please e-mail your request at: support@cashe.co.in. Please note that it may take about 72 business hours to process your request.

To the Government and other judicial bodies as required under the law in order to comply with the legal obligations (without the prior permission of customers).

CASHe website shall also contains links to the other websites. Customers are requested to go through the respective privacy polices disclosed under the relevant sites to familiarize themselves.

Policy Changes:

We may update this Privacy Policy to reflect changes to our information practices. You are encouraged to check this privacy policy on a regular basis to be aware of the changes made to it. Continued use of the services and access of the App shall be deemed to be your acceptance of this privacy policy.

General Matters

The Accuracy and Confidentiality of your Account Information is your Responsibility: You are responsible for maintaining the secrecy and accuracy of your password, email address, and other account information at all times. We recommend a strong password that you do not use with other services. We are not responsible for personal data transmitted to a third party as a result of an incorrect email address.

Confidentiality and Security: We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot absolutely guarantee the protection of any information shared with us.

We make all User information accessible to our employees, agents or partners and third parties only on a need-to-know basis, and bind all such employees to strict confidentiality obligations Notwithstanding the above, We are not responsible for the confidentiality, security or distribution of your personal information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of CashE including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc. Please be aware that you can opt out of receiving service messages from us.

Contact Us:

If you have any questions or suggestions or wish to make a complaint you can contact us at support@cashe.co.in or write to us at the following address:

PRINCIPAL OFFICER-CASHe

BHANIX FINANCE AND INVESTMENT LTD

5th Floor, Paville House, Twin Towers Lane,

Off Veer Savarkar Marg, Prabhadevi,

Mumbai-400025.

Social Media (Features) and Widgets

Our Website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the privacy policy of the company providing it.

BHANIX FINANCE AND INVESTMENT LIMITED

FAIR PRACTICES CODE

I. INTRODUCTION

The Fair Practices Code aims to provide to all those who will be associated with Bhanix Finance and Investment Limited (“Bhanix” or “the Company”) with the information about the practices that Bhanix follow in respect of the financial facilities, loans and services provided, which will facilitate its customers/borrowers to take informed decisions in respect of the financial facilities and services to be availed of by them. The Fair Practices Code will apply to any loan that Bhanix may sanction and disburse.

Bhanix has adopted the Fair Practices Code (the “FPC”) pursuant to Reserve Bank of India’s (“RBI”) Master Direction-NBFC- Non-Systemically important Non-Deposit taking Company ( Reserve Bank) Directions, 2016 dated September 1, 2016 and updated as on May 31, 2018 The Company would update the FPC to conform to the standards that may be prescribed by RBI from time to time. The Company would abide by this FPC following the spirit of the Code and applicability to its business.

The FPC has been approved by the Board of Directors of the Company and the same will be disclosed on the Company’s website.

II. KEY OBJECTIVES

• a) The Company will conduct its business in accordance with prevailing rules and regulations and corporate governance principles.
• b) The Company’s dealings with its customers will rest on the principles of fairness, transparency and honesty.
• c) The Company will assist its customers in understanding the broad features of its financial products and will provide them with key terms and conditions governing sanction of credit facilities.
• d) The Company will promote fair and cordial relations with its customers/borrowers.

III. APPLICATION FOR LOANS AND THEIR PROCESSING

• a) All communications will be made in a language understood by the customers /borrowers or in a vernacular language, wherever required.
• b) The loan documentation set would , inter alia, include the broad features and the terms and conditions governing the loan. so that a meaningful comparison with the terms and conditions offered by other NBFCs can be made and an informed decision can be taken by the customers /borrowers.
• c) The loan application form would indicate the documents required to be submitted by the borrower. It would also indicate the rate of interest that will be charged to different categories of borrowers.
• d) An acknowledgement would be provided for all loan applications received. The Company will indicate the approximate time frame within which the loan application will be processed post the submission of a completed loan application form and the borrowers will be informed about the status of their loan applications within a time period not exceeding 21 days.

IV. LOAN APPRAISAL AND TERMS & CONDITIONS

• a) The loan applications would be subject to the Company’s credit appraisal process and a due diligence on the creditworthiness of the customers/borrowers, which will form an important parameter for taking a decision on a loan application.
• b) Bhanix would convey in writing to the customers/borrowers by means of a sanction letter, the amount of loan sanctioned along with the terms and conditions including the annualised rate of interest and method of application thereof. In case of specific app based/paperless loans provided, the Company would convey the details mentioned above through email to the registered email address of the Borrower.
• c) Bhanix would keep on its record the acceptance by the customers/borrowers of the terms and conditions governing the sanction of the loan. In case of app based/paperless loans, request by the borrower to disburse the sanctioned loan amount or part thereof would be deemed to be acceptance by the borrower of the terms and conditions governing sanction of loan.
• d) At the time of sanction/disbursement of loans, Bhanix would furnish to all customers/borrowers a copy of the loan agreement along with a copy of all enclosures quoted in the loan agreement, which will contain the terms and conditions, the rate of interest, additional/penal interest for late payment, which will be highlighted in bold.
• e) The Company would have a built-in repossession clause in the contract/loan agreement so as to have legal enforceability.

V. DISBURSEMENT OF LOANS INCLUDING CHANGES IN TERMS AND CONDITIONS

• a) Bhanix would frame internal guidelines and procedures for determining and ensuring that the interest rates and processing and other charges levied to the borrowers are not excessive.
• b) The disbursement will be made upon compliance of all the terms and conditions of sanction of loan by the customers/borrowers. Bhanix would give notice to the customers/borrowers of any change to the terms and conditions, including disbursement schedule, interest rates, service charges, prepayment charges, etc.
• c) Changes in the interest rates and other charges would be effected prospectively other than under circumstances arising from regulatory instructions.
• d) Decision to recall / accelerate payment or performance under the agreement would be in consonance with the terms and conditions of the loan agreement.

VI. RELEASE OF SECURITIES

Bhanix would release securities lying with it on repayment of all dues or on realisation of the outstanding amount of loan subject to any legitimate right or lien for any other claim that Bhanix may have against the customers/borrowers. If such right of set off is to be exercised, the customers/borrowers would be given notice about the same with full particulars about the remaining claims and the conditions under which Bhanix is entitled to retain the securities till the relevant claim is settled/paid.

VII. GENERAL

• a) The Company would refrain from interference in the affairs of the customers/borrowers, except for the purposes provided in the terms and conditions of the loan agreement (unless new information, not earlier disclosed by the customers/borrowers, has come to the notice of the Company).
• b) In case of request from the borrower for transfer of the loan account to another NBFC, bank or financial institution, the Company would convey its decision within 21 days from the date of receipt of request. Such transfer would be in accordance with the contractual terms entered into with the borrower and in consonance with law.
• c) In the matter of recovery of loans, Bhanix would not resort to undue harassment, i.e., persistently bothering the borrower at odd hours, using muscle power for recovery of loans etc. The Company would ensure that its employees/recovery agent(s) are properly trained to deal with customers in an appropriate manner.
• d) The Company may arrange for enforcing security provided by delinquent customers/borrowers. In all such instances, the Company would ensure that the entire process of enforcing its security, valuation and realization thereof is fair and transparent.

VIII. INTEREST RATE

• a) The Company would lay down appropriate internal guidelines and procedures for determining interest rates and processing and other charges, keeping in view the guidelines indicated in the Fair Practices Code.
• b) The Company would ensure that it will not unduly charge excessive interest rates to its borrowers. The interest rate for its customers/borrowers would be arrived at taking into account the broad parameters such as risk profile of the customers/borrowers, interest rate trends prevailing in the money market, cost of borrowings, primary and collateral security offered by customers/borrowers, structure of the deal, interest rate charged by competitors and the historical track record of the customers/borrowers with Bhanix.
• c) Interest rates would be intimated to the customers/borrowers at the time of sanction/ availing of the loan. The rate of interest would be annualised so that the borrower is aware of the exact rates that would be charged to the account.
• d) The Company would not charge foreclosure charges / pre-payment penalties on all floating rate term loans sanctioned to individual borrowers.

IX. GRIEVANCES REDRESSAL

• a) In case of any complaint/grievance, the customers/borrowers may contact the following Grievance Redressal Officer at the Registered Office of the Company.
  
  

  Name: Mr. Pawan Khandelwal

  Designation: Compliance officer

  Telephone No: 022-71774000

  Email id: bhanix@cashe.co.in

  Fax : 022-71774050

  Address: Bhanix Finance and Investment Limited
  5th Floor Paville House, Twin Towers Lane,
  Off Veer Savarkar Marg., Prabhadevi,
  Mumbai – 400025.

• b) All grievances would be heard and disposed off by a person at least one level higher to the person/ designation against/relating to whom the grievance is made. After examining the matter, the Company would endeavour to reply to the customers/borrowers as early as possible.
• c) If the complaint/grievance/dispute is not redressed within a period of one month, the customer/borrower may appeal to the officer –in –charge of the Regional Office of DNBS of Reserve Bank of India, at 3rd Floor, RBI Building, Opp. Mumbai Central Railway Station, Near Maratha Mandir, Byculla, Mumbai – 400 008.

X. COMPLIANCE WITH THE FPC

An annual review of the compliance with the FPC and the functioning of the grievances redressal mechanism would be conducted. A consolidated report of such review would be submitted to the Board of Directors every year.