- Borrower Registration
Borrower Registration Agreement
This BORROWER REGISTRATION AGREEMENT (hereinafter referred to as this “Agreement” and includes any exhibits attached hereto, which may be amended, supplemented or otherwise modified from time to time) and entered into:
By and between
“ M/s Vote4cash ”, a proprietor ship concern having its registered office at Hyderabad (hereinafter referred to as “Company” or “www.vote4cash.in” or “us” or “we”, which expression shall, unless repugnant to or inconsistent with the context, mean and include its successors and permitted assignees);
User (hereinafter referred to as the ?Borrower? which expression shall, unless repugnant to or inconsistent with the context, mean and include their successors and permitted assignees). [www.vote4cash.in and the Borrower shall together be referred to as the “Parties” and severally as the “Party”]
Whereas, www.vote4cash.in is an online lending platform that extends retail loans to individuals at certain cost, and the Company provides services (as specified in this Agreement) in relation to the borrowing / lending transactions made through www.vote4cash.in
Whereas, the Person who intends to avail loan through www.vote4cash.in:
a) Have created an account with www.vote4cash.in by giving basic information covering name, screen name, contact nos. date of birth, nationality, email, place of residence, chosen password, gender, marital status, employment and such other information sought for.
b) Have registered online by providing additional personal details, viz, Father’s name, Gross income, PAN and such other information sought for. Whereas, on successful activation of online registration, the Person agrees to execute this agreement as a Borrower for availing www.vote4cash.in services.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREINAFTER SET FORTH, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Definitions and interpretation
1.1 In this Agreement (including any recitals, annexure, schedules or exhibits attached thereto) except where the context otherwise requires, the following words and expressions shall have the following meaning:-
a) “Act” means the (Indian) Companies Act, 1956.
b) Eligible Listed Borrower means the person whose verification is completed by V4C.
c) Eligible Listed Investor means the person whose verification is completed by V4C.
d) V4C Borrower is an individual who satisfies the following criteria:
i. Indian resident as per FEMA regulations
ii. Above age of 21years.
iii. Should be an Earning Member
iv. Have an identity proof
v. Have income proof
vi. Have a valid bank account
e) www.vote4cash.in investor is an individual who satisfies the following criteria:
i. Indian resident as per FEMA regulations
ii. Above age of 21 years
iii. Have an identity proof
iv. Have a valid bank account
f) www.vote4cash.in Rating means rating given by www.vote4cash.in based on its proprietary algorithm.
g) “Indian Resident” is a person resident in India as defined under clause 2(v) Foreign Exchange Management Act, 1999. The same is reproduced as under: Person Resident in India for more than 182 days during the course of preceding financial year but does not include:
i. A person who has gone out of India or who stays outside India, in either case: a. For or on taking up employment outside India; or b. For carrying on outside India a business or vocation outside India; or c. For any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period.
ii. A person who has come to or stay in India, in either case, otherwise than a. For or on taking up employment in India, or b. For carrying on in India a business or vocation in India, or c. For any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period;
1.2 References to Articles, Clauses, Recitals, Appendices and Schedules are to articles, clauses, recitals, appendices and schedules to this Agreement.
1.3 Any reference to a statutory provision shall include such provision as is from time to time modified or re-enacted or consolidated so far as such modification or re-enactment or consolidation applies or is capable of applying to any transactions entered into hereunder.
1.4 Words denoting the singular only shall include the plural and vice versa.
1.5 Words denoting the masculine gender only shall include the feminine gender and vice versa.
1.6 The Recitals to this Agreement shall be and form an integral part of this Agreement.
1.7 Headings in this Agreement are for convenience of reference only and shall not be used to construe or interpret this Agreement.
This Agreement shall come into effect from the date of this Agreement.
3.1 Borrower agrees to register with www.vote4cash.in as www.vote4cash.in Borrower for availing the loan from eligible Listed www.vote4cash.in Investors. Post registration Borrower is allowed to list his requirements on www.vote4cash.in portal. Verification process is mentioned in Section 4 of this Agreement. This will be completed within 12-72 working hours from the date of your registration on the site.
3.2 www.vote4cash.in Borrower hereby agree to receive SMS Transaction Alert posted by www.vote4cash.in on any new registrations, loan closures, repayments, offers on loans, request from borrowers etc .Registered members are availing this services on their own will and there will be no financial obligation of www.vote4cash.in in case of legal disputes. The Registered members are obliged to notify www.vote4cash.in, any change on his/ her mobile phone numbers. The registered members are allowed to opt out from receiving SMS Transaction Alert by notifying www.vote4cash.in in writing.
3.3 Registered Members hereby allow www.vote4cash.in to access, collect and display any public information available in the domain of Facebook /Linkedin or any other social networking site, in their portal. The registered members can however restrict either access, collection or display of information by notifying to www.vote4cash.in.
4. Verification and authorisation
4.1 On successful completion of execution of this Agreement, the Borrowers are subject to verification.
4.1.1 Identify Proof: PAN card, Passport, Driving License, Ration card or such other document which are issued by government agency.
4.1.2 Address Proofs: Passport, Driving License, Ration Card or such other document which are issued by any government agency.
4.1.3 Additional Proofs: Employment contract, latest 3 months’ salary slips, Details of existing loans whether secured or unsecured, Post-paid mobile connection proof, Six months bank statement. And such other information / documents as required by www.vote4cash.in. The exhaustive list can be seen on the website and also will be communicated through e-mail
4.2 Borrower hereby authorises www.vote4cash.in to publish his / her details (in case of loan default) on his / her FB page, on his friends FB page, contact list and linkedin connections until he/she repays back the loan availed to www.vote4cash.in
4.3 www.vote4cash.in has the right to reject any borrower application if any information provided by the borrower is inaccurate or incorrect
4.4 If any changes occur in the personal information provided after posting a listing but before listing expires, Borrower must either a. Promptly notify www.vote4cash.in of the change, or b. Withdraw the listing. In the event of not notifying, www.vote4cash.in at its sole discretion may take necessary action including removing the listing.
4.5 www.vote4cash.in Borrower hereby agree that documents sought by www.vote4cash.in at the time of registration or anytime thereafter become part of the official record of www.vote4cash.in and will not be returned back. However on closure of the user account www.vote4cash.in will ensure that the same is destroyed.
4.6 Defaulters information will be made available to his/her near & dear’s after serious efforts are made to contact & retrieve due amount & borrower agrees that he/she does not have any right to claim any damage whatsoever with www.vote4cash.in
4.7 Defaulters would be charged penal charges to the tune of Rs.500 per day and applicable daily interest, including daily convenience charges.
5. Delayed Funding:
www.vote4cash.in may delay depositing the funds of a loan:
i. If it foresees a discrepancy in the accuracy of the information provided by the borrowers or investors;
ii. In case, borrower / www.vote4cash.in bank server is down / any other technical issues.
6. Cancel Funding:
www.vote4cash.in reserves the right to verify the accuracy of all information provided by www.vote4cash.in borrowers, in connection with listings and loans through any of the available modes including by making a tele-call before, during or after the posting of a listing, or before or after the funding of a loan. In case of any suspected fraud or inaccuracies in the information provided to it, www.vote4cash.in reserves its right to cancel the funding at any point of time before disbursal.
7. Making loan repayments
The repayment date for all borrowers would be notified through SMS and on their registered mail ID and it is the sole responsibility of borrower to check same and act accordingly for repaying the loan availed along with charges as applicable.
8. Prepayment of loan (Fore Closure)
The Borrower can at time repay the loan subject to the below conditions and there is no penalty for the same; however Fore closure of loan is subject to approval from www.vote4cash.in
The rate of interest applicable to the loan is calculated on daily basis monthly and in the event of extension; same rests on the outstanding balance on extension request date, namely the balance of loan and unpaid interest and costs, charges and expenses outstanding on the date of request made for extension (same however is subject to approval by www.vote4cash.in).
9. Collection and reporting of delinquent loans
Borrower agrees to pay the Principal and the Interest amount at the due dates in the admitted manner. In the event of delay payments, a late fee is charged and also defaulter’s details would be made public.
10. Obligations by borrower
10. 1 Borrower obligations:
10.1.1 To provide accurate and true information
10.1.3 To repay the required funded amount without any failure. 10.2.4 To co – operate with www.vote4cash.in with the information sought from time-to-time.
11. Representations and warranties
Each Party to the Agreement makes the following representations and warranties with respect to itself, and confirms that they are, true, correct and valid:
11.1 It has full power and authority to enter into, deliver and perform the terms and provisions of this Agreement and, in particular, to exercise its rights, perform the obligations expressed to be assumed by and make the representations and warranties made by it hereunder.
11.2 Its obligations under this Agreement are legal and valid obligations binding on it and enforceable against it in accordance with the terms hereof.
11.3 The Parties to the Agreement warrant and represent to have the legal competence and capacity to execute and perform this Agreement.
11.4. It is the sole and binding resposnibility on the borrower to update vote4cash about any change in his / her personal / professional / bank account details that could be material to the agreement and failing to do so would make borrower refund full due amount, once the lender (vote4cash) initiates Loan Recall without any further notice.
12. No guarantee
www.vote4cash.in does not guarantee:
12.1 That borrower will receive a loan as a result of posting a requirement
13. Restrictions on use
Borrower represents himself and no third party. All the transactions carried will be solely by Borrower from his deposit account. A registered Borrower may also register & participate as investor or business partner on www.vote4cash.in portal. However there will be separate accounts for borrower and investor role. If Borrower participates on the platform as an investor, any amounts in your funding account are subject to set-off against any delinquent amounts owing on any loans obtained by him as a www.vote4cash.in borrower.
14.1 Listing / loan requests:
In the event of any failure to repay the loan, Borrower will not be eligible to post further Listings and his access to the www.vote4cash.in portal will be restricted.
www.vote4cash.in may at its sole discretion, with or without cause, terminate this Agreement and registration with www.vote4cash.in at any time without giving a notice to the Borrower.
14.3 Listing and/ or Registration:
www.vote4cash.in has sole authority to determine the non- compliance of Borrowers’ obligations mentioned under para 10 above, involvement of Borrower in any prohibited activity or illegal purpose, Borrowers failure to abide by the terms of this Agreement or the www.vote4cash.in Terms of service and any Law of land. Upon such determination in connection with Registration/ Borrower Listing, www.vote4cash.in may, at its sole discretion, immediately and without notice, take one or more of the following actions.
14.3.1 Cancel funding, or
14.3.2 Terminate or suspend Borrowers right to post Borrower Listings or otherwise participate on the platform; or
14.3.3 Terminate this Agreement and registration with www.vote4cash.in
14.4 Consequences on termination of Registration:
Upon termination of this Agreement and registration with www.vote4cash.in, any Borrower Listings which are not funded shall be cancelled and will be removed from the platform immediately. Borrower obligations will subsist for the loans funded prior to the effective date of termination of this Agreement and registration with www.vote4cash.in.
15. www.vote4cash.in's right to modify terms
www.vote4cash.in reserves the right to modify the clauses of the agreement or its terms of service. Changes will not apply retrospectively. Changes to the terms of service will become effective no sooner than fourteen days after they are posted. www.vote4cash.in will give you notice of material changes to this Agreement, within 14 working days and will be available on the website.
Borrower agree to indemnify and hold www.vote4cash.in harmless from and against any and all claims, action, liability, cost, loss, damage, endured by www.vote4cash.in by your access in violation to the listed terms of service and also to the applicable laws, rules and regulations or agreements prevailing from time to time.
If any provision of this agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
18. Intellectual property rights
www.vote4cash.in and all related logos (collectively the "www.vote4cash.in trademarks") are trademarks or service marks of www.vote4cash.in. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of www.vote4cash.in trademarks displayed on this Site, without our prior written permission in each instance. Borrower should not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. www.vote4cash.in prohibits use of any of www.vote4cash.in trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by www.vote4cash.in in advance.
Borrower authorizes www.vote4cash.in to correct obvious clerical errors appearing in information you provide to www.vote4cash.in, without notice to him, although www.vote4cash.in expressly undertakes no obligation to identify or correct such errors.
20. Governing law, dispute resolution and jurisdiction
20.1 Any and all disputes or differences between Borrower and www.vote4cash.in the Company, arising out of or in connection with this Agreement or its performance shall, so far as it is possible, be settled by negotiations between the Parties amicably through consultation
20.2 Any dispute, which could not be settled by the Parties through amicable settlement (as provided for under Clause 20.1 hereinabove) shall be finally settled by the Court of law having jurisdiction to grant the same. Jurisdiction – Hyderabad, AP
20.3 This Agreement and the arrangements contemplated hereby shall in all respects be governed by and construed in accordance with the laws of India without giving effect to the principles of conflict of laws thereunder.
21. Force majeure
No Party shall be liable to the other if, and to the extent, that the performance or delay in performance of any of its obligations under this Agreement is prevented, restricted, delayed or interfered with, due to circumstances beyond the reasonable control of such Party, including but not limited to, Government legislations, fires, floods, explosions, epidemics, accidents, acts of God, wars, riots, strikes, lockouts, or other concerted acts of workmen, acts of Government and/or shortages of materials. The Party claiming an event of force majeure shall promptly notify the other Parties in writing, and provide full particulars of the cause or event and the date of first occurrence thereof, as soon as possible after the event and also keep the other Parties informed of any further developments. The Party so affected shall use its best efforts to remove the cause of non-performance, and the Parties shall resume performance hereunder with the utmost dispatch when such cause is removed.
22. Binding effect
All warranties, undertakings and agreements given herein by the Parties shall be binding upon the Parties and upon its legal representatives and estates. This Agreement (together with any amendments or modifications thereof) supersedes all prior discussions and agreements (whether oral or written) between the Parties with respect to the transaction.
23. Entire agreement
This Agreement, along with the www.vote4cash.in Terms and Conditions, represents the entire agreement between you and www.vote4cash.in regarding your participation as a borrower on the platform, and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and www.vote4cash.in with respect to your involvement as a borrower on the platform.
- Thanks for your support and cooperation and the quick response in your services.-Mohit Gaur, Realty Biz Intelligence @ Indore
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