Early Repayment FULL TERMS AND CONDITIONS
These Terms and Conditions (“Terms & Conditions”) form a legally binding agreement between:
Mogli Finance Private Limited (known through its brand name “Credlix”), a private limited company incorporated under the Companies Act, 2013 acting in its capacity as a business facilitator for and on behalf of its affiliates/associates/lending entities, (hereinafter called the “Anchor” or “ADL” or “we” which expression shall, unless repugnant to the context or meaning thereof be deemed to include its successors and permitted assigns, including but not limited to third party lending partners) and; “You” (“you” or “your” or “the Borrower” which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include your respective heirs, administrators, executors, legal representatives (where the borrower is an individual /sole proprietor). You and We are hereinafter collectively referred to as the “Parties”.
We request you to please read these Terms & Conditions carefully and do not accept “Terms & Conditions” or continue applying for an Early Repayment of dues unless you agree fully with them.
By clicking “Accept Terms & Conditions” and by taking any and all measures to apply for an Early Repayment from Anchor, you are agreeing with all the legal obligations and conferring legal rights while agreeing to these Terms & Conditions.
By accepting the “Terms & Conditions” you represent that:
you are 18 or more years of age;
you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the Terms & Conditions as part of this Agreement;
all the necessary approvals and other actions for execution of this Agreement and availing this Early Repayment from the Anchor have been taken;
acceptance of these Terms & Conditions constitutes legal, valid and binding obligations of the Borrower;
there are no suits, actions or proceedings against the Borrower pending before any court of law, which might affect the Borrower in performance of the obligations hereunder;
Anchor is the buyer who is facilitating the supply chain finance program for its suppliers.
Credit Period means time from the date of the disbursement of the early payment to the due date of the invoice.
Due Date means the original date on which the payment is required to be made to the supplier by the Anchor as per the terms agreed between them for each invoice.
Lending Entity/Financer means the Companies/Banks/NBFC’s that finance the short term credit needs of the Borrower. It is an external finance provider who provides the facility to settle Borrowers’ invoices in advance of the invoice due date.
Interest means the amount that is charged from the borrower in order to make the early payment of the invoice calculated basis the number of days of early payment released by the Anchor as per the Interest Rate.
Interest Rate means the annual rate defined by the Anchor for the borrower to receive early payment.
1. Early Payment
Early Payment is an unsecured loan against invoices raised by the borrower against the Anchor. The loan amount hereinafter shall be referred to as ‘the loan’ or “Loan” or “Loan Amount” and will be made on the terms, conditions and for the purpose as stated below. The Borrower hereby confirms that the funds are for its business purposes.
On receiving the borrower’s Early Payment request through Credlix, the Anchor or the Financer will disburse the loan amount in the borrower’s bank account, as per the request raised by the Borrower. The Interest shall be calculated basis the number of days the payment is requested early from the due
date and as per the terms as may be decided by Anchor/financer and agreed by the Borrower.
The Borrower hereby agrees that the agreement pursuant to these Terms and Conditions are solely between the Borrower and the Anchor/Financer and the Borrower shall have no claim against Credlix for any matters arising out of these Terms and Conditions and Credlix shall not be a party to any dispute between the Borrower and the Anchor/Financer. The Borrower hereby agrees that in case of any dispute with the financer, the Borrower will not be entitled to pursue any claim against either the Anchor or Credlix, in any manner whatsoever.
The Borrower hereby agrees that the Credit Period from the date of the invoice issuance to the due date is as agreed with the Anchor/financer and as mentioned and confirmed on the Credlix platform. The borrower agrees that the agreed Credit Period will be used for the calculation of the Interest.
The Tenure and Interest Rate in respect of the Loan shall be as specified by the Anchor/Financer at the time of request by the Borrower and may be amended in accordance with these Terms & Conditions from time to time by the Anchor/Financer. The borrower authorizes Credlix and the anchor to make necessary adjustments to the disbursement value as per the discount calculations at the time of early payment.
The repayment of Loan Amount on time is the essence of the loan terms and conditions. The Borrower acknowledges that he/she/it has understood the method of computation of Discount and shall not dispute the same. The borrower forfeits the trade credit for the percentage of invoice paid early in lieu of repayment of the early payment for the invoice paid early.
The Borrower agrees and accepts that the remaining invoice value will be paid by anchor/Financer after the expiry of the credit period and as mutually agreed with the anchor.
3. DEFAULT AND PENALTIES
The happening of the following events shall constitute an event of default (“Event of Default”)
Any non-compliance by the Borrower of the Terms & Conditions or any other agreement entered into in respect of this Loan or any other financial assistance availed of by the Borrower from the Anchor/Financer;
Insolvency, winding up, dissolution of the Borrower;
Return of goods against the invoice by the Anchor/Financer;
Any concealment of any material document or event by the Borrower
Submission of any forged document by the Borrower; and
Any other event which in the sole opinion of the Credlix, the Anchor and the Financer would endanger the ability of Borrower to repay their debts;
4. PENALTIES FOR DEFAULT AND LATE REPAYMENT
In addition to the rights specified herein, the Anchor/Financer shall be entitled to take all or any action with or without intervention of the Courts to recover the monies due and payable by the Borrower under this Agreement. Notwithstanding any other rights available to the Anchor/Financer herein, the
Anchor/Financer shall be entitled to initiate criminal proceeding or any other appropriate actions against the Borrower if at any time the Anchor/Financer has sufficient grounds to believe that the Borrower has made any misrepresentations and/or upon any Event of Default.
All rights and powers conferred on the Anchor/Financer shall be in addition and supplemental to any rights the Anchor/Financer has, as a creditor against the Borrower under any relevant laws for the time being in force and shall not be in derogation thereof.
It is hereby accepted by the Parties that the amounts stated by the Anchor/Financer as due from the Borrower, shall be final and conclusive proof of the correctness of any sum claimed by the Anchor/Financer to be due from the Borrower, a statement of account made out from the books of the
Anchor/Financer, without production of any voucher, documents or other papers whether in support thereof or otherwise and the Parties hereby agree that the same shall not be disputed by the Borrower.
The right of the Anchor/Financer to recover the dues from the Borrower shall be exercised either by the Anchor/Financer or their authorized representatives and the Borrower hereby agrees to the same. The Anchor/Financer shall be entitled to assign / securitize their receivables from the Borrower and the Borrower hereby consents to the Anchor exercising such right.
5. REPRESENTATION, WARRANTIES AND OTHER COVENANTS
Borrower represents and warrants to Anchor/Financer as under:
All the information provided by Borrower in any other document, whether or not relevant for ascertaining the credit worthiness of the Borrower, is true and correct and not misleading in any manner;
The Borrower is capable of and entitled under all applicable laws to execute and perform the financing documents and the transactions there under;
The Borrower declares that it is not prohibited by any law from availing this Loan;
No event has occurred which shall prejudicially affect the Interest of Anchor/Financer or affect the financial conditions of Borrower or affect its liability to perform all or any of their obligations under the financing documents;
The Borrower will do all acts, deeds and things, as required by Anchor/Financer to give effect to the contents of these Terms and Conditions;
The Invoice so presented for early payment is free and clear of all encumbrances, charges, hypothecations and liens, or any other third party in any manner whatsoever;
The Invoice has been approved for payment by the Anchor and the Invoice does not permit set-off of any amount due and payable under the Invoice against any other amount payable by the Anchor to the Borrower.
The payment obligation of the Anchor/Financer is not conditional upon performance of any further obligations by the Borrower and the obligation to pay under the Invoice are absolute and unconditional obligations of the Anchor/Financer.
The Borrower shall authorize the Anchor/Financer to communicate independently with any bank where the Borrower maintains an account and to seek details and statement in respect of such account from the bank as Anchor/Financer may deem necessary, including for monitoring Borrowers creditworthiness.
The Borrower shall immediately notify the Anchor/Financer of any litigations or legal proceedings against it, where subject matter is the Invoice.
The Borrower shall notify the Anchor/Financer in writing of all changes in the location/ address of office/ residence/ place of business or any change/ resignation/ termination/ closure of employment/
6. COST & EXPENSES
The Borrower shall bear all costs and other expenses incurred in relation to the completion of the Loan application process and in complying with the terms and conditions herein. The Borrower hereby confirms their liability agreed under this agreement and shall reimburse any goods and services tax that the Anchor/Financer may have to pay to the Government, in respect of transactions
under these Terms. The Borrower hereby authorizes the Anchor/Financer at the cost and risk of the Borrower to engage one or more person(s) /agencies to verify any fact or information furnished by, concerning and pertaining to the Borrower and collect the outstanding amount and / or to enforce any security and may furnish to such person/s such documents, information, facts and figures as it may deem fit.
You shall, on demand, indemnify and hold Anchor/Financer and their directors, officers, employees, agents and advisers (“Indemnified Persons”) harmless against any and/or all losses, claims, liabilities, or damages which are sustained as a result of any acts, errors, or omissions on your part, or for
improper performance or non-performance. You also undertake to indemnify and keep Indemnified Persons indemnified in respect of all statements, representations and undertaking made by you in the
Loan Application, in these Terms & Conditions and any other documents submitted by you.
8. DECLARATION ON KNOW YOUR CUSTOMER (“KYC”)
The borrower agrees and acknowledges that the Anchor/Financer has rights to use the KYC and keep it in record for processing and disbursal of the captioned Loan.
You hereby authorize the Credlix, Anchor, Financer and its associates, third parties and agents to contact you, for providing information inter-alia new products, offers, promotion and also for receiving feedback or surveys etc. by way of email, sms, phone calls or by any other means of communication and expressly agree to exempt such actions by you or them for the purpose of Do Not
Disturb guidelines issued by Telecom Regulatory & Development Authority (“TRAI”) or any other authority.
10.1 The Borrower acknowledges and authorizes Credlix and Anchor/Financer to disclose all information and data relating to Borrower, the Loan, default if any, committed by Borrower to such third parties/ agencies as Anchor/Financer may deem appropriate and necessary to disclose and/or as authorized by Reserve Bank of India (“RBI”), including the Credit Bureau(s) (“CB”). The Borrower also acknowledges and authorizes such information to be used, processed by Credlix, Anchor, Financer and third parties/CB/RBI as they may deem fit and in accordance with applicable laws. Further in Event of Default, Credlix, Anchor, Financer and such agencies shall have an unqualified right to disclose or publish the name of the Borrower /or its directors/ partners/co-applicants, as applicable, as” defaulters‟ in such manner and through such medium as Anchor/Financer//CB/RBI/other authorized agency in their absolute discretion may think fit, including in newspapers, magazines and social media.
10.2 The Borrower shall not hold Credlix and the Anchor/Financer responsible for sharing and/or disclosing the information now or in the future and also for any consequences suffered by the Borrower and/or other by reason thereof. The provisions of this Clause 3, 4, 5, 6, 7, 10, 11, 12, 13 shall survive termination of the Terms & Conditions and the repayment of the Borrower’s Dues.
11.1 The entries made in the records of Credlix and the Anchor/Financer shall be conclusive evidence of existence and of the amount Borrower’s Dues and any statement of dues furnished by Credlix and the Anchor shall be accepted by and be binding on the Borrower.
11.2 Borrower shall execute all documents and amendments and shall cooperate with Credlix and the Anchor/Financer as required by Credlix and the Anchor (i) to comply with any RBI guidelines / directives or (ii) for giving Anchor/Financer full benefit of rights under these Terms and Conditions.
Without prejudice to the aforesaid the Borrower hereby irrevocably consents that on its failure to do so, such changes shall be deemed to be incorporated in these Terms and Conditions and shall be binding on the Borrower.
11.3 The Borrower acknowledges that the rate of interest, penal charges, service charges and other charges payable and or agreed to be paid by the Borrower under these Terms and Conditions are reasonable and acceptable to him/ her / it.
11.4 The Borrower expressly recognizes and accepts that Credlix and the Anchor/Financer shall, without prejudice to their rights to perform such activities itself or through its office employees, be entitled and has full power and authority to appoint one or more third parties (hereinafter referred to as “Service Providers“) as Credlix and the Anchor/Financer may select and to delegate to such party all or any of their functions, rights and power under these Terms and Conditions relating to the sourcing, identity and verification of information pertaining to the Borrower administration,
monitoring of the Loan and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices, contacting Borrower, receiving Cash / Cheques/ Drafts / Mandates from the Borrower in favour of Anchor/Financer.
11.5 The Borrower acknowledges that the financing transaction hereunder gives rise to a relationship as between him/her/it and Anchor/Financer and not in respect of any service rendered/to be rendered by Anchor/Financer. Accordingly, the provisions of the Consumer Protection Act, 1986 shall not apply to the transaction hereunder.
11.6 The Borrower acknowledges Credlix here acts as a facilitator to the Parties transaction and Credlix does not hold any trade or financing transaction relationship with the Borrower.
11.7 The Borrower hereby authorizes Credlix and the Anchor/Financer to verify all information and documents including, income proof documents, residence documents, address proof documents, identity documents and other such documents containing personal and financial information as are submitted by them for obtaining the said Loan and that they also consent to subsequent retention of the same by Credlix and the Anchor/Financer.
11.8 The Borrower acknowledges and authorizes Credlix and the Anchor/Financer to procure Borrowers’ PAN , other identity proof and Bank Account details, from time to time and to also generate / obtain CIBIL, Experian, Hunter reports and such other reports as and when Credlix and the Anchor/Financer may deem fit. The Borrower also hereby gives consent and authorizes Anchor/Financer to undertake its KYC verification by Aadhar e-KYC or otherwise and undertake all such actions as may be required on its behalf or otherwise to duly complete the process of such verification including by way of Aadhar e-KYC and share such information with any authority and store such information in a manner it deems fit as per applicable law. The borrower also authorizes Credlix and the Anchor/Financier to procure/generate/obtain Borrower’s GST filings and data through third party service providers.
11.9 In the event of any disagreement or dispute between Credlix, the Anchor, the Financer and the Borrower regarding the materiality of any matter including of any event occurrence, circumstance, change, fact information, document, authorization, proceeding, act, omission, claims, breach, default or otherwise, the opinion of Anchor/Financer as to the materiality of any of the foregoing shall be final and binding on the Borrower.
11.10 The Borrower and Anchor/Financer may mutually agree on grant of a fresh Loan on these Terms & Conditions and by the execution of such further letter/undertaking by the Borrower as may be required by Anchor/Financer.
The Borrower acknowledges that each of its obligations under these Terms & Conditions is independent and severable from the rest.
13. GOVERNING LAW AND JURISDICTION
13.1 All loan under these Terms & Conditions shall be governed by and construed in accordance with the laws of India.
13.2 All disputes, differences and / or claims arising out of these presents or as to the construction, meaning or effect hereof or as to the right and liabilities of the parties under these Terms and Conditions shall be settled by arbitration in accordance with the provisions of the Arbitration and
Conciliation Act, 1996 or any statutory amendments thereof or any statute enacted for replacement therefore and shall be referred to the sole Arbitration of a person to be appointed by Anchor. The place of arbitration shall be New Delhi and proceeding shall be under fast track procedure as laid down in Section 29(B) of the Act. The awards including interim awards of the arbitration shall be final and binding on all parties concerned. The arbitrator may pass the award without stating any reasons in such award.
13.3 Further, the present clause shall survive the termination of these Terms & Conditions. The Courts at New Delhi, India shall have exclusive jurisdiction (subject to the arbitration proceedings which are to be also conducted in New Delhi, India) over any or all disputes arising out of these Terms & Conditions.
Any notice to be given to the Borrower in respect of these Terms & Conditions shall be deemed to have been validly given if served on the Borrower or sent by registered post to or left at the address of the Borrower existing or last known business or private address. Any such notice sent by registered post shall be deemed to have been received by the Borrower within 48 hours from the time of its posting. Any notice to Anchor shall be deemed to have been valid only if received by Anchor/Financer at its above stated address.
15.1 The Borrower shall not be entitled to jointly or severally transfer or assign all or any of their right or obligation or duties under these Terms & Conditions to any person directly or indirectly or create any third party Discount in favour of any person without the prior written consent of Anchor/Financer.
15.2 The Anchor/Financer shall be entitled to sell, transfer, assign or securities in any manner whatsoever (in whole or in part and including through grant of participation rights) all or any of their benefits, right, obligation, duties and / or liabilities under these Terms & Conditions, without the prior
written consent of, or intimation to the Borrower in such manner and such terms as Anchor/Financer may decide. In the event of such transfer, assignment or securitization, the Borrower shall perform and be liable to perform their obligation under these Terms & Conditions to such assignee or transferor. In such event, the Borrower shall substitute the remaining ECS in favour of the transferee/assignee if called upon to do so by the Anchor/Financer.