GENERAL TERMS AND CONDITIONS OF LOAN (“GC” or “Terms”) for loans by DMI Finance Private Limited, registered under the Companies Act 1956 and having its registered office at Express Building, Third Floor, 9-10, Bahadur Shah Zafar Marg, New Delhi – 110002 (‘Lender 1’ which shall mean and include its successors and assigns) and Akara Capital Advisors Private Limited, registered under the Companies Act 1956 and having its registered office at 58, First Floor, Arjun Nagar Kotla Mubarakpur, New Delhi - 110 003, India (‘Lender 2’ which shall mean and include its successors and assigns) (hereinafter collectively referred to as the “Lenders”).

1. INTRODUCTION

   • The Borrower(s) (hereinafter defined) are requested to read these Terms (hereinafter defined) carefully.
   • The Borrower understands that (a) the Credit Line (hereinafter defined) from Lenders (hereinafter defined) shall be strictly subject to these Terms (hereinafter defined); (b) the Credit Line and Drawdown (hereinafter defined) is at the sole discretion of the Lenders. Anything contained in these Terms or any communications will be strictly subject to and without prejudice to the prerogative of the Lenders mentioned aforesaid.
   • The Borrower also understands that (a) submitting a Credit Line Application Form(hereinafter defined) does not entitle the Borrower to be eligible for sanction of Credit Line; (b) the Credit Line shall be approved by the Lenders basis the details represented by the Borrower, which shall mean to include all facts related to the Borrower, the way understood by the Lenders; (c) pursuant to such details the Lenders at its sole discretion will determine the Credit Line which can be granted; (d) details of the approved Credit Line and any variations (increase or decrease) will be communicated to the Borrower through Stashfin App (as defined below) and such other means as the Lenders may decide from time to time; (e) acceptance of these Terms shall constitute a valid and binding legal agreement between the Borrower, Lenders; (f) these Terms may be varied, the Borrower is therefore requested to be updated, and any such changes will be applicable prospectively; (g) further, these Terms when electronically generated are an electronic record under the provisions of Information Technology Act, 2000; (h) while applying for a Credit Line the Borrower have electronically agreed to these Terms,and the same shall be binding on the Borrower.
   • If the Borrower needs any clarifications please visit us on www.stashfin.com or download Stashfin App, a mobile application and go through the illustrations/demonstrations and / or www.dmifinance.in. The Borrower can also call us on 011-47848400.
   
   

2. DEFINITIONS

   • Capitalized terms used in these Terms are defined below:
     • “Availability Period” shall mean the period within which the Borrower can request a Drawdown from the Credit Line (as defined below) and is as detailed in the Loan Details Sheet;
     • “Available Credit Line” means at any point of time the undrawn amount of the Credit Line, including any amount of the Credit Line which becomes available pursuant to any repayment or prepayment of all or part of any previous Drawdown if granted as a Revolving Credit Line;
     • “Borrower” shall mean the person/entity as detailed in the Loan Details Sheet.
     • “Borrower’s Dues” means all sums payable by the Borrower to the Lenders, including outstanding Credit Line, Interest, all other charges, costs and expenses;
     • “Business Day” means normal working hours on a day on which scheduled banks are open for business in New Delhi;
     • “Credit Line” means the maximum drawdown limit granted by the Lenders to the Borrower as per Loan Details Sheet, which is available to the Borrower as a revolving credit if granted as a revolving credit as detailed in the Loan Details Sheet;
     • “Credit Line Application” means the application in the prescribed form as submitted from time to time by the Borrower to the Lenders or the Lenders’ Agent (if any) for seeking the sanction of Credit Line;
     • “Drawdown” shall mean each drawdown of the Credit Line within the Availability Period and as per the terms of the Financing Documents;
     • “Due Date” in respect of any payment means the date on which any amount is due from the Borrower to the Lenders;
     • “EMI” means the equated monthly amount to be paid by the Borrower towards repayment of all outstanding Drawdowns and payment of Interest (if applicable) as per Financing Documents;
     • “Financing Documents” means these Terms, the Credit Line Application Form, terms and conditions for Credit Line Sheet (hereinafter defined), Demand Promissory Note (if any executed by the Borrower) the Loan Details Sheet (hereinafter defined), the Annexures hereto and any documents executed by the Borrower or as required by the Lenders, as amended from time to time;
     • “Lenders’ Agent” means Person(s) authorized by the Lenders from time to time for acting on their behalf which includes but not limited to collection of documents from the Borrower, sending reminder for repayments, issuing notices, instructing lawyers, site visits, monitoring utilization of amounts drawn, representing in courts and legal proceedings and acting on their behalf, doing any acts per law to enforce any legal right or remedy of the Lenders.
     • “Loan Details Sheet” means documents submitted by the Borrower to the Lenders, from time to time, as complete, irrevocable acceptance to the terms and conditions for Credit Line Sheet (hereinafter defined);
     • “Material Adverse Effect” means any event which in the Lenders opinion would have an adverse effect on (i) Borrower’s ability to pay the Borrower’s Dues or (ii) recoverability of the Borrower’s Dues;
     • “Overdue Interest Rate” means the default interest as prescribed in the Loan Details Sheet which is payable by the Borrower on all amounts which are not paid on their respective Due Dates;
     • “Purpose” means the utilization of each Drawdown as mentioned in the Loan Details Sheet including for the purchase of any Product from Vendors.
     • “Product” shall mean, if applicable, a product purchased by the Borrower from any Vendor and in line with the Purpose provided in the Loan Details Sheet
     • “Repayment Instrument” means to include instruments inter alia Post Dated Cheques (“PDC”), Undated Cheques (“UDC”), Whole Amount Cheques (“WAC”), (collectively,“Cheques”) or Electronic Clearing Service (“ECS”) mandates or Standing Instructions (“SI”) or National Automated Clearing House Mandate (“NACH”) and/or such other instruments as may be prescribed by the Lenders and issued by the Borrower for facilitating repayments during the currency of the Credit Line;
     • “Stashfin App” means internet and technology-based platform which can be down loaded and used by the Borrowers (i) as per terms of use for the same; (ii) to apply for Credit Line or for Drawdown of Credit Line (as may be applicable);
     • “Terms” means these Credit Line General Terms and Conditions as may be modified and updated;
     • “Vendor” shall mean the vendors, including a commerce website as approved by the Lenders from time to time in respect of which the Credit Line would be sanctioned by the Lenders for the purchase of any Products;
     • “Website” means www.stashfin.com or www.dmifinance.in .
   • In this Terms, unless the context otherwise requires the words importing singular shall include the plural and vice versa and the words denoting natural persons shall where the context admits, include partnerships, firms, companies, corporations, associations, organisations or other entities (whether or not having a separate entity).
   
   

3. DISBURSEMENT

   • The Borrower may at any time during the Availability Period request disbursement of any amount to the extent of the Available Credit Line. The Lenders shall have the sole and absolute discretion to allow or reject Drawdown against such request. The Credit Line may be in the nature of revolving credit or a single Drawdown, as per the discretion of the Lenders. In case of a Revolving Credit Line, the Available Credit Line Amount may change during the Availability Period due to prepayments/repayments of earlier Drawdowns. A Credit Line shall only a revolving Credit Line if the same is provided explicitly in the respective the Loan Details Sheet of the Borrower. In any event, the amount not refunded at any time shall not exceed the Credit Line as per the Loan Details Sheet.
   • Notwithstanding anything contained in these Terms, the Lenders shall have the absolute right to cancel or refuse any further Drawdowns from the Credit Line at their discretion as it may deem fit, including due to any change in credit evaluation of the Borrower.
   • Disbursement of any Drawdown directly to any Vendor/ healthcare institution/ a third party, if applicable, as mentioned in the terms and conditions for Credit Line Sheet and Loan Details Sheet shall be treated as having been disbursed to the Borrower.
   • The Borrower shall pay non-refundable processing charges and documentation charges as stated in the Loan Details Sheet, along with goods and services tax (“GST”) thereof, which may be added as a deemed disbursement to the first Drawdown. The Borrower will accordingly be liable for entire Drawdown including the amount towards the non- refundable processing charges as stated in the Loan Details Sheet, along with GST thereof and Interest (if any) thereon.
   
   

4. INTEREST AND REPAYMENT

   • The Borrower will pay Interest (if applicable) on each Drawdown made by the Borrower of the Credit Line, and all other amounts due as provided in the Loan Details Sheet and the interest shall be compounded monthly. The Borrower will be liable for the entire Drawdown amount and shall pay the full amount for each Drawdown. However, in such cases, in the event the instalment is not paid on the Due Date, all overdue amounts shall accrue Interest at the prescribed Overdue Interest Rate which shall be computed from the respective due dates for payments, and the interest shall be compounded monthly.
   • The Borrower acknowledges that in case of identified Purpose, Drawdown may be allowed on zero interest basis and in such cases the return shall be made available to the Lenders by way of one-time non-refundable upfront discount provided by the Vendor/ third Party on selected Purposes as mutually agreed between the Lenders and Vendor / its authorized representatives.
   • The tenure of each Drawdown shall be as provided in the Loan Detail Sheet. EMI shall be as calculated by the Lenders as required for amortisation of Drawdowns within their respective tenure and Interest payable thereon and not exceeding the maximum EMI as provided in the Loan Details Sheet and in a manner as may be required by the Lenders from time to time. EMI shall only be towards principal outstanding and Interest thereon and does not include any default interest or any other charges payable by the Borrower pursuant to Financing Documents.
   • The payment of each EMI on time is the essence of the contract. The Borrower acknowledges that s/he has understood the method of computation of EMI and shall not dispute the same.
   • Notwithstanding anything stated elsewhere in the Financing Documents, all Borrower’s Dues, including EMI, shall be payable by the Borrower to the Lenders as and when demanded by the Lenders, at their discretion and without the requirement of any reason being assigned. The Borrower shall pay such amounts, without any delay or demur, within fifteen (15) days of such demand.
   • The Lenders shall be entitled to revise the rate of Interest if so required under any applicable law and the Lenders may re-compute the EMI /the number of EMI for repayment of outstanding Credit Line and interest. Any such change as intimated by the Lenders to Borrower will be final and binding on the Borrower. In case of such revision, the Borrower shall be entitled to prepay, within thirty (30) days of such revision, the entire outstanding Credit Line along with accrued Interest (if applicable), without any prepayment penalty.
   • In case of delayed payments, without prejudice to all other rights of the Lenders, the Lenders shall be entitled to Overdue Interest Rate (as prescribed in Loan Details Sheet) from the Borrower for the period of delay.
   • The Borrower may pre-pay any Drawdown before its scheduled tenure only with the prior approval of the Lenders and subject to such conditions and prepayment charges, as stipulated by the Lenders.
   • The Borrower shall bear all interest, tax, duties, cess duties and other forms of taxes including without limitation GST, value-added taxes, whether applicable now or in the future, payable under any law at any time in respect of any payments made to the Lenders under the Financing Documents. If these are incurred by the Lenders, these shall be recoverable from the Borrower and will carry interest at the rate of Overdue Interest Rate from the date of payment till reimbursement.
   • Notwithstanding any terms and conditions to the contrary contained in the Financing Documents, the amounts repaid by the Borrower shall be appropriated firstly towards the cost, charges, expenses and other monies; secondly towards Overdue Interest Rate, if any; thirdly towards Interest, and lastly towards repayment of principal amount of a Credit Line.
   • Interest (if applicable), Overdue Interest Rate and all other charges shall accrue from day to day and shall be computed on the basis of 365 days a year and the actual number of days elapsed.
   • If the due date for any payment is not a Business Day, the amount will be paid by Borrower on immediately succeeding Business Day.
   • All sums payable by the Borrower to the Lenders shall be paid without any deductions whatsoever. Credit/ discharge for payment will be given only on realisation of amounts due.
   • 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 Financing Documents are reasonable and acceptable to him/ her.
   
   

5. MODE OF PAYMENT, REPAYMENT AND PREPAYMENT

   • The Borrower shall, as required by the Lenders from time to time provide the Repayment Instruments for payment of Borrower’s Dues. The Borrower/s shall honour all payments without fail on the first presentation of Repayment Instruments and on each of the Due Dates. Repayment Instruments provided by the Borrower/(s) may be utilised by the Lenders for the realisation of any Borrower’s Dues. The Borrower hereby unconditionally and irrevocably authorises the Lenders to take all actions required for such realisation. The Borrower shall promptly (and in any event within seven (7) days) replace the Repayment Instruments executed for payment of Borrower’s Dues as may be required by the Lenders from time to time at their absolute discretion.
   • The Borrower shall at all times maintain sufficient funds in his/her/their bank account/s for the due payment of the Borrower’s Dues on respective Due Dates. Borrower shall not close the bank account/s from which the Repayment Instruments have been issued or cancel or issues instructions to the bank or to the Lenders to stop or delay payment under the Repayment Instruments, and the Lenders are not bound to take notice of any such communication.
   • The Borrower agrees and acknowledges that the Repayment Instruments have been issued voluntarily in the discharge of the Borrower’s Dues and not by way of security for any purpose whatsoever. The Borrower also acknowledges that the dishonour of any PDC/NACH is a criminal offence under the Negotiable Instruments Act, 1881/The Payment and Settlements Act, 2007. The Borrower/s shall be liable to pay dishonour charges for each Repayment Instrument dishonour (as prescribed in these Terms).
   • Any dispute or difference of any nature whatsoever shall not entitle the Borrower to withhold or delay payment of any EMIs or other sum, and the Lenders shall be entitled to present the Repayment Instruments on the respective Due Dates.
   • Notwithstanding the issuance of Repayment Instruments, the Borrower will be solely responsible for ensuring the timely payment of dues.
   
   

6. BORROWER’S COVENANTS, REPRESENTATION AND WARRANTIES

   • The Borrower agrees/undertakes/confirms that they shall:
     • observe and perform all its Obligations under the Financing Documents;
     • immediately deliver to the Lenders all documents/information, including bank account statements as may be required by the Lenders from time to time. The Borrower also authorizes the Lenders to communicate independently with (i) any bank where the Borrower maintains an account and to seek details and statement in respect of such account from the bank and (ii) with any employer of any Borrower as the Lenders may deem necessary, including for monitoring Borrower’s creditworthiness;
     • immediately notify the Lenders of any litigations or legal proceedings against any Borrower;
     • notify the Lenders of any Material Adverse Effect or Event of Default;
     • notify the Lenders in writing of all changes in the location/ address of office /residence /place of business or any change/resignation/termination / closure of employment/ profession /business;
     • not leave India for employment or business or long-term stay abroad without fully repaying the Borrowers Dues;
     • provide security, if any, as specified in Financing Documents or as may be required by the Lenders in case of any change in the creditworthiness of any Borrower (as determined by the Lenders);
     • ensure deposit of salary and / or business proceeds in the account from which PDCs/NACH have been issued to the Lenders;
     • provide security, if any, as specified in Financing Documents or as may be required by the Lenders in case of any change in the creditworthiness of any Borrower (as determined by the Lenders).
     • ensure deposit of salary and/or business proceeds including by way of intimation/ instructions to its employer/s to transfer its salary, if applicable in the account from which PDCs/NACH have been issued to the Lenders.
     • that the Borrower confirms that the Lenders shall have the authority to approach the employer/s of the Borrower directly for repayment of Installments and/or any other charges/sums due from the Borrower/s to the Lenders including but not limited to that of the Borrower’s Due.
     • at all times comply with applicable laws, including, Prevention of Money Laundering Act, 2002;
     • utilise each Drawdown only for Purpose which shall be lawful and permitted as per applicable laws.
     • the calculation of each Lender with respect to the EMI, Interest Rate, Default Rate, Processing Fee, Documentation Charges, legal expenses, collection charges, cost and expenses, etc. shall be binding on the Borrower.
   • Each Borrower represents and warrants to each of the Lenders as under:
     • All the information provided by Borrower in the Credit Line Application Form and any other document whether or not relevant for ascertaining the creditworthiness 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 thereunder;
     • The Borrower is above 18 years of age, and these Terms is a legal, valid and binding obligation on him/her, enforceable against him/her in accordance with its terms;
     • The Borrower declares that they are not prohibited by any law from availing this Credit Line;
     • No event has occurred which shall prejudicially effect the interest of the Lenders or affect the financial conditions of Borrower or affect his/her liability to perform all or any of their obligations under the Financing Documents;
     • The Borrower is not in default of payment of any taxes or government dues;
     • The Borrower will do all acts, deeds and things, as required by the Lenders to give effect to the terms of these Terms;
     • No bankruptcy and/or insolvency proceedings have been initiated/are pending against the Borrower;
     • The Borrower hereby creates a charge on the product in favor of the Lenders, if applicable,
     • All the representations and warranties given by the Borrower shall be subsisting and have a continuing effect at the time of each Drawdown and during the currency of the Credit Line;
   • The Borrower hereby consents that the Lenders and/ or his authorised representative may communicate with the Borrower either by phone calls, SMS, electronic mails or through any other mode of communication available for the purpose of discussing the current status of his Credit Line or reminder/ collection of any dues in respect of any Credit Line or for any matter related to the Credit Line and such phone calls, SMS, etc., shall not be covered under the purview of “Do Not Disturb” policy of the Telecom Regulatory Authority of India (TRAI). For this purpose, Borrower hereby grants permission to Lenders and Lenders’ Agent to contact him any time.
   • The Borrower irrevocably and unconditionally consents to Lenders, Lenders’ Agent recording of all the Borrower’s electronic communication (e.g. telephone calls, electronic mail, SMS, mobile application or other) and storage of electronic media by Lenders, Lenders’ Agent and accepts such recordings and electronic media as evidence with regard to acceptance of all the terms of the Credit Line including, but not limited to, the grant of the Loan, levy of any fee/ charges/interest. The Borrower further accepts that such record may be used by the Lenders, Lenders’ Agent as evidence in a court of law or any legal proceeding.
   • The Borrower gives its consent to each of the Lenders jointly and severally to use/store all the information provided by the Borrower or otherwise procured by the Lenders in the manner they deem fit including for the purposes of this Credit Line or for its business and understands and agrees that the Lenders may disclose such information to their contractors, agents and any other third parties.
   • In the event the Credit Line/Drawdown is for the purchase of any Product, the Borrower also undertake and covenant as below:
     • The Borrower shall not be entitled to an increase in the Credit Line amount by reason of any increase in the purchase price of any Product. However, in the event of any decrease in the purchase price, the Lenders may in their discretion reduce the principal amount of the sanctioned Credit Line.
     • The Vendor shall be exclusively responsible for delivery of the Product and the Lenders shall not be liable for any delay in delivery or non-delivery of the Product and/or with respect to the quality, condition, fitness, suitability or otherwise whatsoever of the said Product.
     • In the case of Product cancellation, the Lenders will treat the relevant Credit Line repaid only if the Vendor refunds the amount to the Lenders upon compliance by the Borrower with the refund policy of the Vendor. In case of such refund, the Lenders shall refund the EMI, if any, paid by the Borrower, less Interest if any for the period between purchase and refund, and treat the Credit Line/Drawdown as fully discharged. The processing fees will not be reimbursed and will be adjusted against the refund if any.
     • The Borrower shall not part possession or ownership of the Product or create any third- party rights thereon without the consent of the Lenders.
     • The Borrower shall not use or permit the use of Product for any purpose not permitted by the terms of the insurance policy if any, and not do or permit to be done any act or thing which might render the insurance invalid.
     • The Borrower shall not use the Product for unlawful or antisocial purposes and will use the same only for its own use and not for resale, barter or exchange or the like.
   
   

7. EVENTS OF DEFAULTS

   • The following acts/events, as set out below, shall each constitute an “Event of Default” by the Borrower for the purposes of each Credit Line:
     • The Borrower fails to make payment of any Borrower’s Dues on Due Date;
     • Breach of any terms, covenants, representation, warranty, declaration or confirmation under the Financing Documents;
     • Any fraud or misrepresentation or concealment of material information by Borrower which could have affected the decision of the Lenders to grant any Credit Line;
     • Death, lunacy or any other permanent disability of the Borrower;
     • Borrower utilises the Drawdown for any purpose other than the Purpose;
     • The occurrence of any events, conditions or circumstances (including any change in law) which in the absolute opinion of the Lenders could have a Material Adverse Effect, including limitation of any proceedings or action for bankruptcy/liquidation/ insolvency of the Borrower or attachment/restraint of any of its assets.
     • Any default by the Borrower under any other agreement between the Borrower(s) and any creditor or any other agreement or indebtedness of the Borrower(s) or the performance of any covenant, term or undertaking there under or any indebtedness of any of the Borrower(s) is not paid when due or any creditor of the Borrower(s) becomes entitled to declare any such indebtedness due and payable prior to the date on which it would otherwise have become due or any guarantee or indemnity given by the Borrower is not honoured, when due and called upon.
   • The decision of the Lenders as to whether or not an Event of Default has occurred shall be binding upon the Borrower.
   
   

8. CONSEQUENCES OF DEFAULT

   • Upon occurrence of any of the Events of Default and at any time thereafter, the Lenders shall have the right, but not the obligation to declare all sums outstanding in respect of the Credit Line, whether due or not, immediately repayable and upon the Borrower failing to make the said payments within 15 (fifteen) days thereof, the Lenders may at their discretion exercise any other right or remedy which may be available to the Lenders under any applicable law, including seeking any injunctive relief or attachment against the Borrower or their assets;
   • The Lenders shall also have the unconditional right to immediately take possession of the Product, if applicable.
   • The Borrower shall also be liable for payment of all legal and other costs and expenses resulting from the foregoing defaults or the exercise of the Lenders’ remedies.
   
   

9. DISCLOSURES

   • The Borrower acknowledges and authorizes the Lenders to disclose all information and data relating to Borrower, the Credit Line, Drawdowns, default (if any) committed by Borrower to such third parties/ agencies as the Lenders jointly or severally may deem appropriate and necessary to disclose and/or as authorized by RBI, including the Credit Information Bureau (India) Limited (“CIBIL”). The Borrower/s also acknowledges and authorizes such information to be used, processed by the Lenders/ third parties/ CIBIL / RBI as they may deem fit and in accordance with applicable laws. Further in Event of Default, the Lenders 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 the Lenders / CIBIL/ the Reserve Bank of India/ other authorized agency in their absolute discretion may think fit, including in newspapers, magazines and social media;
   • The Lenders will take the best endeavour to maintain the confidentiality imposed on it by applicable law. The Borrower hereby waives the privilege of privacy and defamation expressly. The Borrower further agrees and gives specific consent to the Lenders for disclosing/submitting the ‘financial information’ as defined in Section 3 (13 ) of the Insolvency and Bankruptcy Code, 2016 ( ‘Code’ for brief ) read with the relevant Regulations/ Rules framed under the Code, as amended and in force from time to time and as specified there under from time to time, in respect of the Credit/ Financial facilities availed from the Bank/ Lenders, from time to time, to any ‘Information Utility’ ( ‘IU’ for brief ) as defined in Section 3 ( 21 ) of the Code, in accordance with the relevant Regulations framed under the Code, and directions issued by Reserve Bank of India to the banks from time to time and hereby specifically agree to promptly authenticate the ‘financial information submitted by the Lenders, as and when requested by the concerned ‘IU’.
   • The Borrower shall not hold the Lenders responsible for sharing and/or disclosing the information now or in future and for any consequences suffered by the Borrower and/or other by reason thereof. The provisions of this clause shall survive termination of these Terms and the repayment of the Borrower’s Dues.
   • The entries made in records of Lenders shall be conclusive evidence of the existence and of the amount of Borrower’s Dues, and any statement of dues furnished by the Lenders shall be accepted by and be binding on the Borrower.
   • Borrower’s liability for repayment of the Borrower’s Dues shall, in the case where more than one Borrower have jointly applied for the Credit Line, be joint and several.
   • Borrower shall execute all documents and amendments and shall co-operate with the Lenders as required by the Lenders (i) to comply with any RBI guidelines / directives or (ii) for giving the Lenders full benefit of rights under the Financing Documents. 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 the Financing Documents and shall be binding on the Borrower.
   • Financing Documents shall continue to survive until the receipt by the Lenders of the Borrower’s Dues in full.
   • 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 Financing Documents are reasonable and acceptable to him/ her.
   • Notwithstanding any suspension or termination of any Credit Line, all right and remedies of the Lenders as per Financing Documents shall continue to survive until the receipt by the Lenders of the Borrower’s Dues in full.
   • The Borrower acknowledges that the financing transaction hereunder gives rise to a relationship of debtor and creditor as between him/her/it and the Lenders and not in respect of any service rendered/to be rendered by the Lenders. Accordingly, the provisions of the Consumer Protection Act, 1986 shall not apply to the transaction hereunder.
   • The Borrower hereby authorise each of the Lenders 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 the Borrower for obtaining any credit Line, and the Borrower also consents to subsequent retention of the same by the Lenders.
   • The Borrower hereby authorizes each of the Lenders to perform reference checks about the Borrower in the manner satisfactory to the Lenders.
   • The Borrower acknowledges and authorizes each of the Lenders to procure Borrower’s PAN No./copy of Pan Card, other identity proof and Bank Account details, from time to time and to generate/obtain CIBIL, Experian, Hunter reports and such other reports as and when the Lenders may deem fit.
   • The Borrower also authorizes each Lender to store all information provided by the Borrower in any jurisdiction as such Lender may deem fit.
   • In the event of any disagreement or dispute between the Lenders 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 the Lenders as to the materiality of any of the foregoing shall be final and binding on the Borrower.
   • The Borrower shall pay all stamp duty, registration cost, fees and out-of-pocket expenses incurred by it in connection with the preparation, execution and delivery of the Financing Documents and the other documents to be delivered hereunder. The Borrower agrees/s to indemnify and hold harmless the Lenders from and against any and all claims, damages, liabilities and expenses (including fees of counsel) which may be incurred by or asserted against the Lenders in connection with or arising out of any, investigation, litigation, or proceeding (whether or not the Lenders is party thereto) related to any use or proposed use of the proceeds of the debt by the Borrower.The Borrower shall indemnify the Lenders and keep the Lenders indemnified in respect of any actions, claims, costs, damages, demands, expenses, losses and liabilities made against, suffered or incurred by the Lenders arising directly or indirectly from or in connection with: (i) Any failure by the Borrower to comply with the provisions of the Financing Documents;and/or (ii) Any liability including third-party liability and/or (iii) Any claims, losses, demands, actions, costs, expenses and liabilities incurred or suffered by the Lenders because of the representations and warranties are given by the Borrower being false or untrue in a material respect.
   • In case of multiple Borrowers, (i) each Borrower agree to act as agent of the other, any obligation undertaken by a Borrower in favour of the Lenders shall be binding on the other; (ii) each Borrower agree that each of them shall have a joint and several liability and responsibility to discharge all and any Obligations towards the Lenders as per terms of this these Terms and other Financing Documents.
   • The grant of the Credit Line by the Lenders shall not vest in the Borrower or any other person a right to claim any damages from the Lenders, for any reason whatsoever.
   • All covenants, representations, warranties of the Borrower under the Financing Documents shall continue in full force and effect until all obligations have been satisfied. The indemnification Obligations of the Borrower shall also survive termination of the Financing Documents and shall be deemed to be continuing and in full force and effect, subject to applicable laws. Further, all clauses of the Financing Documents, which are expressly stated as surviving termination of the Financing Documents, shall survive the termination of the Financing Documents.
   • The Borrower expressly recognizes and accepts that the Lenders shall jointly or severally without prejudice to their rights to perform such activities themselves or through their office employees be entitled and have full power and authority so to appoint one or more third parties (hereinafter referred to as “Service Providers”) as the Lenders may select and to delegate to such party all or any of their functions, rights and power under Financing Documents relating to the sourcing, administration, monitoring of the Credit Line and to perform and execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices contacting Borrower, receiving Repayment Instruments from the Borrower in favour of the Lenders.
   
   

10. SEVERABILITY

    The Borrower acknowledges that each of his/her/its obligations under these Financing Documents is independent and severable from the rest. If any obligation is found not enforceable by a court of law, for any reason, the Borrower shall continue to remain bound by the other obligations stipulated herein. Each of the provision of the Financing Documents, if prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provision of the Financing Documents.

    
    

11. GOVERNING LAW AND JURISDICTION

    All Credit Line and the Financing Documents shall be governed by and construed in accordance with the laws of India; 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 the Financing Documents shall be settled by arbitration in accordance with the provision 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 the Lenders.The place of arbitration shall be Delhi. The Arbitrator may lay down from time to time the procedure to be followed by him in conducting arbitration proceedings and shall conduct arbitration proceedings in such manner as he considers appropriate and is hereby expressly authorized to adopt such summary/fast-track procedure for conduct of the proceedings as she/he may deem fit, including dispensing with oral hearings and issue the award within six (6) months from the date the arbitral tribunal enters upon reference.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; Further, the present clause shall survive the termination of Financing Documents. The Courts at Delhi, India shall have exclusive jurisdiction (subject to the arbitration proceedings which are to be also conducted in Delhi, India) over any or all disputes arising out of the Financing Documents.

    
    

12. NOTICES

    • Any notice to be given to the Borrower in respect of Financing Documents 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 forty-eight (48) hours from the time of its posting. Any notice to the Lenders shall be deemed to have been valid only if received by the Lenders at its above-stated address.
    • The Borrower may approach Lenders in case of any grievances pertaining to the Credit Line.
    
    

13. ASSIGNMENT

    • The Borrower shall not be entitled to jointly or severally transfer or assign all or any of their rights, obligations or duties under the Financing Documents to any person directly or indirectly or create any third-party interest in favour of any person without the prior written consent of the Lenders.
    • Assignments/Securitization/Participation by Lenders. Each Lender reserves the right to assign/sell/securitize the Credit Line forming part of the Credit Line, by transferring and/or assigning or otherwise all its right, title and interest which such Lenders deems appropriate and the Borrower hereby expressly agrees that in that event, without any prior permission of or intimation to the Borrower or any notice to the Borrower, subject to inter alia agreement between the Lenders. In the event of such transfer, assignment or securitization, the Borrower shall perform and be liable to perform their obligation under the Financing Documents to such assignee or transferor. In such event, the Borrower shall substitute the remaining Repayment Instruments in favour of the transferee/ assignee if called upon to do so by such Lender. The Borrower shall be bound to accept any such securitization and any such sale, assignment or transfer and the Borrower shall accept such other party/ies as creditors exclusively or as a joint creditor with the Lenders, or as a creditor exclusively with the right of the Lenders to continue to exercise all powers hereunder on behalf of any such other party. In the Event of Default, any cost in this behalf, whether on account of such sale, assignment or transfer or enforcement of rights and recovery of outstanding dues shall be to the account of the Borrower. The Borrower undertakes to pay third parties the difference between the Credit Line outstanding and the amount received by the Lenders in the event of transfer to a third party. The Borrower shall not assign, transfer or novate any interest in its rights and/or Obligations, without the prior written consent of the Lenders.
    • The Financing Documents shall be binding upon and inure to the benefit of the Borrower and the Lenders (as may be applicable) and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights hereunder or any interest herein without the prior written consent of the Lenders. Each Borrower confirms/s that the Loan Details Sheet executed by one of the Borrower shall be conclusive evidence of the drawal of the Credit Line and undertake to perform corresponding Obligations.
    
    

14. WAIVER

    Any omission or delay on the part of any of the Lenders, in exercising any of their rights, powers or remedy, upon failure by the Borrower in the due and punctual fulfillment of the obligations of the Borrower hereunder, shall not be deemed to constitute a waiver by the Lenders of any of their rights to require such due, punctual and full performance by the Borrower.

    
    

15. INDEMNITY

    The Borrower hereby indemnifies, defends and holds each of the Lender, their employees, representatives and consultants harmless from time to time and at all times against any liability, claim, loss, judgment, damage, cost or expense (including, without limitation, reasonable attorney’s fees and expenses) as a result of or arising out of any failure by the Borrower to observe or perform any of the terms and conditions and obligations contained in the Financing Documents or Event of Default or the exercise of any of the rights by the Lenders under the Financing Documents, including for any enforcement of security or recovery of Borrower’s Dues.

    
    

16. ACCEPTANCE

    I / We am / are aware that the Lenders shall agree to become a party to these Terms only after satisfying themselves with respect to all conditions and details filled by me / us in these Terms and other Financing Documents in consonance with the Lenders’ policy and on the basis of representations and warranties and undertaking made herein by me/us. I / We agree that these Terms shall be concluded and become legally binding on the date when the authorized officer of the Lenders sign this at Delhi or disbursement of the Credit Line, whichever is earlier. The content/s of these Terms has been read out, explained and interpreted to the Borrower in the language known to the Borrower and the same including various clauses stated in these Terms have been understood by the Borrower.

    
    

• These Terms and Conditions are for DCB STASHFIN Prepaid Cards issued by STASHFIN to its Customers in collaboration / cobranding with DCB Bank.
• In these Terms and Conditions ‘STASHFIN’ denotes the brand owned by EQX Analytics Private Limited, a Private Limited Company incorporated under the Companies Act, 1956 (CIN:U67190DL2016PTC290928) and having its Registered Office at 58, First Floor, Arjun Nagar Kotla Mubarakpur, New Delhi - 110003 , 'DCB Bank' denotes DCB Bank Limited, a Banking Company incorporated under the Companies Act, 1956 (CIN: L99999MH1995PLC089008) and having its Registered Office at 601 & 602, Peninsula Business Park, 6th Floor, Tower A, Senapati Bapat Marg, Lower Parel, Mumbai – 400 013,‘DCB STASHFIN Card’ or ‘DCB STASHFIN VISA Card’ denote DCB STASHFIN Prepaid Card and 'you' or ‘Cardholder’ denotes the DCB STASHFIN Prepaid Card-holders.
• Please make sure you have read the DCB STASHFIN Prepaid Card Terms and Conditions carefully before using the DCB STASHFIN Card. By using the DCB STASHFIN Card you are unconditionally and irrevocably accepting the terms and conditions as listed hereunder and as appearing on the DCB Bank website ‘www.dcbbank.com’ and will be bound by them at all times. By using the DCB STASHFIN Card you also accept the onus of ensuring compliance with the relevant Reserve Bank of India (RBI) Regulations, and the rules and regulations framed by the RBI, as amended / modified from time to time and any other corresponding enactment / law in force from time to time.

Application

The Cardholder acknowledges and understands that the DCB STASHFIN Card is being issued on the basis of his/her application.




DCB STASHFIN Card Validity and Cardholder's Obligations

• The DCB STASHFIN Card is valid for 2 (two) years from the date of manufacturing printed on the DCB STASHFIN Card.
• The issue and use of the DCB STASHFIN Card shall be subject to the rules and regulations as issued by STASHFIN, DCB Bank and the Reserve Bank of India and other regulators from time to time.
• The DCB STASHFIN Card shall be valid only for transaction at Point of Sale (POS), all VISA ATMs and at online merchants (i.e. for Ecommerce transactions) within India as permitted by DCB Bank from time to time.
• TheThe DCB STASHFIN Card will be at all times the property of DCB Bank and shall be returned to DCB Bank unconditionally and immediately upon DCB Bank's request. The Cardholder is requested to ensure that the identity of the DCB Bank's Officer is established before handing over the DCB STASHFIN Card.
• The DCB STASHFIN Card is not transferable or assignable by the Cardholder under any circumstances to anyone.
• You must sign on the reverse side of the DCB STASHFIN Card immediately upon receipt. You must not permit any other person to use it and should safeguard the DCB STASHFIN Card from misuse by retaining the DCB STASHFIN Card under your personal control at all times.
• The Personal Identification Number (PIN) issued to the Cardholder to use the DCB STASHFIN Card at POS, VISA ATMs and online merchants. The PIN may be any number chosen by the Cardholder as a PIN and will be known only to the Cardholder and is for the personal use of the Cardholder and is non-transferable, non-assignable and strictly confidential. A written record of the PIN number should not be kept in any form, place or manner that may facilitate its misuse by a third party. The PIN should not be disclosed to staff of STASHFIN, DCB Bank or to merchant establishments or to any third party, under any circumstances or by any means whether voluntary or otherwise.
• The Cardholder shall not be entitled to use the DCB STASHFIN Card in excess of the sufficient balance in the DCB STASHFIN Card.
• The Cardholder shall be responsible for transactions effected by using the DCB STASHFIN Card whether authorized by the Cardholder or not, and shall indemnify STASHFIN and DCB Bank against any loss or damage caused by any unauthorised use of the DCB STASHFIN Card or related PIN, including any penal action arising there from on account of any violation of RBI guidelines or any other law being in force in India and State continent / territory law being in force in India notwithstanding the termination of this arrangement.
• You hereby undertake to destroy the DCB STASHFIN Card on its expiry or closure by cutting it into several pieces through the magnetic strip. You may call STASHFIN or DCB Bank for DCB STASHFIN Card renewal, reissue or closure before expiry. DCB Bank reserves the sole right and discretion of renewing your DCB STASHFIN Card account on its expiry.
• The Cardholder shall inform DCB Bank in writing about any irregularities or discrepancies that exist in the transaction details at an ATM or merchant establishment within 7 (seven) days of the transaction processed. If no such notice is received during this time, STASHFIN and DCB Bank shall assume the correctness of transactions.



Fees

• Transaction fees wherever applicable as per the Schedule of Charges hereunder for cash withdrawals, balance inquiry and/or other transactions, may be debited to the DCB STASHFIN Card at the time of posting debit entry of the transaction amount or at the end of day.
• The charges / fees applicable on the usage of the DCB STASHFIN Card maybe revised or changed by STASHFIN or DCB Bank from time to time without prior intimation to the Cardholder(s).
• Any charges / fees appearing in this terms and conditions does not include service tax and, or any other cess or taxes. The same may be collected in addition to such fees or charges as applicable from time to time.



Lost or Stolen DCB STASHFIN Card

• In the event that the DCB STASHFIN Card is lost or stolen, the occurrence must be reported to DCB Bank Emergency Number (mentioned at the back of the card) immediately by fastest means of communication followed with a written communication. A copy of the acknowledged police complaint must accompany the said written communication.
• You hereby undertake to indemnify DCB Bank fully against any liability (civil or criminal), loss, cost, expenses or damage that may arise due to loss or misuse of the DCB STASHFIN Card in the event that it is lost and not reported to DCB Bank, or lost and misused before DCB Bank is informed. Provided you have complied with the terms and conditions in all respects, a replacement DCB Prepaid Card may be issued at the discretion of DCB Bank or STASHFIN at the applicable fee.
• If it is determined that you were grossly negligent or fraudulent in handling of the DCB STASHFIN Card, DCB Bank would not entertain any request for refund / reimbursement of fraudulent usage of the lost / stolen DCB STASHFIN Card. If any amount is erroneously credited to your DCB STASHFIN Card based on your representation and/ or any information provided by you and/or otherwise, DCB Bank would recover the amount from you without any prior notice. You hereby undertake to indemnify DCB Bank fully against any liability, loss, cost, expenses, damage that may arise due to your negligent or fraudulent handling of the DCB STASHFIN Card.
• Should you subsequently recover the lost DCB STASHFIN Card, as it cannot be used, please destroy such DCB STASHFIN Card by cutting it into several pieces through the magnetic strip.



Disputes

• In case of purchase transactions, a sales slip with the signature of the Cardholder together with the DCB STASHFIN Prepaid Card number noted thereon (by masking some of the digits for confidentially reasons) shall be conclusive evidence between DCB Bank and the Cardholder as to the extent of the liability incurred by the Cardholder and DCB Bank shall not be required to ensure that the Cardholder has received the goods purchased / availed of the service to the Cardholder's satisfaction.
• DCB Bank shall make bonafide and reasonable efforts to resolve an aggrieved Cardholder's disagreement with an applicable charge indicated in the account statement or as otherwise determined by the Cardholder within two (2) months of the receipt of notice of disagreement. If after such effort DCB Bank determines that the charge is correct, then it shall communicate the same to the Cardholder.
• DCB Bank accepts no responsibility and liability for the refusal of any establishment / merchant to honor the DCB STASHFIN Card.
• This arrangement will be construed in accordance with and governed by the laws of India. All disputes are subject to the exclusive jurisdiction of the Courts of Mumbai in India irrespective of whether any other Court may have concurrent jurisdiction in the matter. The mere fact that any service can be accessed through internet, mobile or phone by the Cardholder in a country other than India shall not be interpreted to imply that the laws of the said country govern these terms and conditions and/or the operations in the said accounts of the Cardholder and/or the use of any of these services.
• The Cardholder will be liable and responsible for all the costs associated with the collection of dues, legal expenses (should it become necessary to refer the matter to any agent/advocate), or where legal resources have been utilized in the resolution of a dispute.



Verified by Visa (VBV) – As and when introduced by DCB Bank Description of VBV

Verified by Visa provides you with a way of increasing security for online transactions by reducing the chances of fraud for those transactions. Registering for Verified by Visa involves providing personal information to DCB Bank, which is then used to confirm your identity for future online transactions for which Verified by Visa is used. Verified by Visa also may be used for record keeping and reporting purposes, as well as to help resolve transaction disputes.




Limitation of Liability

• You acknowledge and agree that, except as otherwise provided by any applicable laws, STASHFIN and/or DCB Bank shall not be liable and responsible for any loss or damage arising from your failure to comply with these Terms and Conditions.
• You agree that STASHFIN and/or DCB Bank shall not be liable and responsible to you or to any third party for any modification, suspension or discontinuance of Verified by Visa.
• Under no circumstances will STASHFIN and/or DCB Bank be liable and responsible for consequential, incidental, special or indirect losses or other damages, such as any damage to your computer or telephone service resulting from your use of Verified by Visa.
• STASHFIN and/or DCB Bank will assume no responsibility for, and will not be liable for, any damages to, or any viruses which may affect, your computer equipment or other property on account of your access to, use of, or downloading from, the said Website.
• You agree that 'online alerts' are sent by DCB Bank to the Mobile number registered for SMS alerts with DCB Bank and you shall take steps to get registered for 'SMS alerts' to receive alerts for transactions done on your DCB STASHFIN Card.



Disclaimer of Warranties

• You expressly understand and agree that any software obtained through the use of Verified by Visa is downloaded and used at your own discretion and risk/responsibility and that except as otherwise provided in these Terms and Conditions, you will be solely liable and responsible for any damage to your computer system or loss of data that results from the download or use of any such software or other materials through Verified by Visa.
• Except as otherwise required by any applicable law, DCB Bank makes no representations or warranties about Verified by Visa of any kind, express or implied, including any warranties as merchantability or fitness for a particular purpose. Verified by Visa is provided and made available to you on an “as is” basis.

Schedule of Charges

DCB Bank, at its discretion may reduce or waive any of the fees mentioned below. Such offers shall be communicated at the time of sourcing. The aforementioned Terms and Conditions together with below mentioned Schedule of Charges are subject to change from time to time at the sole discretion of DCB Bank. For updated Terms and Conditions, you may visit DCB Bank's website www.dcbbank.com:-

Particulars	Amount
Annual fee / maintenance charge	Nil
Card issuance fee / processing fee	Nil
Card replacement fee	INR 250.00 per replacement
Cash withdrawal at ATM	Every month First 10 withdrawals free; Thereafter per withdrawal - INR 20.00
Card reload fee	Nil
PIN regeneration fee on App	Nil
Balance enquiry at ATM	INR 8.00 per enquiry
Balance enquiry on App	Nil
Transaction history on App	Nil
Block/ unblock card on App	Nil

*Service Tax as applicable will be levied on all the fees and charges mentioned above.

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