Monexo Logo

Terms and Conditions

PLEASE READ THE FOLLOWING BEFORE PROCEEDING WITH YOUR REGISTRATION:

(a) THESE TERMS AND CONDITIONS ARE THE TERMS UPON WHICH YOU WILL PARTICIPATE IN THE MONEXO PLATFORM (HEREINAFTER REFERRED TO AS “THE PLATFORM”) IN THE EVENT THAT YOU ARE ACCEPTED BY MONEXO AS AN INVESTOR.

(b) BY YOU EITHER CLICKING A BUTTON/CHECKING A BOX INDICATING YOUR ACCEPTANCE, OR BY REGISTERING ON THE PLATFORM, AND/OR BY EXECUTING ANY DOCUMENT THAT REFERENCES THIS AGREEMENT AND/OR BY ACCESSING AND/OR USING THE MONEXO-INVESTOR MOBILE APP OR HTTPS://INVESTOR.MONEXO.CO/ PROGRESSIVE WEB APP, YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IN THIS AGREEMENT AND ANY FUTURE AMENDMENTS AND ADDITIONS TO THIS AGREEMENT AS PUBLISHED FROM TIME TO TIME ON THE MONEXO WEBSITE www.monexo.co. SHOULD YOU DISAGREE WITH ANY OF THE TERMS & CONDITIONS STIPULATED HEREIN (IN PART OR IN ENTIRETY), YOU ARE HEREBY DIRECTED TO REFRAIN FROM ACCESSING, REGISTERING, LOGGING-IN ON THE PLATFORM OR HAVE ANY ACCESS TO OUR SERVICES.

(c) IN THE EVENT OF YOUR REGISTRATION ON OUR PLATFORM THROUGH AN AUTHORISED MONEXO SALES PARTNER, YOU AGREE TO DISCLOSURE, BY MONEXO, OF YOUR ACCOUNT DETAILS TO THE SALES PARTNER.

1) Definitions

In these Terms, the following words shall have the following meanings:

  • Accepted Funds” has the meaning at Clause 7.1(iii).

  • Administrator” has the meaning at Clause 5.2.

  • App” means and includes the Monexo-Investor mobile app https://investor.monexo.co/ progressive web app providing investment opportunity in marketplace lending.

  • Approved Person/Eligible Person” has the meaning at Clause 4.3.

  • Borrower” means any person registered as a borrower with Monexo including the Eligible Person sourced by the business correspondent or agencies engaged by Monexo and approved by Monexo;

  • Borrower Terms” means the Borrower’s Terms and Conditions as are applicable at the commencement of the relevant Loan Period in relation to each transaction.

  • Changes” shall have the meaning at Clause 11.4.

  • Confirmation” has the meaning at Clause 6.2(ii).

  • Drawdown Date” means the date upon which the Administrator releases Funds to the relevant Borrower.

  • Escrow Account” means the Bank account operated by the Administrator and maintained specifically for the purpose of holding your and other lenders monies.

  • Exiting Member” shall have the meaning at clause 8.4.

  • Fixed Interest Rate” has the meaning at Clause 6.1(i).

  • Financing Documents/ Transaction Documents ” means these Terms and Conditions, the Loan Application, the Loan Details Sheet, including the annexures and any documents, either through electronic mode or physical mode or through any other acceptable mode including SMS or OTP process, executed by / with the Borrower or as required by MONEXO, as amended from time to time.

  • Funds” means any monies paid by a Member to the Administrator which: –
        (a)  are held by the Administrator on behalf of a Member; or,
        (b)  have been paid by the Administrator, on behalf of a Member, to a Borrower in accordance with Clause 7.1.

  • India” means the Republic of India.

  • Loan Period” means the period for which any loan is made by a Relevant Member to be determined in accordance with Clauses 6.1 and 7.2.

  • Member” means any prospective lender who has been successfully registered with Monexo as a participant.

  • Monexo“, “we” or “us” means Monexo Fintech Private Limited, a company incorporated under the Companies Act, 2013 in India whose registered office is at 1D, Apex Plaza, Old # 3, Nungambakkam High Rd, Tirumurthy Nagar, Nungambakkam, Chennai, Tamil Nadu 600034

  • Money Lending Regulations” shall mean any or all of the Money Lending statutes enacted by various states of India.

  • Offered Funds” has the meaning at Clause 6.2(i).

  • Offered Interest Rate” has the meaning at Clause 6.1(ii).

  • Offer Date” has the meaning at Clause 6.1.

  • Offer Period” shall mean the period of fifteen (15) days commencing on and inclusive of the Offer Date.

  • RBI Regulation” means the Master Direction issued by the Reserve Bank of India titled peer to peer lending platform (Reserve Bank) Directions, 2017 dated October 4, 2017 and any other regulations/ modifications and clarifications made thereof.

  • Relevant Member” has the meaning at Clause 7.2.

  • Screening Grade” means a combined grading for creditworthiness of the Borrower published by Monexo on www.monexo.co or App.

  • Target Funding” has the meaning at Clause 6.1.

  • Terms” means these Lenders’ Terms and Conditions.

  • Transaction” means any loan transaction with a Borrower in which you may wish to participate through the App.

  • User Terms” means the terms of use for the App already accepted by you.

  • You” or “Lender” means any person/entity applying to become a lender registered as a participant with Monexo.

  • Website” or “Platform” means the www.monexo.co/in/ website which is the intermediary providing the services of loan facilitation via any electronic medium to the Borrowers and Lenders defined herein.

2) App Privacy Policy

2.1) The Privacy Policy that you have already accepted when accessing the App shall continue to apply during the registration process with Monexo and, whilst you use the App as a Member.

2.2) Without prejudice to the generality of Clause 2.1:

(i) Details of any potential Transaction posted on the App will not amount to an offer or solicitation of any nature by Monexo.

(ii) Any information, projection or assumption included on the App or generated by Monexo is not intended to give you any legal, financial, taxation or other professional advice.

(iii) Should you propose to lend any money using the App, you are strongly advised to obtain appropriate independent, legal, professional advice before proceeding.

(iv) No warranties or representations (whether express or implied) are made by Monexo or anyone connected with Monexo (including their officers, agents, employees, affiliates and/or advisers) concerning the completeness, accuracy or reliability of any matter included on the App or any other information provided by Monexo to you or to any Member in connection with any potential Transaction

or any Monexo product or service and MONEXO wlll not be responsible under whatsoever circumstances or grounds on this. MONEXO is not responsible for any delays or loss

(v) Monexo is not responsible for any delays or loss of or corruption of data as a result of either the use of the App by you or your communications over the internet with Monexo, which are entirely at your risk. We will not accept any responsibility for any losses, claims or damages of any kind, whether direct or indirect or special or consequential or otherwise howsoever arising in relation to the foregoing.

(vi) You understand, confirm and explicitly affirm that you understand the risks associated with any proposed transaction that shall be effected on this App and that Monexo does not in any manner guarantee any return and there exists a likelihood of loss of the entire principal in case of default by the borrower. Monexo does not provide any assurance for the recovery of loans.

3) Business of Monexo

3.1) Monexo is not in the business of lending money or making loans but rather is a platform permitting prospective borrowers and lenders to directly enter into loan transactions with one another as well as carrying out risk assessment and support services to prospective borrowers and lenders. MONEXO may engage as many business correspondents or agencies to source borrowers on its behalf, such borrowers, when approved by Monexo, will be permitted to transact as Members and routed through the Platform. Nevertheless, the Lender may at its discretion choose the borrowers for loan transactions with Members in which he/she may wish to participate through the Platform. Nevertheless, MONEXO will not be liabile or assume any liablility arising out of your lending to such borrowers

3.2) No Members are permitted to use the Monexo platform to provide for interest rates deemed to be excessive under the prevalent laws in India or which are otherwise unenforceable at law.

3.3) Monexo’s products and services are regulated by Reserve Bank of India as per RBI’s Master Direction DNBR PD(090) /03.10.124/2017-18 dt.October, 04, 2017 as amended from time to time. Monexo is a registered NBFC-P2P as per the above referred Master Direction. Monexo is not operating a Portfolio Investment Scheme as defined under the regulations of Securities Exchange Board of India (SEBI) and Members will retain discretion over the Funds described in the manner in these Terms.

4) Membership

4.1) Only those Members who accept the Privacy Policy and these Terms shall have the ability to participate in a Transaction.

4.2) Eligibility:

A company/partnership firm/LLP/HUF may register as a Member if

   (i) The company/partnership firm/LLP/HUF is incorporated under the applicable Indian laws and has its registered office in India;

   (ii) The company/partnership firm/LLP/HUF holds valid charter documents, including but not limited to, its Memorandum of Association, Articles of Association and Certificate of Incorporation;

   (iii) The company/partnership firm/LLP/HUF has a valid operative bank account in India; and

   (iv) The company/partnership firm/LLP/HUF holds a valid Permanent Account Number (PAN) card issued by the Government of India.

An individual may register as a Member if:

   (i) The individual is a resident of India as per the Foreign Exchange Management Act, 1999 (FEMA)

   (ii) The individual must have a valid identity and residence proof including and not limited to an Aadhar card

   (iii) The individual must have a valid operative bank account

   (iv) The individual must have a valid PAN card issued by the Government of India.

4.3) By accepting these Terms as a prospective Lender, you warrant that you are an “Approved Person/Eligible Person “, namely, that you are:

   (i) Eligible to enter into financial transactions of the nature of P2P Lending in India and resident in India as per FEMA or in the case of a corporation, incorporated in India;

   (ii) a person above the age of eighteen (18) years and/or eligible to contract per Indian Contract Act, 1872; and

   (iii) eligible to transact on peer-to-peer lending platforms and have not exceeded the aggregate amount of exposure to all borrowers at any point of time across all the peer-to-peer lending platforms available in India prescribed in the RBI Regulations i.e. Rs. 50,00,000/- (Rupees Fifty Lakhs).

   (iv) You are aware of the RBI Regulations that a single participant can fund only a maximum of Rs.50,000/- (Rupees Fifty Thousand only) to a borrower across all peer-to-peer lending platforms available in India and that you undertake not to exceed this threshold limit at all times, while you are a participant in www.monexo.co platform.

   (v) a person who is not involved in activities which fall under the scope of anti money laundering and counter terrorist financing legislation and regulations; and

   (vi) A person who is either a salaried employee, self-employed person, independent professional or is engaged in any other occupation or profession for profit or otherwise;

   (vii) a person who is not prohibited by any applicable laws from participating in any of the products or services offered by Monexo; and

4.4) Monexo has the right to either (i) refuse an application of any person to become a Member or (ii) to require that an existing Member ceases to be a Member, in each case without giving any reason and without incurring any liability irrespective of whether Authorised Person or not

4.5) You agree that Monexo, (directly or through any third party) will undertake anti money laundering checks in respect of your application to become a Member and will require other relevant information of you, with which process you agree to fully and honestly co-operate. We would remind you of our privacy policy and particularly the persons with whom we are permitted to share the information that you have provided to us.

4.6) In the event that any information provided by you is believed by Monexo, in its absolute discretion, to be incorrect, Monexo reserves the right to (i) amend the same (subject to the terms of our privacy policy) and/or (ii) suspend your membership until such information is corrected or verified to Monexo’s satisfaction.

4.7) Any instruction received from your nominated email account/through the App shall be deemed to bind you without any further duty of enquiry on Monexo. This provision shall apply to individual, joint and corporate Members.

4.8) If you are a “lender” within the purpose of any Money Lenders Regulation, you shall disclose the same to Monexo, and provide details of your license as and when required by Monexo. If you fail to disclose the above details, Monexo will have the right to immediately suspend or terminate your Membership.

5) Administrator

5.1) By applying to be registered with Monexo you agree and confirm that:

   (i) all Funds paid by you will be (a) paid by you from a bank account in India in your name in Indian Rupees; and (b) deposited and held in one or more bank accounts operated by the Administrator; and

   (ii) any sums that any Borrower repays under a Transaction shall be deemed by these Terms to be directed by the Relevant Member to be paid to the Administrator without the Borrower having any further obligation concerning the application of those monies.

5.2) For the purposes of these Terms, the “Administrator” shall be such person as is appointed by Monexo from time to time to deal with all Funds. It is further explicitly clarified that the Administrative Service Provider will not be the Borrower for the purposes of the Loan and will purely be providing payment services for the Borrower and Lenders as described in the Terms as provided in the RBI Regulations.

5.3) For the time being and until further notice, the Administrator currently is IDBI Trusteeship Services Limited having its registered office at Asian Building Ground Floor, 17, R.Kamani Marg, Ballard Estate, Mumbai – 400 001 and any changes of Administrator will be posted on the Website www.monexo.co

5.4) Monexo confirms that it will, at all times, instruct the Administrator to keep both:

(i) the Funds segregated from the Administrator’s own accounts;

(ii) records showing clearly that the Funds do not belong to Monexo or the Administrator; and

(iii) to procure that any Funds that are not Offered Funds or Accepted Funds are repayable to the Member within seven (7) working days of being so requested by that Member

5.5) It is a condition of the Administrator agreeing to act in such capacity that you confirm to Monexo by these Terms for the benefit of the Administrator that:

   (i) you will have no right of recourse against any monies held by the Administrator save only for your Funds; and

   (ii) save for the Administrator’s compliance with these Terms, the Administrator will have no further obligation to you and the money held by the Administrator will not earn any interest on the balances held in the escrow account.

5.6) In the event that Monexo is unable to continue to operate the Platform, then Monexo will procure that, under its agreement with the Administrator, the Administrator will use its reasonable endeavours to provide a basic service to receive payments in respect of then-subsisting Transactions subject to the payment to the Administrator of like fees as would otherwise be payable to Monexo pursuant to these Terms. However, in such circumstances, the Administrator shall not be involved in the creation of any new Transactions and, in respect of Funds not committed to a Transaction, these shall be returned to the relevant Member as soon as is reasonably practicable.

5.7) Monexo will endeavour to ensure that both: (i) the amount of Funds held by the Administrator belonging to each Member and (ii) the identification of which Funds are the subject of a particular Transaction, in each case as advised by Monexo to the Administrator, are both accessible by the Members on the App and are updated on the App at least on a regular basis provided that neither the Administrator nor Monexo shall be liable for any delay in updating such information

5.8) Monexo will send you emails from time to time advising you of the amount and status of your Funds based on the books maintained by the Administrator and, unless you raise an objection by email to Monexo within 3 (three) days of being so informed by Monexo, you will be deemed to have accepted the contents of the advice sent to you.

5.9) In the event that an Administrator is unable to fulfil its obligation either due to insolvency or other incapacity, then Monexo shall endeavour to appoint an alternative Administrator and shall not be responsible for any losses to Members pending such a new appointment.

5.10) Without prejudice to the generality of any other provision in these Terms, neither Monexo nor the Administrator shall have any obligation to provide any services where an event of force majeure or other circumstances beyond their control prevents either or both of them from performing their services for so long as such event is outstanding.

6) Offered Transactions

6.1) Monexo will from time to time publish Screening Grades on the App relevant to a prospective Transaction together with the proposed Loan Period and the amount of funding sought by the relevant Borrower (“Target Funding”) who shall not be identified by name in the transaction. However, the full disclosure of the name of the borrower shall be available in the annexure at the time of execution of the transaction. This publication will also specify either:

   (i) the interest rate applicable to that prospective Transaction (“Fixed Interest Rate”) which will be within Monexo’s then applicable range of interest rates for such Screening Grade and / or loan product; or

   (ii) an interest rate requested by a Borrower for that prospective Transaction (“Offered Interest Rate”)

and the date upon which that prospective Transaction is published on the App is referred to as the “Offer Date”.

6.2) If you wish to participate in either: (i) a prospective Transaction with a Fixed Interest Rate; or (ii) a prospective Transaction with an Offered Interest Rate, then you may have the opportunity to do so by completing the relevant section on the App, which will require you to both:

   (i) specify the amount of Funds that you may wish to commit to that prospective Transaction (“Offered Funds”), which amount must (a) not exceed the Funds belonging to you (excluding any fees due to Monexo) (b) be held by the Administrator in cash; (c) not exceed the amount of Target Funding then outstanding for the prospective Transaction as advised by the App; and, (d) be a multiple of such amount as Monexo may prescribe from time to time on the App; and

   (ii) press a “confirm” button provided at the relevant section of the App (“Confirmation”).

6.3) Should you indicate your Confirmation to Monexo for any prospective Transaction in accordance with Clause 6.2 within the Offer period , then the said instruction shall be an irrevocable instruction by you to Monexo to offer the Offered Funds to the relevant Borrower for the purposes of that prospective Transaction subject, however, to the terms of Clause 7. Please note that, having pressed the Confirmation in respect of a Transaction, you are not permitted to withdraw your offer of the Offered Funds to participate in the prospective Transaction until after the expiry of the Offer Period and, if you have by that time become a Relevant Member in the circumstances described at Clause 7, the Offered Funds will be lent to the Relevant Borrower and the Offered Funds will not be returned to you even if you so request.

6.4) AutoInvest: Lending Members shall also be able to utilise the AutoInvest feature of the App/ Platform in the following manner:

   (a) Lenders can choose the Monexo AutoInvest feature which allows Lender to execute their lending criteria automatically by the Platform without any manual intervention.

   (b) Once the AutoInvest feature is turned ON by Lender, his Offered Funds available in Administrative account is queued up for lending to various Transactions in the marketplace of the Platform.

   (c) The Monexo AutoInvest engine runs daily at a prescheduled frequency and funds loans per AutoInvest lending criteria defined by Lenders.

   (d) The Completed Transactions shall be regulated as per clause 7 below.

   (e) Lenders are required to accept the Autoinvest Terms and Conditions and input their lending criteria to use the AutoInvest feature.

6.5) Transfer by Lenders:

   (a) Each Lender (“Transferring Lender”) may transfer in whole or in part its rights, title and interest in any Transaction (“Transferred Transaction”) to any other Lender (“New Lender”) on the Platform.

   (b) The transfer of the Transaction will be come effective via the acceptance of the “Transfer Certificate” by both the Transferring Lender and the New Lender. The Transfer Certificate will be entered into by electronic means,via the generation of an one time password (OTP) to be entered by the Transferring Lender and the New Lender at the time of transfer of the Transaction which shall indicate the acceptance of the transfer.

   (c) Upon transferring a Transaction or part thereof pursuant to this clause 6.5, the Transferring Lender transfers to the New Lender all of its rights and obligations under the Transferred Transaction.

   (d) The New Lender agrees to be bound by the terms of the Transferred Transaction as if it were the original lender to the Transferred Transaction in place of the Transferring Lender.

   (e) Transferring Lender agrees to release and discharge the Borrower from future obligations and liabilities under the Transferred Transaction on the basis that the New Lender assumes the future obligations and liabilities of the Transferring Lender under the Transferred Transaction.

   (f) Transfer Fees: At the time of transfer of the Transaction the Transferring Lender shall pay a transfer fees to Monexo as provided in Schedule A hereunder.

   (g) The Borrower’s rights and obligations under a Transferred Transaction shall not be adversely affected in any way by that transfer.

   (h) A Lender may also transfer a Transaction to any third party outside the Monexo Platform upon obtaining a prior written consent of Monexo.

7) Completed Transactions

7.1) If Monexo shall:

   (i) Receive Confirmations of Offered Funds of more than 60% but less than 100% of the Target Funding at the end of the Offer Period for the prospective Transaction, then you agree that such Transaction shall become legally binding and the Administrator will be immediately authorised to release the Offered Funds to the Borrower on the terms set out at Clause 7.2;

   (ii) Not receive Confirmations of at least 60% of the Target Funding by the expiry of the Offer Period, then the Offered Funds shall not be committed to that Transaction; or

   (iii) Receive Confirmations of 100% of the Target Funding at any time during the Offer Period, then Monexo will, endeavour to, but shall not be obliged to, process all Confirmations on a first-come-first-served basis, those chosen Offered Funds being “Accepted Funds” and you agree that:

      (a) any Accepted Funds shall immediately be treated in a like manner to that set out in Clause 7.1 (i) in respect of a legally binding Transaction; and,

       (b) any Offered Funds that do not become Accepted Funds shall be treated in a like manner to that set out at Clause 7.1.(ii).

7.2) Any Member whose Offered Funds form a part of or the whole of any Transaction shall be referred to, in respect of that particular Transaction, as a “Relevant Member”. Each Relevant Member shall have been deemed to have made a separate loan to the Borrower:

   (i) in an amount of the Offered Funds;

   (ii) for the Loan Period which shall have been deemed to have commenced on the Drawdown Date;

   (iii) at the Fixed Interest Rate or Offered Interest Rate (as applicable); and,

   (iv) subject to the Borrower Terms & Conditions.

7.3) No Guarantee: Monexo does not provide any guarantee:

   (i) That you will receive a Loan request as a result of posting a listing; or

   (ii) That your money will be committed in a Borrower’s loan as a result of you confirming an Offered Fund;

   (iii) That you will receive any rate of return, or any minimum amount of principal or interest on any principal or interest at all;

You are recommended to fully acquaint yourself with the Borrower Terms & Conditions before committing any Offered Funds under these Terms.

8) Default

8.1) The due date for the payment of EMI is 1st of every month. The Borrower is given a grace period of 2 days for EMI payment.

8.2) In the event that the Borrower is in arrears of any payment , Monexo is immediately irrevocably authorised by the Member to refer this matter to a collection agency / law firm /Arbitrator of Monexo’s choosing and, in so acting, Monexo will be the agent for each Relevant Member.

8.3) In consideration of the same and to meet the cost of collection and legal expenses, you agree to Monexo appropriating the late payment fee and the penal charges payable by the Borrower.

8.4) In the event that the collection agency referred to at Clause 8.2 is unable to recover any of the claimed sums from the Borrower within forty five (45) days of their appointment or default of the Borrower exceeding half of the Offered Funds whichever is later, any Relevant Member (“Exiting Member”), can elect in writing to Monexo that Monexo shall deliver up to that Relevant Member details of the identity and contact details of the relevant Borrower and such further or other information collected with regard to your association with Monexo with the relevant loan documentation and other additional information which are known to Monexo.

8.5) In the circumstances described at Clause 8.4, Monexo shall have no further responsibility in respect of the matter insofar as it relates to the Exiting Member’s participation in the Transaction and the Administrator shall be instructed to remove the Transaction from its records insofar as it relates to the Exiting Member, in each case without further claim by the Exiting Member against Monexo or the Administrator.

9) Limitations on Liability

In addition to the other limitations in these Terms, the Member specifically confirms that:

9.1) Monexo conducts Screening Grades based on information known to it. Whilst Monexo will take reasonable steps to verify such information, (a) Monexo makes no warranty that the Screening Grades accurately reflect any matter relating to the Borrower and/or the veracity of any information that Monexo obtains from the Borrower and (b) Monexo is not making any representation concerning the Transaction and/or any information that it has derived from the Borrower and the Member accepts and confirms that (i) there is a risk that the Screening Grade may be incorrect and (ii) it should not rely on the Screening Grade or other information provided by the Borrower to Monexo alone in committing any Offered Funds and (iii) Monexo shall have no liability in respect of any losses resulting to the Member from any incorrect or misleading information being given in respect of any Transaction.

9.2) You will be responsible for all legal obligations that may apply anywhere in the world in relation to any Transaction in which you participate including but not limited to any taxation filings and payments to which you may be subject.

9.3) In the event of any claim made against Monexo, the Administrator and/or the respective officers, agents, employees and/or affiliates (“Indemnified Parties”) in respect of any breach of any of your obligations under these Lenders Terms & Conditions and/ or under the App Terms of Use, including under Clause 9.2, you agree to indemnify and hold such Indemnified Parties harmless against all damages, losses costs and claims thereby incurred.

10) Costs

10.1) It is a condition of being a Member that you agree (i) to be responsible for all of Monexo’s costs and disbursements in relation to any Transaction in which you participate to the extent of your participation and (ii) in respect of such Transaction, that any such fees due to Monexo may be deducted from your Funds

10.2) Details of Monexo’s costs appear in the Schedule A to these Terms but may be subject to revision by Monexo in its absolute discretion and from time to time. In the event that such revisions are made, Monexo will post a notice of revised costs on its Website prior to such revisions taking effect.

11) General

11.1) You agree and appoint Monexo as the custodian of all the documentation relating to your registration and subsequent loan transactions entered into on the Platform. Monexo will provide all such documents as necessary upon receiving a written request from you.

11.2) In the event of any conflict between these Terms and the Privacy Policy, these Terms shall prevail.

11.3) All notices delivered to you under these Terms shall be sent to the latest email address that Monexo has on its records for you. Such notice shall be deemed to be sent at the time of dispatch.

11.4) Any changes to these Terms (“Changes“) shall be posted on the Website prior to their adoption and a notification shall be sent to you. Unless you request the Administrator to return all Funds to you that are not then being applied for Transactions prior to the date of adoption of the Changes, you will be deemed to have accepted those Changes.

11.5) For the purposes of any time limitation in these Terms, time shall be of the essence.

11.6) These Terms may be translated into other languages but, in the event of any conflict between versions, the English language version shall prevail.

11.7) Governing law – This Terms contained herein shall be governed by and constructed in accordance with the laws of India subject to the exclusive jurisdiction of the courts of Chennai, Tamil Nadu, India.

11.8) Dispute Resolution – You are solely responsible for your interactions with any other Member (even to the extent prohibited hereby) or any Borrower and any disputes that may result from such interactions. Monexo reserves the right, but has no obligation, to monitor disputes between you and such persons and provide assistance if it deems it necessary. You hereby agree and appoint Monexo as your agent to conduct arbitration proceeding on your behalf against any defaulting Borrowers. If any dispute arises between you and Monexo during your use of our App or period of Membership thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by Monexo. The place of arbitration shall be Chennai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

11.9) Monexo may assign any of its responsibilities/obligations to any other person without any prior notice to the Lender at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other party, unless a written consent is taken from Monexo.

11.10) Waiver – Failure by Monexo to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

11.11) Force Majeure – Monexo is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

11.12) Interpretation – In this Lender Terms, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Terms; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Terms; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Terms to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Terms; and any reference to a time limit in this Terms means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.

11.13) Monexo reserves the right to terminate your registration without any notice on its App upon the occurrence of the following:

   11.13.1) Your appearance on any list of defaulting individuals, individuals having a criminal record, etc which may be issued by any regulatory or legal authority especially any such list issued by the Reserve Bank of India.

   11.13.2) Unprofessional, unruly conduct by you against any participant or any employees, agents of Monexo.

10.2) Details of Monexo’s costs appear in the Schedule A to these Terms but may be subject to revision by Monexo in its absolute discretion and from time to time. In the event that such revisions are made, Monexo will post a notice of revised costs on its Website prior to such revisions taking effect.

SCHEDULE A

Fee TypeDefinitionAmount Payable
Application FeeFee payable by a prospective lender at the time of registration of his/their applicationRs. Nil
Loan Servicing
Fee
Fee payable at the time of crediting any payment/ repayments by borrowers to your Account

The indicative pre-tax yield of each loan is displayed in the Monexo marketplace as “Lender XIRR”. Loan Servicing fee charged by Monexo is the difference between Interest Rate of the loan and the “Lender XIRR

E.g., If the Indicative pre-tax yield is 13.00% XIRR and the Interest rate on the loan is 18.00% p.a Loan Servicing fee charged by Monexo will be 5% p.a calculated on a monthly basis on the loan amount for the first month and principal remaining on the loan for subsequent months.

Transfer FeesFee payable at the time of transfer of a transaction as per Clause 6.5 of these Terms and ConditionsNil

The above-mentioned fees is inclusive of Goods and Services Tax (GST). The Member shall be bound and liable to bear, pay and discharge other statutory / other liabilities, cess, duties, fees, etc. that may be imposed by the relevant statutory and local authority at any time. The Lender shall also deduct tax at source (TDS), if applicable, and shall provide the TDS Certificates or any other document evidencing the taxes deducted at source by the Member from the payments made to Monexo as and when required by Monexo.