Loan Agreement 010008383434
Loan Agreement 010008383434
Loan Agreement 010008383434
We have summarized the key terms of the Agreement for your convenience here. However, please note that this
summary is not part of the Agreement and you must read the entire agreement below before clicking the “Get
Cash” tab:
Sr.
Parameter Details
No
Loan amount (amount disbursed/to be disbursed to
(i) 35000.00
the borrower) (in Rupees)
Loan amount disbursed by Navi Finserv Limited (in
(a) 7000.00
Rupees)
Loan amount disbursed by KISETSU SAISON
(b) 28000.00
FINANCE (INDIA) PRIVATE LIMITED (in Rupees)
Total interest charge during the entire tenor of the
(ii) 5745.59
loan (in Rupees)
(iii) Other up-front charges (in Rupees) 0.00
(a) Processing fees (Including GST) (in Rupees) 0.00
(b) Insurance charges (in Rupees) Nil
Costs of Recovery (costs incurred towards recovery
(c) As per actuals
of delayed EMI payments) (if any)
(iv) Net disbursed amount ((i)-(iii)) (in Rupees) 35000.00
Total amount to be paid by the borrower (sum of (i),
(v) 40745.59
(ii) and (iii)) (in Rupees)
(vi) Interest Rate (in percentage) 35.00
Annual Percentage Rate - Effective annualized
interest rate (in percentage) (computed on net
(vii) 35.00
disbursed amount using IRR approach and reducing
balance method)
(viii) Tenor of the Loan (in months) 14 Months
(ix) Repayment frequency by the borrower Monthly
(x) Number of instalments of repayment (EMI) 13
(xi) Amount of each instalment of repayment (in Rupees) 2200.00
Details about Contingent Charges
EMI Penalty Charges: EMI Penalty Charge (inclusive of GST) shall be
levied for default in payment of each EMI amount,
Description on applicability: (applicable on delayed per instance, as per the below slabs for each
payments from the EMI due date (calculated on a period of delayed payment:
monthly basis)) If there is delay in payment of EMI
(xii) as per the due dates set out in Schedule A of the Total EMI Penalty
Delay in EMI Payment -
Loan Agreement, EMI penalty charges (inclusive of Charges (inclusive of
Days Past Due Date
GST) as per the applicable slabs shall be levied on GST)
each overdue installment of EMI amount on every 1st day after due date 10% of EMI amount
specified period of default as mentioned in the 8th day of due date 15% of EMI amount
column titled ‘Details’. 15th day of due date 20% of EMI amount
* All amounts mentioned herein-above are on an as is basis at the time of sanction. The above-mentioned amounts
are subject to changes based on pre-payment, foreclosure, EMI date change or any other event leading to
rescheduling of the loan.
1. Partner FI Grievance Redressal Officer: Grievance Redressal Officer: Ms. Preethi Nair, IndiQube Lexington Tower,
First Floor, Tavarekere Main Rd, Tavarekere, S.G. Palya Bengaluru, Karnataka 56002, Email:
[email protected], Contact Number: 9962003070.
2. Minimum Annual Household Income: The Borrower hereby represents and warrants to the Lenders that the
Borrower’s annual household income is more than Rs. 3,00,000 (Rupees Three Lakhs). For this purpose, the term
‘household’ shall mean an individual family unit, i.e. husband, wife and their unmarried children who are above the
3. Communication of Changes by You: You must inform the Lenders of any changes to your contact details, banking
details, AADHAAR and PAN Information immediately.
4. Communication of Changes by the Lenders: The Lenders shall inform You of any changes to the conditions under
the Loan Agreement (including changes to the interest rate, charges, method of levy of interest rate/ charges, penal
interest/ charges etc.). These changes shall be notified by the Lenders in the manner provided in the NTL Terms of
Use, NTL Privacy Policy, NFS Terms of Use and /or NFS Privacy Policy (defined below). The Borrower may reach out
to the Lenders via [email protected]
5. Auto-Debit: You will issue appropriate auto-debit instructions for your Bank Account to repay the EMIs, prior to
disbursal of Loan Amount. These cannot be changed or cancelled during the term of the loan. If you modify or
cancel these instructions, then all amounts due will be immediately payable.
6. Dispute Resolution: Any disputes arising out of or related to the Agreement shall be resolved in the manner set
out in Clause 11.2 of the Loan Agreement.
7. The Borrower also confirm that Borrower is aware of and have understood the aforesaid charges applicable on
the Loan and the approach for gradations of risk and rationale followed for charging different rate of interest to
different categories of borrowers as per the Lenders’ internal policies.
8. Electronic Execution: For ease of operation, the Loan is being sanctioned and provided to You through the cash
loan application which is made available by Navi Finserv Limited (formerly known as Navi Finserv Private Limited)
(“Cash Loan App”) and You hereby accept this Agreement by clicking the "Get Cash” tab on the Cash Loan.
Execution of the Loan Agreement in this manner creates a legally valid and binding agreement.
9. Terms of Use and Privacy Policy: The (i) Terms of Use and Navi Privacy Policy on the mobile application which is
made available by Navi Technologies Limited (formerly known as Navi Technologies Private Limited) (hereinafter
referred as the “NTL Terms of Use” and “NTL Privacy Policy” respectively) and the (ii) Terms of Use and Privacy
Policy on the cash loan application which is made available by Navi Finserv Limited (formerly known as Navi Finserv
Private Limited) (hereinafter referred as the “NFS Terms of Use” and “NFS Privacy Policy” respectively) govern the
manner in which you may avail, use and repay the loan amount. The NTL Terms of Use and the NTL Privacy Policy
are available here and here, respectively, and the NFS Terms of Use and NFS Privacy Policy are available here and
here, respectively, and the Partner FI's Privacy Policy is available here.
10. Recovery Mechanism: The collection and recovery activities shall be carried on by Navi and the Lending Service
Providers in accordance with the Collection Code of Conduct prescribed by the Lenders from time to time.
This Loan Agreement (“ Agreement”), along with the Terms of Use and Privacy Policy Policy on the mobile
application which is made available by Navi Technologies Limited (formerly known as Navi Technologies Private
Limited) (“Navi”) (hereinafter referred as the “NTL Terms of Use” and “NTL Privacy Policy”, respectively) and the
Terms of Use and Privacy Policy on the cash loan application which is made available by Navi Finserv Limited
(formerly known as Navi Finserv Private Limited) (“Cash Loan App”) (hereinafter referred as the “NFS Terms of Use”
and “NFS Privacy Policy”, respectively) govern the manner in which you (“ you”, “ your” or “ Borrower”) may avail, use
and repay the Loan Amount. The Loan Amount is provided to you under a co-lending arrangement between Navi
Finserv Limited(formerly known as Navi Finserv Private Limited) (“Lender1”) and KISETSU SAISON FINANCE (INDIA)
PRIVATE LIMITED(“Lender2”) (collectively referred to as “ Lender(s)”). In this Agreement, the (i) NTL Terms of Use
and NFS Terms of Use are collectively referred to as “Navi Terms of Use” and (ii) the NTL Privacy Policy and NFS
Privacy Policy are collectively referred to as “Navi Privacy Policies”.
The Lender, and Borrower are hereinafter collectively referred to as the “ Parties” and individually, as a “ Party”.
Background
A. The Lenders are NBFC / HFC registered with the Reserve Bank of India, issuing loans to various borrowers
across India.
B. The Borrower has applied for a loan, for the amounts (“ Loan Amount”) as specified in Schedule A, from each
Lender through the Cash Loan App. The Borrower has agreed to the Navi Terms of Use and Navi Privacy
Policies.
The following words/expressions shall carry the meaning ascribed to them throughout the Agreement unless
otherwise stated:
“ Borrower” means an individual whose loan application form has been processed according to the prescribed
eligibility criteria and to whom the Loan has been sanctioned and/or disbursed by the Lenders. The expression
Borrower shall include the co-Borrower, his/her heirs, executors, administrators, and legal representatives
respectively.
“ Due Date” in respect of EMI, the respective repayment date and in respect of any other amount payable under the
Transaction Documents, the date on which such amounts falls due.
“ Fee” means the aggregate amount payable by the Borrower to the Lenders, as per the details provided in this
Agreement, towards the servicing fee, loan processing fee, the registration fee and such other details provided in
this Agreement.
“ Loan” or “ Loan Amount” means the loan granted/agreed to be granted by the Lenders to the Borrower pursuant
to the terms of this Agreement.
“ Material Adverse Effect” means with respect to a Party, a material adverse effect on the ability of the Party to
perform or comply with its obligations under this Agreement.
“ NACH” means National Automated Clearing House implemented by the National Payments Corporation of India
for Banks, Financial Institutions a web-based solution to facilitate interbank, high volume, electronic transactions
which are repetitive and periodic in nature and includes ENACH i.e. Electronic National Automated Clearing House.
“ Outstanding Amount” means and includes the Loan Amount outstanding at any point of time, including principal
loan amount, interest, costs, Fee, Other Charges, expenses, etc.
“ Sanction Letter” means the letter issued by the Lenders sanctioning the Loan along with the relevant particulars.
“ Transaction Documents” means any of the following as the context may require, i.e. this Agreement and all or any
other documents, instruments, certificates, guarantee and Terms & Conditions executed and/or delivered by the
Borrower or any third party in favour of the Lenders in connection with the Loan Amount.
2.1. Loan Amount : Subject to the Borrower providing accurate information on the Cash Loan App, within 24 (twenty
four) hours of the Borrower agreeing to the terms of this Agreement, by clicking the “Get Cash” tab, the Lenders
shall, after deducting Processing Fees (defined below and if applicable) and applicable taxes from the Loan
Amount, transfer the remaining Loan Amount to the Borrower’s bank account, as per the details provided by the
Borrower on the Cash Loan App. The aforesaid time-frame of 24 (twenty four) hours is subject to uninterrupted
availability of banking channels.
2.2. The Loan Term shall be the period as stated in the Key Facts Statement or the period as revised/increased by
Lenders and intimated to the Borrower, from time to time, at its sole discretion, due to any regulatory scheme or
package and/or any other reason as the Lenders may deem fit (hereinafter referred to as the “ Loan Term”)
2.4.1 Interest Rate : The Lenders shall charge the Borrower a scheduled interest on the Loan Amount as provided
in Schedule A. For the avoidance of doubt, it is hereby clarified that the interest rate set out in Schedule A is an
annual interest rate that accrues on a daily basis vis-à-vis the principal Loan Amount. For example, if the Interest
Rate payable on the Loan Amount is 30%, this means that it would accrue daily, at the rate of 30% for the year,
which would be 0.082% per day (i.e. 30÷365).
2.4.2 Tax and Charges : The Borrower shall pay all taxes (including stamp duty) payable under or pursuant to this
Agreement and any other costs associated with the transaction contained herein.
a. The Borrower shall repay the Loan Amount, together with Interest due and other applicable charges, by way of
equated monthly installments in the manner as provided in Schedule A (“EMIs”). All repayments to be made
under this Agreement shall be made through the Navi App using electronic banking channels or other methods
available thereupon. Instructions for repayment through auto debit, in accordance with the Lender’s specification,
must be issued by the Borrower with respect to the Borrower’s designated bank account (“ Bank Account”) prior
to disbursal of Loan by the Lenders. The Borrower shall at all times maintain sufficient funds in his/ her Bank
Account to ensure that the payment instruments issued by the Borrower are not dishonored and the EMIs are
received and realized by the Lenders on the applicable maturity dates or other Due Dates.
b. The Lenders shall not be required to give any notice, reminder, or intimation to the Borrower regarding their
obligation in respect of payment of Outstanding Amount by Borrower and it shall be the Borrower’s responsibility
to ensure prompt and regular payments to the Lenders.
c. Any delay or default in payment of EMI, besides constituting an Event of Default, shall render the Borrower liable
to pay to Lenders, the Late Payment Fee and applicable Penal Interest as defined in this Agreement.
d. Notwithstanding anything contained in the Transaction Documents, upon any default by the Borrower in payment
of EMI on the Due Date or any non-realization of the EMI on the Due Date by the Lenders, the Lenders shall be
entitled, without prejudice to its other rights under the Terms & Conditions, or under law, to present and/or
represent the ECS/NACH, if any, issued by the Borrower in favour of the Lenders.
f. The Borrower hereby agrees, confirms, and undertakes to replenish/ renew the Repayment mode/ mandate
(NACH or electronic funds transfer) after the NACH mandate provided by the Borrower expires, and further
agrees and undertakes to not cancel or issue stop-payment instructions with respect to the Electronic Clearing
System (Debit Clearing) or the National Automated Clearing House (NACH) mandates for so long as the Loan
(or any part of the Borrower Outstanding Amount) is outstanding. In the event of failure by the Borrower to make
payment of any part of the Outstanding Amount, NACH/ cheques can be invoked anytime without prior intimation
to the Borrower and the Borrower further agrees and undertakes to submit new set of NACH documents for the
repayment and promptly replace the mandates, other documents executed for payment of EMIs and issue fresh
mandates, and/or other documents in lieu thereof to the satisfaction of Lenders, as and when called upon to do
so by the Lenders at their sole discretion. In case the Borrower does not replenish/ renew the repayment mode
on time, Late Payment Fee and Penal Interest as mentioned in the Schedule A hereto shall be levied on the
Borrower.
g. The Borrower hereby undertakes to pay, in addition to the EMI or any other sums due hereunder, all duties, taxes,
costs, imposts and statutory levies and such other charges that may be imposed by the Government or statutory
authorities from time to time pertaining to or in connection with all sums due under this Agreement.
2.4.4. BPI Clause : The Borrower hereby confirms that as per the sanctioned terms, Lenders shall have the right
to charge and collect broken period interest as per their internal policies.
2.5. Revisions to Repayment Schedule : The Borrower may by issuing an email to [email protected], request a change
in the period for repayment of the Loan Amount. The Lenders may, at their sole discretion, agree to such a request
and in such event, a revised repayment schedule will be generated and incorporated into Clause 5 (Repayment
Schedule) of Schedule A. Once the Borrower has made such a request his/her/their/its approval for the
amendment to Schedule A to capture this request is deemed to have been obtained. Notwithstanding this clause,
the Lenders may, with intimation to the Borrower, review and reschedule the repayment terms of the Loan Amount
or of the Outstanding Amount thereof.
2.6 (a) - Prepayment - In the event any part prepayment of the Loan is permitted by Lenders, the Repayment
Schedule/amount of EMI(s) shall be amended by Lenders and the Borrower shall thereafter make payment of
the EMIs as per such amended schedule. Any such prepayment shall take effect only after such prepayment
have been cleared in favour of Lenders’ account and also, payment of pre-payment charges as specified in the
Key Fact Statement to this Agreement.
2.6 (b)(i) Foreclosure of Loan after the cooling off period:If the Borrower exits a loan after 3 (three) days of
execution of this Agreement, the Borrower can foreclose the loan, in the manner set out in this Clause. For
foreclosing the loan, the Borrower shall pay the outstanding principal amount together with interest payable on
the date the customer makes a request for foreclosure of loan (the payment made by the Borrower for
foreclosing the loan will be referred to as the “Foreclosure Payment”). The closure of the Borrower’s loan
account shall be effective on date the Foreclosure Payment has been received by the Lenders (the date of
receipt of Foreclosure Payment by the Lenders will be referred to as the “Foreclosure Payment Date”).
2.6 (b)(ii) Effect of Foreclosure:The updated status of the Borrower’s loan account upon foreclosure shall be
reflected only on the Foreclosure Payment Date. As a result, the Borrower’s account status will be updated with
the credit information companies by the Lenders on the Foreclosure Payment Date. The Borrower may
download the loan account statement upon making the Foreclosure Payment from the Navi App or contact
[email protected] for the loan account statement. The Borrower shall be eligible for a No-due certificate only on
the Foreclosure Payment Date.
Delay in EMI Payment - Days Past Due Date Total EMI Penalty Charges (inclusive of GST)
1st day after due date 10% of EMI amount
8th day of due date 15% of EMI amount
15th day of due date 20% of EMI amount
22nd day of due date 25% of EMI amount
It is hereby clarified that EMI penalty charges shall be applicable per instance of delayed EMI payment per
month, per the slabs and corresponding period of default mentioned above.
2.8. Enforcement Costs : The Lenders shall have right to levy / debit the amounts of all costs and expenses
(including legal fees) actually incurred by the Lenders, in connection with enforcement or preservation of any of
its rights under this Agreement on / from the Loan account and such amount shall be added in the Outstanding
Amount payable by the Borrower.
2.9. Order of Payment : The amounts paid by the Borrower shall be used to settle
2.10. Use of Loan Amount : The Borrower hereby covenants that he or she shall not use the Loan Amount for any
activities set out in Schedule B.
2.11. Ranking : The Borrower’s payment obligation under this Agreement are at least pari passu with all claims of
his or her other unsecured creditors.
3. Condfidentiality
3.1. The Lenders shall exercise care while handling any confidential information. However, the Borrower
acknowledges and accepts that the Lenders shall be entitled to disclose information (i) to the Lenders’ affiliates,
(ii) to prospective transferees or purchasers of any interest in the Loan, (iii) as required by law or any government
order or direction including disclosure as maybe necessary to perform or fulfill any requirement specified by the
regulatory authorities, including the RBI, (iv) as deemed necessary by the Lenders while exercising its remedies
under the Transaction Documents.
3.2. The Lenders shall also be entitled to disclosure without any notice to the Borrower all or any information/
documents or the data including but not limited (a) information and data relating to the Borrower; (b) the
information or data relating to the Loan; (c) default, if any, committed by the Borrower, for protecting its own
interests to Income Tax authorities, Credit Rating Agencies or any other Government or any other regulatory
authorities/bodies/ departments/authorities as and when so demanded.
3.3. The Borrower shall be solely responsible and liable to ensure that the use of name, password, and
credentials (collectively “Confidential Details”) for securely accessing the Navi App and Cash Loan App, are kept
confidential and not disclosed to any third party. Further the Borrower shall take all possible care to prevent
discovery of such Confidential Details by any person, failing which the Lenders shall not be liable for any loss/
damage arising as a consequence thereof.
4. Borrower's Obligations
4.1. Provide Information : The Borrower must always provide accurate, true and complete information to the
Lender. The Borrower shall provide any additional information that the Lenders reasonably requests from the
Borrower. The Borrower shall not conceal any information that may alter the Lender’s decision regarding
disbursal of the loan to the Borrower.
4.2. End use: in addition to clause 2.10, the Borrower shall ensure that no part of the Loan shall be utilized for any
illegal purposes and/or immoral activities, gambling, lottery, races and activities speculative in nature and/or
4.3. Change in Information : The Borrower shall inform the Lenders of any changes in the Borrower’s residence
address, phone number, permanent address, employment status or organization structural changes relating to
the Borrower’s job profile within 3 (three) days of such change taking place. All such information shall be
provided to the Lenders through an email to [email protected].
4.4. Bank Closure : The Borrower shall not close or cause to be closed the Bank Account prior to repayment of
all sums due under this Agreement. In case such Bank Account is closed, then the Borrower must substitute all
repayment instructions in favor of a new bank account as per the instructions and to the satisfaction of the
Lender. Any breach of this Clause 4.4 (Bank Closure) shall be regarded as a material breach of this Agreement.
4.5. Timely Repayment : The Borrower shall ensure that all amounts payable to the Lenders are repaid in
accordance with this Agreement.
4.6. Navi App and Cash Loan App : The Borrower shall not uninstall the Navi App and/or Cash Loan App from
their mobile device unless and until the Borrower has discharged the Borrower’s entire obligations as provided
under this Agreement. Notwithstanding the above, uninstalling the Navi App and/ or Cash Loan App does not
discharge the Borrower from any of his/her obligations as provided under this Agreement.
4.7. Alteration or Cancelation of Auto-Debit Instructions : The Borrower shall not alter or cancel the auto-debit
instructions provided as per Clause 2.4.3 (Repayment Process) without the Lender’s prior written approval. Any
breach of this Clause 4.7 (Alteration or Cancelation of Auto-Debit Instructions) shall be regarded as a material
breach of this Agreement.
4.8. Notification of an Event of Default : The Borrower shall notify the Lenders of any Event of Default under
Clause 7 of this Agreement, including but not limited to any events having a Material Adverse Effect (and the
steps, if any, being taken to remedy it) promptly upon becoming aware of its occurrence.
5. Lender’s Rights
5.1. The Lender1 shall be the primary point of interface for you, irrespective of a portion of theLoan Amount being
availed from Lender2.
5.2. The Borrower grants consent to the Lenders to collect information and data about the Borrower as provided
in the Navi Terms of Use and Navi Privacy Policies and Privacy Policy of Partner FI. This includes (but is not
limited to) the Borrower’s credit history information, Aadhar details, and banking information. The Lenders hereby
confirm that the information collected about the Borrower shall be shared with third parties only in accordance
with the Navi Privacy Policies and Partner FI Privacy Policy and the terms of this Agreement. The Lenders shall
collect, store, process and utilise the information and data collected about the Borrower as per the Navi Terms
of Use and Navi Privacy Policies and Partner FI Privacy Policy (which are in accordance with the applicable Laws,
including Information Technology (Reasonable security practices and procedures and sensitive personal data or
information) Rules, 2011.)
5.3. The Borrower authorizes the Lenders to make checks and inquire relating to information provided by the
Borrower in the course of application for Loan which the Lenders consider necessary, including from the banks
where the Borrower hold bank accounts. The Borrower authorizes the Lenders to procure Borrower’s PAN
number or copy of PAN Card, other identity proof and Bank Account details from time to time, exchange, part
with/share all information relating to my loan details and repayment history with other banks/financial institutions
/CIBIL/CRIF/Credit Information Companies, etc. and periodically obtain / generate CIBIL, CRIF, Experian, Hunter
and any other credit reports as may be required and shall not hold the Lenders liable for use of this information.
The Borrower agrees and accepts that the Lenders may in its sole discretion, by itself or through authorised
persons, advocate, agencies, bureau, etc. verify any information given, check credit references, employment
details and obtain credit reports to determine creditworthiness from time to time.
5.4. The Borrower hereby provides his or her consent to any information collected from the Borrower that is not
KYC related, being shared by the Lender’s with its affiliated concerns (including Navi) whose products and/or
services the Lenders feels may benefit the Borrower.
5.5. .The Borrower hereby provides his or her consent to each Lenders to access any information received
pertaining to the loan and/or the operation or financial conditions of the Borrower.
5.6. The Borrower hereby agrees that the Lenders shall be entitled to disclose any and all data/information
relating to the Borrower, loans availed or sought to be availed by the Borrower including defaults in the
5.7. The Borrower hereby agrees that in case the Borrower commits a default in repayment of any amounts due
under this Agreement, the Lenders and/or RBI will have an unqualified right to disclose or publish the details of
the default and the name of the Borrower, as defaulters, in such manner and through such medium as the Lender
and/or RBI in their absolute discretion deem fit.
5.8. The Borrower hereby agrees that if the Borrower commits a default in repayment of any amounts due under
this Agreement, the Lenders may initiate skip tracing activities either directly or through agencies or its
authorised agents to enable recovery of delayed payments. Skip tracing is a method of determining the
whereabouts of the Borrower and verifying information pertaining to the Borrower by, for illustration, accessing
public records.
5.9. The Borrower agrees that in case the Borrower commits a default in repayment of any amounts due under
this Agreement, the Lenders, directly or indirectly, have an unqualified right to block the redemption of any digital
gold units held by such Borrower on the Navi App till such amounts are repaid.
5.10. Notwithstanding anything to the contrary, the Lenders may, at any time, without assigning any reason,
cancel the undisbursed portion of the Loan and can also recall any or all portion of the disbursed Loan on
demand. Upon such recall, the Loan and other amounts stipulated by Lenders shall be payable forthwith.
5.11. The Borrower agrees that in case the Borrower commits a default in repayment of any amounts due under
this Agreement, the Lenders, directly or indirectly, has an unqualified right to block the redemption of any digital
gold units held by such Borrower on Navi App till such amounts are repaid.
6.1. he or she is legally competent to and permitted to enter into and execute this Agreement and perform the
obligations provided hereunder;
6.2. he or she does not have any criminal proceedings charged against them;
6.3. he or she is solvent and has the financial wherewithal to service the applicable obligations provided in this
Agreement;
6.4. he or she has not been declared insolvent and has not been made the subject of an insolvency proceeding
and shall not be named in such proceedings in the foreseeable future;
6.5. he or she has provided true and accurate information to the Lenders as part of the Borrower’s loan
application, including the PAN, bank account details, residential and contact information, and any other
information requested by the Lenders on the Cash Loan App or otherwise;
6.6. he or she has fully read and understood this Agreement and the Navi Terms of Use,and the Navi Privacy
Policies.
6.7. neither the borrowing of the loan, the performance of the terms and conditions provided under this
Agreement nor entering into this Agreement shall amount to a violation of any applicable laws or contractual
obligations of the Borrower.
6.8. he or she is not a Politically Exposed Person. Politically Exposed Persons are individuals who are or have
been entrusted with prominent public functions in a foreign country e.g., Heads of States or of Governments,
senior politicians, senior government/ judicial/ military officers, senior executives of state-owned corporations,
important political party officials, etc. and the term shall be deemed to include relatives or close associates (i.e.,
advisors, secretaries etc.) of such persons.
6.9. His or her annual household income is more than Rs. 3,00,000 (Rupees Three Lakhs). For this purpose, the
term ‘household’ shall mean an individual family unit, i.e. husband, wife and their unmarried children who are
above the age of 18 years.
6.10. The Borrower shall give repayment instrument for the complete repayment of the Loan being fully aware of
the fact that dishonor of any repayment instrument is a criminal offence under the Negotiable Instruments Act,
1881/The Payment and Settlements Act, 2007, as may be applicable. No notice reminder or intimation will be
6.11. The Borrower shall at all times abide by the laws in India, and in particular, provisions of the Prevention of
Money Laundering Act, 2002. The Borrower’s obligations under the Transaction Documents are valid, binding,
and enforceable.
The Lenders shall be entitled to appropriate/adjust Outstanding Amounts under this Agreement against any of
the security or securities of the Borrower lying with the Lenders or that may subsequently come into the
possession of the Lenders from time to time or at any time.
7.1. An Event of Default shall be deemed to have occurred under this Agreement, if:
a. Default in or non-payment of Outstanding Amount or EMI due in full or any other dues under this Agreement, on or
before the Due Date as provided in this Agreement.
b. Non-performance of any covenant, conditions, or the Agreement on the part of the Borrower under this Agreement
or Transaction Documents executed in favour of Lenders in respect of this Loan.
c. Any information given by the Borrower or financials provided to Lenders, and/or any other document/ certificate/
receipt/statement, to Lenders for financial assistance is found to be misleading, inaccurate or incorrect in any
material respect or any warranty referred to in Borrower’s Representations and Warranties is found to be incorrect.
d. Cross Default: The Borrower defaults in payment of, or commits any event of default under any other loan availed by
it from the Lenders, or any encumbrance over any of its assets becomes enforceable, or any other Lenders of the
Borrower for any reason becomes entitled to accelerate debts due under its loan, or to cancel or suspend its
commitments. If there is a reasonable apprehension that the Borrower is unable to pay his/her/their other debts.
e. If the Borrower becomes the bankrupt and insolvent or;
f. Dishonour of any payment instructions provided under this Agreement/any instruction given by the Borrower for
stopping payment of any mode under this Agreement or instructions to the Lenders not to present any NACH
mandate or cancellation of NACH mandate.
g. The performance of this Agreement has become frustrated or impossible because of an act of law or government.
h. Occurrence of any Material Adverse Event in the sole opinion of the Lenders.
a. If any Event of Default occurs, then the entire Outstanding Amount shall become due and payable forthwith to the
Lenders and the Lenders shall be entitled to accelerate, enforce and recover the Loan with interest, Late Payment
fee, Penal Interest and all other amounts due and payable under this Agreements
b. Notwithstanding anything to the contrary in this Agreement, Lenders’ right to recall the Loan shall be without
prejudice and in addition to the right to charge Late Payment Fee and/or Penal Interest and/or Bounce Fee.
c. Upon the occurrence of anyone or more of the Events of Default, the Lenders through its officers, agents, attorneys,
nominees etc. shall have the right (without prejudice to any other rights under this Agreement) to take anyone or
more than one of the following actions without specific intervention of the Court or any Court order:
a. Charge Late Payment Fee/Penal Interest.
b. any other applicable charges including Bounce Fee or charges levied by the banks or government authority.
c. Without prejudice to the aforesaid right, Lenders may take recourse to any other remedy as provided in Law, and/or
as may be deemed fit by Lenders.
d. In case of default or potential Event of Default by the Borrower, without prejudice to the rights of the Lenders shall
be entitled to communicate to/with any person(s) with a view to receive assistance of such person(s) in recovering
the defaulted amount.
d. All costs including legal cost/lawyer’s fees incurred by Lenders after an Event of Default has occurred in connection
with preservation of the Borrower’s assets and/or collection of amounts due under this Agreements may be charged
to the Borrower and be reimbursed to Lenders by Borrower, as Lenders shall specify.
8. Limitation of Liability
The Lenders shall not be liable for any incidental costs, losses or damages suffered by the Borrower at any time
whatsoever.
9.1. The Borrower may register a complaint with the Lenders with respect to the loan, by way of e-mail to
[email protected] or [email protected] or by way of a complaint registered with the call centre at (+91)
8147544555 or by way of filing a direct written complaint addressed to Mohammed Jaffer Sadiq, Customer
Grievance Redressal Officer, Navi Finserv Limited, 2nd Floor, Vaishnavi Tech Square, Iballur Village, Taluk, Bagalur,
Begur, Bengaluru, Karnataka 560102 [email protected]
9.2. The Lender1 shall within 30 days, resolve the complaint, failing which the Borrower would have the option to
escalate the same with the concerned Banking Ombudsman/ Ombudsman for NBFCs or the Customer Education
and Protection Cell (CEPC) in RBI. Further, the Lender1 shall ensure they have a nodal grievance redressal officer
to deal with any complaints arising in relation to Navi, Navi App and Cash Loan App.
10. Remedies
10.1. The Borrower acknowledges that this Agreement is a binding and legally enforceable loan agreement.
Consequently, the Borrower further acknowledges that in the event it breaches this Agreement, the Lenders have
the right to jointly or severally seek legal recourse against the Borrower to recover any sums payable by the
Borrower.
10.2. The Borrower admits, and acknowledges that any Statement/Certificate provided by Lenders showing the
amount due and payable by the Borrower in respect of the Loan shall be conclusive proof of such amounts due
and payable by the Borrower, shall be binding on the Borrower and the Borrower shall not question, dispute the
authenticity of the same.
11. Miscellaneous
11.1. Notification : The Lenders shall notify the Borrower of any relevant information pertaining to this Agreement
(such as acknowledgment of receipt, interest charges, outstanding amounts etc.) in the manner provided in the
Navi Terms of Use and Navi Privacy Policies. The Borrower may reach out to the Lenders via the Navi App or write
to us at [email protected].
11.2. Disputes : Notwithstanding anything to the contrary contained herein, any dispute, controversy and / or claim
arising out of and / or relating to this engagement, including but not limited to its performance, construction,
interpretation, meaning, scope, operation, effect and / or validity thereof (“Dispute”), shall be adjudicate by
arbitration, administered electronically and/or as chosen by the party initiating the arbitration when a dispute
arises, by either one of the following arbitration institutions:
and in accordance with its Dispute Resolution Rules (“Rules”) under the Arbitration and Conciliation Act, 1996 as
amended from time to time and the rules made thereunder. The parties agree that the arbitration shall be before a
sole arbitrator appointed by the above referred Arbitration Institutions. . The juridical seat of arbitration shall be
Mumbai, India. The language of arbitration shall be English. The law governing the arbitration proceedings shall be
Indian law. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless
otherwise stated in the award. The arbitration will be conducted as per the fast-track procedure set out under the
respective Rules of the institution. The decision of the arbitrator shall be final and binding on the parties.
Subject to the above, the competent courts at the seat shall have exclusive jurisdiction and this Agreement and
any action relating thereto will be governed by the Indian laws. It is clarified that any disputes between the Parties
in relation to or arising out of this Agreement shall not affect the Borrower’s obligation to repay any amounts due
under this Agreement.
11.3. Assignment : The Borrower shall not assign or transfer any right or obligation that has accrued to him/her
under this Agreement and any attempt by the Borrower to assign or transfer such rights and obligations shall be
null and void. The Lenders may assign or transfer any right or obligations that accrued in its favour, at its sole
discretion, without any restriction.
11.5. Survival : The Borrower acknowledges that the representations, undertakings, and warranties and the clauses
relating to indemnities, enforcement costs, limitation of liability, repayment of loan, remedies, governing law and
arbitration and these general provisions shall survive the efflux of time and the termination of this Agreement.
11.6. Severability : If any provision of this Agreement is held illegal or unenforceable, the legality and enforceability
of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
11.7. Changes or Modification by the Lender : The Lenders shall inform You of any changes to the conditions under
the Loan Agreement (including but not limited to changes to the interest rate, charges, method of levy of interest
rate or charges, penal interest or charges, default interest or charges, etc.). These changes shall be notified by the
Lenders to You in the manner provided in the Navi Terms of Use and Navi Privacy Policies. The Lenders shall
provide adequate prior intimation of such changes. The Borrower may reach out to the Lenders via [email protected]
for any clarifications pursuant to such changes being intimated.
11.8. Account Classification: : In the event the Borrower fails to pay EMI on or before the respective Due Dates, and
charges (if any) as and when it falls due under this Agreement, the Lenders shall have the right to classify the Loan
and/or the Borrower as a special mention account (“SMA”) or non-performing account (“NPA”) or under such other
category as per applicable law. The basis for classification of SMA and NPA categories and the example for the
same are provided in the Schedule C.
Digitally Accepted by
(Borrower)
Navi Finserv Limited
(For and on behalf of the Lenders)
4. EMI Penalty Charges : EMI Penalty Charges (inclusive of GST) as per the below slabs for each period of
delayed payment shall be levied on each overdue installment of EMI amount during the period when each
EMI installment is overdue.
This EMI Penalty Charges shall accrue and be levied on the first, eight, fifteenth and twenty-second day of
delay as per the slabs mentioned below:
Delay in EMI Payment - Days Past Due Date Total EMI Penalty Charges (inclusive of GST)
1st day after due date 10% of EMI amount
8th day of due date 15% of EMI amount
15th day of due date 20% of EMI amount
22nd day of due date 25% of EMI amount
It is hereby clarified that EMI penalty charges shall be applicable per instance of delayed EMI payment per
month, per the slabs and corresponding period of default mentioned above.
5. Repayment Schedule: : The Borrower will repay the Loan Amount and Interest payable in the following manner:
6. Bank Account Details: The Lenders shall disburse the Loan Amount to the bank account with the following
details:
IFSC: HDFC0003522
1. Adult goods and services which includes pornography and other sexually suggestive materials (including
literature, imagery and other media); escort or prostitution services; Website access and/or Website memberships
of pornography or illegal sites.
2. Sale of alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
3. Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages
(spam).
4. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for
free.
6. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright
protection.
7. Illegal sale of copyrighted media which includes unauthorized copies of books, music, movies, and other licensed
or protected materials.
8. Illegal sale of copyrighted software which includes unauthorized copies of software, video games and other
licensed or protected materials, including OEM or bundled software.
9. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a
celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and
other potentially unauthorized goods.
10. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like
salvia and magic mushrooms.
11. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
12. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger
of extinction.
13. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites,
and related content.
14. Illegal sale or purchase of Government IDs or documents which includes fake IDs, passports, diplomas, and
noble titles.
15. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling
illegal access to software, servers, website, or other protected property.
16. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
17. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
18. Offensive goods which includes literature, products or other materials that:
(a) defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or
other factors; and/or
19. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated
with criminals.
20. Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives and related
goods; toxic, flammable, and radioactive materials and substances.
21. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/
23. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
24. Purchase or sale of Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal
changers, and related products.
25. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
27. Live animals or hides/skins/teeth, nails and other parts etc. of animals.
33. Any services that has the potential of casting the Lenders and/or Navi in a poor light and/or that may be prone
to buy & deny attitude of the consumers when billed (e.g. Adult material/ Mature content/Escort services/ friend
finders) and thus leading to chargeback and fraud losses;
34. Businesses or website that operate within the scope of laws which are not absolutely clear or are ambiguous in
nature (e.g. web-based telephony, website that promise online matchmaking).
36. Virtual currency, cryptocurrency, prohibited investments for commercial gain or credits that can be monetized,
re-sold or converted to physical or digital goods or services or otherwise exit the virtual world.
Classification as SMA or NPA is done as part of day-end process for the relevant date and the SMA or NPA
classification date shall be the calendar date for which the day end process is run by the Lenders.
For example, if the Due Date of a Loan account is March 31, 2022, and full dues are not received before the Lenders
run the day-end process for this date, the date of overdue shall be March 31, 2022.
i. If the Loan continues to remain overdue, then the Loan shall get tagged as SMA-1 as on April 30, 2022 i.e. upon
completion of 30 days of being continuously overdue.
ii. Similarly, if the Loan continues to remain overdue, it shall get tagged as SMA- 2 as on May 30, 2022 and if it
continues to remain overdue further it shall get classified as NPA upon running day-end process on June 29, 2022.
We have summarized the key terms of the User Loan Agreement for your convenience here. However, please note
that this summary is not part of the User Loan Agreement and you must read the entire agreement below before
clicking the “I Agree” tab:
Sr.
Parameter Details
No
Loan amount (amount disbursed/to be disbursed to
(i) 35000
the borrower) (in Rupees)
Total interest charge during the entire tenor of the
(ii) 5745.59
loan (in Rupees)
(iii) Other up-front charges (in Rupees) 0.000000
(a) Processing fees (Including GST) (in Rupees) 0.000000
(b) Insurance charges (in Rupees) Nil
(c) Other (in Rupees) Nil
(iv) Net disbursed amount ((i)-(iii)) (in Rupees) 35000.000000
Total amount to be paid by the borrower (sum of (i),
(v) 40745.590000
(ii) and (iii)) (in Rupees)
Annual Percentage Rate - Effective annualized
interest rate (in percentage) (computed on net
(vi) 35.00
disbursed amount using IRR approach and reducing
balance method)
(vii) Annual Rate of Interest 35.00
(viii) Tenor of the Loan (in months) 14 Months
(ix) Repayment frequency by the borrower Monthly
Number of instalments of repayment (EMI) Detailed
(x) Repayment Schedule is available in Schedule A of 14
the Loan Agreement
(xi) Amount of each instalment of repayment (in Rupees) 3100.00
Details about Contingent Charges
EMI Penalty Charge (inclusive of GST) shall be
levied for default in payment of each EMI amount,
per instance, as per the below slabs for each
period of delayed payment:
1. Minimum Annual Household Income: The Borrower hereby represents and warrants to the Lender that the
Borrower’s annual household income is more than Rs. 3,00,000 (Rupees Three Lakhs). For this purpose, the term
‘household’ shall mean an individual family unit, i.e. husband, wife and their unmarried children who are above the
age of 18 years.
2. Communication of Changes by You: You must inform the Lender of any changes to your contact details, banking
details, AADHAAR and PAN Information immediately.
3. Communication of Changes by the Lender: The Lender shall inform You of any changes to the conditions under
the Loan Agreement (including changes to the interest rate, charges, method of levy of interest rate/ charges, penal
interest/ charges, default interest/ charges, etc.). These changes shall be notified by the Lender in the manner
provided in the NTL Terms of Use and NTL Privacy Policy, NFS Terms of Use and/or NFS Privacy Policy (defined
below). The Borrower may reach out to the Lender via [email protected]
4. Auto-Debit: You will issue appropriate auto-debit instructions for your Bank Account to repay the EMIs, prior to
disbursal of Loan Amount. These cannot be changed or cancelled during the term of the loan. If you modify or
cancel these instructions, then all amounts due will be immediately payable.
5. Dispute Resolution: Any disputes arising out of or related to the Agreement shall be resolved in the manner set
out in Clause 8.3 below.
6. Terms of Use and Privacy Policy: The (i) Terms of Use and Privacy Policy on the mobile application which is made
available by Navi Technologies Limited (formerly known as Navi Technologies Private Limited) (hereinafter referred
as the "NTL Terms of Use" and "NTL Privacy Policy" respsectively) and the (ii) Terms of Use and Privacy Policy on
the cash loan application which is made available by Navi Finserv Limited (formerly known as Navi Finserv Private
Limited) (hereinafter referred as the “NFS Terms of Use” and “NFS Privacy Policy” respectively) govern the manner
in which you may avail, use and repay the loan amount. The NTL Terms of Use and the NTL Privacy Policy are
THIS ADDENDUM to the LOAN AGREEMENT (“Addendum”) is made on this 23rd JULY
2024 (“Effective Date”), by and between Navi Finserv Limited (“Lender”), KISETSU SAISON
FINANCE (INDIA) PRIVATE LIMITED (“Partner FI”) and you (“you”, “your” or “Borrower”).
The Lender and the Partner FI are hereinafter collectively referred to as the “Co-Lenders”.
The Lender, the Partner FI and the Borrower are hereinafter collectively referred to as the
"Parties" and individually as a "Party".
BACKGROUND:
1. This Addendum is in relation to the loan agreement dated 23rd JULY 2024 executed by and
between the Borrower and the Co-Lenders (hereinafter referred to as the “Loan Agreement”),
wherein the Borrower has availed a personal loan aggregating to INR 35000.
2. Pursuant to the request letter dated 23rd JULY 2024, the Borrower has requested for the transfer
of balance exposure owed to the Co-Lenders, to the Lender for the reasons captured therein.
3. Pursuant to the mutual discussion between the Co-Lenders, the Parties have agreed for transfer
of rights, duties, interests and obligations of the Partner FI to the Lender.
4. The Parties hereby agree to enter into this Addendum on the following terms and conditions.
THE PARTIES HEREBY AGREE AS FOLLOWS ON AND FROM THE EFFECTIVE DATE:
1. The Partner FI is released and discharged from further obligations to the Borrower with respect
to the Loan Agreement and their respective rights thereunder are hereby transferred to the
Lender.
2. Amendments:
1. All references to “Lender 2” and “Lenders” in the Loan Agreement shall hereinafter refer to Navi
Finserv Limited in its capacity as the sole lender to you.
“9.1. The Borrower may register a complaint with the Lender with respect to the loan,
by way of e-mail to [email protected] or by way of a complaint registered with the call
centre at 022- 69181439; or by way of filing a direct written complaint addressed to
- Name: Mohammed Jaffer Sadiq Designation – Customer Support Manager Address – Navi Finserv Limited
, 2nd Floor, Vaishnavi Tech Square, Iballur Village, Begur Hobli Bangalore, South Bangalore KA 560102 IN
Email –[email protected]
3. The Borrower hereby reconfirms the (i) Borrower’s Obligations; and (ii) Representations and
Warranties captured under the Loan Agreement, as on date hereof.
4. All other terms and conditions of the Loan Agreement shall remain unchanged and shall apply
mutatis mutandis.
Digitally Accepted by
(Borrower)
(For and on behalf of the Lenders)
4. EMI Penalty Charges : EMI Penalty Charges (inclusive of GST) as per the below slabs for
each period of delayed payment shall be levied on each overdue installment of EMI amount
during the period when each EMI installment is overdue.
This EMI Penalty Charges shall accrue and be levied on the first, eight, fifteenth and twenty-
second day of delay as per the slabs mentioned below:
It is hereby clarified that EMI penalty charges shall be applicable per instance of delayed
EMI payment per month, per the slabs and corresponding period of default mentioned
above.
5. Repayment Schedule: The Borrower will repay the Loan Amount and Interest payable in the
following manner:
For the avoidance of any doubt, it is hereby clarified that the Amounts Payable column
above has been populated assuming that no additional fees or charges as per the
Agreement have been added to the respective EMI. It is clarified that any fees or
charges payable as per the terms of the Agreement, shall accrue and be a component
of the corresponding month’s (or any succeeding month’s) EMI payment.
6. Bank Account Details: The Lender have disbursed the Loan Amount to the bank account with
the following details: