Loan Agreement

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Terms and Conditions - Loan Facility

1. The Borrower or “You”, has or have represented to the Lender that the Borrower is in need of
credit facility from the Lender.

2. The Lender has agreed to grant the said credit facility for an amount specified in the Sanction
Letter (“Facility/Loan”), the Most Important Terms and Conditions (“MITC”, as set out in
Annexure A herein) on the terms and conditions contained herein, and the Master Terms and
Conditions registered as Document No. 8980-2018 on November 6, 2018 with the Sub-Registrar at
Mumbai City - 3 (hereinafter severally referred to as “Master T&Cs”).

3. The Lender has agreed to extend the Facility to the Borrower, on the faith of the undertakings,
representation and warranties made by the Borrower herein.

1. Definitions and Interpretation:

1. The capitalised terms wherever used in these Terms and Conditions, unless the context otherwise
requires, have the meanings ascribed to them in the Master T&Cs.

2. The rules of interpretation as set out in the Master T&Cs shall apply mutatis mutandis to these
Terms and Conditions.

2. Platform

1. The Facility is facilitated through the technology platform https://zestmoney.in/. (“Platform”)


owned by Camden Town Technologies Private Limited (“ZestMoney”). These Terms and
Conditions are effective as of the 20-02-2022 and shall be valid and remain in force till such time
that all amounts payable under the Facility Documents is repaid in full to the Lender.

2. A technology usage charge of INR 0.00 will be charged to the Borrower and will be payable to
ZestMoney along with the amounts due under these Terms and Conditions.

3. The Borrower understands that ZestMoney is facilitating this Loan from the Lender through the
Platform and agrees to pay ZestMoney a Technology Usage Charge along with applicable
government taxes, which may be charged to the Borrower on or before the first Due Date. This
Technology Usage Charge is non-refundable even if the Loan is cancelled by the Borrower and/or
the Merchant.

3. Sanction Letter

The sanction letter issued with reference to the loan application number #A54402007736 for a loan
facility fr (“Sanction Letter”)shall be read with and form an integral part of the Facility
Documents. A copy of the Sanction Letter has been annexed as Annexure B.

4. Facility

1. The Borrower agrees to borrow and the Lender agrees to grant to the Borrower, the Facility, being
the amount specified in the MITC and on such terms and conditions contained herein and in the
Master T&Cs for the Purpose as mentioned in the Facility Documents.

2. The Borrower shall not be entitled to cancel or refuse to accept Disbursement of the Facility upon
acceptance of these Terms and Conditions except with prior written approval of the Lender.

3.
3. The Borrower acknowledges that the Facility may be disbursed by the Lender to [ CSGDEV
(“Merchant”)/ {Customer’s Account}], and the Borrower acknowledges and confirms that such
payment shall be deemed to be a disbursement of the Facility to the Borrower.

4. Prior to the acceptance of these Terms and Conditions, the Borrower may be required to make a
down-payment of INR 16,155.93(“Down-payment”), as applicable, which shall be paid through
the Platform. The Borrower hereby acknowledges that unless the Down-payment is made, the
Facility may not be made available to the Borrower.

5. The Facility may be availed by the Borrower on or before the expiry of the Availability Period set
out in the MITC. The Lender may, at its discretion, make available the Facility after the expiry of
the Availability Period.

5. Loan Approval

If and when the Lender provisionally approves the Borrower’s loan application, the approval of the
Facility is subject to the terms of the Master T&Cs along with the below:

1. the Lender discovering that the information provided by the Borrower on the Platform was not
inaccurate or deficient in any respect, in such event the Facility shall stand immediately cancelled
and the Borrower shall be liable to return all monies that may have been disbursed to You
immediately;

2. the availability of the Facility is subject to the Lender’s internal credit approval (and subsequent
credit reviews at any time), the limits set out in these Terms and Conditions, availability of funds
and such disbursal being in compliance with the applicable laws and the satisfaction of any
conditions precedent;

3. the submission of such documents as the Lender/ZestMoney may require, including ‘Know Your
Customer’ (“KYC Check”) documents; and

4. disbursal occurring before the expiry of the Availability Period.

6. Repayment and Interest

1. The monthly instalment, being the aggregate of the principal and interest amount payable by the
Borrower is 5,385.94 (“Instalment(s)”).

2. The Instalments and all other Outstandings from time to time with respect to the Facility shall be
paid / repaid by the Borrower on or before the respective Due Dates in accordance with the
Repayment Schedule as set out in Annexure C.

3. Without prejudice to the rights of the Lender under the Facility Documents, the Interest shall be
computed at a fixed rate and shall be payable at such rate as set out in the MITC and the Interest
shall be computed on the actual daily outstanding principal balance of the Facility on the basis of a
360 days’ year and actual number of days elapsed and compounded with monthly rests on the
outstanding balance of the Facility at the end of every calendar month.

4. Notwithstanding anything to the contrary indicated in the Master T&Cs, ZestMoney will collect
payments due from the Borrower on behalf of the Lender on each Due Date by debiting the
Borrower’s bank account which the Borrower has registered with the Lender (“Bank Account”)
through the Platform by obtaining from the Borrower any one or more of the following, as may be
requested by the Lender or its representatives:

1.
1. National Automated Clearing House (NACH) mandate in a form and manner acceptable to
the Lender or its representatives; or

2. Other payment modes like net-banking, debit card via payment gateway as may be
acceptable to the Lender or its representatives.

5. The Borrower hereby agrees, acknowledges and confirms that the Lender, ZestMoney or any
person acting on its behalf, is entitled to and is authorized to debit its Bank Account on each Due
Date for the amount due and payable by the Borrower on such Due Date, without any further
consent, approval or action from the Borrower.

7. Late Payment Fee

If the relevant Instalment is not available for collection by the Lender in full on a Due Date,
the Borrower will be charged a Late Payment Fee as set out in the MITC.The Lender/
ZestMoney may try to debit Your Bank Account at a later stage and on more than one occasion for
all or any part of the Outstanding due along with any other amounts that may be due from the
Borrower.

8. Prepayment

Notwithstanding anything to the contrary contained in Master T&Cs, the Borrower may make an
early repayment in full or in part of the total Outstanding amounts. The Borrower can exercise this
right by giving a written notice to the Lender at [email protected]. The Borrower makes a
prepayment of all amounts due in respect of this Facility after the 15 (fifteenth) day of the calendar
month, the Borrower will be required to pay Interest for the entire month in which the prepayment
is made.

9. Cancellation Charges

1. Where a Loan has been availed for the purposes of purchasing any goods or availing any service
from a Merchant and such good or service has been returned or cancelled by the Borrower and
such return or cancellation is approved by the Merchant, as the case may be (“Cancellation
Event”), then any refund received from the Merchant pursuant to a Cancellation Event shall be
appropriated as follows in the following order:

1. First, towards all amounts outstanding under this Loan, including all the principal, interest,
default interest and any other charges payable in respect of this Loan and such appropriation
will be deemed to be towards prepayment of this Loan, in full or in part, to the extent of
monies received from the Merchant;

2. Second, towards return of the Down-payment, if any, made by the Borrower;

3. Lastly, any additional amounts remaining after appropriating the amounts as per clauses (i)
and (ii) above, shall be returned to the Borrower.

2. For avoidance of doubt, it is hereby clarified that the Lender shall not be liable to refund any
interest amounts paid in respect of the Loan until the occurrence of the Cancellation Event.

3. Any return or cancellation of the goods or service, including the amounts receivable from the
Merchant owing to a Cancellation Event, shall be subject to the terms and conditions of the
Merchant applicable to such goods or service.

4.
4. The Borrower hereby agrees to make the prepayments contemplated in this Clause 8 and comply
with its obligations in respect of this Facility notwithstanding any dispute, disagreement or any
other claim that you may have in respect of the goods of services for which the Loan was availed,
whether against the Merchant or any other person.

10. Costs and Expenses

1. Notwithstanding anything to the contrary contained in the Master T&Cs, the Borrower shall
be liable to pay an EMI Bounce Fee as set out in the MITC, over and above the Late Payment
Fee, if the NACH or similar payment instruction is dishonoured. Dishonour Charges and such
other charges, costs, expenses related to and arising out of the Facility as set out in the MITC. The
Lender in its sole and absolute discretion reserves the right to periodically review, revise, re-
negotiate, waive any such charges or levy any new charges which shall be updated by the Lender
on its website (www.tatacapital.com ) or otherwise intimated to the Borrower. The Borrower shall
be liable to pay such charges without any demur or delay and shall not be entitled to raise any
objections.

2. All payments by the Borrower in respect of this Facility, whether of principal, interest, fees, costs
or other charges must be made in full, without set-off or counterclaim and free and clear of any
deduction or withholding on account of tax or otherwise. If any such deduction is required to be
made under applicable law, the Borrower shall gross up the amounts payable such that the Lender
receives an amounts equal to an amounts that the Lender would have received if no such deduction
was required to be made.

11. Disclosure

The Borrower hereby agree and consent for disclosure and sharing of the information and data and
for being contacted vide various communication modes notwithstanding their names and / or
numbers appearing in the Do Not Call or Do Not Disturb registry, as per the terms and conditions
contained in the Master T&Cs.

12. Lien, Set-off, Cross Default

Any default by the Borrower or by any Affiliate of the Borrower or any entity related to or
connected with the Borrower under any agreement, arrangement, guarantee, and/or under any of its
/their indebtedness (whether actual or contingent, or whether primary or collateral, or whether joint
and/ or several), with the Lender or its subsidiaries/fellow subsidiaries/Affiliates/any other entity
forming part of Tata Group, shall constitute an Event of Default under the Facility and vice-versa.
The Lender, its Affiliates and entities/persons in the Tata Group shall have a paramount lien and
right of set-off on/against all other, present as well as future monies, securities, deposits of any
kind and nature, all other assets and properties belonging to the Borrower’s credit (whether held
singly or jointly with any other person), which are deposited with/under the control of the Lender
its Affiliates and/or entities/persons in the Tata Group pursuant to any contract entered/to be
entered into by the Borrower in any capacity, notwithstanding that such deposits may not be
expressed in the same currency as the indebtedness. The Lender, its Affiliates and entities/persons
in the Tata Group shall be entitled and authorized to exercise such right of lien and set-off against
all such amounts/assets/properties for settlement of any amounts due or liabilities owed to them or
any of them with or without any further notice to any Obligor. In this regard, any discharge given
by the Lender to its Affiliates and/or entities/persons in the Tata Group shall be valid and binding
on the Borrower. It shall be the Borrower’s sole responsibility and liability to settle all disputes
/objections with such joint account holders. If so required, the Lender, its Affiliates and entities
/persons in the Tata Group shall be well within their rights to exercise the right of set-off against
the money lying in the joint account(s) or in any deposit/bond/other assets held jointly, for
settlement of any amounts due or liabilities owed to them or any of them. Further, the Borrower
hereby authorize the Lender to make payments to the Lender’s Affiliates and/or entities/persons in
the Tata Group, for any amounts owed by an Obligor to such Affiliates of the Lender and/or entities
/persons in the Tata Group, out of any excess moneys received/recovered by the Lender from the
Borrower.

13. Use of Personal Information

1. The Borrower agrees and acknowledges that the Lender and ZestMoney are the data controller and
may use data that identifies the Borrower and/or provided by the Borrower to the Lender or
ZestMoney (“Borrower’s Personal Data”) as more fully contained in the Master T&Cs. including
for: statistical analysis; to develop and improve the Lender’s and/or ZestMoney’s products
/services; to update Lender’s and/or ZestMoney’s records; to identify which of Lender’s and/or
ZestMoney’s or others’ products/services might interest the Borrower; to assess lending and
insurance risks; to arrange, underwrite and administer insurance and handle claims; to identify,
prevent, detect or tackle fraud, money laundering and other crime; to carry out regulatory checks;
keeping the Borrower informed about the Facility, for market research; and in the products and
services which the Lender and/or ZestMoney offer to third parties.

2. The Borrower hereby specifically grants its consent to the Lender and to ZestMoney to collect the
Borrower’s Personal Data for the purposes set out in these Terms and Conditions and Master
T&Cs.

3. The Lender and/or ZestMoney will keep Your Personal Data confidential and only use it or give it
to others for the purposes explained above and as set out in the Lender’s privacy policy located at
www.tatacapital.com and ZestMoney’s privacy policy located at www.zestmoney.in/privacy. The
Borrower grants its consent to the Lender’s and ZestMoney’s privacy policy.

14. Grievance Redressal Mechanism

It is the Lender’s constant endeavour to provide the Borrower with the best possible service and
care. In case of any grievances in relation to this Loan, You may write in to
[email protected] or call Us at 1860 267 6060 or visit the grievance redressal section
at https://www.tatacapital.com/contact-us/customer-grievances.html .The Lender is committed to
providing grievance redressal in a timely manner basis the grievance redressal and other policies as
adopted by the Lender and as updated from time to time.

15. Other Conditions

1. The Borrower shall abide by all terms and conditions as specified in the Master T&Cs including
without limitation general and special covenants mentioned therein, which shall form an integral
part of these Terms and Conditions as if incorporated herein. In case of any inconsistency or
repugnancy between the terms of these Terms and Conditions and the Master T&Cs, the terms of
these Terms and Conditions shall prevail.

2. Nothing contained herein shall limit the rights of the Lender to enforce these Terms and Conditions
independently and in exclusion to the Facility Documents.

3. The Borrower hereby state that the Borrower has read and understood the Master T&Cs, a copy of
which is available on the website i.e. www.tatacapital.com, and hereby agree to be bound by the
terms and conditions as contained in the Master T&Cs read with these Terms and Conditions.

4.
4. Notwithstanding anything to the contrary contained in the Facility Documents, the Lender may at
its sole and absolute discretion, without assigning reasons, and without notice to the Borrower,
cancel the Facility or any part thereof and/or demand immediate repayment of all Outstandings
under/in relation to the Facility. The Lender shall intimate the Borrower regarding such
cancellation.

16. Arbitration

If any dispute, difference or claim arises between the Borrower and the Lender in connection with
the Additional Facility or as to the interpretation, validity, implementation or effect of the Facility
Documents or as to the rights and liabilities of the parties under the Facility Documents/ these
Terms and Conditions or alleged breach of the Facility Documents / these Terms and Conditions or
anything done or omitted to be done pursuant to the Facility Documents / these Terms and
Conditions, the same shall be settled by arbitration to be held in Chennai in accordance with the
Arbitration and Conciliation Act, 1996, or any statutory amendments thereto and shall be referred
to a sole arbitrator to be appointed by the Lender. The award of the arbitrator shall be final and
binding on all parties concerned. The arbitration proceedings shall be in English language. Cost of
arbitration shall be borne by the Borrower.

17. Jurisdiction

Subject to Clause 16 above, the Parties hereto agree that all disputes arising out of and/or in
relation to these Terms and Conditions, shall be subject to the exclusive jurisdiction of the courts
/tribunals at Chennai. The Lender may, however, in its absolute discretion commence any legal
action or proceedings arising out of these Terms and Conditions in any other court, tribunal or
other appropriate forum and the Borrower hereby consents to that jurisdiction.

18. Miscellaneous Terms

1. This Terms and Conditions is the Specific Agreement as referred to in the Master T&Cs.

2. The Borrower hereby agree that this is a legally binding document between the Borrower and the
Lender.

Annexure - A
MOST IMPORTANT TERMS AND CONDITIONS
INR. 58,744.07 (Rupees Fifty Eight Thousand Seven Hundred Forty
1 Facility Amount
Four and Paise Seven only) to be disbursed by payment to CSGDEV
Rate of Interest % p.a.
2 18.01% declining per year
(Annualized)
3 Tenor (Months) 12
This loan may be availed by you within 7 (seven) days from the date of
4 Availability Period
acceptance of the standard loan terms .
INR. 16,155.93, this amount will be paid to CSGDEV and does not
5 Down Payment
form a part of the Sanction Amount.
Rs. 250/- for each Repayment Date on which the Installment
6 Late Payment Fee
Amount is not paid in full
7 Repayment Details The principal and interest shall be repaid by paying 5,385.94 /month
for 12 months.
8 Repayment Start Date 05-04-2022
(i) You can make an early repayment of the amounts due under this
loan, in part or in full, at any time.
(ii) ZestMoney may collect amounts payable by you on our behalf
using the National Automated Clearing House mandate or similar
payment mandates provided by you. In addition, ZestMoney may also
9 Other Conditions
charge a fee for facilitating this transaction.
(iii) Non-payment of amounts due on the relevant due dates may have
adverse consequences including: (i) having your details reported to the
credit bureaus; and (ii) suitable legal action as may be necessary to
recover the outstanding amounts.
ANNEXURE B

SANCTION LETTER

Date: 20-02-2022

MUKESH V
Puttappana gudi street, ward-19, Bangalore Rural, Devanahalli, Karnataka, Devanahalli, 562110

Dear Sir / Madam,

Please refer to your loan application #A54402007736 for a loan facility from Tata Capital Financial
Services Limited made through Camden Town Technologies Pvt. Ltd. ("ZestMoney") through
ZestMoney’s technology platform https://zestmoney.in/.

We are happy to provide the credit facility on the following broad Terms & Conditions subject to further
assessments of your loan application in terms of our internal Loan sanctioning policies.

INR. 58,744.07 (Rupees Fifty Eight Thousand Seven Hundred Forty


1 Facility Amount
Four and Paise Seven only) to be disbursed by payment to CSGDEV
Rate of Interest % p.a.
2 18.01% declining per year
(Annualized)
3 Tenor (Months) 12
This loan may be availed by you within 7 (seven) days from the date of
4 Availability Period
acceptance of the standard loan terms .
INR. 16,155.93, this amount will be paid to CSGDEV and does not
5 Down Payment
form a part of the Sanction Amount.
Rs. 250/- for each Repayment Date on which the Installment
6 Late Payment Fee
Amount is not paid in full
The principal and interest shall be repaid by paying 5,385.94/month
7 Repayment Details
for 12 months.
8 Repayment Start Date 05-04-2022
(i) You can make an early repayment of the amounts due under this
loan, in part or in full, at any time.
(ii) ZestMoney may collect amounts payable by you on our behalf
using the National Automated Clearing House mandate or similar
payment mandates provided by you. In addition, ZestMoney may also
9 Other Conditions
charge a fee for facilitating this transaction.
(iii) Non-payment of amounts due on the relevant due dates may have
adverse consequences including: (i) having your details reported to the
credit bureaus; and (ii) suitable legal action as may be necessary to
recover the outstanding amounts.
This offer is valid up to 30 working days from the date of issue.

This Sanction Letter may not be construed as a binding commitment on us to disburse the
abovementioned credit facility, unless you have accepted the standard loan terms in a form and manner
acceptable to us and the conditions for disbursal set out therein are fulfilled to our satisfaction.

Tata Capital Financial Services Limited

This is a system generated document, hence no signature required


Time Stamp: 20-02-2022 11:48:00

Name of Borrower: MUKESH V

Signature of Borrower

By clicking “I accept” You electronically sign and accept these Loan Terms including the Sanction
Letter, MITC,and the Master T&Cs and agree to be legally bound by their terms. Your acceptance of
these Loan Terms shall constitute Your agreement to irrevocably accept and to be unconditionally bound
by all the terms and conditions set out therein and Your acknowledgement and confirmation that this
Agreement (along with the Sanction Letter and the Master T&Cs) have been duly read and

Date: 20-02-2022 11:48:38

IP: 10.0.25.69
ANNEXURE C

REPAYMENT SCHEDULE

The repayment schedule mentioned below:

Due Date Principal Due Interest Due Total Due Balance

05-04-2022 4063.46 1322.48 5385.94 54680.61

05-05-2022 4565.28 820.66 5385.94 50115.33

06-06-2022 4608.72 777.22 5385.94 45506.61

05-07-2022 4725.73 660.21 5385.94 40780.88

05-08-2022 4773.89 612.05 5385.94 36006.99

05-09-2022 4845.54 540.40 5385.94 31161.45

05-10-2022 4918.26 467.68 5385.94 26243.19

05-11-2022 4992.07 393.87 5385.94 21251.12

05-12-2022 5067.00 318.94 5385.94 16184.12

05-01-2023 5143.04 242.90 5385.94 11041.08

06-02-2023 5214.71 171.23 5385.94 5826.37

06-03-2023 5826.37 87.44 5913.81 0.00

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