Loan Agreement
Loan Agreement
Loan Agreement
I hereby request you to grant me Personal Loan based on the following information
Applicant Detail
Gender Nationality
Male Indian
[email protected] +917006828647
Purpose of Loan
Old home renovation
Current Address
-,-,Chandi Marh,Surankote,Punch,Chandi
Marh
Chandi Marh
Jammu and Kashmir - 185121
Monthly Income
27463 Bank Account Details
Bank Name
Company Name
KOTAK MAHINDRA BANK LIMITED
crokery store
Account Number
Work Email ID 3646311592
IFSC Code
KKBK0004446
I
Signed By: GHULAM MUSTAFA
Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
Reason: Loan Agreement Clickwrap sign
Signed On: 2024-09-02 17:23:47.32
No 17/1, The Address Building, Outer Ring Road, Kadubeesanahalli, BangaloreRemark
- 560087 (i)using OTP - 23237
: Signed
https://whizdmfinance.com [email protected] \. 080-45692004
UNDERTAKING
1. The Applicant acknowledges that all capitalized terms not specifically defined under this Undertaking shall have the meaning as
ascribed to it under the General Terms and Conditions of Loan appended to this Undertaking (“Loan Terms”) Applicant hereby has
made an application vide the Application Form on the Moneyview mobile application (brand name for Whizdm Innovations Private
Limited) (“Platform”) for a finance facility mentioned in this application. Applicant declares that all the particulars and information and
details given/filled in this Application Form are true, correct, complete and up-to date in all respects and no information has been
withheld. The Applicant understands that the information given in this Application Form shall form the basis the loan that Whizdm
Finance Private Limited (“Whizdm Finance”) may decide to grant to the Applicant and if at any stage of processing this application, it
comes to the knowledge of Whizdm Finance that, the Applicant has provided any incorrect or incomplete information, fabricated
documents, or fake documents, the same will be treated by Whizdm Finance as having been manipulated by the Applicant and Whizdm
Finance shall have the right to forthwith reject this loan application, cancel / revoke any sanction or further drawdowns or recall any loan
granted at any stage of processing the Application Form, and Whizdm Finance and its employees/ representatives/ agents / service
providers shall not be responsible/liable in any manner whatsoever to the Applicant for such rejection or any delay in notifying the
Applicant of such rejection (including for any payments which may have been made by the Applicant to any vendor/ service provider
prior to cancellation). The Applicant understands that Whizdm Finance will also be procuring personal information from other
sources/agents for such purpose as has been detailed under the privacy policy and the Applicant explicitly provides consent/ have no
objection for the same. The Applicant further confirms that the Applicant is aware of all terms and conditions of availing finance from
Whizdm Finance. The Applicant authorizes Whizdm Finance to make reference and inquire relating to information in this Application
Form which Whizdm Finance considers necessary, including from the banks/ financial institutions/ Transunion CIBIL where the
Applicant holds bank accounts. The Applicant consents to/ authorizes Whizdm Finance to procure the Applicant’s PAN No/copy, other
identity/address proof and bank account details from time to time, exchange, part with/share all information relating to the Applicant’s
loan details and repayment history with other banks/financial institutions etc. and periodically obtain / generate bureau reports and such
other reports as may be required and shall not hold Whizdm Finance liable for use of this information. The Applicant confirms that there
are no criminal or insolvency proceedings against the Applicant.
2. The Applicant declares that the Applicant has not made any payment in cash, bearers’ cheques or by any other mode along with or in
connection with this Application Form to the person collecting the Application Form. The Applicant shall not hold Whizdm Finance or
its employees/representatives/agents/service providers liable for any such payment made by the Applicant to the person collecting this
Application Form.
3. The Applicant hereby confirms that the Applicant would like to be informed through telephonic calls, or SMS on the mobile number
mentioned in the Application Form, or through any other communication mode, transactional information, various loan offer schemes
or loan promotional schemes or any other promotional schemes which may be provided by Whizdm Finance or Moneyview, and hereby
authorize Whizdm Finance/Moneyview and their employee, agent, associate to do so. The Applicant confirms that laws in relation to
the unsolicited communication referred in “National Do Not Call Registry” (the “NDNC Registry”) as laid down by TELECOM
REGULATORY AUTHORITY OF INDIA will not be applicable for such communication/calls/ SMSs received from Whizdm
Finance/Moneyview, its employees, agents and/or associates. The Applicant acknowledges that Whizdm Finance and Moneyview are
independent of each other and Applicant will not have any claim against Whizdm Finance for any loan or other facility arranged/ provided
by Moneyview, which is not sanctioned/ disbursed by Whizdm Finance. The Applicant acknowledges that Whizdm Finance does not
in any manner make any representation, promise, statement or endorsement in respect of any other product or services which may be
provided by Moneyview and will not be responsible or liable in any manner whatsoever for the same.
4. The Applicant understands that the Applicant has an option to give or deny consent for use of personal data, restrict disclosure to third parties,
data retention, revoke the consent already granted to collect personal data and if required, instruct Moneyview to delete/ forget the data, from time
to time, however, the Applicant does hereby expressly and irrevocably authorize Whizdm Finance /Moneyview to collect, store, share,
obtain and authenticate any aspect of the Applicant’s personal information/ KYC either directly or through any of the authorized
agencies and disclose such information to its agents/contractors/service providers and to also use such information in the manner that
may be required by Whizdm Finance/Moneyview, as per the terms detailed in its privacy policy. In this regard, the Applicant expressly
and irrevocably authorizes Whizdm Finance /Moneyview to collect, use, verify and authenticate the Applicant’s personal identity
information/ KYC in any manner as permitted under applicable regulations without any further notice to the Applicant.
5. The Applicant confirms that the Applicant has read and understood and accepted the Loan Terms.
6. The Applicant confirms that the Applicant is not a relative/ related entity of the director or senior officer of Whizdm Finance.
7. Whizdm Finance shall be entitled to take such legal action as it may deem fit upon occurrence of any of the Events of Default as set
out and agreed by the Applicant in the Loan Terms.
8. The Applicant further declares that the Applicant is well versed in the English language or have consulted with an advisor who is
sufficiently proficient in English, so as to allow the Applicant to understand the terms of this undertaking and the Loan Terms and any
other Facility related documents. The Applicant confirms that the Applicant prefers to receive all communications pertaining to the
Facility in English. The Applicant further understands that if the Applicant has received this document or any other document related
to the Facility translated into a language other than English and if the meaning of the translated version is different from the English
version, this version will control the terms of the Facility.
9. The Applicant hereby states that the Applicant am not a citizen of the USA, or any other foreign country and the Applicant is an Indian
citizen by birth/ residence and by naturalization and the Applicant has not previously renounced or been deprived of the citizenship of
India. The Applicant further confirms that the Applicant is not a Politically Exposed Person as defined by the FATF.
10. The Applicant agrees and understands that the insurance and / or any third-party products/ services that are promoted on Platform are
not mandatory for the purpose of processing of this Application Form and disbursement of Facility hereunder. The Applicant
acknowledges that it shall be the Applicant’s sole discretion to avail such insurance and/or any third-party products/ services sourced/
promoted along with the other products on the Platform. If opted for, the Applicant hereby provides consent to Whizdm Finance to
deduct and transfer the relevant amount to insurance company/third party and to adjust any refund / payment against claim (in
whichever manner described) from the insurance company against my Facility outstanding with Whizdm Finance.
11. The Applicant notes and understands that submission of this Application Form does not guarantee a Facility and Whizdm Finance may
at any time request such additional information or documentation as may be required
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Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
Reason: Loan Agreement Clickwrap sign
Signed By: GHULAM MUSTAFA
GENERAL TERMS AND CONDITIONS OF LOAN (“Loan Terms”) for loans by Whizdm Finance Private Limited having its
registered office at No 17/1, The Address Building, Outer Ring Road, Kadubeesanahalli, Bangalore – 560087. (‘Whizdm Finance’
which shall mean and include its successors and assigns)
1. DEFINITIONS
The terms and expressions contained in these Loan Terms and the Loan Application Form are defined as under:
1.1 “Applicable Laws” means and includes any statute, law, regulation, ordinance, rule, judgment, rule of law, order, decree,
clearance, approval, directive, guideline, policy, requirement or other governmental restriction or any similar form of
decision or determination by or any interpretation or administration of any of the foregoing by any statutory or regulatory
authority, whether in effect as of date of these Loan Terms or thereafter and in each case as amended.
1.2 “Application Form” means the application in the prescribed form as submitted from time to time by the Borrower to
Whizdm Finance for seeking financing
1.3 “Borrower” means the borrower as described in the Sanction Letter and/or /Key Fact Sheet “KFS”;
1.4 “Borrower’s Dues” means all sums payable by the Borrower to Whizdm Finance, including outstanding loan amount,
interest, Overdue Charges, all other charges, costs and expenses as may be outstanding from time to time;
1.5 “Business Day” shall mean the day, comprising of normal working hours, on which scheduled banks conduct business
operations in Bangalore, India.
1.6 “Cooling-Off Period” shall mean the period as specified under the KFS;
1.7 “Due Date” means the date on which any amount towards repayment of Borrower’s Dues is due from the Borrower to
Whizdm Finance in accordance with the Repayment Schedule and/ or KFS;
1.8 “EMI” means the equated monthly amount to be paid by the Borrower towards repayment of Term Loan and payment of
interest as per Financing Documents;
1.9 “Facility/Term loan” means the loan amount sanctioned and disbursed to the Borrower by Whizdm Finance pursuant to
the terms and conditions of the Financing documents.
1.10 “Financing Documents” means these Loan Terms, the Loan Application, the KFS, power of attorney, including the
annexures, if any, hereto and any documents, deed, declaration or any other instrument executed by the Borrower or as
required by Whizdm Finance, as amended from time to time;
1.11 “Interest” means the interest charged on the Term Loan as set out in KFS, subject to variation from time to time as
provided herein;
1.12 “Key Fact Statement” or “KFS” means the document executed between Whizdm Finance and Borrower detailing the
terms of the Facility, including but not limited to rate of Interest, Overdue Charges, tenor, EMI and such other details as
may be necessary;
1.13 “Material Adverse Effect” means any event or circumstance, which in the opinion of Whizdm Finance:
i. is likely to materially and adversely affect the Borrower’s ability to pay the Borrower’s Dues;
ii. is likely to materially and adversely affect the Borrower’s ability to perform or otherwise comply with all or any of its
obligations under the Financing Documents;
iii. is likely to materially or adversely affect the business, operations, property, condition (financial or otherwise) or
prospects of the Borrower; or
iv. is likely to result in any Financing Document not being legal, valid and binding on, and enforceable in accordance
with its terms against, the Borrower.
1.14 “Overdue Charges”/ “Penal Charges” means the penal charges/ penal interest as prescribed in the KFS which is
payable on all outstanding amounts that are not paid on their respective Due Dates, plus applicable taxes if any.
1.15 “Purpose” means the reason for availing the Term Loan from Whizdm Finance as specified under the KFS.
1.16 "Repayment Schedule” shall mean the schedule detailing the repayment of EMIs to be paid by the Borrower against
the Facility as availed by the Borrower.
1.17 “SMA” means Special Mention Account as defined by RBI circular DBR.No.BP.BC.45/21.04.048/2018-
19 dated June 7, 2019
In these Loan Terms, (a) the singular includes the plural (and vice versa) and (b) reference to a gender shall include references
to the female, male and neutral genders.
2. DISBURSEMENT
2.1 Relying on the representations and warranties made by the Borrower and pursuant to the Loan Application submitted by
the Borrower herein together with all other information, particulars, clarifications, and declarations, if any, furnished by
the Borrower, Whizdm Finance shall make the Term Loan available to the Borrower upon the terms and conditions
contained herein and such other terms and conditions communicated by the Whizdm Finance to the Borrower from time
to time during the tenure of the Term Loan. The Borrower hereby represents and undertakes that the Term Loan shall be
utilized only for the Purpose set out in the Sanction Letter/KFS and the Borrower shall not utilize the Term Loan or part
thereof for any immoral, illegal and/or speculative purposes. The Borrower shall, forthwith upon the request of the Whizdm
Finance, furnish all such details and evidence as may be required concerning the utilization of the amount of Term Loan.
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Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
Reason: Loan Agreement Clickwrap sign
Signed By: GHULAM MUSTAFA
2.3 The Borrower shall have an option to exit the Term Loan by paying the principal and the proportionate Annual Percentage
Rate (APR), as disclosed in the KFS, without any penalty within the Cooling-off Period, as specified in the KFS. However,
the processing charges and other statutory charges charged by Whizdm Finance shall be non-refundable. Any
prepayment by the Borrower after the expiry of the Cooling-Off Period shall be subject to clause 3.5 of these Loan Terms.
I
Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
Signed By: GHULAM MUSTAFA
Reason: Loan Agreement Clickwrap sign
No 17/1, The Address Building, Outer Ring Road, Kadubeesanahalli, BangaloreSigned
- 560087 (i)
On: 2024-09-02 17:23:47.32
Remark : Signed using OTP - 23237
https://whizdmfinance.com [email protected] \. 080-45692004
� Whizdm finance
3.9 Interest, Overdue Charges and all other charges shall accrue on a day-to-day basis and shall be computed on the basis
of 365 days a year and the actual number of days elapsed.
3.10 All sums payable by the Borrower to Whizdm Finance shall be paid without any deductions whatsoever, other than
statutory taxes. Credit/ discharge for payment will be given only on realization of amounts due.
4.1 The Borrower shall, as required by Whizdm Finance from time to time, provide National Automated Clearing House (Debit
Clearing)/ any other electronic or other clearing mandate (collectively referred to as “NACH”) as notified by the Reserve
Bank of India (“RBI”) against Borrower’s bank account for payment of Borrower’s Dues. Such NACH shall be drawn from
such bank and from such location as agreed to by Whizdm Finance. The Borrower shall honor all payments towards
Borrower’s Dues without fail on first presentation/ Due Dates. NACH provided by the Borrower/(s) may be utilized by
Whizdm Finance for realization of any Borrower’s Dues. The Borrower hereby unconditionally and irrevocably authorizes
Whizdm Finance to take all actions as permissible under Applicable Laws, required for such realization. The Borrower
shall promptly (and in any event within seven (7) days) replace the NACH and/or other documents executed for payment
of Borrower’s Dues as may be required by Whizdm Finance from time to time, at its sole discretion.
4.2 The Borrower shall, at all times maintain sufficient funds in his/her bank account/s for due payment of the Borrower’s
Dues on respective Due Dates. Borrower shall not close the bank account/s from which the NACH have been issued or
cancel or issues instructions to the bank or to Whizdm Finance to stop or delay payment under the NACH and Whizdm
Finance is not bound to take notice of any such communication.
4.3 The Borrower agrees and acknowledges that the NACH has been issued voluntarily in discharge of the Borrower’s Dues
and not by way of a security for any purpose whatsoever. The Borrower also acknowledges that dishonor of any NACH
is a criminal offence under the Negotiable Instruments Act, 1881 and The Payment and Settlements Systems Act, 2007.
The Borrower shall be liable to pay dishonour charges for each NACH dishonour (as prescribed inthe KFS).
4.4 Any dispute or difference of any nature whatsoever shall not entitle the Borrower to withhold or delay payment of any
EMIs or other sum and Whizdm Finance shall be entitled to present the NACH on the respective Due Dates.
4.5 Notwithstanding the issuance of NACH, the Borrower will be solely responsible for ensuring timely payment of dues.
4.6 Borrower acknowledges and agrees that Whizdm Finance shall be entitled to, if it deems fit in the circumstances, alter
or re-schedule the EMI, in such manner and to such extent as may be permissible under Applicable Laws and as Whizdm
Finance may, in its sole discretion, decide with due notice to the Borrower(s) and the repayment will be made by the
Borrower(s) as per the said alteration and/ or rescheduling from the date of which the EMI are altered or rescheduled,
notwithstanding anything stated in the Annexures, if any, to this Agreement.
4.7 Notwithstanding anything stated in any document, the continuation of the Term Loan shall be at sole and absolute
discretion of Whizdm Finance and it may, at any time, in its sole discretion and without assigning any reason, have the
right to review the Term Loan and to (i) immediately vary, terminate, reduce, suspend or cancel the Term Loan or any
unutilized portion of the Term Loan and/or to cease to make available any further utilization of the Term Loan, without
prejudice to any other rights and remedies available to Whizdm Finance under the Financing Documents or Applicable
Law; and/or (ii) to cancel, reject or refuse to provide Term Loan. On intimation of or upon service of any such notice of
cancellation, suspension, or repudiation of Term Loan pursuant to this Clause, the Borrower’s Dues will become due and
repayable by the Borrower to Whizdm Finance along with costs, taxes, charges, interests, Overdue Charges, fees and
all amounts payable on the date specified by Whizdm Finance in the notice for such repayment. Upon such demand by
Whizdm Finance, the Borrower(s) shall within 1 (one) Business Day of being so called upon, pay the whole of the
Borrower’s Dues without any delay or demur. The intimation of or service of cancellation, suspension or repudiation
notice by Whizdm Finance shall be final, non-negotiable and binding on the Borrower. Any cancellation, suspension or
repudiation will not affect the validity of any Financing Document or discharge the liability of the Borrower under such
Financing Documents.
4.8 Whizdm Finance shall have a right to appropriate any payments due and payable under these Loan Terms and made by
the Borrower(s) towards Borrower’s Dues in the order Whizdm Finance deems fit, towards the principal, Interest, Overdue
Charges, prepayment penalty, costs, charges, etc. expenses payable under the Term Loan. Notwithstanding anything
stated herein, Whizdm Finance retains the right to modify the manner of appropriation of the payments received from the
Borrower(s) at any time in their sole discretion and in the manner it deems fit. Further, notwithstanding any such
appropriation, the Borrower(s) shall continue to remain liable to Whizdm Finance for all the Borrower’s Dues until its
complete settlement to the satisfaction of Whizdm Finance.
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Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
Signed By: GHULAM MUSTAFA
Reason: Loan Agreement Clickwrap sign
(viii) ensure deposit of salary and / or business proceeds in the account from which ECS have been issued to Whizdm Finance.
(ix) comply at all times with Applicable Laws, including, Prevention of Money Laundering Act, 2002.
(x) utilize the Term Loan only for the Purpose.
(xi) pay regularly all taxes, assessments, dues, duties, levies and impositions as may, from time to time, be payable to any
government or statutory or regulatory body or authority; perform, on request of Whizdm Finance, such acts as may be
necessary to carry out the intent of the Financing Documents.
(xii) promptly inform Whizdm Finance of any distress or other process of court being taken against the Borrower’s premises
and/or property and/or assets.
(xiii) during business hours, permit Whizdm Finance, or its authorized representatives, or agents, to inspect Borrower’s place
of business or residence. Further, the Borrower hereby agrees to permit Whizdm Finance and its authorized
representatives during business hours to contact/ meet the Borrower at his/ her place of residence for collection of dues
under the Financing Documents.
(xiv) save and except, with the prior, specific, and express written consent of Whizdm Finance, the Borrower(s) shall not (a)
create, assume or incur any further indebtedness to any other person; (b) lend or advance any amounts to any person
or undertake any guarantee or security obligations in relation to the obligations of any other person; (c) change, cease
or diversify the business currently undertaken by the Borrower as disclosed in the Application Form or retire/ be
terminated from/ resign from the present employment or profession as disclosed in the Application Form; (d) close the
bank account with respect to the NACH mandate has been enabled for effecting any payments hereunder;
5.3 The Borrower gives its consent to Whizdm Finance to use/store all the information provided by the Borrower or otherwise
procured by Whizdm Finance in the manner it deems fit including for the purposes of this Facility or for its business and
understands and agrees that Whizdm Finance may disclose such information to its contractors, agents and any other
third parties. Such sharing of data with any third party(ies), will be subject to the Privacy Policy of Whizdm Finance which
is available on the website of Whizdm Finance.
5.4 The Borrower is aware that Whizdm Finance has agreed to extend the Facility to the Borrower based on the KYC
documents made available to Whizdm Finance directly or through any third party authorized in this regard and that the
Borrower has in no way concealed any relevant information which could have adversely affected Whizdm Finance’s
decision to grant the Facility to the Borrower.
6. EVENTS OF DEFAULT
6.1 The following acts/events, shall each constitute an “Event of Default” by the Borrower for the purposes of this Term Loan:
(i) The Borrower fails to make payment of any Borrower’s Dues on Due Date or issues any instruction to stop payment of
any NACH mandate or other instrument given under these Loan Terms for any reason whatsoever;
(ii) Breach of any terms, covenants, representation, warranty, declaration or confirmation under the Financing Documents;
(iii) Any fraud or misrepresentation or concealment of material information by Borrower which could have affected decision
of Whizdm Finance to grant any Facility;
(iv) Death, lunacy or any other permanent disability of the Borrower;
(v) The Borrower utilizes the Term Loan for any purpose other than the Purpose;
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Signed By: GHULAM MUSTAFA
Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
Reason: Loan Agreement Clickwrap sign
(vi) Occurrence of any events, conditions or circumstances (including any change in law) which, in the sole and absolute
opinion of Whizdm Finance, could have a Material Adverse Effect, including limitation of any proceedings or action for
bankruptcy/liquidation/ insolvency of the Borrower or attachment / restraint of any of its assets;
(vii) Submission of any forged document by the Borrower;
(viii) The Borrower repudiates the Financing Documents or does or causes to be done any act or thing evidencing an intention
to repudiate the Financing Documents.
(ix) All or substantially all of the undertaking, assets, or properties of the Borrower or its interests therein are seized,
nationalized, expropriated or compulsorily acquired by the authority of government;
(x) The Borrower has been declared to be a willful defaulter or failure by the Borrower to discharge any indebtedness which
has become due and payable, or the Borrower is deemed for the purposes of any Applicable Law to be/ admits in writing
to be unable to pay his/her debts as they fall due or, if the Borrower begins negotiations with any creditor for the
rescheduling or restructuring of any of its indebtedness.
(xi) The providing of Term Loan is no longer in accordance with the Applicable Laws or the Loan Terms is not effective in
accordance with its terms or is alleged by the Borrower(s) to be ineffective in accordance with its terms for any other
reason or it is or it becomes unlawful for the Borrower(s) to perform any of its obligations under the Financing Documents
(xii) Any other event which in the sole opinion of Whizdm Finance would endanger the repayment of the Borrower’s Dues.
6.2 The decision of Whizdm Finance as to whether or not an Event of Default has occurred shall be binding upon the
Borrower.
7. CONSEQUENCES OF DEFAULT
7.1 Upon occurrence of any of the Events of Default and at any time thereafter, Whizdm Finance shall have the right, but not
the obligation to declare all sums outstanding in respect of the Term Loan, whether due or not, immediately repayable
and upon the Borrower failing to make the said payments within 15 (fifteen) days thereof, Whizdm Finance may at its
sole discretion exercise any other right or remedy which may be available to Whizdm Finance under any Applicable Law,
including seeking any injunctive relief or attachment against the Borrower or their assets.
7.2 Whizdm Finance may exercise any right, power or remedy permitted to it by law, including by suit, in equity, or by action
at law, or both, or otherwise, whether for specific performance of any covenant, condition or term contained in the
Financing Documents, or in aid of the exercise of any power or right granted in the Financing Documents and/or as a
creditor.
7.3 The Borrower shall also be liable for payment of all legal and other costs and expenses resulting from the foregoing
defaults or the exercise of Whizdm Finance remedies.
7.4 Notwithstanding any other rights available to Whizdm Finance, Whizdm Finance shall be entitled to initiate criminal
proceeding or any other appropriate actions against the Borrower if at any time Whizdm Finance, at its sole discretion,
has sufficient grounds to believe that the Borrower has made any misrepresentations and/ or submitted any forged
documents or fabricated data to Whizdm Finance.
7.5 Whizdm Finance may further require the Borrower(s) to pay liquidated damages equal to all unpaid EMIs which, in the
absence of an Event of Default, would have been payable by the Borrower(s) for the full term hereof. Whizdm Finance
may exercise its right of set-off against any monies due to Whizdm Finance from the Borrower(s) and to combine all the
accounts of the Borrower held with Whizdm Finance to recover the Borrower’s Dues from the Borrower. All rights and
powers conferred on Whizdm Finance under the Financing Documents shall be in addition and supplemental to any
rights Whizdm Finance has as a creditor against the Borrower under any law for the time being in force and security
documents and shall not be in derogation thereof.
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Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
Signed By: GHULAM MUSTAFA
Reason: Loan Agreement Clickwrap sign
8.1 The Borrower acknowledges and authorizes Whizdm Finance to disclose all information and data relating to Borrower,
the Term Loan, default if any, committed by Borrower to such third parties/ agencies as Whizdm Finance may deem
appropriate and necessary to disclose and/or as authorized by RBI, including the Credit Information Companies. The
Borrower also acknowledges and authorizes such information to be used, processed by Whizdm Finance / third
parties/RBI as they may deem fit and in accordance with Applicable Laws. Further upon the occurrence of an Event of
Default, Whizdm Finance and such agencies shall have an unqualified right, in accordance with Applicable Laws, to
disclose or publish the name of the Borrower /or its directors/ partners/co-applicants, as applicable, as ‘defaulters’ in
such manner and through such medium as Whizdm Finance / RBI/ other authorized agency in their absolute discretion
may think fit, including in newspapers, magazines and social media.
8.2 The Borrower shall not hold Whizdm Finance responsible for sharing and/or disclosing the information now or in future
and also for any consequences suffered by the Borrower and/or other by reason thereof. The provisions of this clause
shall survive termination of the GC and the repayment of the Borrower’s Dues.
9. MISCELLANEOUS
9.1 The entries made in records of Whizdm Finance shall be conclusive evidence of existence and of the amount Borrower’s
Dues and any statement of dues furnished by Whizdm Finance shall be accepted by and be binding on the Borrower.
9.2 The Borrower’s liability for repayment of the Borrower’s Dues shall, in case where more than one Borrower have jointly
applied for any Facility, be joint and several.
9.3 Borrower shall execute all documents and amendments and shall co-operate with Whizdm Finance as required by
Whizdm Finance (i) to comply with any RBI guidelines / directives or (ii) for giving Whizdm Finance full benefit of rights
under the Financing Documents. Without prejudice to the aforesaid the Borrower hereby irrevocably consents that on
its failure to do so, such changes shall be deemed to be incorporated in the Financing Documents and shall be binding
on the Borrower.
9.4 Notwithstanding any suspension or termination of any Facility, all rights and remedies of Whizdm Finance as per
Financing Documents shall continue to survive until the receipt by Whizdm Finance of the Borrower’s Dues in full.
9.5 The Borrower acknowledges that the rate of Interest, Overdue Charges and other charges payable and or agreed to
be paid by the Borrower under Financing Documents are reasonable and acceptable to him/ her.
9.6 The Borrower expressly recognizes and accepts that Whizdm Finance shall, without prejudice to its rights to perform
such activities itself or through its office employees, be entitled and has full power and authority so to appoint one or
more third parties (hereinafter referred to as “Service Providers”) as Whizdm Finance may select and to delegate
to such party all or any of its functions, rights and power under Financing Documents relating to the sourcing, identity
and verification of information pertaining to the Borrower administration, monitoring of the Facility and to perform and
execute all lawful acts, deeds, matters and things connected therewith and incidental thereto including sending notices,
contacting Borrower, receiving Cash / Cheques/ Drafts / Mandates from the Borrower in favour of Whizdm Finance.
9.7 The Borrower hereby authorizes Whizdm Finance to verify all information and documents including, income proof
documents, residence documents, address proof documents, identity documents and other such documents containing
personal and financial information as are submitted by them for obtaining any Facility and that they also consent to
subsequent retention of the same by Whizdm Finance.
9.8 The Borrower acknowledges and authorizes Whizdm Finance to procure Borrower’s PAN No./copy of Pan Card, other
identity proof and Bank Account details, from time to time and to also generate / obtain bureau reports and such other
reports as and when Whizdm Finance may deem fit. The Borrower also hereby gives consent and authorizes Whizdm
Finance to undertake its KYC verification by Aadhar e-KYC or otherwise and undertake all such actions as may be
required on its behalf or otherwise to duly complete the process of such verification including by way of Aadhar e-KYC
and share such information with any authority and store such information in a manner it deems fit.
9.9 In the event of any disagreement or dispute between Whizdm Finance and the Borrower regarding the materiality of
any matter including of any event occurrence, circumstance, change, fact information, document, authorization,
proceeding, act, omission, claims, breach, default or otherwise, the opinion of Whizdm Finance as to the materiality of
any of the foregoing shall be final and binding on the Borrower.
9.10 The Borrower and Whizdm Finance may mutually agree on the grant of a fresh facility on the Loan Terms and by
execution of such further letter/undertaking by the Borrower as may be required by Whizdm Finance.
10. WAIVER
Whizdm Finance’s failure to exercise or delay in exercising any right, power, privilege or remedy under the Agreement
will not operate as a waiver or acquiescence, nor will any single or partial exercise of any right, power, privilege or remedy
prevent any further or exercise of any other right, power, privilege or remedy.
The Borrower expressly understands that the relationship between the Borrower(s) and Whizdm Finance is purely
financial and restricted to the terms of this Agreement and not in respect of any service rendered or to be rendered by
Whizdm Finance. Accordingly, the provisions of the Consumer Protection Act, 1986 shall not apply to any transaction
arising out of or in connection with this Agreement.
11. SEVERABILITY
The Borrower acknowledges that each of his /her obligations under these Financing Documents is independent and
severable from the rest.
I
Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
Reason: Loan Agreement Clickwrap sign
Signed By: GHULAM MUSTAFA
12.1 All Facility and the Financing Documents shall be governed by and construed in accordance with the laws of India.
12.2 Notwithstanding anything to the contrary contained herein, any dispute, controversy and / or claim arising out of and /
or relating to this contract, including its construction, interpretation, meaning, scope, operation, effect and / or validity
thereof (“Dispute”), shall be resolved by arbitration, administered by Presolv360, an independent institution, in
accordance with its Dispute Resolution Rules (“Rules”). The parties agree that the arbitration shall be before a sole
arbitrator appointed under the Rules. The juridical seat of arbitration shall be Bangalore, India. The language of
arbitration shall be English. The law governing the arbitration proceedings shall be Indian law. 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.
12.3 The parties agree to carry out the arbitration proceedings virtually through the online dispute resolution (“ODR”) platform
of Presolv360 (https://presolv360.com/) and, for such purpose, the email addresses and / or mobile numbers available,
provided or otherwise referenced in the contract shall be considered. Each party shall be responsible for intimating
such institution in the event of any change in its email address and / or mobile number throughout the arbitration
proceedings. In the event the arbitration proceedings cannot be administered virtually in the opinion of the arbitrator,
the proceedings shall be conducted physically, and the venue of the proceedings shall be as determined by the
arbitrator having regard to the circumstances of the case, including the convenience of the parties.
12.4 Further, the present clause shall survive the termination of Financing Documents. The Courts at Bengaluru, India shall
have exclusive jurisdiction (subject to the arbitration proceedings which are to be also conducted in Bengaluru, India)
over any or all disputes arising out of the Financing Documents.
13. NOTICES
13.1 Any notice to be given to the Borrower in respect of Financing Documents shall be deemed to have been validly given
if served on the Borrower or sent by registered post to or left at the address of the Borrower existing or last known
business or private address. Any such notice sent by registered post shall be deemed to have been received by the
Borrower within 48 hours from the time of its posting. Any notice to Whizdm Finance shall be deemed to have been
valid only if received by Whizdm Finance at its above stated address.
14. ASSIGNMENT
14.1 The Borrower shall not be entitled to jointly or severally transfer or assign all or any of their right or obligation or duties
under the Financing Documents to any person directly or indirectly or create any third-party interest in favour of any
person without the prior written consent of Whizdm Finance.
14.2 Whizdm Finance shall be entitled to sell, transfer, assign or securitise in any manner whatsoever (in whole or in part
and including through grant of participation rights) all or any of its benefits, right, obligation, duties and / or liabilities
under Financing Documents, without the prior written consent of, or intimation to the Borrower in such manner and
such terms as Whizdm Finance may decide. In the event of such transfer, assignment or securitization, the Borrower
shall perform and be liable to perform their obligation under the Financing Documents to such assignee or transferor.
In such event, the Borrower shall substitute the remaining NACH in favour of the transferee/ assignee if called upon to
do so by Whizdm Finance.
15. INDEMNITY
15.1 The Borrower hereby indemnifies, defends and holds Whizdm Finance, its employees, representatives and consultants
harmless from time to time and at all times against any liability, claim, loss, judgment, damage, cost or expense
(including, without limitation, reasonable attorney’s fees and expenses) as a result of or arising out of any failure by the
Borrower to observe or perform any of the terms and conditions and obligations contained in the Financing Documents
or Event of Default or the exercise of any of the rights by Whizdm Finance under the Financing Documents, including
for any enforcement of security or recovery of Borrower’s Dues.
16. Acceptance:
I / We am / are aware that Whizdm Finance shall agree to become a party to this GC only after satisfying itself
with regard to all conditions and details filled by me / us in the GC and other Financing Documents in
consonance with Whizdm Finance policy. I / We agree that this GC shall be concluded and become legally
binding on the date when the authorized officer of Whizdm Finance signs this at Bangalore or on the date of
first disbursement, whichever is earlier.
By clicking “I accept”, the Borrower electronically signs these GC and agrees to be legally bound by its terms. The
Borrower’s acceptance of these GC shall constitute: (i) the Borrower’s agreement to irrevocably accept and to be
unconditionally bound by all the terms and conditions set out in these GC; and (ii) the Borrower’s acknowledgement
and confirmation that these GC (along with the Financing Documents) have been duly read and fully understood by
the Borrower.
I
Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
Signed By: GHULAM MUSTAFA
Reason: Loan Agreement Clickwrap sign
No 17/1, The Address Building, Outer Ring Road, Kadubeesanahalli, BangaloreSigned
- 560087 (i)
On: 2024-09-02 17:23:47.32
Total interest charge during the entire tenure of the loan 1797.00
(iv) (in Rupees)
Other up-front charges (break-up of each component to
be given below) (in Rupees)
I
Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
No 17/1, The Address Building, Outer Ring Road, Kadubeesanahalli, Bangalore - 560087 (i)
https://whizdmfinance.com [email protected] \. 080-45692004
Other disclosure
,,70.9$, 47,, -A$A"30,/$/-30.9$5*0'*$2,33,5"3$1*&77$
(xvi)
.,($2"$'*&39"/$&.#$A".&7(#$,.$A3"A&#+".($,<$7,&. 3 days*
(xvii) =,' 0.$8"30,/ 6 months lock in for tenure upto 18 months
12 months lock in for > 18 months
8095000789
I
Signed By: GHULAM MUSTAFA
Whizdm Finance Private Limited CI N NO: U65929KA2017PTC101703
Reason: Loan Agreement Clickwrap sign
Signed On: 2024-09-02 17:23:47.32
No 17/1, The Address Building, Outer Ring Road, Kadubeesanahalli, BangaloreRemark
- 560087 (i)using OTP - 23237
: Signed
https://whizdmfinance.com [email protected] \. 080-45692004
Digilocker e-Aadhaar Digilocker- Verified
Proof of Identity
Gender M
Email ID NO
Proof of Address
Care of S/O: Umar Hayat
House No. -
Street -
Landmark
Locality
District Punch
Aadhaar Ref ID
UKC:bffb3975638dc9f846a1cc7bf77e17a420240902164829