Credit Facility Sanction Letter
Credit Facility Sanction Letter
Date: 20-08-2022
Dear Sir/Madam,
Subject: Your application for Credit Facility from Bhanix Finance and Investment Limited (" CASHe/Bhanix/Lender”)
We thank you for choosing Bhanix Finance and Investment Limited as your financier for credit facility. We are pleased to inform
you that with reference to the above application, we have in- principle sanctioned you a credit facility ("facility”), the details of
which are given below:
Broken interest period shall be applied for the period between the date of disbursement and the instalment start date and shall be
added to the principal and EMI will be calculated accordingly.
The processing fees and applicable charges will be collected at source at the time of disbursement. The total interest will be
apportioned across the tenure of the Credit Facility.
On your acceptance of the terms above, you will be eligible for a credit line of INR 7000, which can be utilised as per terms of the
sanction.
You are requested to go through the enclosed terms and conditions of the Credit Facility and Cardholder’s agreement and send
us a signed acceptance copy for us to proceed with your Loan disbursement.
Yours sincerely
For Bhanix Finance and Investment Limited
Authorised Signatory
MOST IMPORTANT TERMS AND CONDITIONS
1. The sanction of the amount and the applicable terms and conditions are subject to execution of credit facility & Cardholder’s
Agreement and other documents with the Lender. The terms and conditions of Credit Facility & Cardholder’s Agreement and/or
other documents will prevail over this letter in case of any contradiction/ conflict/ difference. The Lender shall have the right to
require the Borrower to provide such additional details and/ or documents as required by it at the time of actual disbursal of
the Loan or issuance of Card as defined below CASHe Card. This sanction letter intends to summarize certain fundamental
and key terms of the Credit Facility and does not reflect the complete agreement between the Lender and the Borrower in
relation to the Credit Facility CASHe Card. No legally binding obligations will be created, implied or inferred until the relevant
Credit Facility documents are executed and delivered and completion of Know Your Customer (“KYC”) and other regulatory
checks with respect to the Borrower to the satisfaction of the Lender.
2. The Credit Facility/Credit Line/Credit Limit may also be utilized under CASHe Card (“CASHe Card/Card” will mean and include
the pre-paid instrument issued to the Borrower of CASHe and who may have entered into a partnership with third party issuing
entity), which may be issued by CASHe, to its borrowers, upon necessary regulatory approvals being obtained by the third party
issuing entity as per the applicable regulatory guidelines and communicated to CASHe and on such terms and conditions as
may be applicable at the time of issuance of such Card. Further the terms and conditions pertaining to Card will only apply as
and when the customer is issued the Card.
3. This sanction shall be available to the Borrower for a period of 5 years from the date of this letter. Notwithstanding any
revocation, cancellation or withdrawal of the sanction letter or the Credit Facility, the processing fees received is non-
refundable. For details of the various fees and charges applicable, please refer website.
4. The Lender shall be entitled to revoke the sanction or block the use of the CASHe Card and to add, to delete or modify all or any
of the terms and conditions of the Credit Facility, inter alia, if:
a. There is any material change in the purpose for which the Credit Facility has been sanctioned.
b. In the sole judgment of the Lender, any material facts have been concealed and / or become subsequently known.
c. Any statement, declaration, undertaking or disclosure made by, or on behalf of, the Borrower in the application or /
otherwise is incorrect, inaccurate, incomplete or misleading.
d. There is a default or a breach of any terms and conditions of this sanction letter and the application form.
e. If there is any bankruptcy or insolvency proceeding filed or admitted against the Borrower.
f. Relevant Credit Facility documents are not executed by the Borrower in a form and manner satisfactory to the Lender.
g. There is any misuse of in terms of any suspicious and/ or fraudulent activities, funding to terrorist organisations or any
transactions amounting to AML or any activity prohibited by any Law governing the country.
5. If the Borrower does not submit duly accepted copy of this sanction letter to the Lender within stipulated period then, the
Lender’s decision shall be final and binding on the Borrower
6. The Borrower expressly recognizes and accepts that the entire Credit Facility to be extended by the Lender and shall also be
entitled at its discretion to engage/ avail of, at the risk and cost of the Borrower, services of any person/ third party service
provider/ agent/ agency, for anything required to be done for/ in relation to/ pursuant to the Credit Facility, including
disbursement, collections, recovery of dues, enforcement of security, getting or verifying any information of the Borrower(s)/
assets, and any necessary or incidental lawful acts/ deeds/ matters and things connected thereto, as the Lender may deem fit.
For the purposes as aforesaid, Lender shall be entitled to disclose to such persons/third party service provider/agent/agency
all necessary and relevant information pertaining to the Borrower(s), the Credit Facility and such other details.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
7. Repayment of Credit Facility amount treated as Pay Later on CASHe Card as per Credit facility & cardholder’s agreement will be
payable in full post the interest free period and repayment of Credit Facility amount categorized as any Loan under the Credit
facility and cardholder’s agreement whether on CASHe Card or otherwise will be through installments/ EMI’s comprising of
principal and/or interest. Repayment of Credit Facility amount can be done through Banking channel. The Lender may in its sole
discretion alter the rate of interest suitably and prospectively if unforeseen or extraordinary changes in the money market
conditions take place.
8. The rate of interest applicable to the Credit Facility shall be as prevailing on the date of disbursement and as stated in the
Credit Facility & Cardholder’s Agreement and is fixed in nature.
9. The schedule of Charges applicable to the CASHe Card shall be prevailing on the date of issuance and as stated in the Credit
facility & Cardholder’s Agreement and is subject to change as per the discretion of the Lender with adequate notice to the
borrower.
10. The Credit Facility its continuity in terms of the Credit Facility & Cardholder’s Agreement to be executed towards disbursal of
the Credit Facility amount and terms sanctioned by the Lender, besides all other terms and condition, against applied amount and
tenure is final and binding on all the borrowers. However, the Lender reserves its right to review and reappraise the Credit Facility
during the tenure of the credit facility. Recovery of Overdue/Bad debts: It is duty of the borrower to repay Credit Facility amount
with applicable interest along with all dues/ charges/ fees levied as per agreed terms of Credit Facility and Cardholder’s
Agreement. However, in the event of default in re -payment of any of the above, the Lender reserves the right to recover overdue
by resorting to legal and permissible means. The details of the Designated Grievance Redressal Officer and the procedure for
redressal of grievances are provided on our website www.cashe.co.in/www.bhanixfinance.com
11. Lender may suggest Borrower an Insurance Company through whom Borrower can avail insurance as per the options
available; however, Lender would like to make it very clear that it is not mandatory to avail insurance from such Insurance
provider. Opting for Facility amount with insurance is only an intent of the Borrower and such selection is not binding on Borrower.
Such selection shall become effective only upon the Borrower explicitly instructing Lender to disburse the premium to the
Insurance Company directly by deducting from the disbursement amount, upon the Borrower complying with the formalities as
required by the Insurance Company. If Borrower have not paid any charges, fees, premium which becomes due to Lender or its
affiliates or Lender has made payment of same to any third party or an insurance company on Borrower’s behalf, Lender shall
deduct such fees from Borrower’s Facility being disbursed and Borrower shall be liable for the entire Facility Amount irrespective
of such deduction. Further avoidance of doubt Lender’s role will be limited to a facilitator while recommending name of any such
Insurance provider Company. The Borrower hereby assign the claim amount payable in the event of any total loss claim as
covered under the policy issued by the Insurer against the facility amount to the Lender and the Borrower further declares that
this receipt shall be sufficient evidence for discharge of claim to the Insurer.
a. This sanction letter captures the most important terms of the aforesaid Credit Facility and CASHe Card, and all other terms
and conditions of the Credit Facility and CASHe Card shall be as specified in the Credit Facility and Cardholder’s Agreement and
to be read with the other Credit Facility and CASHe Card documents executed amongst the Borrower and Lender.
b. The sanction of the abovementioned Credit Facility and issuance of CASHe Card and all the terms and conditions mentioned
in this sanction letter are subject to the execution of Credit Facility and Cardholder’s Agreement and such other Credit Facility &
CASHe Card documents between the parties, which shall be the final, binding and superseding document for all purposes for this
relationship between you and the Lender, in physical or digital form as the Lender may specify in the prescribed formats.
c. This Sanction Letter is intended solely as a basis for further discussion and is not intended to be and does not constitute a
legally binding obligation. No legally binding obligations will be created, implied or inferred until the relevant facility documents
are executed and delivered and completion of Know Your Customer (KYC) and other regulatory checks with respect to the
Borrower to the satisfaction of the Lender.
d. Confidentiality: The sanction letter and its content are intended for the exclusive use of the Borrower and shall not be
disclosed by the Borrower to any person unless the prior written consent of the Lender is obtained.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
e. This sanction letter and all transactions arising hereunder shall be governed by Indian Laws and subject to the jurisdiction of
the exclusive courts of Mumbai.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
CREDIT FACILITY AND CARDHOLDER’S AGREEMENT
This Credit Facility and Cardholder’s Agreement ("Agreement") has been made at Mumbai and on the date as mentioned in
Annexure hereto, by and between:
Bhanix Finance and Investment Limited, a Company incorporated under the Companies Act, 2013, having its registered office at
5th Floor, Paville House, Off Veer Savarkar Marg, Prabhadevi, Mumbai - 400025 (hereafter referred to as "Bhanix/Lender", which
expression shall unless repugnant to the context or meaning thereof, include its successors and assigns) of the First Part.
AND
Mr/Ms. MR SUMIT RAJESH SUKHDEVE , residing at NEAR TRIRATNA BUDDHA VIHAR, EMPRESS MILL QTR NO 89, NAGPUR,
NAGPUR, MH, 440004 , hereinafter referred to as the "Borrower", (which expression shall, unless repugnant to the context or
meaning thereof, include its heirs, executors, administrators and permitted assigns) of the Third Part
Lender and Borrower shall together be referred to as the “Parties” and individually as “Party.
Witnesseth:
a. CASHe is a mobile app ("Mobile App") which facilitates the provision of credit facilities which includes personal loans and
other shopping products, based on the details provided by the Borrower in the mobile application form, and through other modes
of communication, ("Mobile Application Form") available on the Mobile App.
b. Whereas the Borrower has approached the Lender, through the Mobile App, for a Credit Facility of INR 7000 /- (the "Credit
Facility") and Lender has agreed to extend the Credit Facility to the Borrower and Borrower hereby accepts the same as per the
terms of this Agreement and the sanction letter dated 20-08-2022 issued by the Lender ("Sanction Letter”), including Annexure
attached hereto.
c. Whereas the Borrower understands that every Credit Facility request shall be assessed individually, at the Lender’s sole
discretion and the final disbursement amount shall be based on the Lender’s internal policies and eligibility criteria applicable to
the Borrower.
d. Whereas the Borrower understands that this Agreement shall remain valid till the borrower discharge all its obligation to the
Lender.
e. Whereas the Borrower understands that on approval of Credit Facility by the Lender, the terms between the lender and
borrower are materialized by entering into this binding agreement..
f. The Credit Facility/Credit Line/Credit Limit may also be utilized under CASHe Card (“CASHe Card/Card” will mean and include
the pre-paid instrument issued to the Borrower of CASHe and who may have entered into a partnership with third party issuing
entity), which may be issued by CASHe, to its borrowers, upon necessary regulatory approvals being obtained by the third party
issuing entity as per the applicable regulatory guidelines and communicated to CASHe and on such terms and conditions as may
be applicable at the time of issuance of such Card. Further the terms and conditions pertaining to Card will only apply as and
when the customer is issued the Card.
This facility agreement shall come into effect from the date of this Agreement and will be valid for a period of Five (5) years from
the effective date. The Borrower will not undergo any new underwriting process till the validity of the tenor of the Agreement and
subject to the ceiling limit of sanction Credit Facility amount. However, the lender has reserved the right to cancel this facility, at
his own discretion at any point of time or to increase the sanction of the Credit Facility amount at his own discretion at any point
of time subject to an explicit consent taken from the borrower and the underwriting process. The Borrower can use the Card or
apply for loan multiple times under this facility subject to availability of limit and the validity of the agreement.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
2. DISBURSAL OF THE LOAN
The Loan will be disbursed to the Borrower in one or more instalment(s) as may be required by the Borrower. The disbursement
shall be through the agreed mode of disbursement as specified in the Mobile Application Form. The Lender shall have the right to
review the Loan at periodical intervals whereupon the Loan may be continued/cancelled/ reduced based on conduct and
utilization.
3. PURPOSE
The Borrower hereby confirms that the amount borrowed shall be used solely for the purpose as agreed by the borrower in the
Mobile Applicable Form and as specified in the Sanction Letter ("Purpose”).
4. REBORROWING
The Borrower may reborrow any part of the credit facility which is fully repaid. However, the total amount of the EMI in aggregate
under this facility agreement shall not exceed the thirty five percent of the net take home salary of the Borrower (“Limit”). At any
point of time if the aggregate amount of EMI goes below the Limit, then the Borrower may be eligible for additional utilization
under this Facility.
5. TRANSACTION CATEGORIES
The Borrower may utilize or draw down the Facility towards the below mentioned Transactions.
1. Pay Later Transaction: The Borrower can make purchases by opting for payment through this Facility at the checkout on any
merchant platform or store using the CASHe Card, categorized as Pay Later Transaction.
2. Credit Limit Transferred to Bank Account: The Borrower can transfer the credit Limit assigned in parts or in full to a personal
Bank Account using the CASHe mobile App categorized as Loan Transaction.
3. Credit Limited converted to EMI on Partner Merchants :The Borrower can make purchases by opting for Loans on merchant
websites or Mobile Apps through this Facility at the Shop Tab on CASHe Mobile App categorized as Merchant EMIs Transaction
4. Transaction Converted to EMI: The Borrower can convert the outstanding bill due into Equated Monthly Installments (EMI) of
various tenures specified under EMI facility in Annexure, categorized as EMI Loan Transaction.
The Borrower shall pay interest, default interest (if any), along with late payment fees, ECS/NACH/cheque bounce charges and
roll over fees (collectively “Charges”) at the rate as detailed in Annexure herein and as per the time frame agreed in the Mobile
Application Form. The interest shall be calculated as per the Terms and Conditions abide by the Borrower available in the Mobile
App and in the web site of CASHe. The Loan shall carry interest at the rate specified in the Annexure thereto, on the Credit Facility
amount sanctioned throughout its tenure. The rate of interest charged by the Lender is fixed in nature. The Lender shall have at
its absolute discretion the right to vary the rate of Interest/ commission/ other charges (including Delayed Interest Rates)
applicable to the Credit Facility from time to time. Broken interest period shall be applied for the period between the date of
disbursement and the instalment start date and shall be added to the principal and EMI will be calculated accordingly. The
Borrower will not be charged any interest in transactions categorized as ‘Pay Later’ provided the lender pays the amount in full
within the interest free Period mentioned under Schedule of Charges on CASHe Card, which will be communicated at the time of
issuance of Card.
If the Borrower fails to repay the relevant equated monthly instalment (“Principal plus Interest”) or any other amounts as may be
due under Credit Facility, within 5 (five) days grace period then, without prejudice to any other rights available to the Lender
hereunder or under applicable laws, a delayed interest shall apply at such rate as specified in the Annexure hereto on the
amount of sum overdue, from the due date of instalment, including grace period and shall be payable as delayed interest and
will continue till full and final payment of the unpaid amounts. Further, such default interest shall be payable in the event of
occurrence of any other Event of Default from the date of occurrence of such Event of Default until rectification thereof to the
satisfaction of the Lender (if so permitted) or repayment in full of all outstanding amounts by the Borrower to the satisfaction of
the Lender.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
7. BILLING CYCLE & PAYMENT DUE DATE:
The Lender will bill the borrower the outstanding Amount in a cycle of 28-31 days from the date of card set-up date depending
upon the days in the calendar month. The first day of the next billing cycle will be the due date. Borrower will be given 5 days to
make payment either in full or convert into EMI of the chosen tenure with applicable interest & charges.
The Borrower agrees to repay the amount outstanding and/or Loan installments(s) together with interest, default interest (if any)
or the Charges, dues and taxes (as applicable) (“Amount Due”) on agreed due dates/ within the periods as indicated in the
repayment schedule specified in the credit confirmation email. Borrower understands that its obligations under this Agreement,
shall be valid and binding, until the repayment of the amount due, to the satisfaction of Lender. Similarly, the Borrower can any
time, on such terms and conditions as may be imposed by the Lender, prepay the Loan and there is no penalty for the same.
Prepayment can be done in part or fullNACH/ECS MANDATE AND PROMISSORY NOTE
The Borrower has agreed to provide Electronic Clearing System “ECS/ NACH mandate/ UPI Instruction” or issued a Promissory
Note (collectively “Repayment Instrument”) in favor of the Lender for the repayment of the amount utilized under credit facility
along with the Loans and Charges now or hereafter. The Borrower hereby unconditionally and irrevocably authorizes the Lender
and/ or any other enforcing agency to present for payment/ enforce the Repayment Instruments towards payment of the Amount
Due. The Borrower shall ensure availability of funds in the account on which such Repayment Instrument(s) have been drawn and
the Borrower shall not at any time close his/ her account and/or issue any notice instructing the Lender not to present any such
Repayment Instrument(s) for encashment or instruct his/her bank to stop payment on any such Repayment Instrument(s) and
also confirmed that the repayment instrument remains valid for all payments and Loans along with interest (including default
interest) and other charges, if any.
9. EVENT OF DEFAULT
An event of default shall be deemed to have arisen if the Borrower does not comply with his/her obligations as mentioned in this
Agreement and also on the happening of one or more of the following events (each an "Event of Default" and collectively "Events
of Defaults"):
b) If the Borrower is unable to pay his debts as and when they arise or there is an apprehension of such inability or if the
Borrower has admitted such inability in writing.
d) If a default has occurred in the repayment of the utilized amount of the credit facility or Loan or any instalment thereof along
with interest, default interest or the Charges on the due date(s) of such amounts or on demand.
g) The Borrower is or becomes a party to any litigation, arbitration, administrative or other action, investigation by any
governmental entity, claim, suit or proceedings which would have a material adverse effect on the performance of terms of this
Agreement.
h) Any instruction being given by the Borrower to stop the payment of any loan ECS/ NACH mandate for any reason whatsoever.
i) The Borrower fails to furnish any information or documents or/and furnished fraudulent documents.
j) There exist any other circumstances at which may jeopardize the Lender’s interest.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
k) The Borrower utilises the proceeds of the Credit Facility for any purpose other than the Purpose mentioned in the Sanction
Letter.
l) Any default arising in relation to any other agreement entered into by the Borrower with the Lender, default under any other
loan availed from the Lender or any other bank and/ or financial institution including the Lender shall constitute an event of
default under this Agreement.
m) Where the Borrower is a partnership firm, if the Borrower, is dissolved or a notice of dissolution is given to it by any of its
partners or if the Borrower or any of its partners commits an act of insolvency or makes an application for being declared
insolvent or an order is passed declaring it or them or any of them an insolvent under the Insolvency and Bankruptcy Code, 2016/
Where the Borrower is a company, if the Borrower is unable to pay its debts under the relevant provisions of the Companies Act,
2013or a resolution for winding- up of the Borrower is passed or any petition for its winding-up filed or any order for winding-up is
made against the Borrower under the Insolvency and Bankruptcy Code, 2016 or otherwise or if a liquidator is appointed in respect
of any property or estate of the Borrower.
Upon occurrence of an Event of Default, the outstanding amount of the Credit Facility shall forthwith become payable to Lender,
without any notice to the Borrower.
If one or more of the events specified in Clause 6 (Events of Default) occur(s), then the Lender at its discretion, shall be entitled
to: -
a) place the Credit Facility on demand or declare all amounts payable by the Borrower in respect of the Credit Facility to be due
and payable immediately, including default interest and other charges including penal charges due to bouncing of the Repayment
Instrument(s), from the Borrower.
b) take any other remedy which may be available under law during the pendency of the Credit Facility including without
limitation the remedy under section 138 of the Negotiable Instruments Act, 1881 and under section 25(1) of Payment of
Settlement System Act, 2007.
c) make disclosure of details pertaining to the Borrower to RBI or any other credit information companies.
d) charge default interest on the entire outstanding amounts under the Credit Facility as specified under the Sanction Letter.
e) suspend further access to/ drawls by the Borrower of the Credit Facility.
g) Appoint a collection agent to recover all outstanding due amounts from the Borrower.
h) exercise and enforce all rights and remedies available to the Lender under this Agreement.
11.CONDITIONS PRECEDENT
a) The Borrower shall furnish the duly executed Agreement and any other loan documents in favour of the Lender.
b) Where the Borrower is an incorporated entity, it shall submit certified true copies of constitutional documents and all
corporate authorisations of the Borrower.
c) The Borrower shall have completed "Know your customer" (or similar requirements) checks satisfactory to the Lender.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
d) The Borrower shall submit the Repayment Instruments in a form and manner acceptable to the Lender.
f) No extraordinary or other circumstances shall have occurred which shall make it improbable for the Borrower to fulfill his
obligations under this Agreement.
Borrower represents and warrants to Lender as follows, and states that the same are true, correct, valid and subsisting in every
respect unless otherwise disclosed by the Borrower to the Lender and deemed to be repeated as on each date until repayment in
full of all outstanding amounts under the Credit Facility to the satisfaction of the Lender that:
a) upon execution by the Borrower, this Agreement and the Sanction Letter shall constitute a valid, enforceable and legally
binding obligation of the Borrower.
b) the Borrower is competent to contract under The Indian Contract Act, 1872.
c) the Borrower has the legal right and full power and authority to enter into, perform and deliver its obligations under this
Agreement.
d) all the necessary approvals for availing of the Credit Facility have been obtained and that the Borrower will at all times till
the amounts due to the Lender are paid in full a, keep all such permissions valid and subsisting.
e) there is no litigation, proceedings or disputes pending or threatened against the Borrower, the adverse determination of
which might substantially affect the Borrower's ability to repay the Loan or have a materially adverse effect on the financial
condition of the Borrower.
f) the Borrower has disclosed to the Lender all information (financial or otherwise) relating to it and no information has been
withheld which is material to be known to the Lender.
g) all factual information provided in the Mobile Application Form and in connection with the Loan is true, complete and
accurate, valid, in full force and effect in all respects as at the date it was provided or as at the date (if any) at which it is stated
and is not misleading in any respect
h) all information and documents furnished by or on behalf of the Borrower in connection with obtaining the CASHe Card and/or
Loan, whether prior to the date hereof or contemporaneously with the execution of this Agreement and all information furnished
hereinafter, is and will be true, correct and complete in all respects as on the date on which such information is provided or
certified and throughout the tenor of the Loan.
i) no proceedings have been initiated and no events have occurred in connection with insolvency, bankruptcy, liquidation
protection against creditors or declaration as a relief undertaking or other similar matters in relation to the Borrower, and there is
no order for the appointment of a receiver, administrator, liquidator or other similar Person or authority in relation to the business,
undertaking or assets of the Borrower.
j) nothing contained herein conflicts with any applicable laws, regulations or bye laws of the Central or a State Government or
any local, revenue, tax or statutory authority, including the Securities and Exchange Board of India, the Reserve Bank of India,
stock exchange or any other authority, which is binding on the Borrower.
k) the Borrower is not in arrears of any demand including income tax, corporate tax and any other taxes, rates or levies or any
other statutory dues payable to the Central or State Governments or any local, statutory or other authority.
l) the Borrower has not been included in the list of defaulters by any regulatory/ statutory authority and/ or banks and/ or
financial institutions and/or Non-Banking Financial Companies etc.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
13. Lender may suggest Borrower an Insurance Company through whom Borrower can avail insurance as per the options
available; however, Lender would like to make it very clear that it is not mandatory to avail insurance from such Insurance
provider. Opting for Facility amount with insurance is only an intent of the Borrower and such selection is not binding on
Borrower. Such selection shall become effective only upon the Borrower explicitly instructing Lender to disburse the premium to
the Insurance Company directly by deducting from the disbursement amount, upon the Borrower complying with the formalities
as required by the Insurance Company. If Borrower have not paid any charges, fees, premium which becomes due to Lender or
its affiliates or Lender has made payment of same to any third party or an insurance company on Borrower’s behalf, Lender shall
deduct such fees from Borrower’s Facility being disbursed and Borrower shall be liable for the entire Facility Amount irrespective
of such deduction. Further avoidance of doubt Lender’s role will be limited to a facilitator while recommending name of any such
Insurance provider Company.The Borrower hereby assign the claim amount payable in the event of any total loss claim as
covered under the policy issued by the Insurer against the facility amount to the Lender and the Borrower further declares that
this receipt shall be sufficient evidence for discharge of claim to the Insurer.
The Lender may, by notice to the Borrower, suspend the right of the Borrower to disbursements or cancel the undisbursed portion
of the Loan in whole or in part or cancel the CASHe Card:
a) if any Event of Default has occurred and is continuing or if the Event of Default is, in the reasonable opinion of Lender,
imminent; or
b) if any event or condition has occurred which has or can be reasonably expected to have a material adverse effect on the
Borrower; or
c) if the total Credit Facility is not availed within the time period stipulated
15. COVENANTS
a) ensure timely payment of the Amount Due and ensure that Repayment Instrument(s) will be honored on presentation and
shall not default or delay in the repayment of outstanding amount along with any Loan amount and interest, default interest or
the Charges and dues beyond the respective due dates
b) notify the Lender in writing if it becomes aware that any representation or warranty given by it in connection with the Lender
has or will become incorrect or misleading (including by omission);
c) use the Credit Facility for the Purpose (as stipulated in the Sanction Letters) for which the Credit Facility was sanctioned and
for no other purpose whatsoever
d) the Borrower shall repay the entire Amounts Due as applicable under the Credit Facility without any failure.
e) the Borrower shall pay the collection charges, if any, incurred by the Lender on its behalf.
f) the Borrower shall bear the cost incurred by the Lender for initiating legal proceedings.
g) undertakes to repay the Loan Amount/EMI on the Repayment Date along with interest, delayed interest as applicable.
h) ensure that any break in access to the Mobile App does not release the Borrower from the obligation to pay the amount due
or repay the loan at its maturity date.
i) check the date of payment of amount due and/or Loan repayment and current Loan repayment amount logging into the user
account.
j) be liable to the Lender for correctness and accuracy of the above representations and also data provided in the Loan
Application.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
k) agrees to perform without any objection any obligations under the CASHe Card and/or Loan and in relation to performance of
such obligations, after receipt of the Loan, accepts liability for any consequences related to late payments and consequential risk.
l) ensure for abide and follow all the terms and conditions agreed through the Mobile App and also in the website of CASHe
pertaining to any change in address, mobile no and any other details.
m) ensure that in case of a change of the mobile telephone number, residential address, employment address, the Borrower is
obligated to immediately inform such Changes to the Lender.
n) read and understand the terms and conditions of loan of CASHe thoroughly before acceptance of Loan.
o) promptly inform the Lender in writing if the Borrower voluntarily or involuntarily becomes the subject of any insolvency or
bankruptcy law or proceedings
p) inform the Lender if a receiver, administrator, liquidator or other similar Person or authority is appointed or sought to be
appointed in relation to the Borrower or his assets
a) The Borrower acknowledges and authorises the Lender to deduct processing fees, other costs, insurance charges (including
any other charges), on behalf of Lender from the disbursement amount.
b) The Borrower expressly recognizes and accepts that the entire Loan is being extended by the Lender and shall also be
entitled at its discretion to engage/ avail of, at the risk and cost of the Borrower, services of any person/ third party service
provider/ agent/ agency, for anything required to be done for/ in relation to/ pursuant to the Loan, including disbursement,
collections, recovery of dues, enforcement of security, getting or verifying any information of the Borrower(s)/ assets, and any
necessary or incidental lawful acts/ deeds/ matters and things connected thereto, as the Lender may deem fit. For the purposes
as aforesaid, Lender shall be entitled to disclose to such persons/third parties all necessary and relevant information pertaining
to the Borrower(s), the Loan and such other details and the Borrower hereby expressly consents to such disclosure.
c) The Borrower authorizes Lender to engage or appoint one or more person(s) to verify any fact or information furnished by,
concerning and pertaining to the Borrower and/ or to collect any and all Borrower information or activities relating to the
administration of the Loan including the rights and authority to collect and receive on behalf of Lender all dues and unpaid
instalments and other amounts due by Borrower under this Agreement. The Borrower expressly accepts and authorizes Lender
(and/or any such third party as Lender may appoint from time to time).
d) The Borrower also authorizes Lender and any third party (authorized by the Lender) to collect data from Credit Information
Companies ("CIC”s).
e) The Borrower authorizes the Mobile App and Lender to capture all the data, details, information, mobile phone data, etc.
("Data") provided by the Borrower in the Mobile Application Form. The Lender may collect and record such Data, till the
withdrawal of consent from the Borrower, for purposes of this Agreement.
f) Notwithstanding any other provisions of the Agreement, the Lender may at any time, without the consent of the Borrower
assign its rights to any person without notice to the Borrower, or charge, assign or otherwise create security in or over, any or all
of its rights or obligations under the Agreement to any person by written notice to the Borrower. The Borrower cannot assign or
transfer any of its rights and obligations under the Agreement without the Lender's prior consent.
g) The Borrower hereby irrevocably agrees and consents to electronic and/ or digital stamping and/ or execution of this
Agreement in any manner as deemed fit by the Lender including but not limited using Aadhar or OTP or such other mode(s).
h) The Borrower hereby irrevocably agrees, consents and accepts to the Lender/ CASHe or of /through any vendor/s appointed
by the Lender, for accepting terms and conditions, relating to the facility/ security, executing and, transacting facility / security
documents, e-stamping data storage etc.
i) The Borrower hereby irrevocably agrees, accepts and consents, to receive and/or send any communication from and to the
Lender/Platform /third party vendors/agents etc. appointed by the Lender/Platform, whether by way of an SMS, email etc. on the
personal mobile numbers/ email id(s) of Borrower/ the authorised signatories and/ or on the registered mobile numbers/ email
id(s) of the Borrower with the Lender and the same shall be valid and binding upon the Borrower.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
j) That the Borrower hereby irrevocably agrees, consents and authorizes the Lender, to use the Borrower(s)/ authorized
signatories Aadhaar details and core biometric information to authenticate and verify the Borrower/ authorize signatories. The
Borrower also hereby consents to the execution and stamping of documents through CASHe.
k) That the Borrower hereby irrevocably agrees and consents that by entering the OTP of the Borrower / authorized signatories,
it shall be imply consent and be treated as a voluntarily consent of the Borrower /authorized signatories, to validate the PAN No.
and use the Aadhaar details, for Aadhaar authentication and the Borrower hereby authorizes the Lender, to fetch the Borrowers/
Authorised signatories personal details from NSDL and for UIDAI respectively.
l) The Borrower hereby irrevocably agrees and consents to the Lender availing services of third-party vendors for payment of the
stamp duty and/or electronic or digital execution of the Agreement through use of electronic or digital technology as available
under the law.
17. INDEMNITY
The Borrower hereby accepts that e-signature effected by Borrower is unequivocally binding and further indemnify the Lender for
any claims that may arise on the Lender due to utilisation of the process of e-signature.
Without prejudice to the other rights of the Parties under this Agreement or applicable law, the Borrower(s) (each an
“Indemnifying Party”) agree and undertake to, jointly and severally, indemnify, defend and hold the Lender , their respective
Affiliates and each of their respective directors, officers, employees, attorneys, associates or agents (each an “Indemnified Party”)
harmless and indemnified to the fullest extent permitted by law, from and against any and all losses, liabilities, claims, damages,
proceedings, penalties, judgments, taxes and expenses (including fees, disbursements and other charges of counsel which may
be incurred by the Indemnified Party in any action between the Indemnifying Party and the Indemnified Party or between the
Indemnified Party and the governmental authority or between the Indemnified Party and any person), incurred or suffered by the
Indemnified Party (collectively, “Losses”) arising in connection with or as a result of:
a. Any representations or warranties of the Indemnifying Party being or becoming incorrect, or any undertakings or covenants
as contained in this Agreement being breached by such Indemnifying Party;
Borrower expressly understands and acknowledges that the Lender shall not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses, even if the Lender has been advised of the possibility of such damages
19.1 Any and all disputes or differences between the parties to the Agreement, arising out of or in connection with this
Agreement or its performance shall, so far as it is possible, be settled by negotiations between the parties amicably through
consultation.
19.2 Any dispute or difference arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of
the Court/Tribunal of the city where the Lender’s office is situated.
Provided that to the extent allowed by law, the Lender shall be entitled to initiate proceedings relating to the dispute in any Court/
Tribunal of any other place which has jurisdiction. Provided further that if any dispute arising under this Agreement shall be
referred to arbitration, in accordance with the Arbitration and
Conciliation Act, 1996.The seat of arbitration shall be the city where the Lender office is situated and the arbitration shall be
conducted in the English language. The arbitral tribunal shall constitute of a single arbitrator, to be appointed by Lender.
The award of the arbitrators shall be final and binding upon the Parties. This Agreement shall be construed in accordance with
the laws of India and the courts of law shall be the city where the Lender office is situated and shall have jurisdiction on the
matters arising out of or in connection with this Agreement.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
19.3 Nothing in this clause shall limit the right of the Lender to bring proceedings, including third party proceedings against the
Borrower in any other court of competent jurisdiction, and the bringing or continuing of proceedings in any one or more
jurisdictions shall not preclude the bringing of proceedings in any other jurisdiction, whether concurrently or not, if and to the
extent permitted by applicable law.
21.The details of the Designated Grievance Redressal Officer and the procedure for redressal of grievances for the Lender have
been placed on the website https://www.bhanixfinance.com MISCELLANEOUS
a) Except as otherwise provided herein, all fees and expenses incurred in connection with or related to this Agreement shall be
paid solely by the Borrower. The Borrower shall be solely liable to pay any tax, stamp duty, stamp duty penalties, registration fees,
penalties as may be incurred by the Borrower or the Lender, for performance or enforcement of this Agreement. It is hereby
clarified that any tax, stamp duty, stamp duty penalties, registration fees, penalties which are paid by Lender, shall form part of the
overall obligations of the Borrower under this Agreement and the Borrower shall pay such amounts to the Lender.
b) English shall be used in all correspondence and communications between the Parties.
c) Notwithstanding anything stated in this Agreement, it is expressly agreed by the Borrower that the Lender shall not be bound
to continue the Loan or make any disbursement, and the Lender may, in its sole and exclusive discretion, at any time, without
assigning any reason, decline to make a disbursement or otherwise discontinue the Loan consequently recalling the entire Loan,
which decision shall be binding on, and shall not be questioned by, the Borrower, and the Lender shall not be liable for any
damages or other consequences to the Borrower or any other Person by reason thereof. English shall be used in all
correspondence and communications between the Parties.
d) If the Borrower authorizes any other person to transact with the Lender, then such act of the authorized person shall be
binding on the Borrower.
e) The Borrower expressly agrees and acknowledges to have read and understood the terms applicable for availing the Loan
and be bound by such terms and conditions (as amended by the Lender from time to time) at all times during the tenure of the
Loan.
f) The Parties hereto confirm and acknowledge that this Agreement, the sanction letter issued to the Borrower in relation to the
Loan, Mobile Application Form, Privacy Policy, Terms and Conditions mention in Mobile App and website of CASHe and the
Annexure(s) herein, constitute the entire Agreement between them and shall supersede and override all previous
communications, either oral or written, between the parties with respect to the subject matter of this Agreement, and no
agreement or understanding varying or extending the same shall be binding upon any Party hereto unless arising out of the
specific provisions of this Agreement.
g) Notwithstanding anything to the contrary contained in the Agreement, the Lender shall have the right (in full or in part) to
assign and/ or transfer and/ or novate its rights or obligations under this Agreement and/ or the outstanding amount or other
arrangement for risk sharing, whether with or without recourse to the Lender, to one or more banks or any other entity, trust, any
association, without any reference or notice to the Borrower.
h) Notwithstanding any provision of this Agreement, Lender will not be liable for loss (whether direct, consequential or loss of
profit, data or interest) or damage suffered by any Party arising out of:
i. Any delay or failure by the Lender in performing any of its duties under this Agreement or other obligations caused in whole or
in part by any steps which the Lender, in its sole and absolute discretion, considers appropriate to take in accordance with all
such applicable laws and regulations; or
ii. The exercise of any of the Lender’s rights under this Agreement.
i) Any delay or failure by the Lender in performing any of its duties under this Contract or other obligations caused in whole or in
part by any steps which the Lender, in its sole and absolute discretion, considers appropriate to take in accordance with all such
applicable laws and regulations
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
j) Notwithstanding any suspension or termination of this Agreement, all the provisions of this Agreement for the benefit or
protection of the Lender and its interests shall continue to be in full force and effect as specifically provided in this Agreement.
The Borrower hereby confirms that he/ she has received copy of the Application Form, Sanction Letter, this Agreement and the
Terms and Conditions applicable for Facility and have understood the terms and conditions contained therein.
IN WITNESS WHEREOF the Parties have executed this Agreement on the day and the year as mentioned in the Annexure.
Signature
Date: 20-08-2022
Place: Mumbai
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
ANNEXURE
Repayment Details:
Account Name: BHANIX FINANCE AND INVESTMENT LIMITED
Account No: 999990012420192
Bank Name: Kotak Mahindra Bank
IFSC Code : KKBK0000958
Account Type: Current
Important Definitions:
• Credit Limit: This is the maximum limit assigned to the Borrower. Your total outstanding including all Pay Later transactions,
Merchant EMI Loans, Conversion to EMIs, Loan Conversions, Cash Withdrawal, fee and charges should not exceed this limit.
• Cash Withdrawal Facility:Credit limit assigned to the Borrower can be withdrawn as Cash from any ATM basis the discretion of
the Lender.
• Loan Facility:Credit limit assigned to the Borrower can be converted to Personal Loan for different tenures basis the discretion
of the Lender.
Sr. No. EMI Product/Payment Plan Rate of Interest (per month) Annualised rate of interest
1 CASHe 90 days 2.50 % 44.5 %
2 CASHe 180 days 2.40 % 47.8 %
3 CASHe 270 days 2.25 % 46.3 %
4 CASHe 360 days 2.25 % 46.6 %
5 CASHe 540 days 2.25 % 46.2 %
Note: This is a tentative repayment schedule and may be modified based on exact date of disbursement. The total interest will be
apportioned across the tenure of the Loan. The rate of interest may be varied at the time of disbursement depending on CASHe
crown classification. As per the terms and conditions, 3% per month (36.5% per annum) will be charged as delayed interest.
Processing fees and other charges as applicable at the time of disbursement. Repayment schedule will be drawn at the time of
availing the facility and will be communicated via email.
• Pay Later Facility: The Borrower can make purchases by opting for payment through this Facility at the checkout on any
merchant platform or store using the CASHe Card by using the card number and PIN set by the Cardholder on the App. The credit
facility utilized under this will be billed to the cardholder at the end of the billing cycle and will be payable in full on due date within
the grace period of 5 days without any Interest or charges. The Borrower can choose to pay in full or in part by choosing the EMI
facility and converting the outstanding to EMI along with applicable Interest & charges. In a scenario where the borrower fails to
pay either in full or fails to communicate/ apply for the conversion of outstanding into EMI within the Interest free period, the
outstanding amount will be due in full and Late Payment charges along with Interest, broken interest and processing fee will
become due.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
• EMI Facility:Transactions done by borrower can be converted to Equated Monthly Instalments (EMI) for different tenures as
per the discretion of the Lender under any of the Products available & mentioned in the below table. The payment schedule will be
dependant basis the EMI product opted by the borrower. Under this facility the borrower will be billed the applicable interest,
broken interest and processing fee.
Sr. No. EMI Product/Payment Plan Rate of Interest (per month) Annualised rate of interest
1 CASHe 90 days 2.50 % 44.5 %
2 CASHe 180 days 2.40 % 47.8 %
3 CASHe 270 days 2.25 % 46.3 %
4 CASHe 360 days 2.25 % 46.6 %
5 CASHe 540 days 2.25 % 46.2 %
Note: This is a tentative repayment schedule and may be modified based on exact date of disbursement. The total interest will be
apportioned across the tenure of the Loan. The rate of interest may be varied at the time of disbursement depending on CASHe
crown classification. As per the terms and conditions, 3% per month (36.5% per annum) will be charged as delayed interest.
Processing fees and other charges as applicable at the time of disbursement. Repayment schedule will be drawn at the time of
availing the facility and will be communicated via email.
Merchant EMI Facility:The credit Line assigned to the borrower can also be utilized in the form of Merchant EMI Loans available
for any of our merchant partners at a lower Interest rate as applicable at the time of booking or on the CASHe App under ‘Shop’
Tab. The Merchant EMI will be treated as a Loan facility and the interest & charges will be applicable accordingly.
• Available Credit Limit: The available Credit Limit at any time is the difference between assigned Credit Limit & Outstanding
balance on the Card at that point of time.
• The credit limits will vary for each Cardholder and will be disclosed in the monthly bill sent to the Cardholder
• Interest, Fees & Charges for CASHe Card will be as per the schedule of charges communicated to the Borrower at time of
issuance of Card.
Note: This is a tentative repayment schedule and may be modified based on exact date of disbursement. The total interest will be
apportioned across the tenure of the Loan. The rate of interest may be varied at the time of disbursement depending on CASHe
crown classification. As per the terms and conditions, 3% per month (36.5% per annum) will be charged as delayed interest.
Processing fees and other charges as applicable at the time of disbursement. Repayment schedule will be drawn at the time of
availing the facility and will be communicated via email.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
Rate of Interest applicable for CASHe products are as follows:
Sr. No. Product Rate of Interest (per month) Annualised rate of interest
1 CASHe 90 days 2.50 % 44.5 %
2 CASHe 180 days 2.40 % 47.8 %
3 CASHe 270 days 2.25 % 46.3 %
4 CASHe 360 days 2.25 % 46.6 %
5 CASHe 540 days 2.25 % 46.2 %
6 CASHe Shopping Products 180 days 0.75 % 15.3 %
7 CASHe Shopping Products 180 days 0.50 % 10.2 %
8 CASHe Shopping Products 90 days 0.25 % 5.1 %
9 CASHe Shopping Products 90 days 0.50 % 9.0 %
10 CASHe 90 (Google Pay Spot) 2.25 % 46.3 %
11 CASHe 180 (Google Pay Spot) 2.25 % 46.3 %
Note:This is a tentative repayment schedule and may be modified based on exact date of disbursement
a. If the repayment date with respect to the loan falls on March 31st, and the relevant outstanding amounts payable on such
date is not received in full on such repayment date, before the Lender runs the day-end process with respect to classification of
their borrower accounts for the repayment date, the date of overdue shall be March 31st.
b. In the event the Loan continues to remain overdue, then the loan account shall be tagged as SMA-1 upon running day-end
process on the 30th day from March 31st i.e. upon completion of 30 days of the Loan being continuously overdue. Accordingly,
the date of SMA-1 classification for that account shall be 30th April.
c. Similarly, if the Loan continues to remain overdue after it being classified as SMA-1, it shall be tagged as SMA-2 upon running
day-end process on the 60th day from March 31st i.e. on 30th May.
d. In the event of the Loan continuing to remain overdue further, it shall become classified as NPA upon running day- end
process on the 90th day from March 31st i.e. on 29th June.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com
Note:
1. The total interest will be apportioned across the tenure of the Loan. The rate of interest may be varied at the time of
disbursement depending on CASHe crown classification.
2. As per the terms and conditions, 3% per month (36.5% per annum) will be charged as delayed interest.
3. Processing fees up to 2.5% and other charges up to 5.5% as applicable at the time of disbursement.
5. Insurance charges (If any) will be deducted from the loan amount at the time of disbursement.
6. Repayment schedule will be drawn at the time of availing the facility and will be communicated via email.
Regd. Office: 5th Floor, Paville House, Twin Towers Lane, Prabhadevi, Mumbai-400025, MH
RBI Registration Number: B-13.02211 | CIN: U65910MH1996PLC300645 | www.bhanixfinance.com