Terms and Conditions - Kissht Digital Lending Services

About Kissht

Welcome to https://kissht.com (the Site). Kissht is a Digital Lending Application owned and operated by OnEMI Technology Solutions Limited.

Services Provided

Kissht facilitates loan origination for financing partners, offering a wide range of financial products to its customers including:

Business Model

Kissht provides financial technology solutions enabling the use of instalment solutions for consumers, and provides a technology platform for finance, credit and lending perspective. It further provides customer acquisition and loan origination services to its financiers/lending partners ("Financiers").

As a Lending Service Provider (LSP), Kissht offers outsourced services including monitoring and collection of loans to its various financing partners, in accordance with the terms and conditions set forth in the servicing agreement signed by the parties. By operating as LSP, Kissht provides quick finance solutions to its wide range of customers within India, further broadening its reach and capabilities in offering financial products.

Terms of Use Agreement

Use of this Site is subject to your acceptance of the Terms of Use (ToU) and linked Privacy Policy. Please read these documents carefully before using the Site.

Important Notices

Terms and Conditions for Loan Application

Application Requirements and Acceptance

  1. Schedule of Charges: The user hereby accepts the applicable schedule of charges, fees, commissions including the key fact statement provided by financing partners and detailed in the "Schedule of Charges" of this ToU.

  2. Taxation: The Goods & Services tax and/or such other tax as applicable shall be charged in connection with the loan.

  3. No Additional Offers: Kissht and its authorized representatives shall not offer any additional discounts, free gifts or any other commitment whatsoever to the Customers beyond what is explicitly documented herein.

  4. Application Processing: Kissht shall not process incomplete/defective application form, for which if any loss or delay is caused to Customer, The Customer will not hold Kissht liable for such loss or delay.

  5. Approval Discretion: Submission of loan application to Kissht does not guarantee approval. The Financer reserves the right to decide the loan amount and approve or reject the application at its sole and absolute discretion.

Information Disclosure and Credit Reporting

  1. Credit Bureau Reporting: The Financer reserves the right to disclose information relating to the Customer, including personal information, details in relation to Loan, defaults, security, etc. to:

    • Credit Information Bureau of India (CIBIL)
    • Any other governmental/regulatory/statutory or private agency/entity
    • Credit bureaus
    • The Financer's other branches/subsidiaries/affiliates/rating agencies
    • Service providers
    • Other banks/financial institutions
    • Any third parties
    • Any assignees/potential assignees or transferees

    This information may be processed and published as deemed necessary by the publisher/Company, including publishing the name as part of wilful defaulter's list from time to time, for KYC information verification, credit risk analysis, or for other related purposes.

  2. Application Retention: The Financer reserves its right to reject the loan application and retain the loan application form along with the photograph, information and documents.

Payment Terms and Penalties

  1. Delayed Payment Charges: In the event of any delayed payments, the Financer reserves the right to charge penal charges to the Customer as specified in the Schedule of Charges, in addition to exercising all other rights and remedies available under this ToU. The Customer agrees to furnish any additional documents as and when required by the Financer.

Customer Declarations

  1. No Legal Impediments: There is no impediment or restriction (whether legal or judicial) against customers and/or their asset filed/reported by any other bank/financer.

  2. Fund Usage: The funds shall be used for the purpose for which loan has been applied and will not be used for speculative or illegal purpose.

  3. Information Accuracy: The Customer hereby accepts that the information furnished by Customers is true and accurate.

  4. Politically Exposed Person (PEP) Declaration: The Customer agrees that he/she is not a Politically Exposed Person (PEP). "Politically Exposed Persons" (PEPs) are individuals who are or have been entrusted with prominent public functions by a foreign country, including:

    • Heads of States/Governments
    • Senior politicians
    • Senior government or judicial or military officers
    • Senior executives of state-owned corporations
    • Important political party officials

    The customer further undertakes to immediately intimate the Financiers in the event that he/she and/or any of their family members/close relatives becomes a PEP. In this situation, the Financiers will seek senior management approval to sustain the business relationship. The account will then undergo Customer Due Diligence procedures, including ongoing enhanced monitoring, as required for PEP category customers.

Other Declarations

Authorization and Consent

  1. Information Disclosure Authorization: Customers hereby authorize and give consent to the Financer to disclose, without notice any information provided in the application form(s)/and related documents executed/to be executed in relation to the facilities to be availed by customers from the Financer, to:

    • The Financer's other branches/subsidiaries/affiliates
    • Credit Bureaus
    • Rating Agencies
    • Service Providers
    • Banks/financial institutions
    • Governmental/regulatory authorities
    • Third parties for information verification, credit risk analysis, or for other related purposes that the Financer may deem fit

    By accepting these terms, the Customers waives the privilege of privacy and privity of contract.

  2. Terms Acknowledgment: Customers hereby confirm having received, read and understood the terms and conditions applicable to this loan including the application form and the Terms and Conditions/Agreement and accept the same.

  3. Citizenship: Customer confirms that he/she is citizen of India.

  4. Product Delivery Disclaimer: Customers confirm that Kissht shall not be liable for any delay in delivery or no delivery of the product and or with respect to the quality, condition, fitness, suitability or otherwise whatsoever of the said Product.

  5. PEP Status Confirmation: Customers hereby confirm that he/she and his/her family members are not politically exposed person. Customers further declare that any time in future if there is any change in the status as declared above, He/She shall promptly inform us in writing. Customers is aware that a false declaration could render him/her liable to prosecution under the applicable act, rules and regulations.

Customer Confirmations

Loan Cancellation and Processing

  1. Cancellation Terms: In the case of loan cancellation, the applicable pro-rata Annualised Percentage Rate on any outstanding loan amount will have to be borne by Customers and understand that Processing Fee is non-refundable charges and would not be waived/refunded in case of loan cancellation or where the loan has not been disbursed. Provided this clause shall not apply in case of the cooling off/look-up period.

  2. Conditional Approval: The offer-cum sanction or any other loan communication received by Customers online is only be a conditional approval and shall not give rise to any obligations to the Financer to disburse the loan or otherwise. The offer-cum sanction approval shall be subject to the final sanction issued by the Financer after receipt of all documents including KYC documents from me.

  3. Loan Documentation: The loan related information like "welcome letter", "key fact statement", "Most important terms and conditions (MITC)", will be sent on the verified e-mail id or through SMS provided by the Customer.

  4. Mobile App Access: Customers can login in the Kissht Mobile App to view the welcome letter and repayment schedule.

  5. Statement Queries: If Customers desire to question any statement or any part thereof Customers shall furnish the Financer full details of the same. It is however the Customers shall not be entitled to withhold or delay the payment of the instalments regardless of any inaccuracies in the statement or on any other ground.

Payment of EMI Dues

Customer Agreements on Payment

  1. NACH Mandate: Customers have given NACH Mandate in favour of the Financer covering all the amounts due to the Financer under these Terms & Conditions including the EMI towards the Sanctioned Loan as stipulated herein or that the Customer hereby confirms/agrees to pay the amounts due to Financer on or before the dates provided in repayment schedule.

  2. Fund Availability: Customers shall ensure availability of funds in the account on which such NACH Mandate/have been drawn and that the Customers will not at any time close his account and/or issue any notice instructing the Financer not to present any of such NACH Mandate towards repayment of EMI payable by the Borrower to the Financer under these Terms & Conditions.

  3. Credit Score Access: As a part of the loan application, the Financer may require to access Customer's CIBIL/Credit score. Customers authorize the Financer to make any enquiries with any other finance company/bank/registered credit bureau regarding customer's credit history with them.

  4. Marketing Communications: Customers, would like to know through telephonic calls, or SMS on their mobile number mentioned in the Application Form as well as in this undertaking, or through any other communication mode, various loan offer schemes from the Financer or loan promotional schemes or any other promotional schemes and hereby authorize the Financer, it's employees, agents, associates to do so. Customers confirm 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 the Financer, its employees or agents and have read and agree by the privacy policy of Kissht at https://kissht.com/privacy-policy/

  5. Governing Documents: The loan will be governed by separate terms and conditions and/or other documents ("Loan Documents") entered into with the Financer as the case may be. In case of any inconsistency between these terms and conditions and the provisions of the Loan Documents, the provisions of the Loan Documents shall prevail.

  6. Website Responsibility: Kissht is solely responsible for the website https://kissht.com and all contents thereof and for all data or information that may be submitted thereon as also for all products and services offered therein.

Other Terms & Conditions

Security and Access

  1. Password Confidentiality: It will be the sole responsibility of the Customer to ensure that the use of name and password are kept confidential and not disclosed to any third party, including any representative of Kissht, or its agents and shall take all possible care to prevent discovery of the under name or password by any person.

  2. Service Timeliness: Kissht makes no representations about the timeliness, of the services contained on the Kissht web site for any purpose.

  3. Service Suitability: Kissht makes no representations about the suitability, reliability, availability, of the services contained on the Kissht web site for any purpose.

  4. Information Integrity: Kissht shall not be responsible if any information/database/statement/certificate/page is printed/downloaded from Kissht's site and after printing/downloading complete/partial, text/information is altered/removed/obscured contained therein.

Liability Limitations

  1. Damages Disclaimer: Kissht, at no event, be liable/responsible for any direct, indirect, punitive, incidental, special, consequential damages or any damages for the delay or inability to use the Kissht web site, or failure to provide services, or for any information, date, statement, certificate, software, and any other services obtained through the Kissht web sites, or otherwise arising out of the use of Kissht web site.

  2. Service Suspension: Kissht reserves the right to suspend these services if in Kissht's opinion security of the site or of the data could be compromised.

  3. Account Suspension: Kissht may also suspend services on the web site for any customer at its sole discretion without assigning any reason whatsoever. In such event user shall contact Kissht offices for any clarification.

Interest Rates

Kissht provides loans to customers through a fixed rate loan structure. The products offered and the interest rate charged on different products are as follows:

# Parameters Long-Term Loans >48m to 60m Long-Term Loans 36m to 48m Long-Term Loans 6m to <36m
1 Rate of Interest (%) Up to 36% p.a. Up to 36% p.a. Up to 36% p.a.

Schedule of Charges

Sr No. Parameters Long-Term Loans >48m to 60m Long-Term Loans 36m to 48m Long-Term Loans 6m to <36m
1 Processing fees Up to 7% Up to 7% Up to 7%
2 Cooling off Period and Charges 3 days
Charges: up to 100% of processing fees may be levied for loan foreclosure during the cooling off period
3 days
Charges: up to 100% of processing fees may be levied for loan foreclosure during the cooling off period
3 days
Charges: up to 100% of processing fees may be levied for loan foreclosure during the cooling off period
3 Lock-in Period and Fees Lock-in period: 18 months
Fees: For loans closed during the lock-in period, lock-in fees may be applied. Lock-in fees will be equal to the total scheduled but unpaid interest for lock-in period as per the repayment schedule.
Lock-in period: 18 months
Fees: For loans closed during the lock-in period, lock-in fees may be applied. Lock-in fees will be equal to the total scheduled but unpaid interest for lock-in period as per the repayment schedule.
Lock-in period:
• 6m to 11m loan: 3 months
• 12m to 17m loan: 6 months
• 18m to 23m loan: 9 months
• 24m to 35m loan: 12 months
Fees: For loans closed during the lock-in period, lock-in fees may be applied. Lock-in fees will be equal to the total scheduled but unpaid interest for lock-in period as per the repayment schedule.
4 Foreclosure and part prepayment charges Up to 7% of amount foreclosed/prepaid Up to 7% of amount foreclosed/prepaid Up to 7% of amount foreclosed/prepaid
5a One-time charges Up to Rs. 1,500 Up to Rs. 1,500 Up to Rs. 1,500
5b Daily Penal Charges Penal Charges for a continuing default in repayment of an EMI. Daily charges of up to 0.2% of the overdue principal amount Penal Charges for a continuing default in repayment of an EMI. Daily charges of up to 0.2% of the overdue principal amount Penal Charges for a continuing default in repayment of an EMI. Daily charges of up to 0.2% of the overdue principal amount
6 Other Charges Stamp duty, GST, and other cess, if applicable would be collected at applicable rates from time to time. Stamp duty, GST, and other cess, if applicable would be collected at applicable rates from time to time. Stamp duty, GST, and other cess, if applicable would be collected at applicable rates from time to time.

Changes to Website or Policy

  1. Modification Rights: Kissht reserves the right to modify the User Interface, appearance, contents, organization, location and accessibility of the Website and/or the Policy on Website Use at any time without prior notice.

  2. User Responsibility: The User is expected to keep himself/herself updated of any changes made in this Website and the information available on it on a regular basis and Kissht undertakes no responsibility about advising/intimating the User about any such changes.

  3. Accuracy Disclaimer: It is imperative to note that Kissht has taken required efforts to ensure that the information/statement/certificate provided on Kissht's Web Site is reasonably accurate, however, Kissht does not warrant its accuracy, completeness or suitability, correctness, adequacy validity, whatsoever for any purpose. As such database provided is without any warranty, express or implied, as to their legal effect.

Non-Compliance with Policy/Terms of Website Use

If you (User) breach the terms & conditions/Policy on Website Use in any way, or if we suspect that you have breached these terms & conditions/Policy on Website Use in any way, Kissht may take necessary steps as follows:

  1. Send you one or more formal warnings
  2. Temporarily/permanently block your access to the Website
  3. Block all computers/devices using your IP address from accessing the Website
  4. Request your internet service providers to block your access to Website
  5. Commence legal action against you, for recovery of amounts due or damages arising out of your breach of terms & conditions/Policy on Website Use
  6. Suspend or delete your account on Website

Indemnification

The User herein agrees to indemnify and hold us harmless from and against any and all claims, action, liability, cost, loss, damage, endured by us by your access to the Website.

Links to Other Sites

The Website may offer links to sites that are not under Kissht's control. If the Customers (Users) visit any of these links, it's their responsibility to review each site's terms of use. Kissht does not assume any responsibility/liability for any obligations or offers given on such sites and is neither responsible for the contents, policies and practices of such sites as well as Kissht is not liable for any loss, damage or expense arising from use of such sites.

Governing Law

The use of this Website and the Policy on Website Use shall be governed by Indian law. The Policy on Website Use and your activity under this Policy are an 'electronic record' in accordance with the (Indian) Information Technology Act, 2000.

Limitation of Liability

General Disclaimers

Though, Kissht has taken proper care/precaution to make the database reliable, Kissht will not be held responsible for any liability that may arise out of any such error in the data base. Further, Kissht does not represent/claim that Kissht's Web Site is free of viruses or harmful components.

Use at Own Risk

Use of any information/statement/certificate on Kissht's Web site shall be at your own risk. All information/statements/certificates should be used in accordance with applicable laws. Kissht, its subsidiary companies, its affiliates, and their directors and employees, accept no liability and will not be liable for any loss or damage arising directly or indirectly from use of this Website.

Discrepancy Resolution

In case of transaction/statement/certificate is not in agreement with your record or with the information that you have, you are requested to write to Kissht. You are free to mail your queries on [email protected].

"As Is" Basis

Kissht has provided information/data base on the Web Site on an "as is where is" basis. Kissht expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including, but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Comprehensive Disclaimer

Kissht disclaims all responsibility for any loss, damage or expense arising from, but not limited to:

This applies even if the Entities are advised of the possibility of such damages, losses or expenses.

Contact Information

Email: [email protected]

Phone Numbers:

Location: Mumbai, Maharashtra

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