Terms and Conditions - Kissht Digital Lending Application

Overview of Kissht Services

Kissht is a Digital Lending Application owned and operated by OnEMI Technology Solutions Limited. The platform is accessible at https://kissht.com and provides comprehensive financial technology solutions.

Core Services Provided

Kissht facilitates loan origination for financing partners and offers a wide range of financial products to customers:

Role as Lending Service Provider (LSP)

As a Lending Service Provider (LSP), Kissht offers outsourced services including:

Acceptance of Terms of Use

Use of the Kissht website is subject to acceptance of the Terms of Use (ToU) and linked Privacy Policy. All individuals (customers or users) visiting https://kissht.com are required to read and understand the Terms of Use prior to using the website.

Important Notices

Terms and Conditions for Loan Application

Application Requirements and Acceptance

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

  2. Taxation: 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 customers beyond what is explicitly documented.

  4. Application Processing: Kissht shall not process incomplete/defective application forms. If any loss or delay is caused to the customer due to incomplete applications, 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

The Financer reserves the right to disclose information relating to the customer, including:

Information may be disclosed to:

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

Financer Rights and Customer Obligations

  1. 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.

  2. Delayed Payment Penalties: 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 the ToU. The customer agrees to furnish any additional documents as and when required by the Financer.

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

  4. 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 purposes.

  5. Information Accuracy: The customer accepts that the information furnished by customers is true and accurate.

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

The customer 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.

Customer Declarations

Authorization and Consent

  1. Information Disclosure Authorization: Customers 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 other related purposes

    By accepting these terms, customers waive the privilege of privacy and privity of contract.

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

  3. Citizenship: Customer confirms that he/she is a 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 confirm that he/she and his/her family members are not politically exposed persons. Customers further declare that any time in future if there is any change in the status as declared above, he/she shall promptly inform in writing. Customers are aware that a false declaration could render him/her liable to prosecution under the applicable act, rules and regulations.

Loan Cancellation and Communication

Customers also confirm that:

  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. 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. 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 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.

  3. Loan Communications: 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. However, 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

Payment Terms and Agreements

Customers hereby agree that:

  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, or the customer 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 customers will not at any time close the 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, or through any other communication mode, various loan offer schemes from the Financer or loan promotional schemes or any other promotional schemes. Customers authorize the Financer, its 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. Customers have read and agree to the privacy policy of Kissht at https://kissht.com/privacy-policy/

  5. Loan Document Governance: 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 and Conditions

User Responsibilities and Security

  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. Customers shall take all possible care to prevent discovery of the username or password by any person.

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

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

  4. Printed Content Alteration: 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.

  5. Limitation of Damages: Kissht, at no event, shall be liable/responsible for any direct, indirect, punitive, incidental, special, consequential damages or any damages for the delay or inability to use the Kissht website, or failure to provide services, or for any information, data, statement, certificate, software, and any other services obtained through the Kissht websites, or otherwise arising out of the use of Kissht website.

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

  7. Discretionary Suspension: Kissht may also suspend services on the website 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:

Product Category Loan Tenure Rate of Interest
Long-Term Loans Greater than 48 months to 60 months Up to 36% p.a.
Long-Term Loans 36 months to 48 months Up to 36% p.a.
Long-Term Loans 6 months to less than 36 months Up to 36% p.a.

Schedule of Charges

Comprehensive Fee Structure

Fee Type Long-Term Loans >48m to 60m Long-Term Loans 36m to 48m Long-Term Loans 6m to <36m
Processing Fees Up to 7% Up to 7% Up to 7%
Cooling Off Period 3 days 3 days 3 days
Cooling Off Period Charges Up to 100% of processing fees may be levied for loan foreclosure during the cooling off period Up to 100% of processing fees may be levied for loan foreclosure during the cooling off period Up to 100% of processing fees may be levied for loan foreclosure during the cooling off period
Lock-in Period 18 months 18 months 6m to 11m loan: 3 months
12m to 17m loan: 6 months
18m to 23m loan: 9 months
24m to 35m loan: 12 months
Lock-in Period 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. 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. 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.
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
One-time Charges Up to Rs. 1,500 Up to Rs. 1,500 Up to Rs. 1,500
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
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

Modification Rights

  1. Right to Modify: 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. Kissht undertakes no responsibility about advising/intimating the user about any such changes.

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

Non-Compliance with Policy/Terms of Website Use

Enforcement Actions

If a user breaches the terms & conditions/Policy on Website Use in any way, or if Kissht suspects that a user has breached these terms & conditions/Policy on Website Use in any way, Kissht may take necessary steps as follows:

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

Indemnification

The user agrees to indemnify and hold Kissht harmless from and against any and all claims, action, liability, cost, loss, damage, endured by Kissht by the user's access to the Website.

Links to Other Sites

The Website may offer links to sites that are not under Kissht's control. If customers (users) visit any of these links, it is their responsibility to review each site's terms of use.

Kissht does not assume any responsibility/liability for:

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 user activity under this Policy are an 'electronic record' in accordance with the (Indian) Information Technology Act, 2000.

Limitation of Liability

Disclaimer of Warranties

Kissht has provided information/database on the Website 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 limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Liability Limitations

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 database. Further, Kissht does not represent/claim that Kissht's website is free of viruses or harmful components.

Use of any information/statement/certificate on Kissht's website shall be at the user's 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.

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

This applies even if Kissht is advised of the possibility of such damages, losses or expenses.

Contact Information

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 to:

Email: [email protected]

Website Information

Primary Website: https://kissht.com

Privacy Policy: https://kissht.com/privacy-policy/

Terms of Service Page: https://www.kissht.com/terms-of-service-app