LUCKY HOLDINGS-credit loan Loan Agreement
Terms used in this document (including the Appendices) are defined in Appendix 1. The rules for interpreting the provisions of this document are also set out in Appendix 1.
We may offer a Personal Loan with such features and on such terms and conditions as we may specify from time to time. We may introduce new types of Personal Loans or withdraw any existing types of Personal Loans or vary their respective features and scope from time to time.
We may set Classifications of Personal Loan with different Features. The Features may include enhanced services preferential terms, preferential interest rates, or special promotions.
We may introduce new Classifications, vary/withdraw any existing Classifications, or vary the Features of a Classification of Personal loan from time to time.
In respect of Personal Loans availed by you from us, we are the Lender, and you are the Borrower. Other types of relationships may arise between us depending on the Services provided.
Subject to the provisions of the Personal Loan contract/s between us, you may terminate your Personal Loan by giving us prior written notice of such period as we may accept subject to costs of pre-terminating the Personal Loan, as applicable, which shall be for your account.
Without limiting or reducing our termination right, we may suspend or terminate all or any part of the Services and your Personal Loan if any of the following events occur or continue for which you will be duly notified:
a. you fail to pay any amount due and payable by you or perform any other obligations in relation to your Personal Loan or you breach any of the provisions of these Terms and Conditions or the Applicable Regulations.
b. a petition/action for insolvency, receivership, or liquidation, or any analogous petition/action/proceeding is filed by/against you.
c. a legal order or request is binding on the Personal Loan maintained by you with us;
d. any other event (including any Applicable Regulations) which, in our opinion, renders suspension or termination of your Personal Loan.
If all or any part of your Personal Loan is suspended or terminated for any reason whether by you or by us, we have the right to do any of the following:
a. cancel any instruction that we have not executed at the time of suspension or termination.
b. complete any transaction that we have effected on your behalf before suspension or termination; or
c. exercise any of our rights. Even after the suspension or termination of all or any part of your Personal Loan, you remain responsible for performing and discharging any of your obligations or liabilities created or accrued before suspension or termination.
“Authorities” includes any judicial, administrative, public, or regulatory body, any government, any law authority, securities, or futures exchange, court, central bank, or law enforcement body, or any of their agents with jurisdiction over any part of Our App.
“Connected Person” means a person or entity (other than you) whose information (including Personal Data or Tax Information) you provide, or which is provided on your behalf, in connection with the provision of the Services. A Connected Person may include but is not limited to, any guarantor, a director or officer of a company, partners or members of a partnership, any substantial owner, controlling person, or beneficial owner, trustee, settler, or protector of a trust, account holder of a designated account, payee of a designated payment, your representative, agent or nominee, or any other persons or entities with whom you have a relationship that is relevant to your relationship.
“Customer Information” means your Personal Data, confidential information, and/or Tax information, or that of a Connected Person, including relevant information about you, or that of a Connected Person, your transactions, and your use of our products and services.
“Financial Crime” means money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions, and/or any acts or attempts to circumvent or violate any Laws relating to these matters.
“Laws” include any local or foreign law, regulation, judgment or court order, voluntary code, sanctions regime, etc.
“Personal Data” means any information, whether recorded in a material form or not, (a) from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual, (b) about an individual's race, ethnic origin marital status, age, color gender, health, education, and religious affiliations, (c) referring to any proceeding for any offense committed or alleged to have been committed by such individual, the disposal of such proceedings, or the sentence of any court in such proceedings, and (d) issued by government agencies peculiar to an individual which includes, but not limited to social security numbers and licenses.
“Services” include (a) the opening, maintaining, and closing of your bank accounts, (b) providing you with credit facilities and other banking products and services, processing applications, credit and eligibility assessment, and (c) maintaining our overall relationship with you, including marketing services or products to you, market research, insurance, audit, and administrative purposes.
“Tax Authorities” means India or foreign tax, revenue, or monetary authorities (for example, Her Majesty's Revenue and Customs).
Customer information will not be disclosed to anyone, other than where:
a. We are legally required to disclose.
b. We have a public duty to disclose.
c. Our or a third party's legitimate business purposes require disclosure.
d. The disclosure is made with your consent, or
e. It is disclosed as set out in this clause.
We and other partners or subcontractors may collect, use, and share Customer information. Customer Information may be requested by us or on our behalf and may be collected from you directly, from a person acting on your behalf, from other sources (including from publicly available information), and it may be generated or combined with other information available to us.
Customer information will be processed, transferred, and disclosed by using in connection with the following Purposes:
a. the provision of Services and to approve, manage, administer, or effect any transactions that you request or authorize.
b. meeting Compliance Obligations
c. conducting Financial Crime Risk management activity
d. collecting any amounts due and outstanding from you.
e. conducting credit checks and obtaining or providing credit references.
f. enforcing or defending our rights. for our internal operational requirements (including credit and risk management system or product development and planning, insurance, audit, and administrative purposes).
g. maintaining our overall relationship with you including marketing or promoting financial services or related products and market research (the "Purposes").
By using the Services provided by us, LUCKY HOLDINGS-credit loan, you agree that we may, as necessary and appropriate for the Purposes, transfer and disclose any Customer information to the following recipients globally (who may also process, transfer, and disclose such Customer Information for the Purposes).
a. any sub-contractors, agents, service providers, or associates (including their employees, directors, and officers).
b. any Authorities, in response to their requests.
c. persons acting on your behalf, payment recipients, beneficiaries, account nominees, intermediary correspondents, agent banks, clearing houses, clearing or settlement systems, market counterparties, upstream withholding agents, swap or trade repositories, stock exchanges, companies in which you have an interest in securities (where such securities are held by us for you).
d. any party to a transaction acquiring interest in, or assuming risk in, or in connection with, the Services. Other financial institutions, credit reference agencies, or credit bureaus, for the purposes of obtaining or providing credit references.
e. any third-party fund manager who provides asset management services to you.
f. any introducing broker to whom we provide introductions or referrals; any party in connection with our business transfer, disposal, merger, or acquisition, wherever located. Including jurisdictions that do not have data protection laws that provide the same level of protection as the jurisdiction in which the Services are supplied.
You agree to inform us promptly, and in any event, within 30 days, in writing if there are any changes to Customer formation supplied to us from time to time, and to respond promptly to any request from us.
You must ensure that every Connected Person whose information (including Personal Data or Tax information) you or anyone else on your behalf provided, or will from time to time provide, to us has been notified of and agreed to the processing, disclosure, and transfer of their information as set out in these Terms before their information is provided. You must at the same time advise them that they have rights of access to, and correction of, their Personal Data.Where:
a. you failed to provide promptly Customer Information that we reasonably requested, or
b. you withhold or withdraw any consents that we may need to process, transfer, or disclose Customer Information for the Purposes (except for purposes connected with marketing or promoting products and services to you), or
c. we have suspicions regarding Financial Crime or associated risks.
we may:
a. be unable to provide new, or continue to provide all or part of the Services to you and reserve the right to terminate our relationship with you:
b. take actions necessary for us or a member of the HSBC Group to meet the Compliance Obligations; and/or
c. block, transfer, or close your account(s) where permitted under local Laws.
In addition, if you fail to supply promptly your, or a Connected Person's, Tax information and accompanying statements, waivers, and consents, as may be requested, then we may make our own judgment with respect to your status, including whether you are reportable to a Tax Authority, and may require us or other persons to withhold amounts as may be legally required by any Tax Authority and paving such amounts to the appropriate Authority.
You agree that We shall not be liable for any loss/damage arising from or incidental to our use, collection, processing, and sharing of Customer information, and any action we have taken in relation to this Clause.
Whether it is processed in a home jurisdiction or overseas, in accordance with data protection legislation, Customer Information will be protected by a strict code of secrecy.
We are required and may take any action to meet Compliance Obligations relating to or in connection with the detection, investigation, and prevention of Financial Crime (Financial Crime Risk Management Activity).
Such action may include but is not limited to (a) screening, intercepting, and investigating any instruction communication, drawdown request, application for Services, or any payment sent to or by you, or on your behalf. (b) investigating the source of or intended recipient of funds (c) combining Customer information with other related information, and/or (d) making further enquiries as to the status of a person or entity, whether they are subject to a sanctions regime, or confirming your identity and status.
Exceptionally, our Financial Crime Risk Management Activity may lead to us delaying, blocking, or refusing the making or clearing of any payment, the processing of your instructions or application for Services, or the provision of all or part of the Services. To the extent permissible by law, we shall not be liable to you or any third party in respect of any loss (however it arose) that was suffered or incurred by you or a third party, caused in whole or in part in connection with the undertaking of Financial Crime Risk Management Activity.
In the event of any conflict or inconsistency between any of these Terms under Clause before and those in any other service, product, business relationship, account, or agreement between you and us, these Terms shall prevail. Any consents, authorizations, we requested waivers, and permissions that already exist from you in relation to Customer information shall continue to apply in full force and effect, to the extent permissible by applicable local law.
If all or any part of the provisions of these Terms become illegal, invalid, or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality. Validity or enforceability of such provision in any other jurisdictions or the remainder of these Terms in that jurisdiction.
You agree that we may make use of any contact information provided by you and keep on our records (including address telephone number and email address from time to time to communicate with you (whether through letters, telephone calls SMS, fax, email, or other means).
We have the right to vary these Terms and Conditions (including fees and charges and any other terms and conditions governing any Services, Features, your Personal Loan, or any Account) from time to time by notice to you by way of display at our premises or in any manner we consider appropriate.
If you use any service (which may include any Service) provided by any other person not being our agent or nominee, we are not liable in any way for the quality of the relevant service or any action, claim, loss, damage/liability of any nature which you may suffer or incur arising from or in connection with any act or omission of that other person providing the service or any agent or third party service provider appointed by it.
We have the right to employ any person to assist us in collecting and recovering any outstanding or overdue amount owing by you to us, including collection agent or any other service provider.
In the course of providing the Personal Loan, we (or any of our agents) may record instructions or communications with you by tape, video, or other ways. We have the right to destroy these recordings after such period of time as we consider appropriate.
These Terms and Conditions are governed by and will be construed according to India laws.
You submit to the exclusive jurisdiction of the courts of the India’s regarding any matter arising from and/or incidental to these Terms and Conditions.
We have the right to set or vary the interest rate at which interest on a credit facility accrues from time to time.
The interest per annum shall be computed on the basis of the actual number of calendar days in a year and the actual number of days elapsed from the date hereof.
Amortization ScheduleAn Amortization Schedule Table will be provided on the drawdown date, which will state the loan maturity date, the first installment due date, and the number of consecutive principal and interest installments.
The Terms and Conditions in the Promissory Note, Disclosure Statement, and such other documents executed by the Borrower shall prevail over the provisions of these Terms and Conditions if there is/are any inconsistency/ies between them.
The Lender grants the Borrower credit in the amount of ; this amount is exclusive of interest, fees, levies, contributions, value-added tax, and any other taxes and expenses incurred during the term of this agreement.
The borrower shall receive after the deduction of fees and interest. The borrower undertakes to pay the lender the total amount of the credit granted, plus the agreed ordinary installment, interest, accessories, and other amounts for which it is responsible under the terms of this contract, within a maximum period of calculated from the date of Delivery. So that the credit matures precisely on with an annual interest rate of
Appendix 1 Definitions and InterpretationsUnless we specify or the context requires otherwise, the following terms in these Terms and Conditions have the meanings set out below:
“Applicable Regulation” means any law, regulation, court order, or any rule, direction, guideline, code, notice, or restriction whether or not having the force of law issued by any Authority or industry or self-regulatory body, whether in or outside India’s, to which we or you are subject or with which we or you are expected to comply from time to time.
“Authority” means any regulatory authority, or governmental agency (including tax authority).
“Instruction” means any instruction in relation to the personal loan, any Account, or Service given in any form or by any means accepted by us from time to time.
“Service” means any service which we may provide or procure in relation to your Personal Loan.