Terms & Conditions | Loan against mutual fund and shares

1. Electronic Record

This document is an electronic record in terms of the Information Technology Act, 2000 and applicable rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms & Conditions (“Terms”) govern your access to and use of the website operated by Finaxe FundPeLoan India Private Limited (“FundPeLoan”, “Company”, “we”, “our”, “us”). By accessing or using this website and/or applying for any loan product through this platform, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use this website.

2. Nature of Services and Role of FundPeLoan

FundPeLoan operates as a loan sourcing and facilitation platform. FundPeLoan does not lend money directly, does not undertake credit underwriting, and does not act as a Regulated Entity under applicable Reserve Bank of India regulations. FundPeLoan facilitates loan products including Loan Against Securities (LAS) and Loan Against Mutual Funds (LAMF) in association with 50Fin Technologies Private Limited (“50Fin”), which acts as a Loan Service Provider (LSP), and with regulated Non-Banking Financial Companies (NBFCs) and/or Banks that act as the actual lenders (“Regulated Entities”).

All loan approvals, sanction terms, interest rates, loan agreements, margin requirements, liquidation policies, penalties, foreclosure charges, and recovery actions are determined solely by the respective Regulated Entity. FundPeLoan does not guarantee loan approval and shall not be responsible for any credit decision taken by the lender.

3. Eligibility

By using this website, you represent and warrant that you are at least eighteen (18) years of age, are legally competent to enter into binding contracts, and are providing accurate and complete information. You further confirm that you are the lawful owner or authorized holder of any securities proposed to be pledged. FundPeLoan reserves the right to deny access to the platform if eligibility conditions are not satisfied.

4. Account Registration and Access

To avail certain services, you may be required to register using a valid mobile number and verify your identity through OTP authentication. You may also be required to provide KYC information, link bank accounts, link securities accounts, and execute loan documentation issued by the Regulated Entity. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. FundPeLoan shall not be liable for any unauthorized access resulting from your failure to secure your credentials.

5. Loan Process and User Obligations

You acknowledge that loan processing is subject to eligibility assessment, underwriting, and approval by the respective Regulated Entity. You agree that pledged securities shall be subject to margin maintenance requirements and liquidation policies as prescribed by the lender. You undertake to repay all loan amounts, interest, charges, and penalties strictly in accordance with the loan agreement executed with the Regulated Entity. In case of default or margin shortfall, the lender may liquidate pledged securities in accordance with the applicable agreement. FundPeLoan shall not be responsible for margin calls, liquidation triggers, or lender enforcement actions.

6. Third-Party Integrations

The platform may integrate with 50Fin, Regulated Entities, RTAs such as CAMS, KFintech, NSDL or other depository participants, KYC verification agencies, CKYC systems, DigiLocker, payment gateways, and other financial service providers. FundPeLoan does not control and shall not be responsible for delays, errors, technical failures, or service deficiencies arising from third-party systems. Any dispute relating to loan terms, disbursal, repayment, foreclosure, or liquidation must be resolved directly with the concerned Regulated Entity.

7. User Conduct

You agree not to use the platform for any unlawful purpose or in violation of applicable laws. You shall not upload false, misleading, or fraudulent information, attempt unauthorized access to the platform, interfere with system security, or reverse engineer any software associated with the website. Any misuse may result in suspension or termination of access without notice.

8. Intellectual Property

All intellectual property rights in the website, including software, content, graphics, trademarks, logos, and materials, are owned by FundPeLoan or licensed to it. You shall not copy, modify, distribute, reproduce, reverse engineer, or create derivative works without prior written consent.

9. Limitation of Liability

To the maximum extent permitted under applicable law, FundPeLoan shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the platform. FundPeLoan shall not be responsible for loan rejection, changes in interest rates, margin shortfalls, liquidation of securities, market losses, delays in disbursal, or third-party system failures. In any event, the total cumulative liability of FundPeLoan, if any, shall not exceed the service fee charged by FundPeLoan for facilitation services.

10. Force Majeure

FundPeLoan shall not be liable for any delay or failure in performance resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, regulatory changes, cyber-attacks, system failures, government restrictions, or interruptions in communication networks.

11. Privacy and Data Protection

Your use of this platform is also governed by our Privacy Policy available on the website. You acknowledge that personal data may be shared with 50Fin and Regulated Entities strictly for the purpose of loan facilitation and regulatory compliance.

12. Modification of Terms

FundPeLoan reserves the right to modify these Terms at any time. Updated Terms shall be posted on the website. Continued use of the platform after such updates shall constitute acceptance of the revised Terms.

13. Termination

FundPeLoan may suspend or terminate your access to the platform in case of breach of these Terms, regulatory requirements, or misuse of services. Termination of access shall not affect your repayment obligations under any loan agreement with a Regulated Entity.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. The courts at Indore, Madhya Pradesh shall have exclusive jurisdiction over disputes arising from these Terms. Any dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, as amended. The seat and venue of arbitration shall be Indore, Madhya Pradesh, and the language of arbitration shall be English.

15. Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire agreement between you and FundPeLoan concerning your use of the platform.

16. Self-Declaration

By clicking “I Agree” or by using the platform, you confirm that you have read, understood, and agreed to these Terms and acknowledge that FundPeLoan is not the lender and does not make credit decisions.