Terms & Conditions
BORROWER EDUCATIONAL LOAN AGREEMENT
THIS EDUCATIONAL LOAN AGREEMENT ("Agreement") is made and entered into on the the User agrees to the terms set herein below (hereinafter referred to as the "Effective Date")
BY AND BETWEEN
Brainybatch Internet Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 471, Plot 5, Sector 9, Dwarka, New Delhi - 110045, and development center located at T05 Creative Environs, 24th Main, Sector 2, HSR Layout, Bangalore 560102, Karnataka (hereinafter referred to as the "Brainybatch", which expression shall, unless repugnant to the context or meaning thereof, include and mean it's affiliates, representatives, successors and permitted assigns);
The financial institution which has already been specified in the portal of Brainybatch, (hereinafter referred to as "Lender", which expression shall, unless repugnant to the context or meaning thereof, include and mean it's affiliates, representatives, successors and permitted assigns);
The "User" which shall mean, an individual who is applying for a loan either for him/ herself or on behalf of his/ her child/ ward through the portal of Brainybatch.
The term "Party and Parties" shall be used to refer to the User, Brainybatch and the Lender individually and collectively, as the context may require.
Permission to use and access the services on the website of Brainybatch is conditional upon, the User, agreeing to the terms set out below. The use and access of the services on the website of Brainybatch is only offered to the User on condition that the User reads and accepts all the terms of this Agreement.
Acceptance will bind the User to the terms of this Agreement. By clicking "I Accept" at the end of these terms and conditions, you will be deemed to have accepted the following terms. If the User do not wish to accept the terms, the User must not click "I Accept" and the User may not use any of the services and the website of Brainybatch.
Brainybatch is engaged, inter alia, in the business of providing solutions for the purpose of making education affordable and accessible.
The User is the parent/guardian of the student who has secured admission in an Educational Institution (defined hereinafter) and requires financial assistance for the payment of the Annual Fees.
Brainybatch in collaboration with the Lender is offering a programme/scheme known as the XX % EMI programme to pay Annual Fees (hereinafter referred to as "Scheme") in order to make education more affordable and also to ensure that the Educational Institution does not face shortage of students for their courses due to inability or difficulty on part of the parents/students to pay the Annual Fees charged by Educational Institution.
The User has approached Brainybatch to avail the benefits of the Scheme.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:
- DEFINITION AND INTERPRETATION
In this Agreement, except where the context otherwise requires, the following words and expressions shall have the assigned meanings:
Annual Fees - shall mean the fee fixed by the Educational Institution for a course it offers and which otherwise was payable to the Educational Institution, and shall include tuition fees, uniform fee, fees for books and/or course material, registration fee, admission fee and other such charges.
Educational Institution - shall mean and refer to the institution(s) that are registered with Brainybatch.
EMI - shall mean Equated Monthly Installment as per Clause 5 of this Agreement.
- CONDITION PRECEDENT
This Agreement shall come into force only upon the Lender and Brainybatch both agreeing to sanction the Loan Amount in favour of the User. The User understand and agrees that entering into this Agreement per se does not entitle the User to receive the Loan Amount. The Lender and Brainybatch shall independently evaluate the credentials of the User and the User shall within 48 hours of entering into this Agreement be informed whether or not the User is found eligible to be sanctioned the Loan Amount. The Lender and Brainybatch reserve the absolute right to sanction/ cancel/ reject the application of the User under this Agreement without assigning any reason whatsoever and the User shall have no claims arising out of such action.
Furthermore, it is agreed and understood by the User that the Lender reserves the right to sanction an amount, depending upon the creditworthiness of the User, which may be lesser or equal to the amount applied by the User.
- TRANSFER OF THE LOAN AMOUNT
The Lender shall within 5 working days - after the documents have been verified or collected and approved by both the Lender and Brainybatch approving the User, disburse the Loan amount in a lump sum to the nodal account of Brainybatch, which has been provided in Schedule-A to this Agreement (hereinafter referred to as "Scheduled Account").
The Scheduled Account shall have a standing instruction that upon receipt of the Loan, subject to deductions as per Clause 4 of this Agreement, to transfer within 2 (Two) working days the amount to the Educational Institution as against the name of the student/ ward of the User.
- PAYMENT BY THE USER
The User agrees to make payments as follow:
The User shall pay interest at such rate as is specified in Schedule-B to this Agreement.
Payment made by the User shall be made in the account specified under as provided in the Brainybatch portal (hereinafter referred to as "Collection Account"). The User shall pay the EMI on or before the 2nd day of every month starting from the month which follows the month of the Effective Date. The repayments by the User shall continue until the date of complete repayment of the Loan Amount along with the applicable interest and Additional Charges (defined hereinafter) if applicable.
Any default by the User in payment as per Clause 4.2 of this Agreement would entail charges at the rate prescribed in the Brainybatch portal (hereinafter referred to "Additional Charges"). This is without prejudice to the other rights available to the Lender and Brainybatch as per this Agreement and under applicable laws.
- NECESSARY DOCUMENTATIONS
The User shall provide self attested documents pertaining to all identification, financial and residential proof as mandated by Brainybatch and the Lender.:
ID Card (ID Proof)
Aadhar Card (address proof)
ITR - 3 Years
Payslips for 3 months (if employed) or 6 months balance sheet of the company (if a business man)
6 Months Bank statement
Sign the financial institution promissory note, NACH and agreement after the loan is approved
- REPRESENTATIONS & WARRANTIES
The Parties represent covenants and warrant to each other that:
The User hereby declares and confirm that any and all the disclosures made in and pursuant to this Agreement are true and correct and nothing material has been concealed by the User.
The User shall provide all information and documents required by the Lender and Brainybatch under this Agreement.
The User hereby agrees to provide all the necessary consents/approvals to Brainybatch and it's financial partners/lender or their representatives to use the User(s)information provided for evaluating the User(s) CIBIL and/or any other bureau scores for their credit evaluations in order to process of the loan amount as part of the EduEMI application.
The information and financial details submitted by the User are true and correct.
The Lender and the User understand that Brainybatch only facilitates meeting of lenders and borrowers and is not engaged or is responsible for either lending or ensuring that the User shall repay the borrowed amount on time.
The User confirms that any changes in residence address as provided in this Agreement, Employment Status or organization structural changes relating to his/her job profile, it shall in writing intimate such change(s) to Brainybatch within 3 (Three) working days. Failing to abide by these conditions may entail the User to face legal proceedings or otherwise as deemed appropriate by Brainybatch.
The User hereby agrees and gives consent to the Lender and Brainybatch, for unfettered usage of any and all the disclosure made by the User pursuant to this Agreement.
The User undertakes that the Credit Information Agencies, Lender, Brainybatch and other agency so authorised may use or process the said information and data disclosed by the User in the manner as deemed fit by them.
- NON-PAYMENT OF EMI
In addition to clause 4.3, non-payment of EMI by the User shall entail Brainybatch and Lender to resort to any/ all of the methods specified hereunder:
The student shall not be allowed to appear or take any exams in respect of the course.
The Educational Institution shall be asked not to issue the certificate evidencing successful completion of the course to the student.
The student shall not be granted the transfer/graduation certificate.
The student shall not be allowed to attend the classes for the course.
Take recourse available under the law.
Any other remedy as the Lender and Brainybatch deems fit,
The User shall indemnify and hold the Lender and Brainybatch harmless from and against any and all loss, damage or other consequences which may arise or result from giving the loan to the User and shall reimburse the Lender and Brainybatch upon demand all such sums and shall upon request appear and defend at the Borrower's own cost and expenses any action which may be brought against the Lender and/ or Brainybatch in connection therewith.
The User and the Lender acknowledge that Brainybatch is only a service provider to them that facilitates the transaction between them. In case of any loss or damage to Brainybatch due to any act of commission or omission, directly or indirectly by any one, Lender or the User, each of them, as the case maybe, shall indemnify Brainybatch.
Without prejudice to the foregoing, the Lender hereby agrees and accepts that since Brainybatch, is only a platform, which has brought the Lender and the User together and is otherwise not responsible or liable for the conduct of the User in any manner. The Lender will not under any circumstances hold Brainybatch responsible or liable, if the User defaults on any of its obligations towards the Lender. Further, the Lender agrees that the Lender shall lend monies to the User upon its independent assessment of the creditworthiness of the User.
- GOVERNING LAW & JURISDICTION
This Agreement shall be governed by the laws of India. For any matters arising out of this Agreement, courts in New Delhi shall have exclusive jurisdiction.
In the event that any term, condition, or provision of this Agreement is held to be a violation of any applicable law, statute, or regulation the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such term, condition, or provision had not originally be contained in this Agreement. Notwithstanding the above, in the event of any such deletion, the Parties shall negotiate in good faith in order to agree the terms of a mutually acceptable and satisfactory alternative provision in place of the provision so deleted.
The failure of any Party to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement nor shall any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of such or any other right, power, privilege or remedy provided in this Agreement all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to a Party at law or in contract.
- ENTIRE AGREEMENT & AMENDMENTS
This Agreement, together with all agreements and documents executed contemporaneously with it or referred to in it, constitutes the entire Agreement between the Parties in relation to its subject matter and supersedes all prior agreements and understandings whether oral or written with respect to such subject matter. No change, modification, or termination of any of the terms, provisions, or conditions of this Agreement shall be effective unless made in writing and signed by both the Parties.
- FORCE MAJEURE
For the purposes of this Agreement, neither Party shall be deemed to be in breach of this Agreement, or otherwise be deemed to be liable for any delay in performance or the non-performance of any of its obligations under this Agreement, to the extent that the delay or non-performance is due to the act of God, fire, flood, other natural disasters, war, emergency, accident or other reasons of like nature which are beyond such Party's reasonable control. A Party affected by such event shall notify the other Party of the occurrence of such events as soon as practicable.
- TERM & TERMINATION
This Agreement shall stand terminated on the date the User has repaid the Loan Amount in full along with interest, overdue interest, bank charges and Additional Charges as mentioned in this Agreement, and fulfilled all other obligations under the Agreement to the satisfaction of the Lender and Brainybatch.
(details of nodal account of Brainybatch)
|Nodal Bank Account Details|
|ICICI Bank Nodal Account Name||BRAINYBATCH INTERNET PRIVATE LIMITED|
|Branch Location||ICICI Bank Limited, No. 1328, 24th Main Road, HSR Layout Sector -2, Bangalore - 560102, Karnataka|
|Loan Amount (in INR)||Rs. XYZ|
|Number of Installments||XYZ|
|Rate of Interest||XYZ %|
|Monthly Installment (in INR)||Rs. XYZ|
|S. No.||Monthly Installment (in INR)||Principle (in INR)||Interest (in INR)||Balance (in INR)|
|1.||Rs. XYZ||Rs. XYZ||XYZ %||Rs. XYZ|
|2.||Rs. XYZ||Rs. XYZ||XYZ %||Rs. XYZ|
|3.||Rs. XYZ||Rs. XYZ||XYZ %||Rs. XYZ|
|4.||Rs. XYZ||Rs. XYZ||XYZ %||Rs. XYZ|
|5.||Rs. XYZ||Rs. XYZ||XYZ %||Rs. XYZ|
|6.||Rs. XYZ||Rs. XYZ||XYZ %||Rs. XYZ|
|7.||Rs. XYZ||Rs. XYZ||XYZ %||Rs. XYZ|
|8.||Rs. XYZ||Rs. XYZ||XYZ %||Rs. XYZ|
|9.||Rs. XYZ||Rs. XYZ||XYZ %||Rs. XYZ|