Terms & Conditions
Transparent policies for loan applications and services
1. Introduction & Acceptance
These Terms and Conditions ("Terms") constitute a legally binding agreement between Pam Fincap Private Limited (hereinafter referred to as "Company," "We," "Us," or "Our"), a company incorporated under the Companies Act, 2013, having its registered office at ________________________, Jaipur, Rajasthan, India, and the individual(s), applicant(s), or borrower(s) (hereinafter referred to as "Customer," "Borrower," "You," or "Your") who applies for, avails, or intends to avail any loan or financial product/service offered by the Company.
By submitting a loan application, paying any onboarding or processing fee, providing personal/financial documents, or availing any product or service offered by Pam Fincap Private Limited, the Customer acknowledges that they have read, understood, and unconditionally agreed to be bound by these Terms and all policies incorporated herein by reference.
NOTE: If You do not agree to these Terms, please do not proceed with the application or any onboarding process.
2. Definitions
For the purpose of these Terms, the following definitions shall apply:
- "Loan" means any financial credit facility extended by the Company to the Borrower, including but not limited to personal loans, business loans, MSME loans, home loans, or any other credit product.
- "Onboarding Fee" means the non-refundable fee charged at the time of initiating or processing a loan application, as specified in Clause 5 of these Terms.
- "Processing Fee" means the fee charged for evaluating, underwriting, and processing the loan application.
- "EMI (Equated Monthly Instalment)" means the fixed monthly repayment amount comprising principal and interest to be paid by the Borrower.
- "Sanction Letter" means the written communication issued by the Company specifying the approved loan amount, interest rate, tenure, and other terms.
- "Default" means the failure of the Borrower to repay any EMI or any dues within the stipulated time as per the loan agreement.
- "KYC" means Know Your Customer verification as mandated by applicable laws.
- "CIBIL / Credit Score" means the credit rating assigned to the Borrower by any authorised credit information bureau.
3. Eligibility Criteria
To be eligible to apply for a loan from Pam Fincap Private Limited, the applicant must satisfy the following minimum criteria at the time of application. The Company reserves the right to modify these criteria without prior notice:
- Must be a resident Indian citizen aged between 21 and 65 years at the time of loan maturity.
- Must have a valid and active mobile number linked with Aadhaar.
- Must possess a valid PAN Card and Aadhaar Card for KYC verification.
- Must have a minimum monthly income as specified by the Company for each product category.
- Must not be a willful defaulter or have any active NPA (Non-Performing Asset) with any bank/NBFC.
- For Business/MSME loans: Business must be operational for a minimum period as prescribed by the Company.
- Satisfactory CIBIL/credit score as determined by the Company's internal credit policy.
NOTE: Meeting eligibility criteria does not guarantee loan approval. The Company retains sole discretion to approve or reject any application without being required to assign any reason.
4. Loan Application & Documentation
The loan application process shall involve the following stages:
4.1 Submission of Application
The Customer must submit a duly completed loan application form along with all required documents. Incomplete applications will not be processed. The Customer is responsible for the accuracy and authenticity of all information and documents submitted.
4.2 Required Documents
The following documents are generally required (list may vary by product):
- Identity Proof: Aadhaar Card, PAN Card, Voter ID, Passport, or Driving Licence
- Address Proof: Aadhaar Card, Utility Bill (not older than 3 months), Bank Statement, or Rental Agreement
- Income Proof: Latest 3-6 months' salary slips / ITR / Form 16 / Bank statements
- Business Proof (for business loans): GST Registration, UDYAM Certificate, Business vintage documents
- Photographs: Recent passport-size photographs
- Any additional documents as required by the Company during processing
4.3 Verification
The Company shall verify all submitted documents and information through internal and external checks including but not limited to CIBIL verification, field verification, and reference checks. The Customer consents to the Company or its authorised agents contacting the Customer, employer, references, or any other relevant party for verification purposes.
4.4 Right to Reject
The Company reserves the absolute right to reject any loan application at any stage of processing without assigning any reason. In case of rejection after payment of the Onboarding Fee, the said fee shall NOT be refunded as detailed in Clause 5.
5. Fees, Charges & Non-Refundable Onboarding Fee
NOTE: PLEASE READ THIS CLAUSE CAREFULLY BEFORE MAKING ANY PAYMENT.
5.1 Onboarding / Registration Fee (Non-Refundable)
At the time of initiating the loan application or onboarding process, the Company charges a mandatory non-refundable Onboarding Fee (₹1000).
The Onboarding Fee is collected to cover administrative costs, initial credit assessment, KYC verification, document processing, and other operational costs incurred at the time of registration and application initiation.
5.2 Non-Refundability — Explicit Declaration
THE CUSTOMER EXPLICITLY UNDERSTANDS AND AGREES THAT:
- The Onboarding Fee of ₹1,000 (as applicable) is STRICTLY NON-REFUNDABLE under any circumstance whatsoever.
- The fee shall NOT be refunded if the loan application is rejected after evaluation.
- The fee shall NOT be refunded if the Customer withdraws or cancels the application voluntarily at any stage.
- The fee shall NOT be refunded if the Customer is found ineligible after KYC or credit check.
- The fee shall NOT be refunded if the Customer fails to submit required documents within the stipulated timeframe.
- The fee shall NOT be refunded due to any disagreement with the offered loan terms, interest rate, or tenure.
- The fee shall NOT be refunded in case of any dispute, legal proceedings, or court order, unless specifically directed by a court of competent jurisdiction.
NOTE: By making payment of the Onboarding Fee, the Customer provides express consent to the non-refundable nature of the same and waives any right to demand a refund thereof.
5.3 Other Charges
In addition to the Onboarding Fee, the following charges may be applicable as per the Company's Schedule of Charges (updated from time to time):
- Processing Fee: As applicable per loan product (may be deducted from disbursement amount)
- Late Payment Penalty: Charged on overdue EMI amounts as per the loan agreement
- Cheque / NACH Bounce Charges: ₹1,000 per instance as applicable
- Prepayment / Foreclosure Charges: As per the loan agreement and RBI guidelines
- Legal / Collection Charges: In case of default, all legal and collection costs shall be borne by the Borrower
- Document Retrieval / Duplicate NOC Charges: As per Schedule of Charges
6. Loan Sanction, Agreement & Disbursement
6.1 Sanction
Upon satisfactory evaluation of the application, the Company may issue a Sanction Letter specifying the approved loan amount, applicable interest rate (fixed or floating), loan tenure, EMI schedule, and other conditions. Acceptance of the Sanction Letter must be communicated within the validity period mentioned therein. Post-acceptance, a formal Loan Agreement shall be executed.
6.2 Loan Agreement
The Borrower must sign the Loan Agreement before disbursement. The Agreement shall be the primary governing document for the specific loan and shall be read in conjunction with these Terms. In case of any conflict, the Loan Agreement shall prevail.
6.3 Disbursement
The loan amount shall be disbursed directly to the Borrower's bank account registered with the Company after successful execution of the Loan Agreement and completion of all pre-disbursement conditions. The Company reserves the right to disburse the loan amount in tranches for project-based or construction loans.
6.4 End-Use of Funds
The Borrower shall use the loan amount solely for the purpose declared in the application. Mis-utilisation of loan funds may lead to immediate recall of the entire outstanding loan amount.
7. Interest Rate & Repayment
7.1 Interest Rate
The applicable interest rate shall be communicated in the Sanction Letter and Loan Agreement. Interest may be fixed or floating (linked to an internal or external benchmark), as agreed. The Company reserves the right to revise interest rates in line with market conditions, regulatory changes, or the Borrower's credit profile, subject to prior notice as required.
7.2 Repayment Schedule
Repayment shall be made through EMIs as per the repayment schedule annexed to the Loan Agreement. The Customer shall maintain sufficient balance in the registered bank account on or before the EMI due date. Repayment is to be made via NACH mandate, post-dated cheques, online transfer, or any other mode accepted by the Company.
7.3 Prepayment
The Borrower may prepay the outstanding loan amount fully or partially subject to the prepayment terms mentioned in the Loan Agreement and applicable RBI guidelines. Prepayment charges may apply as specified.
7.4 Default & Consequences
In the event of a Default, the Company shall be entitled to:
- Charge penal interest on overdue amounts at the rate specified in the Loan Agreement
- Initiate legal proceedings under applicable laws including the SARFAESI Act, 2002 (for secured loans)
- Report the default to all Credit Bureaus (CIBIL, Equifax, CRIF, Experian), adversely affecting the Borrower's credit score
- Engage recovery agents or take such other legal action as deemed fit
- Declare the entire outstanding loan amount due and payable immediately
8. Security & Collateral
Certain loan products may require the Borrower to provide security or collateral (property, fixed deposits, guarantors, etc.) as specified in the Loan Agreement. The Company shall have a first or exclusive charge on such security. In the event of default, the Company shall be entitled to enforce its security interest as per applicable laws.
9. KYC, Data Collection & Privacy
9.1 KYC Compliance
The Customer consents to the Company conducting KYC verification as per RBI/government guidelines. This includes Aadhaar-based e-KYC, video KYC, or physical KYC. Providing false or forged documents constitutes a criminal offence under the Indian Penal Code and applicable laws.
9.2 Credit Bureau Consent
By applying for a loan, the Customer expressly authorises the Company to obtain and use the Customer's credit information from any Credit Bureau (CIBIL, Equifax, Experian, CRIF Highmark) for the purposes of credit assessment. This enquiry may impact the Customer's credit score.
9.3 Data Sharing
The Company may share the Customer's personal and financial data with credit bureaus, lending partners, co-lending banks, insurance companies, regulatory authorities, and other parties as required by law or for loan processing purposes.
9.4 Marketing Communications
By providing contact details, the Customer consents to receiving promotional communications via SMS, WhatsApp, email, or phone regarding the Company's products and services. The Customer may opt out by writing to the Company.
10. Customer Obligations & Representations
The Customer represents, warrants, and undertakes that:
- All information and documents provided are true, accurate, complete, and up to date.
- The Customer has full legal capacity to enter into this agreement.
- The loan funds shall be used only for the stated purpose.
- The Customer shall promptly inform the Company of any change in address, employment, contact details, or financial circumstances.
- The Customer shall not create any encumbrance on the security/collateral without prior written consent of the Company.
- The Customer shall cooperate with the Company's officers or representatives during field visits or verification.
- The Customer shall maintain adequate insurance on collateral property, wherever applicable.
11. Company's Rights & Discretion
Pam Fincap Private Limited shall have the right to:
- Approve, reject, or modify any loan application without assigning any reason.
- Revise interest rates, charges, or these Terms at any time with reasonable notice.
- Recall the entire loan amount immediately upon occurrence of a default or breach of any term.
- Assign or transfer the loan or any rights thereunder to any third party, bank, or financial institution without the Borrower's consent.
- Conduct periodic reviews of the Borrower's creditworthiness during the loan tenure.
- Take legal action for recovery of dues, including filing suits, arbitration, or invoking security interest.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Pam Fincap Private Limited shall not be liable for:
- Any indirect, consequential, incidental, or special loss or damage arising from the loan or its processing.
- Delays in loan processing due to incomplete documentation, system outages, or force majeure events.
- Any loss arising from the Borrower's misuse of loan funds.
- Actions of third-party service providers, insurers, or co-lending partners.
The Company's total liability, in any case, shall be limited to the Onboarding Fee actually paid by the Customer.
14. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute, controversy, or claim arising out of or in connection with these Terms or any loan agreement thereunder shall be subject to the exclusive jurisdiction of the courts at Jaipur, Rajasthan, India. The Company may, at its discretion, opt for arbitration under the Arbitration and Conciliation Act, 1996.
15. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, floods, earthquakes, epidemics, pandemics, war, government actions, regulatory changes, or technical failures.
16. Amendments to Terms
The Company reserves the right to amend, modify, or update these Terms at any time. Such amendments shall be communicated to existing Customers via the Company's website, registered email, or SMS. Continued use of any Company service after such communication shall constitute acceptance of the revised Terms.
17. Miscellaneous
- Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
- Waiver: Failure by the Company to enforce any right under these Terms shall not constitute a waiver of such right.
- Entire Agreement: These Terms, together with the Loan Agreement, form the entire agreement between the parties.
- Language: These Terms are written in English. In case of any translation, the English version shall prevail.
- Electronic Records: The Customer consents to receiving all communications, agreements, and notices in electronic form.