Terms of Use

1. Website and Lending Platform

1.1 Fundkiss is a Peer-to-Peer Operator duly licensed by the Financial Services Commission of Mauritius under Licence No. PP20000002 to operate a Peer-to-Peer Lending Platform.

1.2 It is important that you read the Terms of Use as your access to the Website and the Lending Platform is governed by them. We can make changes to these Terms of Use at any time and will post any amended Terms of Use to the Website. If you continue to use the Website or the Lending Platform, you will be deemed to have accepted those amended Terms of Use.

1.3 These Terms of Use refer to the following additional policies and terms, which also apply to your use of the Website and the Lending Platform:

(i) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us;

(ii) Our Cookie Policy, which sets out information about the cookies on our site; and

(iii) to the extent that they apply to you, our Facility Agreement.

1.4 If you have any enquiries in relation to this Website or the information on it, please contact us on [email protected] .

1.5 Fundkiss website and Lending Platform is intended for use on the Mauritian Territory. It is not intended for distribution to, or use by, any person in a country where such distribution or use would be contrary to local laws or regulations.

2. Scope of the Terms of Use

2.1 The present Terms of Use describe:

(i) the relationship between a Lender and Fundkiss.

(ii) the relationship between a Borrower and Fundkiss.

(iii) who can be a Lender on the Lending Platform.

(iv) who can be a Borrower.

(v) how a Lender can lend to a Borrower.

(vi) the Agency Services that we provide on the Lending Platform.

3. Role of Fundkiss and the Lending Platform

3.1 The Lending Platform is a direct lending platform that matches those who wish to lend money with those who wish to borrow. The role of Fundkiss is to:

(i) operate and manage the Website and the Lending Platform;

(ii) match Lenders with Borrowers;

(iii) facilitate lending transactions between Lenders and Borrowers; and

(iv) perform the Agency Services.

4. The Agency Services of Fundkiss

4.1 Fundkiss performs the following services for the Borrowers and the Lenders:

(i) assessing the creditworthiness of Borrowers;

(ii) preparing Facility Agreement(s) for Lenders and Borrowers;

(iii) providing Borrowers with the necessary pre-contractual, contractual and post-contractual documentation and information;

(iv) collecting and distributing payments due to Lenders and received by Fundkiss from Borrowers and/ or Guarantors;

(v) operating the Lending Platform;

(vi) arranging for Funding (minus any applicable fees) to be transferred to the Borrower at the start of the loan term of any Facility Agreement;

(vii) enforcing any other rights that the Lenders and/or Fundkiss might have under Facility Agreements;

(viii) responding to, and seeking to resolve, all complaints or disputes concerning the Facility Agreements; and

(ix) making amendments, variations and/ or restructuring to Facility Agreements.

4.2 In connection with our Agency Services, Fundkiss collects business, financial and personal information from a Borrower and from third parties when a Borrower applies for a Funding, but we cannot guarantee its accuracy.

4.3 Accordingly, Fundkiss accepts no responsibility and/ or liability for the inaccuracy of such information.

4.4 We may from time to time update the information we publish when we are provided with new or additional information but we shall have no obligation to do so.

4.5 No information, activity or process undertaken, or outcome reached, in connection with the provision of Agency Services (including the credit assessment of Borrowers) is intended to constitute or be construed as advice, recommendations or guarantee by Fundkiss as to the creditworthiness of any Borrower, the amount of payments you might receive, or the likelihood of payment defaults that may occur, in relation to any Funding.

5. Relationship between Fundkiss and Lenders

5.1 These Terms of Use sets out the basis of our relationship with you as a Lender.

5.2 Fundkiss does not guarantee you will be able to lend through the Lending Platform.

5.3 The Facility Agreement sets out your lending relationship with a Borrower. A Facility Agreement is between a Lender and a Borrower, but Fundkiss has certain specific rights under the Facility Agreement which enables Fundkiss to fulfil its roles and duties effectively. If there is any conflict between these Terms of Use for Lenders and the Facility Agreement, the terms of the Facility Agreement shall prevail.

5.4 We will not perform any management functions on your behalf in respect of any Facility that you hold. You should seek independent financial, legal, tax or other professional advice prior to deciding to lend through the Lending Platform and should only do so if you have appropriate knowledge and understanding of the Lending Platform.

5.5 We are not authorised to give investment advice. No information contained on the Lending Platform or on the Website constitutes investment advice or a recommendation to lend money and should not be treated as such.

6. Lender’s Eligibility Criteria

6.1 To access and use the Lending Platform for the purposes of lending you must create and maintain a Lender’s Account unless we agree otherwise. To be eligible to do so, you must satisfy the following Lender’s Eligibility Criteria:

(i) you must be an individual, limited company, société, limited liability partnership, public body or other legal entity;

(ii) if you are an individual, you must be 18 years old or above;

(iii) if you are a company, société, limited liability partnership, a public body or any other legal entity, you must be registered with the relevant authority in Mauritius and/ or formed in accordance with the relevant laws;

(iv) you must have, and maintain, a valid Mauritius bank account; and

(v) you must provide us with all information and documents that we may reasonably request about you and about your financial condition, business and affairs from time to time. For example, we may request information from you to allow us to fulfil our legal and compliance obligations and to ensure the proper operation of the Lending Platform. You expressly undertake to immediate provide written notification to Fundkiss upon the occurrence of any financial, legal, regulatory, or operational changes that may directly or indirectly impact your reputation, financial status, rights, and/ or the interests of borrowers and/ or Fundkiss under the Terms of Use or the Facility Agreement. Any failure to provide timely written notification to Fundkiss shall allow Fundkiss to take any legal step and/ or remedies available under the law or the Facility agreement.

6.2 We may change the Lender’s Eligibility Criteria from time to time.

6.3 You may not be both a Lender and a Borrower unless you have obtained our specific prior written consent or except where you are acting as the director of an entity borrowing money and wishes to act as a Lender in a different capacity.

6.4 If you cease to satisfy the Lender’s Eligibility Criteria, we may close your Lender’s Account in accordance with our internal processes.

7. Creating a Lender’s Account

7.1 Before you can lend on the Lending Platform you must create a Lender’s Account and pass any assessment and due diligence that Fundkiss may design for that purpose.

7.2 We have absolute discretion whether to accept or reject your application to become a Lender and create a Lender’s Account, even if you satisfy the Lender’s Eligibility Criteria and pass assessments and due diligence designed by Fundkiss.

7.3 You confirm and agree that, when you create a Lender’s Account and for so long as you maintain a Lender’s Account:

(i) you meet the Lendor’s Eligibility Criteria;

(ii) the information you provide to us is true and accurate in all respects and is not misleading;

(iii) you have disclosed to us all circumstances of which you are aware (including but not limited to any legal claims, undisclosed liabilities, litigation, court proceedings or investigations which are current, threatened, pending or otherwise reasonably likely to occur against you by any third party) which could materially or adversely change your financial condition, business or assets, and you must inform us if there is any change in these circumstances;

(iv) you will ensure that no unauthorised person can access or use your Lender’s Account;

(v) you can enter into a legally binding agreement with us and each relevant Borrower;

(vi) you will ensure that all documents we require from you are validly executed and you will comply with all instructions in relation to the reviewing and approving of these documents;

(vii) if you are acting on another person's behalf, you are authorised to act on their behalf and will provide us with written evidence of your authority to act when requested;

(viii) if you are a limited company, société, limited liability partnership, public body or other legal entity, the person creating and maintaining the Lender’s Account is properly authorised to represent you and to enter into legally binding agreements on your behalf. You will ensure that only authorised persons are able to access or use your Lender’s Account and you will provide us with written evidence of your authority to act if and when requested;

(ix) you understand that by entering into any Facility Agreement through the Lending Platform, you are lending to Borrowers, your capital is at risk, and you accept that you are fully exposed to all losses which may be incurred by you; and

(x) you are properly authorised to transfer money into, and out of, your Lender’s Account.

7.4 If any of the statements above cease to be true you must contact us as soon as possible by email ([email protected]) or by telephone (+230 218 2195 to inform us.

7.5 You must update your Lender’s Account when your details change or inform us and we will update your details accordingly.

7.6 You must provide us the account number of your Nominated Bank Account.

7.7 When you create your Lender’s Account, you must provide a username, a valid e-mail address, a password and certain security information. Your username and password are unique to your Lender’s Account and are non-transferable without our specific prior written consent. You will need them to access certain restricted areas of the Website.

7.8 You must keep your username, password and security information secure and confidential. You are responsible for all activity on or through your Lender’s Account, the Lending Platform, and in connection with your Nominated Bank Account, including all activity by anyone that uses your username, password or security information, whether they have been authorised by you.

7.9 You must provide all authorised persons with a copy of these Terms of Use and ensure that they comply with them when accessing and using the Lending Platform and the Lender’s Account.

7.10 You must not transfer your Lender’s Account to another person, or permit another person to use your Lender’s Account, without our specific prior written consent.

7.11 You must notify us immediately if you believe that an unauthorised person is using your Lender’s Account, or the security of your Lender’s Account has been or might be breached.

7.12 We can assume that all correspondence, orders, transfers and instructions made by reference to your username and password are made by you.

7.13 We can decline to act on your instructions or suspend your Lender’s Account if we suspect illegal or fraudulent activity or unauthorised use of your Lender’s Account.

8. Funding and Withdrawing Funds the Lender’s Account

8.1 Once you have created your Lender’s Account, you shall be required to provide all your KYC documentations and any relevant information which Fundkiss may require. Once Fundkiss has validated your account, you may add funds to the account by making a transfer from your Nominated Bank Account.

8.2 Funds that you have added shall appear on the Dashboard of your Lender’s Account.

8.3 You may withdraw available funds that have not been lent to Borrowers or allocated for lending on your Lender’s Account.

8.4 All withdrawals shall be made to your Nominated Bank Account.

8.5 All Lenders shall be able to view the balance on their respective Lender’s Account through their Dashboard.

9. Lending and Facility Agreement

9.1 Before you can start to lend to Borrowers you must pass all due diligence or assessments that may be established by Fundkiss for that purpose. If the due diligence is successful, you may accordingly fund your Lender’s Account.

9.2 You will be required to agree to, and accept, the present Terms of Use and the conditions of the Facility Agreement.

9.3 Unless you are an expert investor you may not lend:

(i) an amount exceeding Rs 1.5 million, if you are a natural person; and

(ii) an amount exceeding Rs 3 million, if you are a legal person.

9.4 Once all our requirements in relation to a Project have been satisfied, and your funds have been allocated, the Project will become fully funded. When this occurs, the Project will be complete, and your funds are transferred to the Borrower.

9.5 You cannot sell or assign your Funding in a Project. If your share of the Funding is distributed to another party as part of a liquidation or heritance, the other party would deemed to have accepted these Terms of Use and the Facility Agreement.

9.6 Should you wish to cancel your written agreement to fund a Project, you will have cooling off period of 2 business days during which Fundkiss will not impose any penalty.

9.7 Information regarding each Funding, the parts of the Funding you hold in a Project and other information relating to your lending is viewable on the Dashboard of your Lender’s Account.

9.8 We may:

(i) withdraw a Project if it is not fully funded by Lenders.

(ii) withdraw a Project if we consider it necessary to do so. Any fund collected for this particular Project will be refunded to the Lenders.

(iii) monitor and regulate the availability and functionality of the Lending Platform; and

(iv) from time to time change the minimum or maximum amount that a Lender can lend to a single Borrower or in total across the Lending Platform.

9.9 Funds held in your Lender’s Account do not earn interest.

9.10 When a Project is successfully completed, a Facility Agreement shall be signed between each Lender that lends a part of the Funding and the relevant Borrower.

9.11 We can enforce certain terms under a Facility Agreement and can take certain action on behalf of the relevant Lenders. You cannot, and are not entitled to, engage with any Borrower and any Guarantor, or undertake any action in your own name under a Facility Agreement and a Guarantee unless we otherwise agree.

9.12 Fundkiss and any other person acting on our behalf will act in the interests of the relevant Lenders as a whole and will not be required to have regard to your particular interest, or those of any other particular Lender.

10. Repayments

10.1 The Facility Agreement governs the payment of principal and interest due to you from a Borrower.

10.2 You will be entitled to a proportionate share of all payments of principal and interest received from a Borrower in respect of a Funding (after deduction of all applicable Fees payable to Fundkiss) and this will be paid into your Lender’s Account . Your share of any such payments will be calculated by reference to your participation and the percentage of the Funding which your participation represents.

10.3 We do not guarantee any payments due to you from any Borrower under any Facility Agreement or the amount of payments that you will actually receive or the likelihood of payment defaults occurring on a particular Funding.

10.4 It is your responsibility to account for any tax imposed on you as a result of lending for a Project through the Lending Platform, including on any interest you earn. Fundkiss will not deduct any tax from any interest that you receive, unless we, are required to do so by law.

11. Default Payments

11.1 If a Borrower misses a payment due under a Facility Agreement, we will take certain administrative steps to pursue the missed payments. This may include engaging with the Borrower, seeking more information from them, and attempting to recover the outstanding sums due from them. In each case we will take the recovery action that we consider to be in the best interests of the affected Lenders as a whole. We may recover our reasonable costs as a priority from any amounts recovered.

11.2 If a Borrower defaults, we may demand full repayment of the Indebtedness and all applicable fees and costs under the Facility Agreement from the Borrower and the Guarantor and will repay to each Lender that Lender's proportionate share of any funds successfully recovered, subject to the terms of the Facility Agreement.

11.3 We may take such steps as we consider necessary or desirable in our absolute discretion to collect the outstanding debt including, without limitation, pursuing Guarantors, assigning the debt to a debt purchaser, and commencing formal legal action or insolvency processes through the courts. The Borrower and Guarantor will be liable to pay all such applicable costs relating to recovery actions taken by Fundkiss.

11.4 We will act in a fair and equitable manner to achieve maximum recovery for all affected Lenders, which may include agreeing new payment terms.

11.5 We may decide (in our absolute discretion) not to pursue the Borrower or the Guarantor for non-payment or after an Event of Default has occurred on grounds of compassionate reasons, customer vulnerability, or if we consider it to in the best commercial interests of all Lenders to do so.

11.6 Only Fundkiss can engage with the Borrower and any Guarantor to take steps to pursue the missed payments and recover outstanding sums on behalf of all Lenders. You are not permitted to undertake any individual action or engage with the Borrower or the Guarantor unless we agree otherwise.

11.7 We will keep you updated with the progress and efforts to collect missed payments and recover outstanding sums on defaulted Fundings.

12. Client Money

12.1 We will treat money that we receive from you or hold on your behalf during the Funding as Client Money. Client Money held for you will be subject to internal control mechanisms and proper accounting procedures. You are hereby notified, that we have elected to hold monies held in relation to Lenders during the Funding process in a segregated bank account that will be managed by Fundkiss.

12.2 We will make arrangements for your money to be held in a segregated account separately from our own funds and maintained specifically for you and the other Lenders. Your money may be held with other Lenders’ money in a pooled account and you consent to such pooling. We will not be responsible for any acts, omissions or default of any bank with which your money is held and in the event of insolvency of such bank, we would not be liable for any shortfall unless we had failed to comply with any duty of care or obligation to which we were subject.

12.3 We will not pay interest on balances held as Client Money.

13. Ceasing to be a Lender and Termination

13.1 If you no longer wish to be a Lender then, provided you have:

(i) no Facility Agreement in force;

(ii) no outstanding amounts in your Lender’s Account;

(iii) no amounts owing and payable to us; and

(iv) no funds allocated for lending to any Borrower,

you can notify us at any time, and we will close your Lender’s Account.

13.2 If you wish to close your Lender’s Account but you are a party to a Facility Agreement which is in force; or you have funds which are allocated for lending to Borrowers, you must either (depending on the circumstances):

(i) wait for the underlying Funding to be reimbursed in full; or

(ii) wait for funds which are allocated for lending to become unallocated.

13.3 We may give you notice that we intend to close your Lender’s Account at any time if:

(i) you breach any term of these Terms of Use or the Privacy Policy.

(ii) you breach any term of the Facility Agreement and fail to remedy the breach within any period notified to you or if no notification is provided, within a reasonable period.

(iii) you cease to be an eligible Lender because you no longer satisfy the Lender’s Eligibility Criteria.

(iv) you do not respond to our reasonable requests for information, or you fail to provide such information.

(v) we suspect that you have committed or have been involved in fraud, corruption, money laundering or other criminal activities.

(vi) we discover that any information you have provided to us is materially incorrect, inaccurate, false or misleading.

(vii) you use the Lending Platform or any information obtained or discovered through being a Lender with us to canvass or solicit any person from Fundkiss.

(viii) you use the Lending Platform for a purpose for which the Lending Platform is not intended or other than as a direct lending platform to Borrowers.

(ix) you use the Lending Platform in any way that causes, or is likely to cause, the Lending Platform or access to it to be interrupted or damaged in any way.

(x) you use the Lending Platform or the Website in an illegal, offensive or defamatory way or in any way which causes inconvenience to other users.

(xi) you use the Lending Platform to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.

(xii) you use the Lending Platform or Website to cause annoyance, inconvenience or needless anxiety or in a way that restricts or inhibits anyone else’s use and enjoyment of the Lending Platform.

(xiii) you undertake action to contact or engage with a Borrower directly to pursue missed payments or recover outstanding sums.

(xiv) you do not lend within a 12 month period through your Lender’s Account.

(xv) you misuse the Lending Platform in any other way; or

(xvi) we believe that any action you undertake (or fail to take) will have an adverse effect on the Lending Platform or the reputation of Fundkiss.

14. Relationship between Fundkiss and Borrowers

14.1 These Terms of Use sets out the basis of our relationship with you as a Borrower.

14.2 We do not guarantee you will be able to borrow through the Lending Platform.

14.3 The Facility Agreement sets out your borrowing relationship with each Lender. A Facility Agreement is between a Lender and a Borrower but Fundkiss has certain specific rights under the Facility Agreement which enable Fundkiss to fulfil its role and duties effectively.A If there is any conflict between these Terms of Use for Borrowers and the Facility Agreement, the terms of the Facility Agreement shall prevail.

14.4 We are not authorised to give investment advice. No information contained on the Lending Platform or on the Website constitutes investment advice or a recommendation to borrow money and should not be treated as such.

15. Borrower’s Eligibility Criteria

15.1 To access and use the Lending Platform for the purposes of borrowing you apply for financing through the website or by contacting the Business Development Team of Fundkiss. To be eligible to do so, you must satisfy the following Borrower Eligibility Criteria:

(i) you must be an individual or any other legal entity;

(ii) you may be a sole trader, a partnership, a société a limited liability partnership or a limited company and registered at Registrar of Companies (if applicable).

(iii) if you are borrowing in your capacity as an individual, you must be 18 years old or above and you must be a Mauritian national or a permanent resident of Mauritius.

(iv) if you are a limited company or limited liability partnership, you must be duly registered with the Registrar of Companies;

(v) if you are a société or public body, you must be registered or formed with the relevant authority in Mauritius.

(vi) you should have been actively trading as a business for at least two (2) years and not have been dormant at any time.

(vii) you must be conducting business for the purposes of making a profit (public bodies, charitable organisations and trusts are not eligible unless we have given our specific prior written consent.)

(viii) unless we otherwise agree, at least 50% of the individuals involved in running your business (partners, directors, limited liability partnership members) must be permanent residents of Mauritius.

(ix) your permanent place of business and residency, or centre of main interests, must be in Mauritius.

(x) you must have, and maintain, a valid bank account in Mauritius.

(xi) you must answer our reasonable requests for information from time to time.

(xii) you must provide us with all information and documents that we may reasonably request about you and your financial condition, business and affairs from time to time. For example, we may request information from you to allow us to fulfil our legal and regulatory compliance obligations and to ensure the proper operation of the Lending Platform. You undertake to provide Fundkiss with immediate written notification upon the occurrence of any financial, legal, regulatory, or operational changes that may impact your reputation, financial status, rights, and/ or interests of Lenders and/ or Fundkiss under the Terms of Use of the Facility Agreement. Any failure to provide timely written notification to Fundkiss shall allow Fundkiss to take any legal steps and/ or remedies available under the law or the Facility agreement.

(xiii) your business must not have any outstanding court judgments of more than MUR 20,000 (save that, Fundkiss reserves the right to list businesses as borrowers which have Judgments in excess of MUR 20,000, from time to time and on a case-by-case basis if it considers it reasonable to do so).

15.2 We may change the Borrower Eligibility Criteria from time to time.

15.3 As part of the registration process, we will need to authenticate your identity, your business and certain people authorised to act on your behalf (if applicable). As such, we may require you to send us copies of the relevant passports or other identification documents and other supporting documents that we may need. If you do not provide all requested documents, you will not be able to borrow on the Lending Platform.

15.4 You may not be both a Borrower and a Lender unless you have obtained our specific prior written consent.

16. Borrowing

16.1 Before you can borrow on the Lending Platform, you must initiate an application for the Funding of your Project..

16.2 We have absolute discretion whether to accept or reject your Funding Application even if you satisfy the Borrower’s Eligibility Criteria.

16.3 You confirm and agree that, when you make an application for Funding your Project and for so long as you are a Borrower :

(i) you shall meet the Borrower’s Eligibility Criteria.

(ii) the information you provide to us is true and accurate in all respects and is not misleading.

(iii) you have disclosed to us all circumstances that you are aware of (including but not limited to any legal claims, undisclosed liabilities, litigation, court proceedings or investigations which are current, threatened, pending or otherwise reasonably likely to occur against you by any third party) which could materially and adversely change your financial condition, business or assets, and you must inform us if there is any change in these circumstances.

(iv) you have not omitted to tell us any information which could reasonably be considered relevant to an application for Funding.

(v) you can enter into a legally binding agreement with us and each relevant Lender.

(vi) you will ensure that all documents we require from you are validly executed and you will comply with all instructions in relation to the reviewing and approving of these documents.

(vii) if you are acting on another person’s behalf, you are authorised to act on their behalf and will provide us with written evidence of your authority to act when requested.

(viii) if you are a limited company, société, limited liability partnership or other legal entity, the person applying for the financing is properly authorised to represent you and enter into a legally binding agreement with us.

(ix) you understand that by entering into a Facility Agreement, you are borrowing funds from Lenders, and you accept that you are fully responsible to repay all funds borrowed, together with all applicable interest, feees, and charges; and

(x) you are duly authorized to create a standing order or direct debit in favour of Fundkiss for the repayment of the Facility.

16.4 If any of the statements above cease to be true while you maintain a Borrower’s Account you must contact us as soon as possible by email ([email protected] ) or telephone (+230 218 2195) to tell us.

16.5 You must notify us when your details change or tell us and we will update accordingly.

16.6 You must provide us with the account number of your Nominated Bank Account.

16.7 You agree not to adapt or circumvent the systems in place in connection with the Lending Platform, nor access our systems other than by using the credentials assigned to you and by following the instructions that we have provided for that type of connection.

17. Borrowing and Facility Agreement

17.1 Before, you can borrow on the Lending Platform, you need to:

(i) Make an application for the Funding;

(ii) You can make the application by filling the application form on the Borrow page ;

(iii) In your application for Funding, it is mandatory that you describe your Project.

(iv) Undertake to abide by all the terms and conditions of Fundkiss;

(v) Agree that, in the event the Project is fully funded by Lenders, you shall enter into a Facility Agreement with the Lenders and Fundkiss.

17.2 Fundkiss shall make an assessment of your application for Funding and your Project. During this process, Fundkiss may make request for information and documents which you undertake to provide. Should you fail to provide any information or document requested, Fundkiss reserves its right to reject your application.

17.3 Should Fundkiss approve the Funding application, you shall be requested to sign and return a copy of a Facility Agreement and relevant documents to Fundkiss for that purpose. Upon receipt of the signed documents, Fundkiss shall list your Project on its Website and shall inform the Lenders that they have the possibility of Funding the Project.

17.4 Once all our requirements in relation to your Funding application have been satisfied, and all funds from Lenders have been allocated to your application, your Project becomes fully funded. When this occurs, the application for Funding shall be complete and the Funds you borrow (less any applicable Fees) shall be transferred to you.

17.5 We may:

(i) withdraw your Funding Application, if they are not fully funded by Lenders.

(ii) withdraw your Funding Application if we consider it necessary to do so.

(iii) monitor and regulate the availability and functionality of the Lending Platform.

(iv) from time to time change the minimum or maximum amount that a Borrower can borrow from a single Lender or in total across the Lending Platform.

17.6 Each Facility Agreement is governed by key contractual terms including reimbursement and enforcement. When a Funding Application is successfully completed, your signed Facility Agreement becomes fully binding on you and each Lender.

17.7 We can enforce certain terms under a Facility Agreement and can take certain action on behalf of the relevant Lenders.

17.8 In the event where Fundkiss decides to withdraw listed Funding Application, for any reason, funds collected for that Project shall be refunded to Lenders.

17.9 You cannot sell or assign your obligations in a Funding.

17.10 You agree that you will not contact the Lenders directly as Fundkiss will act as your liaison between you and the Lenders.

18. Reimbursements

18.1 You will make payments of principal and interest under a Funding in accordance with the terms of each Facility Agreement. You will also be liable to pay all other fees, costs, charges and expenses that are referred to in each Facility Agreement or in these Terms of Use.

18.2 If you wish to repay a Facility early, you must comply with the terms of the Facility Agreement. If you repay a Facility early, Fundkiss shall inform you of all applicable Fees, costs and interests that you undertake to pay.

18.3 We will collect all payments of principal and interest (which may include our applicable Fees) due from you under the Facility Agreement by direct debit or standing order from your Nominated Bank Account (or, with our prior agreement by alternative payment method, which may incur a fee) in accordance with the repayment date provided in the Facility Agreement. You must ensure that there are sufficient funds in your Nominated Bank Account.

18.4 We do not guarantee any payments that are due from you to each Lender under any Facility Agreement.

19. Defaults

19.1 If you believe that you may not be able to make a repayment due under a Facility Agreement, you should contact us immediately.

19.2 If you miss a payment or only partially pay the amount due, we (ourselves or through an agent acting on our behalf) will contact you and ask you why you have missed a repayment, and we will attempt to collect the payment. We reserve the right to contact you by any method necessary including, without limitation, by letter, email, phone call, SMS or by sending private messages to your affiliated social media accounts. If our reattempt to collect the funds fails, 5 days after the payment was due, your account will be treated as an overdue account.

19.3 We shall thereafter take actions (including legal actions) which we deem necessary to recover the Funds. In each case we will take the recovery action that we consider to be in the best interests of the affected Lenders as a whole. We may recover our reasonable costs as a priority from any amounts recovered.

19.4 If an Event of Default occurs and continues, we may demand full repayment of the total Funding and all applicable fees under the facility from you and the Guarantor to recover the debt outstanding and will repay to each Lender their proportionate share of any funds successfully recovered.

19.5 In the event where we agree a payment plan with you, we may, at any time, verify the affordability of the payment plan by requesting information from you, which you undertake to promptly provide, and by carrying out online checks made with the MCIB .

20. Ceasing to be a Borrower and Termination

20.1 If you no longer wish to be a Borrower then, you have to clear all outstanding loans under any Facility Agreement in force. Notwithstanding the termination of the Facility Agreement after the payment of your loans, Fundkiss shall continue to keep all records pursuant to its legal obligations.

20.2 We may give you notice that we intend to terminate the relationship with you at any time (and claim all outstanding amounts due under any Facility Agreement) if:

(i) you breach any term of these Terms of Use, or the Privacy Policy.

(ii) you breach any term of a Facility Agreement and fail to remedy the breach within any period notified to you or, if no notification is provided, within a reasonable period.

(iii) you cease to be an eligible Borrower because you do not satisfy the Borrower Eligibility Criteria.

(iv) you do not respond to our reasonable requests for, or fail to provide, information or KYC documentation or otherwise.

(v) we suspect that you have committed or have been involved in fraud, money laundering or other criminal activities.

(vi) we discover that any information you have provided to us is materially incorrect, inaccurate, false or misleading.

(vii) without our specific prior written consent, you enter into any other new unsecured borrowing arrangement with a third party.

(viii) you use the Lending Platform or any information obtained or discovered through being a Borrower with us to canvass or solicit the Lender(s) or any person from Fundkiss.

(ix) you use the Lending Platform for a purpose for which the platform is not intended or other than as a marketplace for borrowing from Lenders.

(x) you use the Lending Platform in any way that causes, or is likely to cause, the platform or access to it to be interrupted or damaged in any way;

(xii) you use the Lending Platform to cause annoyance, inconvenience or needless anxiety or in a way that restricts or inhibits anyone else’s use and enjoyment of the platform.

(xiii) you use the Lending Platform for a purpose for which the platform is not intended or other than as a marketplace for lending to SMEs.

(xiv) you misuse the Lending Platform in any other way.

(xv) ; or

(xvi) we believe that any action you undertake (or fail to take) will have an adverse effect on the Lending Platform or the reputation of Fundkiss.

If we give you notice to terminate the Facility Agreement,

21. Borrower’s Covenants

21.1 You agree that you will not seek any financing for your Project on the Lending Platform from other lending platforms or other financial institutions.

21.2 You agree that once all financing for your project has been met, you will sign a direct debit instructing your bank to set up a direct debit for your repayments, you will provide a copy of the signed direct debit instruction to us.

21.3 You will promptly provide full details to Fundkiss upon you becoming aware of or suspecting that any change in your circumstances which might have an impact on the financing of your Project have occurred or may occur and will also provide Fundkiss with such information as it may reasonably require about your financial condition, business and affairs from time to time.

21.4 You agree that, for as long as there are outstanding amounts owed by you to Lenders on the Lending Platform, you will provide to Fundkiss promptly, on request by Fundkiss (or its agent):

(i) bank statements, up-to- date balance sheet and cash-flow statements, as well as other financial information as Fundkiss may require from time to time.

(ii) details and documents relating to operational policies and procedures; and

(iii) all relevant contracts or other documents that Fundkiss may require from time to time including any auditor reports, insurance documents, group structure charts and key contracts or agreements.

21.5 You agree that, for as long as there are outstanding amounts owed by you to Lenders on the Lending Platform, you will permit employees or agents of Fundkiss on reasonable notice and during business hours to attend and inspect your premises and inspect any secured assets and any of your books, accounts and records and to make copies of any such information. You agree to meet with any such employee or agent within 7 days of request by Fundkiss and answer all reasonable queries of such employee or agent.

21.6 If you are, or at any time become, aware of any current or future claim (or potential claim) by the Mauritius Revenue Authority (or any other governmental department or agency or other public body) against you, you may not accept Funding unless you have provided Fundkiss with full details of such claim (or potential claim) and we have agreed in writing that you are still eligible to proceed with your Funding Application.

22. General Obligations

22.1 You agree that you will:

(i) only use the Website and the Lending Platform (as applicable) for their intended purposes and in accordance with these Terms of Use that apply to you.

(ii) provide us with accurate information and keep it updated.

(iii) be responsible for your own virus protection software; and

(iv) comply with all applicable laws in relation to the access to and use of the Website and the Lending Platform.

23. Fees and charges

23.1 Fundkiss shall not charge any fee for the use of the Website or the creation of a Lender’s account or a Borrower’s application.

23.2 We will charge to the Lender or the Borrower (as may be applicable) all the fees, costs and/ or disbursements as provided under the Facility Agreement .

23.3 In case of recovery, Fundkiss may apply legal costs payable by the Borrowers as may be the case.

23.4 If we incur any fees or charges, such as transaction fees, bank fees or payment processing charges in our provision of Agency Services to you or otherwise, we will make you aware of these and you will reimburse us for all such costs we incur. To facilitate the reimbursement, the Borrowers authorise Fundkiss to deduct any fees at the disbursement of the Facility and/ or upon receipt of the monthly repayments for the Facility. The Lenders undertake to reimburse such fees or charges to Fundkiss.

23.5 We also reserve the right to request payments directly from you in relation to such incurred fees or charges.

23.6 We reserve the right to change or waive any applicable fees from time to time.

24. Amendments

24.1 We may make changes to these Terms of Use from time to time without your consent for any of the following reasons:

(i) to make these Terms of Use clearer or easier to understand.

(ii) to make changes to the products or services we offer or provide to you, to introduce new products or services or to withdraw products or services we no longer offer.

(iii) to change our existing products or services because of changes to technology, systems, processes or our business policies or procedures; or

(iv) to reflect changes in law, regulation, industry guidance or a decision of a court or by a regulator or ombudsman.

24.2 We may make changes to the Terms of Use without your specific agreement where those updates are, in our reasonable opinion, of an immaterial and routine nature. We may not always be able to give you advanced notice of such updates or amendments but we will always post them on the Website and on the Lending Platform so you can view them when you next log in. In these circumstances, by continuing to use the Lending Platform, or our services in allocating funds you have deposited, you agree to be bound by the amended Terms of Use.

25. Third Party Websites

25.1 The Website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third party website.

26. Intellectual Property Rights

26.1 We are the owner or the licensee of all intellectual property rights in and to the Website and the Lending Platform, and the content, information, imagery and data published on them, including copyright and trademark rights (whether registered or unregistered). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

26.2 If and to the extent that any such intellectual property rights vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights (and associated goodwill) back to us.

26.3 You shall retain ownership of all copyright in data you upload or submit to the platform. You grant us a world-wide exclusive, royalty-free, perpetual, irrevocable license to use, copy, distribute, publish and transmit such data in any manner.

26.4 We do not warrant or represent that the content of the platform does not infringe the rights of any third party.

27. Privacy and cookies

27.1 You agree that all personal information you provide to us via this Website, or the Lending Platform may be collected, stored, processed and used in accordance with our Privacy Policy.

27.2 These Terms of Use should be read alongside and are in addition to the Privacy Policy and, by using this Website, the Lending Platform and any other systems or services provided through them, you confirm that you have had a proper opportunity to read the Privacy Policy and agree to be bound by it. If you do not agree to the Privacy Policy, you must stop using this Website immediately.

27.3 When you use this Website, we may collect information about your computer (including, where available, your IP address, operating system and browser type) and your interaction with the Website, including for the purposes of marketplace administration and service improvement. Our Privacy and Cookie Policy is relevant for that purpose.

28. Your Liability to Us

28.1 You will be liable to us for any loss or foreseeable damage suffered by us as a result of:

(i) any breach by you of these Terms of Use, any Facility Agreement or the Privacy and Cookie Policy.

(ii) your negligence or wilful default.

(iii) any fraudulent use by you of the Lending Platform; and

(iv) any and all misuse of your username, password, the Website or the Lending Platform.

29. Our Liability to You

29.1 We shall be liable to you for any foreseeable loss or damage suffered by you as a result of:

(i) any breach of these Terms of Use by us; and

(ii) our negligence, wilful default or fraud by us or our employees.

29.2 We shall not be liable to you for loss or damage which is not foreseeable or from circumstances that are beyond our reasonable control.

30. Miscellaneous

30.1 The information provided on the Lending Platform is directed solely at and is for use solely by persons and organisations that meet the criteria of Borrowers or Lenders above and the equivalent criteria set out in the Terms of Use.

30.2 You are permitted to download and print content from the Lending Platform solely for your own personal use or in the course of your business to the extent required to use the services provided on this platform. Fundkiss supplied content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written consent.

30.3 We will endeavour to ensure that the Lending Platform is available for you to use at any time. However, this is not something we are able to guarantee and there may be times when the Lending Platform is not available. We will do our best to notify you via our Website when we know this service will be unavailable. You can contact us when the Lending Platform is not available by emailing [email protected] or calling our customer service team on the +230 218 2195.

30.4 You agree to use the Lending Platform only for lawful purposes and for the purposes set out in these Terms of Use and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else’s use and enjoyment of the platform.

30.5 You agree not to use the Lending Platform or any information accessible on or obtained from it for the purpose of canvassing or soliciting any person or enticing any person away from Fundkiss.

30.6 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the platform is free from viruses and anything else which may have a contaminating or destructive effect on any part of the platform or any other technology.

30.7 The content and material available through the platform are for informational purposes only and should not be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell investments, securities or any other financial services or banking product. If you are unsure about whether a product is suitable you should contact an independent financial adviser.

30.8 You are responsible for all costs incurred by you in accessing the platform.

30.9 We accept no responsibility or liability for your use of content on the platform and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses or other malicious programs on the platform, we accept no liability for them if they do exist. It is your responsibility to use, update and maintain appropriate antivirus software on your computer.

30.10 We take reasonable precautions to ensure that our systems are secure. However, information transmitted via our systems will pass over public telecommunications networks. We accept no liability if communications sent via the platform are intercepted by third parties or incorrectly delivered or not delivered.

30.11 If any of these terms and conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.

30.12 All disclaimers, indemnities and exclusions in these Terms of Use shall survive termination of the agreement between us for any reason.

30.13 We may, in whole or in part, release, compound, compromise, waive or postpone, in our absolute discretion, any liability owed to us or right granted to us in these Terms of Use without in any way prejudicing or affecting our rights in respect of that or any other liability or right not so released, compounded, compromised, waived or postponed.

30.14 No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.

30.15 Please ensure that you read these terms and conditions carefully as these will bind you and govern your relationship with Fundkiss, the Lenders and the Borrowers. If you are uncertain as to your rights under them or would like an explanation, please get in touch with us.

30.16 Fundkiss may exercise any of its rights under these terms and conditions by itself or through any company or other legal entity which is under the control or ownership of Fundkiss and each such entity can rely on these terms as though it were a party to this contract.

30.17 These Terms of Use are governed by the laws of Mauritius. In the event of any matter or dispute arising out of or in connection with these Terms of Use, you and we shall submit to the non-exclusive jurisdiction of the courts of Mauritius.

31. Disclaimers

31.1 Fundkiss is giving no undertaking nor giving any warranty or representation as to:

(i) The ability of a borrower to pay; or

(ii) a borrower’s credit risk.

31.2 Fundkiss is not liable in any manner whatsoever for the debts of Borrowers.

31.3 Information on the Lending Platform does not constitute advice, recommendation or an endorsement of Funding requests.

31.4 Fundkiss is making no representation nor giving any warranty as to the accuracy of the data displayed for the Projects, nor whether the information is up to date or error free.

31.5 Fundkiss does not guarantee that a given project will be successfully funded or that there will be sufficient Lenders for a project.

These Terms of Use have been updated on the 30th of June 2025

32. Glossary

Agency Services The agency services provided by Fundkiss to facilitate the Funding between the Lenders and the Borrowers as outlined in the Terms of Use.

Borrower A person who is borrowing Funds from the Lenders pursuant to a Facility Agreement.

Borrower’s Eligibility Criteria It is the criteria established by Fundkiss to determine whether a person is able to borrow through the Lending Platform.

Dashboard A feature of the Lending Platform which allows the Lenders inter alia to view the amount of funds that they have invested in the Project, the amount of funds they have in their Wallet.

Disbursement The moment the Funding is made available to the Borrower when the required total funding has successfully been raised for the Project.

Event of Default It is an event where the Borrower defaults as described in a Facility Agreement.

Facility Agreement The Peer-to-Peer Lending Agreement whereby each of the Lenders have agreed to provide funds in its own name to a Borrower for the Project and the Borrower has agreed to borrow such funds through the Lending Platform operated by Fundkiss in accordance with the Facility Agreement.

Funding The total amount of funds successfully raised for the Project that the Lenders have committed to lend to a Borrower through the Lending Platform;

Funding Application It is the application for Funding made by the Borrower through the Lending Platform.

Fundkiss (“we”) FUNDKISS TECHNOLOGIES LIMITED, a P2P Operator which holds a Peer-to-Peer Lending Licence from the Financial Services Commission Mauritius to operate the Lending Platform and acting as agent for the Lenders for the purposes of this Agreement.

Guarantor The person acting as guarantor for the Indebtedness and includes shareholders, directors, successors, heirs, assigns or any third party, as applicable

Indebtedness The Funding together with interests, administrative fees, charges, costs, penalties and any amount outstanding whatsoever as may be due and demandable pursuant to a Facility Agreement.

Lender Any person, physical, body corporate or incorporate, who has agreed to provide funds in its own name to the Borrower through the Lending Platform pursuant to a Facility Agreement.

Lender’s Eligibility Criteria It is the criteria established by Fundkiss to determine whether a person is able to lend through the Lending Platform.

Project The purpose for which funds is being sought by the Borrower, particulars of which are published on the Lending Platform.

Terms of Use The present document encompassing the terms and conditions for the use of the Lending Platform published on Fundkiss website and is deemed to be accepted by the Users.

Users Borrowers, Lenders and all the persons using the Website of Fundkiss and the Lending Platform.