Personal Loan Agreement

This Personal Loan Agreement is signed by the following parties dated ${loanApplyTime}:
Principal
1. The Lender agrees to advance to the Borrower a loan in the principal amount of ${loanAmount} (“the Loan”) .
Interest
2. The Borrower shall repay the Loan, together with applicable interest thereon by ${totalStage} successive monthly instalments comprising both principal and interest(“Instalment(s)”). Upon the Borrower receives the Loan proceeds from the Lender, the Borrower is deemed to have accepted and agreed to abide by this Agreement and be bound by it.
3. Interest shall accrue on the outstanding principal amount of the Loan at the rate of ${interestRate}%. Throughout the whole repayment tenor, each Instalment will be apportioned to settle the interest payable of the month and part of the remaining principal based on “Rule of 78”, which is an interest calculation methodology under which a greater portion of the monthly Instalment payment amount is allocated to the payment of interest and a smaller portion of such amount is allocated to the payment of principal during the earlier stages of loan repayment, (ii) the proportion of the monthly Instalment payment allocated to interest gradually diminishes as the loan approaches maturity and (iii) this means that each monthly Instalment payment does not represent an equal proportion of principal repaid.
Repayment
4. The Lender has full rights to set the repayment due date (hereinafter referred to as the "Repayment Due Date") of each month and the Instalment amount of the month. The Repayment Due Dates and Installments throughout the whole repayment tenor are stipulated in the table below. The Borrower undertakes to fulfill its repayment responsibility in accordance with the table.
Loan Repayment Schedule:
<#list repaymentPlanList as item>
Loan
Tenor
Repayment
Due Date
Monthly
Instalment
HK$
Principal
HK$
Interest
HK$
Outstanding
Balance HK$
Total
If there is any difference, the latest repayment schedule in the APP - COCO CREDIT shall prevail.
5. Payment Methods:
(i) Through 7-11 QR code (displayed in the App)
(ii) Through Bank Transfer/cheque,
(iii) Through Fast Payment System FPS ID:103974697
6. If, according to the repayment schedule, the scheduled repayment day is not a bank clearing day in that month, the last banking clearing day before the scheduled repayment day will become the repayment day of that month.
7. Any repayment made by the Borrower will be apportioned to settle, firstly (i) any legal and collection fees, (ii) any late charges and other fees and charges; (iii) any interest accrued, and lastly (iv) the outstanding principal, or in any other as the Lender may at its absolute discretion from time to time determine without prior reference to the Borrower.
Prepayment
8. The Borrower shall notify the Lender in writing or by electronic means at least seven (7) business days before applying for full prepayment of the whole of the Loan. Permission of prepayment is subject to full settlement of the outstanding principal balance and interest in one lump-sum. No application for partial prepayment of the Loan will be accepted.
9. Prepayment is settled after the Borrower repays the interest that would otherwise have been payable on the next monthly repayment date, outstanding principal amount of the Loan, and a prepayment charges (equal to ${earlySettleFeeRate}% of the Loan).
Overdue
10. Without prejudice to the other rights and remedies of the Lender, when the Borrower is in default of making any Instalments or any part thereof when due, the Borrower will be liable for overdue interest, default handling fee and late fee, which are determined and changed at the Lender’s absolute discretion.
11. The Lender shall be entitled to employ outside debt collection agency and/or institution to collect any or all sum due but unpaid by the Borrower and for so doing, the Borrower shall be obliged to fully indemnify the Lender for amount of costs and expenses reasonably incurred by the Lender in employing such outside debt collection agency or institution or its nominated agent and all legal fees and disbursements reasonably incurred by the Lender in recovery thereof, if any.
12. When a repayment is overdue, the Borrower agrees that the Lender can set up Electronic Direct Debit Authorization by third-party service to Borrower's bank accounts in Hong Kong to debit the outstanding amount and/or interest (including fees incurred by this debit service) without prior notice.
Renewal Agreement
13. Before the last Instalment is due or has been paid in full by the Borrower, both parties can negotiate to replace this Agreement with a renewed agreement. The outstanding amount of the Loan under this Agreement, along with any applicable interest and fee arrears, will be combined with the loan amount under the proposed renewed agreement. Accrued interest under this Agreement until the Date of Advance of the proposed renewed agreement, if any, shall also be added to the loan amount of the proposed renewed agreement.
14. If the provisions of the renewed agreement is confirmed and accepted by both parties, the renewed agreement will supersede and replace this Agreement and all prior agreements, promises, and undertakings, oral or written, between the Lender and Borrower regarding the personal loan covered hereby.
Termination as a result of overdue or other reasons
15. The outstanding principal, interest and other charges under the Loan shall be subject to the Lender’s overriding right of repayment on demand.
16. The Loan together with all accrued interest and other fees, charges and expenses (including, without limitation, legal costs and expenses reasonably incurred in enforcing this Agreement) shall become immediately due and payable without notice or demand by the Lender upon occurrence of any of the following events of default :
(a) if the Borrower default in payment of any of the Monthly Instalments or any part thereof or any other sums payable hereunder (whether demanded or not);
(b) if the Borrower fail to observe or comply with any of the provision of this Agreement or any agreement or undertaking collateral or supplemental hereto;
(c) if any information provided and/or any representation or warranty made by the Borrower in the application of this Loan is or proves to have been incorrect or inaccurate in any material respect;
(d) if the Borrower dies or is deemed to be unable to repay under this Agreement as the Loan falls due, or admit inability to repay under this Agreement as the Loan falls due or have a bankruptcy petition or order filed or made against the Borrower;
(e) if a legal action, being a direct or potential threat to the Lender’s financial status, has been threatened or commenced against he/she and the Lender have failed to show cause to the Lender to its satisfaction within 7 days upon the Lender’s written request for the Borrower to do so;
(f) if distress or execution shall be levied or threatened upon any of the Borrower’s property and judgment against the Borrower shall remain unsatisfied for more than 14 days; or
(g) if in the opinion of the Lender, the Borrower encounter or likely to encounter financial problems or otherwise not in a position to effectually perform or observe any of my/our obligations hereunder.
17. The Borrower authorizes Lender to disclose to or obtain from other parties such information in respect of the Borrower or the Loan at any time as Lender may deem necessary without further reference to or consent from the Borrower.
Personal Data and Consumer Credit Data
18. The Borrower hereby acknowledge receipt of and confirm that the Borrower have read and understood and agree to be bound by the Lender’s notice relating to the “Personal Data (Privacy) Ordinance” prevailing from time to time.
19. The Borrower agree that the Lender may access any credit reference agency for credit reports on the Borrower for the purpose of the Lender’s review of the Borrower’s credit facilities at any time as it deems necessary and appropriate. In case the Borrower revokes his/her consent to such access or the Lender’s access to any such agency for such purpose is otherwise denied, the Lender may exercise its rights and powers under Clauses 13 and 14 hereinabove mentioned as if the Borrower were not in compliance with this Agreement.
Borrower’s Representations, Warranties and Undertakings
20. The Borrower represents and warrants to the Lender that:
(a) the Borrower possesses undisputed power to enter into and perform the Agreement;
(b) the Agreement constitutes the Borrower’s legal, valid and binding obligations enforceable in accordance with its terms;
(c) the entry into and performance by the Borrower of the Agreement do not and will not conflict with any document or agreement which is binding on the Borrower or any of the Borrower’s asset;
(d) all information, documents and representations provided by the Borrower to the Lender at any time are true and correct;
(e) no litigation, arbitration or administrative proceedings are current or, to the Borrower’s knowledge, pending or threatened, which might, if adversely determined, have a material adverse effect on the business or financial condition of the Borrower or the ability of the Borrower to perform his/her obligations under this Agreement;
(f) the Borrower will promptly supply to the Lender on request, such information relating to the Borrower as the Lender may from time to time request;
(g) the Borrower will promptly notify the Lender upon becoming aware of any event or thing which would be likely to materially and adversely affect the Borrower’s ability to perform the Borrower’s obligations under the Agreement;
(h) the Borrower has not entered and will not enter into any agreement or obligation with any third party which might materially and adversely affect his/her financial condition.
Indemnity
21. The Borrower shall indemnify the Lender and keep the Lender effectually indemnified from and against all losses, damages, costs, charges, expenses and liabilities which may be suffered sustained or incurred by the Lender and all actions, suits, proceedings, claims or demands of any nature whatsoever which may be taken, made or threatened against the Lender or which may arise directly or indirectly by reason of the Lender entering into this Agreement or advancing the Loan; or by reason of the operation of this Agreement; or the enforcement by the Lender of any of its rights and remedies herein or by reason of the violation of this Agreement by the Borrower, the termination or early termination of this Agreement. “Lender” under this paragraph shall includes the Lender, and the Lender’s owners, officers, employees, connected persons and agents.
Notice
22. Any notice, demand or other communication to the Borrower shall be sent to the Borrower’s last known e-mail or physical address or such other e-mail or physical address as may have been notified in writing by the to the Lender and, if (a) deliver personally, shall be deemed to have been given at the time of such delivery; (b) despatch by letter postage, shall be deemed to have been given 24 hours after posting; and (c) transmitted by facsimile or other electronic means, shall be deemed to have been given at the time of despatch. Any notice or communication to the Lender shall not be effective until actually received by the Lender.
23. Questions, comments and requests regarding this Agreement are welcome. If the Borrower has any questions, complaints, or suggestions about this Agreement or any requests for access to or correction of information held by COCO CREDIT, requests for information on COCO CREDIT data policies and practices, or types of information held, please contact the Lender in the following manner:
LEAPSTART(HK) LIMITED
TA12 6F Woon Lee Commercial Building, 7-9 Austin Avenue, Tsim Sha Tsui,
Attn:HK Personal Data Officer
E-mail: support@cococredit.com
Amendments and Variation
24. The Lender shall be entitled from time to time and at such time at its sole and absolute discretion without the Borrower consent to replace, revise, increase, add, amend and/or delete any or all of the provisions under this Agreement for the time being in force; or to prescribe, from time to time, fees and charges payable in respect of the Loan. Notice for this purpose shall be desptached and become effective according to paragraph 20 above.
Assignment
25. The Lender shall be entitled at its sole discretion to assign or transfer any or all of its rights and obligations in relation to the Loan and the Borrower agree to execute such documents and do such acts and things as the Lender may reasonably require to give full effect to such assignment or transfer.
General
26. No failure or delay by the Lender to exercise any rights or any indulgence granted by the Lender to the Borrower shall operate as waiver or in any way prejudice any of the rights of the Lender. Rights and remedies of the Lender herein provided are cumulative and not exclusive of any rights or remedies provided by law.
27. Each of the provisions of this Agreement is severable and distinct from the others and the invalidity or unenforceability of any such provisions shall not affect the remaining provisions.
Governing Law
28. This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. The Borrower shall submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
Language
29. The Chinese version of this Agreement is provided for information only. If there is any inconsistency or conflict between the English version and the Chinese version of this Agreement, the English version prevails.

Memorandum of Loan Agreement

The Borrower, ${name}, residential address at ${residentialAddress}, nationality is ${nationalityType}, with Hong Kong Identity Card of number ${certificateNo} / passport of number ${passportNo}, hereby confirm the following essential terms and conditions of the Personal Loan Agreement (“Agreement”):
(1) reference number of the Agreement: ${contractNo};
(2) the Lender of the Agreement is Leapstart (HK) Limited, a licensed money lender carrying on its business at TA12, 6th Floor, Whalley Commercial Building, 7-9 Austin Road, Tsim Sha Tsui, Kowloon, Hong Kong (the “Lender”);
(3) the name and address of the surety: [not applicable];
(4) the form of security for the Loan: [not applicable];
(5) the amount of the principal of the loan in words and figures: HK$ ${loanAmount} ;
(6) effective annual interest rate (assuming penalty interest and fees as a result of overdue, early termination are irrelevant) : ${interestRate}%;
(7) Effective Date of the Agreement: ${loanApplyTime};
(8) Date of Advance: equivalent to the Effective Date of the Agreement, unless otherwise agreed by both Parties;
(9) this Agreement is negotiated and signed in the COCO CREDIT’s mobile application. The Lender and the Borrower understand and agree that they have the right to sign this Agreement through electronic signature technology, which is in compliance with relevant laws in Hong Kong governing electronic signatures. Both parties also agree that their electronic signature is legally binding as if the signature was made in handwriting.
Declaration:
The Borrower declare and understand that upon the Borrower’s acceptance of the loan granted by the Lender under this Agreement via phone/Internet/Mobile Application, the Borrower shall be bound by the contractual terms under this Agreement. The Borrower also understand that his/her application is always subject to the final approval and acceptance of the Lender and it is necessary to access the Borrower’s credit data held by the credit reference agency and to obtain a credit report for consideration of this application and/or for further account review which include but not limited to the Borrower’s further loan application with the Lender via phone/Internet/Mobile Application/fax or whatever channels acceptable to the Lender.
The Borrower also declare that The Borrower has not entered into or signed any agreement with any other person or company (“third party”) for or in relation to the procuring, negotiation, obtaining or application of the loan, guaranteeing or securing the repayment of the loan (other than any agreement with solicitors instructed by the intending borrower for the provision of legal services solely); and the third party has not charged, recovered, demanded or received and/or will not charge, recover, demand or receive any fees, charges, reward or consideration.
The Borrower understands that it is an offence for a person to fraudulently induce a money lender to lend money by false or misleading statement or dishonest concealment of material facts.
The Borrower affirms that the Borrower has made full and honest disclosure of the above information on the involvement of any third parties in relation to the loan, if any. The Borrower has read and understands the provisions of the Money Lenders Ordinance summarized below, the Borrower understands the summary is not part of the law, and reference should be made to the provisions of the Ordinance itself in case of doubt and seek independent legal advice if necessary.
Summary of Part III of the Ordinance - Money Lenders Transactions
Section 18 sets out the requirements relating to loans made by a money lender. Every agreement for a loan must be put into writing and signed by the borrower within 7 days of making the agreement and before the money is lent. A copy of the signed note of the agreement must be given to the borrower, with a copy of this summary, at the time of signing. The signed note must contain full details of the loan, including the terms of repayment, the form of security and the rate of interest. An agreement which does not comply with the requirements will be unenforceable, except where a court is satisfied that it would be unjust not to enforce it.
Section 19 provides that a money lender must, if requested in writing and on payment of the prescribed fee for expenses, give the original and a copy of a written statement of a borrower's current position under a loan agreement, including how much has been paid, how much is due or will be due, and the rate of interest. The borrower must endorse on the copy of the statement words to the effect that he has received the original of the written statement and return the copy as so endorsed to the money lender. The money lender must retain the copy of the statement so returned during the continuance of the agreement to which that statement relates. If the money lender does not do so he commits an offence. The money lender must also, upon a request in writing, supply a copy of any document relating to the loan or security. But a request cannot be made more than once per month. Interest is not payable for so long as the money lender, without good reason, fails to comply with any request mentioned in this paragraph.
Section 20 provides that the surety, unless he is also the borrower, must within 7 days of making the agreement be given a copy of the signed note of the agreement, a copy of the security instrument (if any) and a statement with details of the total amount payable. The money lender must also give the surety, upon request in writing at any time (but not more than once per month) a signed statement showing details of the total sum paid and remaining to be paid. The security is not enforceable for so long as the money lender, without good reason, fails to comply.
Section 21 provides that a borrower may at any time, on giving written notice, repay a loan together with interest to the date of repayment, and no higher rate of interest may be charged for early repayment. This provision, however, will not apply where the money lender is recognized, or is a member of an association recognized, by the Financial Secretary by notice in the Gazette in force under section 33A(4) of the Ordinance.
Section 22 states that a loan agreement is illegal if it provides for the payment of compound interest, or provides that a loan may not be repaid by instalments. A loan agreement is also illegal if it charges a higher rate of interest on amounts due but not paid, although it may provide for charging simple interest on that part of the principal and interest outstanding at a rate not exceeding the rate payable apart from any default. The illegal agreement may, however, be declared legal in whole or in part by a court if the court is satisfied that it would be unjust if the agreement were illegal because it did not comply with this section.
Section 23 declares that a loan agreement with a money lender and any security given for the loan will not be enforceable if the money lender was unlicensed at the time of making the agreement or taking the security. The loan agreement or security may, however, be declared enforceable in whole or in part by a court if the court is satisfied that it would be unjust if the agreement or security were unenforceable by virtue of this section.
Summary of Part IV of the Ordinance - Excessive Interest Rates Section 24 fixes the maximum effective rate of interest on any loan (the "effective rate" is to be calculated in accordance with the Second Schedule to the Ordinance). A loan agreement providing for a higher effective rate will be unenforceable and the lender will be liable to prosecution. This maximum rate may be changed by the Legislative Council but not so as to affect existing agreements. The section does not apply to any loan made to a company which has a paid up share capital of not less than $1,000,000 or, in respect of any such loan, to any person who makes that loan.
Section 25 provides that where court proceedings are taken to enforce a loan agreement or security for a loan or where a borrower or surety himself applies to a court for relief, the court may look at the terms of the agreement to see whether the terms are grossly unfair or exorbitant (an effective rate of interest exceeding the rate specified in the section, may be presumed, on that ground alone, to be exorbitant), and, taking into account all the circumstances, it may alter the terms of the agreement in such a manner as to be fair to all parties. This section does not apply to any loan made to a company which has a paid up share capital of not less than $1,000,000 or, in respect of any such loan, to any person who makes that loan.
Signature
   For and on behalf of
   LEAPSTART(HK) LIMITED
             I hereby confirm my understanding of
   and acceptance to the above terms
   and conditions herein set out.
         
   Lender: Leapstart (HK) Limited              Borrower: ${name}
   Date: ${loanApplyTime}    Date: ${loanApplyTime}