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General Terms and Conditions of Use October

Disclaimer: October is the new name of Lendix.

We welcome you to october.eu and app.october.eu (hereinafter the “Site”)

The Site is published by Lendix SA (RCS Paris 804 264 174), 94 rue de la Victoire, 75009 Paris

Director of publication: Olivier Goy – President

E-mail address: contact@october.eu

The sections reserved for borrowers (under the fr.october.eu/borrow and app.fr.october.eu/requests directories) as well as the section reserved for professional investors (under the fr.october.eu/institutional directory) are proposed by Lendix Factory (RCS Paris 823 469 846), a portfolio management company approved by the Autorité des Marchés Financiers under number GP16000030

The other sections are proposed by Lendix IFP (RCS Paris 808 353 155), registered as an Equity Financing Intermediary with the Organisation for the Single Register of Insurance, Banking and Finance Intermediaries (ORIAS), under number 15000364. Lendix IFP is Lemon Way’s payment service provider agent under number 808353155 on the REGAFI register

The Site is hosted by OVH (RCS Lille Métropole 424 761 419), Société par actions simplifiée, 2 rue Kellermann – 59100 Roubaix – France and Amazon Web Services LLC, P.O. Box 81226, Seattle, WA 98108-1226

Any dispute relating in particular to the validity, interpretation, execution or termination of these GCU shall fall within the exclusive jurisdiction of the French courts

Navigation on the Site is subject to the European and French laws and regulations in force and to these General Terms and Conditions of Use (hereinafter “GTC”)

Thereafter, Lendix refers to Lendix SA and its subsidiaries

1. Access to the site

1.1 General provisions

To access and use all the features of the Site, you must be of legal age or a minor with parental consent, not be considered a “US person” within the meaning of the US tax authorities, have a bank account in the Euro zone, a valid e-mail address and a mobile phone number

Access to some of the sections of the Site requires the use of personal access codes, in which case it is your responsibility to take appropriate measures to ensure the secrecy of these codes, which you may modify at any time, but the number of attempts to access these sections may be limited in order to prevent fraudulent use of these codes, and we invite you to inform us of any fraudulent use of which you may become aware

You acknowledge that the data you provide to us and which are stored in our information systems are accurate and constitute proof of your identity, and we kindly ask you to inform us of any changes to this data

In the event of non-compliance with the rules described in these General Terms and Conditions of Use, we reserve the right to suspend your access to the Site, in which case we will inform you as soon as possible

Although we strive to keep the Site accessible at all times, we cannot guarantee you this access in all circumstances, as access to the Site may be interrupted for reasons of maintenance, updating, or any other reason beyond our control, without Lendix’s liability and navigation on the marketplace is entirely secure (SSL – https)

1.2. registration of individual lenders

1.2.1 Pre-Registration – Step 1: Validation of the T&C

Before you can access the list of projects available on the site, you must

Pre-register (by providing your full name, e-mail address and choosing a password that must contain at least 8 characters including 1 number)

Validate these Site Terms and Conditions, as well as the General Terms and Conditions of the Payment and/or Electronic Money Service Provider or any intermediary mandated by the Platform appearing on the Site at the address www.fr.october.eu/cgupsp by checking the box provided for this purpose

Confirm your email address, by clicking on the link of the email that was sent to you following your pre-registration

During this step, you will automatically be registered to receive a regular newsletter presenting the new projects available on the Site, as well as the evolution of current projects, if you wish to unsubscribe from this newsletter, simply unsubscribe when you receive the first letter by clicking on the link included inside this letter

Following this step, you have the choice between continuing your registration or browsing the site to discover projects to be financed…

1.2.2 Pre-registration – Step 2: Security, Two-factor authentication and simple electronic signature

Some additional information is requested from you, including your date of birth, place of residence and mobile phone number

The investment process and the simple electronic signature of loan contracts on the Site takes place through a secure session (SSL – https) with bi-factor authentication including 2 steps

1.2.3 Registration: KYC (Know Your Customer) Process – Verification of your identity

As Lendix IFP carries out an intermediation activity in participatory financing, the Site is subject to the regulations in force relating to the fight against money laundering and terrorist financing

For this reason, before you can access all the features of the Site, and in particular before you can invest in accordance with Article 2 of these T&Cs, you must download the following 3 documents

This verification step is entirely manual and may take up to 2 business days

Any false or irregular declaration may be subject to specific processing in order to prevent fraud

1.2.4 Subscribing to your Lendix Account

Before you can invest on the Site in accordance with article 2 of these T&Cs, you must fund your Lendix Account by credit card (up to €1,000 per transaction, within a limit of €2,000 over 30 sliding days) or by transfer

1.2.5 Adequacy test

At the end of the verification process, you must answer a multiple choice questionnaire (estimated filling time: 1 minute) to confirm your investment capacities and your suitability to invest on the site

1.3. registration of borrowers

1.3.1 Testing your company’s eligibility for Lendix financing, free of charge and without commitment

By going to the following link: https://fr.october.eu/emprunter/, you can test your company’s eligibility for Lendix financing by first communicating your company’s SIREN, the amount of financing you want and the purpose of the financing

In order to receive the result of your eligibility test, you will be asked to register and in particular to check your e-mail address and the need for funding

1.3.2 Preparation of the financing file and analysis

The constitution of the financing file will be mainly manual and will require the following documents to be sent (without this list being exhaustive)

An analyst will contact you by e-mail and telephone as soon as possible to review your project and better understand your needs, and may request additional documents if necessary to prepare his analysis, which he will then formally submit to the Lendix Factory Credit Committee

The duration of this process varies, and takes on average 4 to 5 working days depending on the nature of the case and the speed of the exchanges

After validation by the Lendix Factory committee, the funding request is sent to Lendix IFP, which decides on eligibility for participatory funding

1.3.3 KYC (Know Your Customer) Process – Verification of Your Company’s identities and the identity of the Officer(s) authorized to commit the Company

Lendix Factory is subject to the regulations in force relating to the fight against money laundering and terrorist financing, and for this reason, we will have to validate the identity of the ultimate beneficiaries of the operation and the company’s managers in parallel with the credit analysis

Any false or irregular declaration may be subject to specific processing in order to prevent fraud

1.3.4 Acceptance of the Loan Offer / Electronic Signature

At the end of the deliberations of the Lendix Factory Credit Committee, we will inform you of the acceptance or refusal of the financing of your project, and you expressly acknowledge that this decision is taken at L Factendixory’s discretion, and that Lendix Factory cannot be held liable for the decision to refuse

In the event of a positive response from us, your project will only be put online after the signature of our Borrower Agreement, which lists the information provided by you during the steps detailed in paragraphs 1.3.1 to 1.3.4 above of these GCU, the main characteristics of the loan (amount, duration, rate, fees and commissions, estimated TEG), as well as the legal conditions for putting your project online on the Site

The Borrower Agreement must be reviewed and signed manually or electronically by you

By signing the Borrower Agreement and the mandate included in its appendices, you formally mandate Lendix IFP to sign electronically on your behalf the multiple loan agreements of the Lenders

2. Use of the site

We remind you that the use of the Site requires that you have the necessary hardware and software to use the Internet

In addition, we remind you that since the Internet does not guarantee the security, availability and integrity of data transmissions, we cannot be held liable for any errors, omissions, deletions, delays, failures (particularly due to viruses), communication lines, computer equipment and software over which we have no control or in the event of unauthorized use or damage to any content you may publish on this Site

On the secure areas, you will be able to learn about investment or borrowing opportunities and thus either lend to companies or borrow from individuals

You undertake to use the information made available on the Site exclusively for the purpose of determining the advisability of subscribing to a financing request or obtaining financing

In addition, you agree to indemnify Lendix for any harmful consequences related directly or indirectly to the use you make of the service

The following provisions are expressly brought to your attention: By using this Site, you agree not to

Lendix shall not be liable for any direct or indirect damage resulting from the use of this Site

2.1. services offered on the Site

2.1.1 You wish to lend on the Site

Lenders investing on the French Lendix site are individuals of legal age

The Lendix Account is an account that allows you to simply invest your savings in loans issued by French companies

You can open a Lendix Account from 50€ and lend from 20€ to many companies selected by our teams of analysts

You choose the companies you like, and in a few clicks you lend and every month you receive the deadlines honored by the companies you have lent to

We invite you to read the General Terms and Conditions of our Payment and/or Electronic Money Service Provider or any intermediary mandated by the Platform appearing on the Site at www.fr.october.eu/cgupsp which describe the operation of the payment and refund operations that could be carried out on your Lendix Account

We remind you that lending money to small and medium-sized businesses presents a risk of total or partial loss of the sums lent, and requires you to immobilize the sums lent throughout the term of the loan, and we invite you to diversify your savings on a large number of projects in order to offset the risk of default (and loss) on a given project. diversification is a fundamental point for any investor on a loan platform

We invite you to take the time to reflect and carefully read the documentation available on the Site and check all the information you consider useful before making your decision

Lendix IFP will not be held liable for the financial and tax consequences of the loans granted by you on the Site, and reminds you that you retain full initiative and responsibility for the loan granting choices made on the Site

2.1.2 You wish to borrow on the Site

You are a company domiciled in metropolitan France and registered in the Trade and Companies Register, and have closed at least two financial years

You need a professional loan to finance a specific project, quickly and without compensation

Lendix Factory teams analyze your file and give you access to a database of investors ready to finance your project, and you undertake to provide Lendix Factory, for the study of your file and then as part of the information published on the Site, with accurate, precise, complete and unambiguous information on your project and your company’s situation

We invite you to read the General Terms and Conditions of our Payment and/or Electronic Money Service Provider or any intermediary mandated by the Platform appearing on the Site at www.fr.october.eu/cgupsp which describe the operation of the payment and refund operations that could be carried out on your Lendix Account

We remind you that borrowing money from the public is a risk of over-indebtedness, so be careful to define your financing needs and your ability to repay

Lendix does not provide financial advice to borrowers and cannot be held responsible for the financial and tax consequences of any loans you may receive on the Site, and you are reminded that you retain full initiative and responsibility for the financing and repayment of your project

2.2. downloadable content

We may make available to you on this Site content that you are authorized to download (hereinafter the “Downloadable Content”) and by downloading or using such Downloadable Content, you agree to use it in accordance with these TOU

We grant you, for your personal and private use only, free of charge and for the legal term of copyright protection, a non-exclusive and non-transferable right to use the Downloadable Content, and any reproduction, representation, modification or distribution of the Downloadable Content requires our express permission

2.3. personal data

For more information on how we process your personal data, please consult our privacy policy, which can be accessed via the following link: http://fr.october.eu/confidentialite

3. Tariff conditions

To find out the prices of the services offered on the Site, please refer to our dedicated page

4. Taxation

Certain information about the taxation of the granting of loans by individual investors is provided to you for information purposes only on the Site, on our faqs, and you acknowledge that this information is provided for information purposes only and does not constitute tax advice

Lendix will not be liable for the financial and tax consequences of loans granted or received on the Site, and encourages you to consult your own legal or tax advisor to review your own situation

5. Convention of proof

The acceptance of the GCU by electronic means has, between the parties, the same probative value as the paper agreement

The computerized records kept in the computer systems shall be kept under reasonable security conditions and shall be considered as evidence of communications between the parties

The archiving of contractual documents is carried out on a reliable and durable medium that can be produced as evidence

6. Loan agreements

6.1. loan agreements signed by lenders

By signing these General Terms and Conditions of Use, you, as a lender, accept that the signature of the loan contracts that you will be required to conclude on the october.eu platform is carried out by following the steps described below, and you acknowledge that it represents a simple electronic signature within the meaning of Article 1316-4 2nd paragraph of the Civil Code

See an example of a loan agreement.

6.2. management of the recovery of Finsquare loan contracts

Following the takeover of Invex (in the commercial name of Finsquare) by Lendix SA, Lendix Factory is in charge of the amicable collection of the receivables initially intermediated by Invex

In the event of a delay or default in payment by the borrower under the loan agreements, Lendix Factory shall, on behalf of the lenders, collect the loans amicably or judicially and shall take all necessary measures (or have them taken) to collect the loans and, where applicable, to put the subscribed insurance into effect

Lendix Factory provides amicable collection on behalf of all lenders on the same project

For any act it performs in this context, Lendix Factory shall specify its capacity to act in the name and on behalf of the lenders in respect of the same project and the rights of the lenders against the borrower, in particular any statement of claims in the context of a collective procedure of the borrower

Lendix Factory may use all acts, documents, contracts relating to the loans that financed the project as well as the insurance subscribed and the information they contain for the purposes of the actions necessary to recover the loans, within the limits of the confidentiality clauses, if any, stipulated therein and the mandatory legal and regulatory provisions

Lendix Factory is entitled to renegotiate and accept, in the name and on behalf of the lenders, any adjustment of the loans and to sign all deeds necessary for such renegotiation, provided that such renegotiation makes it possible, in Lendix Factory’s opinion, to accelerate or improve recovery or to avoid a deterioration or loss of the nominal value of the loans, subject to prior notice to the lenders of the adjustments thus proposed

In these collection actions and any renegotiations, Lendix Factory will have to ensure that it always acts in accordance with what it considers to be in the best interests of all lenders to the borrower’s project

Lendix Factory declares that it has completed all the formalities required by the applicable regulations to be validly authorised to collect debts on behalf of others, in particular, in the case of France, those referred to in Articles L. 124-1 and R. 124-1 to R. 124-7 of the Code of Civil Enforcement Procedures (codifying Decree No. 96-1112 of 18 December 1996 regulating persons carrying out amicable debt collection on behalf of others) Lendix Factory undertakes to maintain in force throughout the duration of its collection mandate with respect to

6.3. transfer of receivables

To date, the assignment of receivables on the Lendix platform is not permitted, we apologize for not being able to offer you this possibility, as the assignment of receivables between individuals is formally prohibited in some countries and poses many legal problems in its formalization, if you decide to assign your receivable to a third party, it is your responsibility to verify that you do so legally and to fulfil any contractual commitments you may have made, including redirecting payments, Lendix cannot modify your portfolio and the loans will continue to be managed by Lendix as if they still belong to you

7. Information contained on the site

7.1 General provisions

We strive to provide you with accurate and up-to-date information, however, since the transmission of data and information over the Internet is only technically reliable, we cannot guarantee the accuracy of all information on this Site and assume no responsibility for the use of such information

In addition, we remind you that inaccuracies or omissions may appear in the information available on this Site, particularly due to intrusion by third parties, and we invite you to report any inaccuracies or omissions to us at the following address: contact@october.eu

The information made available on the Site is for information purposes only and does not constitute an inducement to enter into a contract, advice or recommendation of any kind whatsoever, in particular, Lendix IFP does not provide any financial or tax advice

For any advice, the User is invited to contact his usual advisors, particularly in legal and tax matters

Lendix shall not be liable for any direct or indirect damage resulting from information contained on this Site

7.2. hypertext links

The hypertext links set up on this Site may lead you to websites published by third parties whose content we do not control, and as a result, and to the extent that the hypertext links have been included on this Site solely to facilitate your navigation on the Internet, the consultation of third party websites is your choice and your exclusive responsibility

In addition, if you wish to create hypertext links to this Site, a request for authorization must first be sent to us at the following address: contact@october.eu

8. Closing your Lendix Account

If the user of the Site is not a party to one or more loan agreements as an investor or borrower, he may at any time close his Lendix Account, otherwise the user will have to wait until the expiry of the loan agreement(s) before being able to unsubscribe

The closure of your Lendix Account will result in the return, if any, of the amounts appearing on your Lendix Account, and by closing your Lendix Account you acknowledge that

To close your Lendix Account, you will need to send an email from your email address to support@october.eu indicating your desire to close your Lendix Account. The funds remaining on the Lendix Account can only be transferred by transfer to the bank or postal account whose details you provided us with when you registered

Within a maximum of 30 days, you will receive a confirmation email from Lendix confirming that your Lendix Account has been closed

9. Intellectual Property

The Site and each of its components (such as trademarks, images, texts, videos, etc.) are protected by intellectual property

The development of this Site has involved significant investments and joint work by our teams, for which reason, and unless expressly stated herein, we do not grant you any right other than that of consulting the Site for your strictly personal and private use

Any use, reproduction or representation of the Site (in whole or in part) or its components, on any medium whatsoever, for other purposes, including commercial purposes, is not authorized

10. Referencing

Exceptionally, we may expressly authorize you to reproduce and/or represent all or part of the Site, on certain media, and any request for such authorization must first be submitted to us at the following address: contact@october.eu or Lendix, 94 rue de la Victoire, 75009 Paris

11. Complaints and complaints

11.1. you are a private lender

Any claims you may have should be addressed to the Lendix IFP claims department, whose contact details are as follows: Lendix, Claims Department, 94 rue de la Victoire, 75009 Paris, 01.82.83.28.00, e-mail: reclamations@october.eu

The centralization of claims by Lendix IFP is carried out as part of its mission as an intermediary in participatory financing, and can in no way be assimilated to the provision by Lendix IFP of any consulting service concerning the projects appearing on the Site, nor to any commitment to guarantee repayment by lenders on the Site

11.2. you are a professional borrower or lender

Lendix Factory’s claims management procedure is available here

11.3. you are not in a case mentioned above

In any other case, please send your complaint to reclamations@october.eu

12. Modification of the site and conditions

We may modify at any time the content and information included in this Site and these Terms and Conditions of Use, in particular in order to comply with any new applicable legislation and/or regulations and/or to improve the Site, and any changes will be incorporated into these Terms and Conditions of Use

You acknowledge and agree that your use of the Site will constitute your acceptance of the TOS as amended

Date of last modification of the T&Cs: March 19, 2018