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Last updated on the 8th of June 2023
LONVEST GENERAL TERMS AND CONDITIONS
These Lonvest General Terms and Conditions (hereinafter “the Terms” or "Agreement") apply to Lonvest platform located at lonvest.io, its affiliates or partners (hereinafter collectively, "the Platform" or “Lonvest”, “we”, “us” and/or “our(s)”), and Lonvest products and services specified herein (hereinafter jointly “the Services”). These Terms constitute a public electronic agreement between You and Lonvest.
Please read these terms carefully and be aware that by using the Platform You agree to these Terms. Please leave the Platform and do not use any Services if you do not agree with the terms and conditions laid down below. Otherwise, you take all risks and responsibility for holding the Funds and dealing on the Platform, though we have warned you.
Lonvest reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. It is Your responsibility to check these Terms periodically for changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the changes.
GENERAL TERMS AND CONDITIONS
- Agreement a legally binding agreement between You and Lonvest regarding the procedure for use of the Platform according to these Terms.
- Affiliate shall mean any legal entity that is related to Lonvest by one owning shares of the other, by common ownership, or by other means of control, including but not limited to any parent company and subsidiary.
- AML stands for Anti-Money Laundering, which means a set of procedures, laws, and regulations that are intended to stop the practice of generating income through illegal actions.
- Lonvest account shall mean a user’s account accessible at Lonvest via the Services offered on the Platform, where You may store Funds.
- Fiat currencies means government-issued currency that is designated as a Legal tender in its country of issuance on the legislative level.
- Funds shall mean Fiat currencies of Legal Tender when mentioned jointly.
- KYC stands for Know Your Customer, which means the process of verifying the identity of customers and assessing potential risks of illegal intentions for the business relationship.
- Prohibited jurisdiction shall mean any country or its part where Your use of the Services is deemed to be illegal and/or otherwise violates applicable laws of either the European Union or the United States of America; where Lonvest is not authorized to provide the Services; and/or where either the European Union or the United States of America have embargoed goods and services which match the nature of Services offered by Lonvest.
- User shall mean a private individual or a legal entity who has created the User Account on the Platform and entered in the electronic agreement with Lonvest.
- User ID Number shall mean a personalized number used by Lonvest d.o.o to identify a User and also to be indicated when supplementing the funds intended for investing or getting the Loan.
Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
SECTION 1. GENERAL INFORMATION
1. PLATFORM ADMINISTRATION
1.1. Lonvest is operated by Lonvest Platform d.o.o, a limited liability company registered in the Republic of Croatia under registry code: 081501022, who maintains and administers the Platform (hereinafter referred as “the Platform Operator”).
1.2. The active legislation of the Republic of Croatia and the European Union is applicable to the Platform and any agreements or transactions made through it.
2. REGISTRATION ON THE PLATFORM
2.1. Only registered and identified Users who have entered this Agreement, are entitled to use the Services offered by Lonvest on the Platform.
2.2. When using the Platform and the Services offered on the Platform, a User shall be compliant with the following criteria:
- a User is a private individual or a legal entity;
- if a User is a private individual, they must have reached at least 18 years of age;
- a User is a true beneficiary of the funds stored in the User account and the funds involved in the investment are of legal origin and are not acquired as the result of a criminal offense, either directly or indirectly, or related to financing of terrorism or an attempt of such activities.
- a User-natural person is a true beneficiary of the funds stored in its User`s account and this User personally carry out transactions with the Platform;
- a User is not a subject to any insolvency, bankruptcy, liquidation or likewise administration proceeding in any jurisdiction;
- a User is not declared having limited legal capacity due to disorders of mental nature.
2.3. A User acknowledges that at the time of performing identification procedures and at the conclusion of the Agreement they have full legal capacity to act and are not under the influence of alcohol, drugs, psychoactive, toxic or other intoxicating substances.
2.4. After the User registration and confirmation from Lonvest side, the User account is automatically created on the Platform. Upon registration of the User on the Platform the User is provided by User ID Number.
2.5. To access a Lonvest Account the User must insert their email address and password.
2.6. To conclude the Agreement, to use Services offered by Platform a User shall ensure Lonvest with all required information in order to enable Lonvest to identify a User according to Section 4 of this Agreement.
2.7. A Lonvest Account is private, and only the owner of a Lonvest Account is authorized to enter into and use it.
2.8. Lonvest is not obliged to register a User and we may refuse registration without explaining reasons.
2.9. A User may not register a Lonvest Account or use the Platform if they are a resident of any jurisdiction in which:
- the Platform is not authorized to provide its Services;
- either the European Union or the United States of America have embargoed goods or services which match the Services we offer;
- Your use of Services is deemed to be illegal;
Any provisions of this clause when mentioned either jointly or separately shall be hereinafter referred to as “Prohibited jurisdiction”.
2.10. A User hereby represents and warrants that they:
- are (i) aged 18 or over, (ii) they are of the age of majority in their jurisdiction;
- do not reside and are not currently located in a Prohibited jurisdiction;
- are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties;
- will not attempt to register an Lonvest Account or use the Services by circumventing any methods we have in place to restrain a User from applying for the Lonvest Account or using our Services, even if such methods are not efficient or can be avoided. Lonvest may use controls or other checks to restrict access to the Platform from any Prohibited jurisdiction;
- do not, and will not, use a VPN or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services;
- have not been previously suspended or removed from using Services.
You are obliged to inform us immediately if you enter onto one of the sanction lists or change your residence to a Prohibited jurisdiction.
You are only allowed to use the Services for personal use, and may not create multiple accounts, including for the purpose of collusion and/or abuse of service.
3. USER PERSONAL DATA
3.2. The purpose of processing User’s personal data is keeping User’s records, offering, rendering and maintaining services, financial and statistical analysis, exercising, and protection of the rights of Lonvest and/or User arising from the Agreement.
3.3. Lonvest may outsource third parties to get access to User’s personal data and/or process them. By using the Platform a User gives his/her consent to these third parties in order to let them handle User’s personal data. Any personal data of a User will be handled in accordance with the European General Data Protection Regulation in the form and manner as it is required by our AML policy and applicable law.
3.4. Lonvest may grant access to User’s KYC data to third parties without User’s preliminary consent only according to the applicable law and/or based on a relevant governmental authority’s ruling. Meanwhile, we strictly follow all the European Union and other general international regulations regarding personal data protection as mentioned herein.
4. USER IDENTIFICATION AND DUE DILIGENCE
4.1. In order to fulfill the legal obligations under the applicable laws and regulations of Republic of Croatia, before a User may use the Services on the Platform and during the cooperation with a User, Lonvest performs due diligence of a User, which includes, but is not limited to, identification of a User, asserting the beneficial owner, obtaining information on the source of funds, obtaining information on the purpose and nature of business relationship. A User is obliged as well:
a User, who is a private individual, to provide Lonvest with information, whether they are a politically exposed person, a family member of a politically exposed person or a close associate to a politically exposed person. For using the services of the Platform, the User must not be a Politically exposed person (PEP), their family member or close associate;
a User, who is a legal entity, to provide Lonvest with information, whether its ultimate beneficial owner(s) is a politically exposed person, a family member of a politically exposed person or a close associate to a politically exposed person.
4.2. A User ’s identification and due diligence processes are being exercised according to Lonvest's internal KYC and AML procedures, regulations and policies.
4.3. Lonvest identifies a User before the commencement of using the Services. The identification of a User shall be accomplished by several simultaneous procedures:
uploading a User identification documents and following the relevant instructions on the Platform while performing identification procedures;
a User ensures that first payment into Lonvest Bank Account is made from a User’s bank account which has been opened in the User’s name at the credit institution to which the requirements for the prevention of money laundering and terrorism financing requirements arising from the Law on Prevention of Money Laundering and Terrorism Financing or the legal acts of the European Union on prevention of money laundering and terrorism financing apply.
4.4. In order to properly perform the due diligence of a User, Lonvest may, at its sole discretion, at any time, request that a User submits additional documents or information on the User’s identity, origin of funds, beneficial owners, and any other information about a User that Lonvest finds necessary for the due diligence of a User. Lonvest is entitled to unilaterally determine any additional requirements for a User’s identification, as well as introduce changes in a User’s identification process.
4.5. If a User is a legal entity which has gone through the due diligence procedures, created a Lonvest Account, Lonvest shall be entitled to identify the private individual who has taken the relevant actions as the lawful and legal representative of a User with all rights to represent a User, as well as to identify the private individual, who is a beneficiary of a User.
4.6. The Agreement between Lonvest and the Investor becomes effective at the time, when Lonvest has performed identification of a User and a User has confirmed the present Terms and Conditions on the Platform. The activation of the Lonvest Account confirms the conclusion of the Agreement.
4.7. When registering and logging into a Lonvest Account on the Platform, a User must enter the User’s email address and password created at the moment of the registration.
4.8. A User ’s activities performed within the Platform after entering the User’s e-mail address and password shall be regarded as the User’s signature or acceptance. All payments, payment orders, instructions, applications, agreements, as well as other documents confirmed or submitted by the User on the Platform after entering the User’s email address and password shall be binding to the User as well as Lonvest.
4.9. A User shall not disclose its password to any third party. In the event that the password has become available to a third party, the Investor is obliged to immediately change it and at the same time to promptly inform Lonvest of the password becoming available to the third party and the need to block the Investor’s Profile until the Investor changes the password.
4.10. Lonvest is entitled to, however is not obliged to, block access to Lonvest Account in cases, when Lonvest suspects that the Lonvest Account has been accessed without due authorization.
4.11. Lonvest shall be entitled not to approve the deposit, if:
a User fails to comply with the present Terms;
Lonvest has suspicions about the identity of a User and Lonvest has not been able to contact the Investor to confirm the content of the Investment;
the first Fiat Currencies deposit is made from any payment institutions or a credit institution which is not compliant with criteria describing User’s Bank Account.
4.12. A User shall undertake full liability for the confidentiality of the Lonvest Account access information and losses incurred for the Investor as the result of actions of third parties.
5. CURRENCIES AND TRANSFER OF FUNDS
5.1. Only listed Fiat Currencies are allowed to be used as the Platform’s operational funds. Should Lonvest remove any Funds from the list of available currencies, all Services hereto with the currencies listed before shall remain in force until their expiry date.
5.2. A full list of available Funds usable on the Platform will be displayed in the Lonvest Account in the relevant section before any deposits can be made.
5.3. Changes to the given Funds list can be made at any time without any prior notice to a User.
5.4. A User shall be entitled to add any funds to the Lonvest Account only in a User’s own name. When depositing funds into the Lonvest Account, it is mandatory for the User to provide their User ID Number as the purpose of payment, as indicated in their User Profile. Failure to do so may result in Lonvest deeming the payment as non-executed until the User's ID Number is identified.
5.5. A User hereby represent and warrants to Lonvest that:
- a User own the funds a User holds in the Lonvest Account; or
- a User is validly authorized to carry out transactions using the funds a User holds in the Lonvest Account;
- all transactions initiated with Lonvest Account are for a User own sake or on behalf of a person or entity a User is properly authorized for.
5.6. A User must have an active payment account in a financial institution for transactions in Fiat Currency, opened in a User's own name and not in the name of any third party. A User must be authorized to freely handle such accounts and the funds contained therein (if any).
5.7. If a User has successfully passed all KYC/AML procedures, a User may add any funds to the Platform by the available payment means including a bank transfer.
5.8. User funds transferable to Lonvest in compliance with the present Terms shall be regarded as Funds transferred for the purpose to be applied to the relative Lonvest products.
5.9. Funds deposited into Lonvest Account pursuant to these Terms shall be kept in Lonvest Account and no interest shall accrue or be paid to a User for the funds in Lonvest Account unless a User transfers Funds to a Lonvest product that offers interest.
5.10. The funds transferred by the User to add to their Lonvest Account, in accordance with the present Terms and Conditions, shall be held in a Lonvest Account separate from Lonvest's own funds. The User's funds held in a Lonvest Account may be transferred to third parties or withheld by Lonvest, in accordance with this Terms or any other agreements that the User has concluded with Lonvest.
5.11. The funds transferred by the User to Lonvest in accordance with the present Terms and Conditions are deemed necessary for conducting transactions. Essentially, the amount of money transferred to the bank represents a claim that Lonvest has acquired on behalf of the User, for the sole purpose of performing the task assigned to the authorized person. Therefore, these funds are segregated from Lonvest's own funds and are not included in the company's financial statements as its own funds or as creditors' claims. The User acknowledges that when transferring funds to the Lonvest Account for the purpose of adding them to the User`s Account, they are not transferring ownership of those funds to Lonvest. Instead, the User retains title over the funds, and Lonvest acts only as an authorized representative of the User with respect to these funds.
5.12. If due to interrupted/improper system operations of the Platform Lonvest Account is mistakenly credited or debited, Lonvest shall debit or credit User funds from Lonvest Account in order to properly remedy the situation.
5.13. Lonvest will provide a User with a statement about all User transactions performed through the Platform upon User request.
5.14. A User is entitled to request Lonvest to disburse the funds in Lonvest Account to the payment account opened in a User name or account where a User has shared access in any credit/financial institution. Lonvest will transfer those funds in the Lonvest Account which are not allocated to any Lonvest products on the Platform to a User upon filing an application with us by a User.
5.15. Lonvest is entitled to make deductions from the Lonvest Account in order to perform User obligations to make payments for any Lonvest applicable product, including the payment of Lonvest commission fees.
5.16. It is illegal to deposit funds gained by illegal means into Lonvest Account. In case of suspicious transactions, the relevant governmental authorities shall be notified, and this can lead to freezing all funds on the account, as well as to the closing of the account and confiscation of funds.
5.17. If at any time while registering as the User or during the term of this Agreement, any suspicions arise about User related to money laundering, terrorism financing, or any other illegal activities, we shall refuse to register and accept any funds from a User and shall block a User from accessing the Platform.
5.18. A User may withdraw the Funds partially or completely from the Platform by any available payment means at any time as long as these funds are not allocated into any Lonvest product. If they are, the withdrawal shall be made according to the conditions of the relative product.
5.19. Every transmission request shall be deemed pending until accepted by us. Lonvest may refuse to accept such a request, or delay the processing of an approved request for any reason, including but not limited to insufficient funds in Lonvest Account, inaccurate or misleading information provided by a User, or any doubt or suspicion of money laundering or other financial crime related to Lonvest Account.
5.20. Please note that User funds’ withdrawals and deposits to any of Your Accounts/wallets outside the Platform may take up to seven (7) business days in some cases. The mentioned time depends not on the Platform but on other external circumstances.
5.21. Lonvest shall not be liable for the inability to transfer funds due to:
- any force majeure circumstances, including unforeseeable and uncontrollable changes in the field of electronic payments, or relevant changes in the applicable legislation;
- any technical failures that may result in the complication and/or impossibility to perform all or particular transactions in funds;
- any failure to perform obligations on the side of third parties involved into the operations with funds;
- any illegal actions from the third parties aimed at taking the control over User’s funds including hacking of User’s accounts;
- any misleading or incorrect information obtained from User which does not allow Lonvest to provide duly transfer.
6. PAYMENT FOR THE PLATFORM SERVICES
6.1. A User shall pay a Service Fee for the services provided by Lonvest pursuant to the Fees launched by Lonvest.
6.2. Lonvest is entitled to withdraw our Service Fee from User funds available on the Lonvest account without any prior notification to User but only in cases listed herein.
6.3. A User shall ensure that there are sufficient funds on the Lonvest Account for performing all payments, including Fees. If the Funds on the Lonvest Account are insufficient, we will not execute the transaction You have deemed to execute. Lonvest shall not be held liable for losses, which You might suffer in this regard.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. A User shall undertake:
- not to use the Platform for illicit conduct, including but not limited to fraud and money laundering;
- to provide information which is true, accurate, up to date and not misleading in any respect upon registration on the Platform and when using the Platform,
- to use only secure means and devices for electronic communications and data transfer; including two-factor authentication which is strongly recommended;
- to promptly, however not later than within 3 (three) business days, inform Lonvest in writing, if any of User personal data provided to the Platform changes;
- to exercise decency and observe universal moral and ethical standards in communication with Lonvest .
7.2. In case Lonvest detects that the information submitted by a User is false/not up to date/wrong, we may, at our sole discretion, stop the services rendering on the Platform and/or freeze User funds on a Lonvest Account on the Platform. A User may be held personally and criminally liable for providing false or misleading contact details (telephone, email, and residential address) and/or documents to pass the verification process on the Platform and on further requests. Any attempt to defraud Lonvest may entail the application of appropriate measures of applicable AML and/or criminal law.
7.3. Lonvest will use commercially reasonable efforts to keep the Platform operational, accessible and secure for the use of all registered users.
7.4. Lonvest bear no obligations for any taxes that a User might be obligated to pay as a result of transactions you make on the Platform. According to the current legislation of Croatia, Lonvest does not act as a tax agent for withholding (income) tax if a User receives income from operations with any financial instruments on our Platform. According to applicable legislation, if a User receives any income from any financial operations using our financial services, a User will calculate, file and pay all applicable taxes according to the legislation of his/her jurisdiction where a User is deemed to be a tax resident.
7.5. Lonvest will not make any tax withholdings or filings unless Lonvest is required by law to do so. Lonvest will not be liable for determining whether taxes apply to the User's transactions, or for collecting, reporting or remitting any taxes arising from User's transactions. It is solely responsible for a User for complying with applicable tax law, reporting and paying any taxes arising from User's transactions on the Platform.
7.6. Any additional services that we offer to a User shall be subject to these same Terms unless otherwise agreed to in writing between a User and us via private communication with a User.
8. AMENDMENT AND TERMINATION OF THE AGREEMENT
8.1. Lonvest is entitled to change/amend these Terms at any time upon our own discretion without any prior notice to User. By continuing to use the Services a User agrees to be bound by the most current Terms.
8.2. Lonvest is entitled to restrict the User’s right to use the Platform and/or terminate the Agreement and delete the User’s Account without a warning, if:
a User breaches the present Agreement or otherwise illicitly uses the Platform;
a User has provided false or misleading information or counterfeit documents;
if Lonvest suspects money laundering, terrorism financing, or an attempt to do so, with the involvement of the User or the Platform.
8.3. At any time during the Agreement validity period, the User is entitled to request that the User ’s Account is deleted and the Agreement is terminated on the condition that the User does not possess any offer or request managed by Lonvest and a User has no outstanding balance due to Lonvest.
8.4. If a User wishes to delete the Lonvest Account and terminate the Agreement, a User sends a relevant notification from the User’s email address to Lonvest and confirms it according to procedures established on Platform.
8.5. If the Agreement is terminated, Lonvest transfers all funds of a User that are available no later than within 7 Business Days after the termination of the Agreement. All funds will be transferred only to the banking account opened in the name of User.
9. RISK DISCLOSURE
9.1. These Terms and the holding of Funds relationship does not create a fiduciary relationship between Lonvest and a User.
9.2. Lonvest Account is not a checking, savings or any other type of account, and is therefore not covered by any insurance against losses.
9.3. Lonvest is not a depository institution, and Lonvest account is not a deposit account. Funds in a Lonvest Account are not insured in any jurisdiction by any deposit insurance scheme or any securities investor protection corporation.
10. DISCLAIMER OF WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY
With the exception of any warranties expressly provided elsewhere in these terms, the platform and services are provided to you “as is'' and with all faults and defects without warranty of any kind. To the maximum extent permitted under the applicable law, Lonvest, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all other warranties, whether expressed, implied, statutory, or otherwise, with respect to the platform and services, including all implied warranties of merchantability, fitness for a particular purpose, title, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.
Without limitation to the foregoing, Lonvest provides no warranty or undertaking, and make no representation of any kind that the platform and services will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
Note that some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of consumers, so some or all of the above exclusions and limitations may not apply to you.
To the maximum extent permitted by the applicable law and subject to the exceptions provided herein in no event shall Lonvest its affiliates and partners or any of their respective officers, directors, agents, employees or representatives, be liable for any lost profits or any special, incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the Platform, or this Agreement, even if Lonvest has been advised of or knew or should have known of the possibility of such damages.
A User further agrees to indemnify, defend, and hold harmless Lonvest from and against any and all loss, damage, costs, expenses (including reasonable attorneys’ fees), claims and liability incurred by us resulting from any of the following:
- the imposition of any penalties against us due to the specifics of the any regulations of a User jurisdiction;
- any illegal or unauthorized use of Lonvest Account by a User or a third party;
- if a User fails to uphold User's obligations or otherwise breach these Terms;
- due to interrupted communications and other interruptions or obstacles that are not dependent on us;
- if pursuant to the Terms, a User's access to Lonvest Account has been blocked;
- due to a User's infringing these Terms or User's illicit conduct;
- due to the specifics of the legal regulation of User's home jurisdiction regarding funds turnover or taxation;
- in connection with any other probable situation which impact could not be predicted by due diligence measures.
To the maximum extent permitted by the applicable law and subject to any exceptions provided herein, in no event shall Lonvest, its affiliates and partners, or any of their respective officers, directors, agents, employees or representatives, be liable to a User for more than the amount of User's funds in a Lonvest Account at the time when the direct losses occurred.
11. LEGAL PROCESS AFFECTING LONVEST ACCOUNT
11.1. If any legal action, including but not limited, an attachment, garnishment, levy, blocking or freezing of the account, or other public legal processes (hereinafter “legal procedure”) is brought against Lonvest account or any of Our(s) accounts, Lonvest reserves the right to refuse to permit (or may limit) withdrawals or transfers from Lonvest account until the legal process is satisfied or dismissed.
11.2. Regardless of the terms of any legal procedures, Lonvest reserves the right to the first claim to any and all Your funds in Your Account at Lonvest.
11.3. We are under no obligation to oppose on User behalf any such legal procedures and we reserve the right to take any action to comply with such legal procedures as we determine to be appropriate in the circumstances without liability to a User.
11.4. If Lonvest incurs any expenses, including but not limited to attorney fees, in connection with any legal procedures, we may charge any expenses and fees to a User without any prior notice and/or Lonvest is entitled to bill a User directly for such expenses and fees.
11.5. Any garnishment or levy against a Lonvest account is subject to our right of setoff and security interest in accordance with any applicable court ruling.
12. OTHER TERMS AND CONDITIONS
12.1. The current Agreement is considered to have come into force from the moment a User agrees to it.
12.2. The present Terms are binding until the moment when a Lonvest account is deleted and all commitments of a User originating from any Lonvest products have been fully met.
12.3. Current Terms are drawn up and shall be amended only in English. In case of any translation discrepancies, the English version set herein shall prevail.
12.4.The parties to this Agreement have mutually agreed that any dispute that may arise between them and cannot be resolved through negotiation shall be settled in a court located in the Republic of Croatia. The court shall apply the relevant laws and regulations of the Republic of Croatia in resolving the dispute.
SECTION TWO. LONVEST SERVICES
PART 1. ASSIGNMENT DEALS
- Assignee means a private individual or a legal entity who has purchased the Claim from Loan Originator against the Borrower.
- Assignment Agreement is an Agreement entered into by and between the Assignor and the Assignee, whereby the Assignor transfers the Claim against the Borrower to the Assignee for a charge. The Assignment Agreement is concluded between a User as the Assignee and the Loan Originator as the Assignor.
- Assignment Fee means an agreed price between Assignee and Assignor established in the Basic Terms and Conditions of the Assignment Agreement.
- Assignor is the Loan Originator who owns the Claim against the Borrower in accordance with the concluded Loan Agreement, in whole or in any part thereof.
- Borrower is a person having entered into the Loan Agreement with the Loan Originator.
- Borrower’s Payments shall mean payments executed by the Borrower for the Loan repayment, interest, contractual penalty, late payment interest, and/or other ancillary claims arising from the Loan Agreement.
- Claim means a Loan Originator's claim or a part thereof towards the Borrower, arising from the Loan Agreement. The Claim consists of the Loan principal, Interest and other ancillary claims in full or partial amount.
- Loan means the funds issued by the Loan Originator to the Borrower in the procedure specified in the Loan Agreement.
- Loan Agreement shall mean an Agreement entered into by and between the Loan Originator and the Borrower, regarding the issue of the Loan to the Borrower.
- Loan Originator shall mean the Assignor that has disbursed the Loan to the Borrower and handles all the rights and obligations arising from the Loan Agreement against the Borrower pursuant to the terms and conditions of the Loan Agreement.
2.1. PURCHASE OF CLAIMS
2.1 When Lonvest has identified a User, pursuant to the present Terms and Conditions, a User may purchase the Claim(s) offered on the Platform, provided that the balance of in the Lonvest account is sufficient for the purchase of the selected Claim.
2.2 When purchasing the Claim, a User shall at his/her own discretion choose one or more Claims that are offered on the Platform against one or several Borrowers and shall indicate the Assignment Fee at which a User wishes to acquire one or several Claims and confirms his/her choice.
2.3. A User may purchase all such Claims towards Borrower offered on the Platform that arise from the Loan Agreement, to the full available extent or only a part thereof.
2.4. After a User has selected the Claim, indicated the amount of Investment, accepted the calculated Assignment fee, gathered information should be available to a User in a Lonvest account. If the information in the Lonvest account acquiring the Claim corresponds to the will of a User, a User confirms it and at the same time it means a User accepts and confirms terms and conditions of the Assignment Agreement.
2.5 Upon the confirmation stipulated in the par. 2.4 of this Part 1 of Terms, a User’s acquisition shall acquire the binding force and Lonvest shall immediately withdraw the available funds equivalent to the amount of Assignment fee and confirmed by a User from his/her Lonvest account.
2.6 By submitting the order on acquiring the Claim, a User authorizes Lonvest to perform a transfer of funds from the Lonvest account to the relevant Loan Originator, in compliance with the provisions of the Agreement and the Assignment Agreement.
2.7 A User may, at any time, examine information on the Lonvest account about all transactions performed by a User on the Platform, about payments executed by Lonvest to a User, and deductions made by Lonvest from a User pursuant to the present Terms and Conditions and the provisions of the Assignment Agreement.
3. ENTERING AND EXECUTION OF THE ASSIGNMENT AGREEMENT
3.1 Simultaneously with the approval stipulated in par. 2.4 of this Part 1 of Terms, a User shall confirm the provisions of the Assignment Agreement of the Claim to be purchased in compliance with the procedures established on the Platform.
3.2 The Assignment Agreement shall be deemed concluded at the time when a User has become a creditor and a User has confirmed the provisions of the Assignment Agreement in compliance with the procedures established in the Platform.
3.3 The Borrower shall make the Borrower’s payments pursuant to the Loan Agreement. The Loan Originator transfers received Borrower’s payments to Lonvest including Interest. Lonvest upon the receipt of the Borrower’s payments from the Loan Originator shall distribute the received funds among all User (Assignees) that have purchased the particular Claim in the proportion to the amount of investment made on the Claim by a User (Assignee).
3.4 Immediately after the distribution of the received funds, Lonvest shall transfer the respective amount to the Lonvest accounts and shall withhold service fee and other payments (if any) from the Lonvest accounts.
3.5 A User is aware of the risk of default on Borrower’s obligations, as a result of which the Borrower may delay the repayment of the Loan and associated payments. The Loan Originator will perform all the necessary and allowed actions to facilitate timely and full recovery of the Claim without an involvement of a User. In event of the Borrower’s default, Lonvest shall not assume the responsibility for the security of the Claim and Lonvest does not have an obligation to repay to the Investor its paid Assignment Fee or a part thereof, however mutual settlements between Loan Originator and a User are accomplished according to order as prescribed in this Agreement.
3.6 The procedure of paying the Assignment Fee, the provisions of recovering the Claim and other conditions of assignment are stipulated in the Assignment Agreement.
4. SALE OF THE CLAIM.
4.1 A User has the right to sell the Claim only to the Loan Originator within the Platform.
4.2 A User is entitled to sell the Claim only in the full extent.
4.3 A User marks the Claim for sale within the framework of the Platform. A User fills in the parameters of the Claim sale offer and confirms them according the procedure established on the Platform.
4.4 The sale of the Claim within the Platform may be carried out an unlimited amount of times.
4.5. Assignor is obliged to buyback the Claim from Assignee in the following cases:
- if the Borrower delays payments specified in the Loan Agreement and the payment schedule for more than 60 (sixty) days;
- if the Borrower makes changes in the Loan Agreement (e.g. restricting of the Loan, changes in the repayment period, payment rescheduling, etc.) and these changes are not in favor of the Assignee;
- if the Borrower’s insolvency proceedings are initiated;
- if the terms of the specific Agreement provides for an AutoBuyback after a certain period of time;
- if the Assignee is willing to terminate the Agreement before the end of its term and the Assignor agrees to accept the early termination.
The Buyback is exercised pursuant to the terms of the Assignment Agreement.
4.6. If the Loan Originator becomes insolvent or defaults on the cooperation agreement with Lonvest, the Loan Originator is obligated to unilaterally exercise its re-purchase rights and obligations on the Claim assigned to the User. The Loan Originator must pay the User (Assignee) a repurchase price in order to do so.
WE RESERVE THE RIGHT TO AMEND THE LIST OF THE PROPOSED SERVICES AND PROVIDE OTHER SERVICES ACCOMPANYING THE SERVICES MENTIONED HEREIN.
YOU WILL BE NOTIFIED ACCORDINGLY VIA EMAIL AS SOON AS ANY NEW SERVICE APPEARS ON THE PLATFORM.
If there are any questions regarding these Terms You may contact us using the following email: [email protected].
Lovinčićeva street, 3, Zagreb, Croatia