GTC Lendix

GENERAL TERMS AND CONDITIONS OF USE OF LENDIX.COM

Disclaimer: this is an English translation of the French General Terms and Conditions and in no case constitutes the binding version which only the French version does.

We welcome you on the website lendix.com (hereinafter the "Site").

The section "Crowdfunding" of the Site is published by Lendix IFP,

A simplified joint stock company with a capital of 10,000 EUR,

Registered in Paris RCS 808 353 155,

Registered as an intermediary in participatory financing (IFP) under registration number 15000364 on the registry of ORIAS and payment institution agent of Lemon Way under registration number 808353155 on the registry of REGAFI

With headquarters located at 94 rue de la Victoire, 75009 Paris.

Telephone: 00 33 (0)1 82 83 28 00

Email address: contact@lendix.com

The Editor of the Site is Olivier Goy - President

Email address: goy@lendix.com

The section "Borrow" & "Institutionnal Investors" of the Site are published by Lendix Factory,

A simplified joint stock company with a capital of 350,000 EUR,

Registered in Paris RCS823 469 846,

Approved as a management company by the Autorité des Marchés Financiers under the number GP-16000030,

With headquarters located at 94 rue de la Victoire, 75009 Paris.

The Editor of the Site is Patrick de Nonneville.

Email address: nonneville@lendix.com

The solutions offered by Lendix Factory are dedicated exclusively to professional investors.
 

The Site is hosted by:

OVH

A simplified joint stock company with a capital of 10,059,500 EUR,

RCS Lille Métropole 424 761 419 00045

APE Code 6202A

VAT number: FR 22424761419

Headquarters: 2 rue Kellermann - 59100 Roubaix - France.

And

app.lendix.com is hosted by:

Amazon Web Services:

Amazon Web Services LLC

PO Box 81226

Seattle, WA 98108-1226

http://aws.amazon.com/

Lendix IFP is subject to regulations relating to participatory financing provided by the Monetary and Financial Code.

Any dispute relating in particular to the validity, interpretation, performance or breach of these Terms falls within the exclusive jurisdiction of French courts.

Navigating the Site is subject to current legislation and European and French regulations and these Terms and Conditions (hereinafter the "Terms").

1. Access to the site

1.1 General Provisions

To access and use this Site you must be over 18 years of age or a minor with special permission from your parents, not be considered by United States of America tax administration as a “US person” and have a bank account from the EURO zone, a valid email address and a mobile number.

Access to some sections of lendix.com website requires the use of personal access codes. In this case, it is your responsibility to take the appropriate measures to ensure the confidentiality of such codes. You can change them at any time. However, the number of access attempts for these items may be limited in order to prevent fraudulent use of such codes. We invite you to inform us of any fraudulent use that you may possibly be aware of.

You acknowledge that the information you provide us and that is stored in our information systems is accurate and valid proof of your identity. Please kindly inform us of any changes to this information.

In case of non-compliance with the rules described in these Terms and Conditions, we reserve the right to suspend your access to lendix.com. In this case, we will inform you as soon as possible.

Although we endeavour to keep the Site accessible at any time, we cannot guarantee access in all circumstances. Indeed, in particular for reasons of maintenance, updating or for any other reason beyond our control, access to the Site may be interrupted without Lendix IFP being held liable in this regard.

Navigating the marketplace is completely secure (SSL - https).

1.2 Investor registration

1.2.1      Pre-Registration - Step 1: Confirming the Terms

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

  • Pre-register (providing your full name, email address and choosing a password which should include at least 8 characters including one digit)
  • Confirm acceptance of these General Terms and Conditions of the Site and the General Conditions of the payment services and / or electronic money provider or any intermediary mandated by the platform mentioned on the Site at en.lendix.com/cgupsp by ticking the boxes provided for this purpose
  • Confirm your email address by clicking the link in the email sent to you after your pre-registration.

At the end of this step, you will be automatically subscribed to receive our newsletter presenting the new projects available on the Site and the development of current projects. If you want to unsubscribe to this newsletter, just follow the “Unsubscribe” link included in the first newsletter you will receive.

Following this step, you have the choice of continuing your registration or browsing the site to find projects submitted by Borrowers.

1.2.2      Pre-Registration - Step 2: Security, two-factor authentication and simple electronic signature

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

The investment and simple electronic signing of loan agreements process on the lendix.com platform takes place through a secure login (SSL - https) with two-factor authentication thus including two stages:

  • The first authentication step is performed using your email and password
  • The second step is carried out by sending an SMS to your mobile phone containing a signature code to register on the website to confirm your pre-registration and fully express your consent to the Site's General Terms and Conditions.

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

As lendix.com operates as an intermediary in crowdfunding, the Site is subject to the regulations on the fight against money laundering and terrorist financing.

For this reason, before you can access all features of the Site, or invest in accordance with Article 2 of these Terms, you should: upload the following documents:

Identity documents accepted for individuals only (a copy of one of the following three documents):

Copy of a valid identification document among the following 3

  • Valid passport (pages 2 and 3)
  • Valid National Identity Card (Front / Back)
  • Valid residence permit (Front / Back).

Proof of residence for private individuals (copy of one of the following documents)

  • Water bill (- 3 months);
  • Electricity bill (- 3 months);
  • Gas bill (- 3 months);
  • Landline telephone bills, mobile or internet stating your address (- 3 months);
  • Local tax (admissible from 01/11 to 30/04);
  • Property tax or IR provisional third (admissible from 01/10 to 31/03);
  • Rent receipt from an institutional (- 3 months).

This verification step is entirely manual and can take up to 2 working days.

Notwithstanding the foregoing, you can invest up to 240 € included without verification of your identity and without uploading the documents mentioned above, however, it will be essential to undergo these checks to withdraw money from your Lendix Account or invest larger amounts.

The provision of such information and documents is compulsory and should you fail to provide all requested documents, Lendix IFP may deny you access to all or part of the Site. Any false or incorrect declaration may be subject to special processing intended to prevent fraud.

1.2.4      Paying in to your Lendix Account and finalizing registration

Before you can invest on the Site in accordance with Article 2 of these Terms, you must fund your Lendix Account by credit card (up to €1000) or by transfer of a minimum amount of €100.

1.2.5      Adequacy test

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

1.3 Borrowers registration 

1.3.1     Test the eligibility of your company for financing from Lendix, free and without commitment

By visiting the following link: https://www.en.lendix.com/borrow you can test your company’s financing eligibility from Lendix. You only have initially to communicate the SIREN of your business, the amount and duration of the desired funding.

In order to receive the result of your eligibility test, you will be asked to register and especially verify your e-mail address and funding object.

1.3.2     Constitution of the funding application and analysis

The set-up of the financing package will mainly be a manual process and requires you sending the following documents (this list is not exhaustive):

The last 3 tax forms (Schedules 1 to 17)

The timetable of your existing debts

An analyst will contact you by email and by phone in the shortest possible time to study your project and better understand your needs. The analyst may ask you for additional documents if necessary to prepare its analysis, it will then be formally submitted to Lendix IFP Credit Committee.

The duration of this process is variable, and takes on average 4 to 5 working days depending on the nature of the request and the speed of exchanges.

1.3.3     KYC Process (Know Your Customer) - Verification of your enterprise identity and that of the Manager (s) authorised to engage the company

As Lendix IFP operates as an intermediary in crowdfunding, the Site is subject to the regulations on the fight against money laundering and terrorist financing. For this reason, we must validate in parallel to the credit analysis, the identity of the ultimate beneficiaries of the operation and of the company's managers.

Any false or incorrect declaration may be subject to special processing intended to prevent fraud.

1.3.4     Acceptance of the Loan Offer / Electronic Signature

After the Lendix IFP Credit Committee has deliberated, we will inform you of the acceptance or refusal of the publication of your project on the Site. You expressly acknowledge that this decision is at the discretion of Lendix IFP, and that any refusal shall not incur liability for Lendix IFP.

If the answer is positive on our part, your project may not be published on the Site without signing our Borrower Agreement. The Borrower Agreement lists the information provided by you at the steps detailed in paragraphs 1.3.1 to 1.3.4 above of these Terms, the main characteristics of the loan (amount, duration, interest rate, fees and commissions, estimated APR), as well as the legal conditions for the publication of your project on the Site.

The Borrower Agreement needs to be manually reviewed and signed by you.

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

2. Use of the site

Please remember that the use of the lendix.com Site implies that you have the hardware and software required for Internet use.

In addition, we remind you that Internet does not ensure the security, availability and integrity of data transmissions, we will not be liable for any errors, omissions, deletions, delays or faults (including due to virus) in communication lines, hardware and software over which we have no control or unauthorised use or degradation of any content you might publish on this Site.

In secure areas, you will have the opportunity to find out about investments or loans and thus lend to companies or borrow from individuals.

You agree to use the information provided on the Site solely for the purpose of determining whether to contribute to a funding application or obtain funding.

Furthermore, you undertake to compensate Lendix IFP for all harmful consequences resulting directly or indirectly from your use of the service.

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

  • Distribute injurious, defamatory, non-authorised, malicious content, infringing on privacy or image rights or inciting violence, racism or ethnic hatred
  • Use the Site for political or promotional purposes or for proselytizing
  • Publish promotional or advertising content
  • Distribute information or content unsuitable for young children
  • Perform illegal activities, particularly affecting the copyrights on software, trademarks, photographs, images, text, video etc.
  • Use a defamatory or malicious username, infringing on privacy or image rights, inciting violence, racial or ethnic hatred.

Lendix IFP shall not be liable for any damages whatsoever, direct or indirect, resulting from the use of this Site.

2.1  Services offered on the Site

Lendix IFP provides a loan platform for SMBs. Lendix IFP allows individuals to lend directly to companies to finance the real economy.

(i) Do you want to invest on the Site

Lenders investing on Lendix French site are adult natural persons.

The Lendix Account is an account that allows you to simply place your savings in loans issued by small and medium-sized French businesses.

You can open a Lendix Account from € 100 and pay from € 20 to numerous businesses selected by our teams of analysts.

You choose the businesses you like, and with a few clicks you lend, then every month you receive the reimbursements met by the companies you have lent to.

We invite you to read the General Conditions of our services provider of payments and/or electronic money on the Site at www.en.lendix.com/cgupsp that describe the functioning of the payment and reimbursement transactions that may be carried out on your Lendix Account.

Please remember that lending money to small and medium businesses carries a risk of total or partial loss of the money lent and forces you to immobilise the money lent for the duration of the loan. We invite you to diversify your savings on a number of projects (> 50) to offset the risk of default (or loss) on a given project. Diversification is a fundamental point for any investor on a loans platform.

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

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

(ii) You want to borrow on the Site

You are a company domiciled in mainland France, registered in the businesses and companies register and have closed at least two accounting years.

You need a business loan to finance a specific project quickly and without counter party.

The Lendix IFP teams analyse your request and give you access to a portfolio of investors willing to finance your project. For this purpose, you agree to provide Lendix IFP with accurate, precise and complete information without omissions on your project and your business situation, so that it may analyse your request and publish the information on the Site.

We invite you to read the General Conditions of our services provider of payments and/or electronic money on the Site at www.en.lendix.com/cgupsp that describe the functioning of the payment and reimbursement transactions that may be carried out on your Lendix Account.

Please remember that borrowing money from the public carries a risk of debt distress. Be sure to be conservative when deciding on your financing needs and your repayment capacity.

Lendix IFP does not provide financial advice to borrowers and cannot be held liable for the financial and tax implications of loans you may qualify for on the Site. We remind you that you remain completely liable for the financing of your project and its repayments.

2.2  Downloadable Content

We may need to make available on this Site content that you are authorised to download (hereinafter the "Downloadable Content"). By downloading or using such Downloadable Content, you agree to its use in accordance with these Terms.

We grant you, for your own personal and private use, free of charge and for the legal term of protection of copyright, non-exclusive, non-transferable rights of use of the Downloadable Content. Any reproduction, modification or distribution of the Downloadable Content must be expressly authorised by us.

2.3  Personal information

Use of this Site will necessitate processing of personal information by Lendix IFP. For more information on how we handle your personal information, please consult our privacy policy, accessible via the following link: www.en.lendix.com/confidentiality

3. Pricing conditions

Access to the site is completely free.

For pricing of services offered on the Site, please refer to the following section of the site: www.en.lendix.com/faq

4. Taxation

Some information about the taxation of loans granted by individual investors is given to you for guidance on the Site, under: www.en.lendix.com/faq You acknowledge that such information is information purposes only and does not constitute tax advice.

Lendix IFP will not be held liable for the financial and tax implications 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. Agreement of proof

Electronic acceptance of these Terms has, between the parties, the same probative value as the agreement on paper.

Electronic records stored in the systems will be kept in reasonable conditions of security and considered as proof of communication between the parties.

Contract documents are archived on reliable and durable media that can be produced as evidence.

6. Signing of loan agreements by lenders

By signing these Terms, you accept, as a lender, that the signing of loan contract you wish to conclude on the lendix.com platform shall be done through the following steps described below and acknowledge that this represents a simple electronic signature within the meaning of Article 1316-4, Paragraph 2 of the Civil Code:

  • Step 1 - Registration on the Site under the terms of Article 1 of these Terms
  • Step 2 -Selection of the project and the amount to be invested
  • Step 3 - A summary of the essential elements of the transaction is communicated to you during the signature process and we ask you to reiterate your commitment to the Terms, to accept the loan agreement by checking the acceptance box and clicking "confirm", thus expressing your willingness to sign the contract. The contract is available and downloadable on the site in your personal space. You will receive an email containing a link to download the loan agreement at the time the minimum amount for the project is reached, and the project is confirmed
  • Step 4 - Verification of identity: You receive a signature code by SMS that you have to input on the Site in the appropriate field to finalise the signature and fully express your consent to the conclusion of the transaction.

7. Information contained on the Site

7.1.  General information

We make every effort to provide you with accurate information and updates. However, Internet data and information transmissions do not benefit from absolute technical reliability, we cannot guarantee the accuracy of all information contained on this Site and assume no liability for the use of this information.

In addition, we remind you that inaccuracies and omissions may appear in the information available on this Site in particular as a result of third party intrusion. We invite you to report any error or omission to the following address: contact@lendix.com

The information made available on the Site is for informational purposes only and does not constitute in any case an invitation to contract, advice or a recommendation of any kind. In particular, Lendix IFP provides no financial or tax advice services.

For any advice, the user is advised to contact his usual advisers, especially regarding legal and tax matters.

Lendix IFP shall not be liable for any damages whatsoever, direct or indirect, arising from information contained on this Site.

7.2  Hyperlinks

The hypertext links set up on this Site may take you to websites published by third parties over which we have no content control. Accordingly, and to the extent that hyperlinks have been included on this Site only to facilitate your Internet browsing, any third-party sites you visit shall be at your own discretion and at your own risk.

Furthermore, if you wish to create hypertext links to this Site, a prior request for authorisation must be sent to us at the following address: contact@lendix.com

8. Closing your Lendix Account

When a user of the Site is not party to a loan agreement as an investor or borrower, they may close their Lendix Account at any time. Otherwise, a user must wait for the expiry of the term of the loan agreement in order to unsubscribe.

The closure of your Lendix Account will result in the return, if any, of the amounts appearing on your Lendix account. By closing your Lendix Account, you acknowledge that:

  • You cannot access the data on your Lendix Account
  • You will no longer benefit from information and opportunities available on the Site
  • You cannot access the services offered by lendix.com.

To close your Lendix Account, you must send from your email address an email to contact@lendix.com indicating your desire to close your Lendix Account. Funds remaining in the Lendix Account can only be transferred to the bank or postal account which you have provided contact details of when registering.

Within a maximum period of 30 days, you will receive a confirmation email from Lendix confirming the closure of your Lendix Account.

9. Intellectual Property

Lendix.com and each of its components (such as brands, images, texts, videos, etc.) are protected by intellectual property.

The development of this site has involved significant investment and work from our teams. For this reason, except where expressly provided for 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 part) or its components, on any media whatsoever, for other purposes, including commercial, is not permitted.

10. Referencing

Exceptionally, we may expressly allow you to reproduce and / or represent all or part of the Site, on certain media. Any such authorisation application must first be submitted to us at: contact@lendix.com or Lendix IFP, 94 rue de la Victoire, 75009 Paris.

11. Claims

Any claims you may have should be directed to the Lendix claims processing department at the following address: Lendix IFP, claims department, 94 rue de la Victoire, 75009 Paris, +33.1.82.83.28.00, email: claims@lendix.com or if appropriate, directly on the website of the Borrower in the section dedicated to claims.

The centralising of claims by Lendix IFP is conducted as part of its mission as a crowdfunding intermediary and can in no way be equated with Lendix IFP providing an advisory service about the projects on the Site, or to any kind of guarantee undertaking to repay lenders on the Site.

12. Site amendments and conditions

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

You acknowledge and agree that by using the Site you accept the Terms as amended.

Date of last modification of the General Terms and Conditions: 8 March 2016