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P2P Terms

TERMS AND CONDITIONS OF p2p.crowdestor.com

  1. DEFINITIONS

“Agreement” This distance agreement concluded between the Investor and the Service Provider, which sets out terms and conditions of using p2p.crowdestor.com webpage.

“Investor” An individual or a legal entity that is registered on the Platform and has accepted Terms and Conditions of p2p.crowdestor.com operated by the Service Provider. Within the scope of this agreement, the Investor and the Assignee are both the same individual and legal entity.

“Service Provider” Crowd p2p d.o.o., the company incorporated in the Republic of Croatia, registration number: 081430324, legal address: Preradoviceva ulica 10, Zagreb.

“Assignee” The Investor, who, based on the Assignment Agreement/Agreements, has purchased the Claim/Claims against Borrowers.

“Assignment Agreement” Agreement concluded among the Lender as the Assignor, Service Provider, and the User as the Assignee with all its appendices and amendments, according to which the Assignor transfers the Claim (or part of it) arising from the Loan Agreement to the Assignee.

“Lender” A legal entity that has granted a Loan to the Borrower in accordance with the Loan Agreement and assigns the Claim to the Investor pursuant to the Assignment Agreement. Within the scope of this agreement, the Lender and the Assignor are both the same legal entity.

“Borrower” A natural person or a legal entity, with whom the Lender has concluded a Loan Agreement and who has received the Loan.

“Claim” The Lender’s claim against the Borrower arising from the Loan Agreement, which is to be acquired by the Investor in full or part of such claim as indicated in this Agreement.

The Claim is assigned without the contractual penalty and other ancillary claims not specified in this Agreement and without reregistration of security interest incorporated in the Collateral in the name of the Assignee (if any). The precise amount and composition of the Claim are established in this Agreement.

“Claim Servicing” A set of activities carried out by the Service Provider in relation with the Agreement and Assignment Agreements, selling of Claims, transferring of funds received from the Borrower to the Investor and a set of other actions related to investing on p2p.crowdestor.com.

“Assignment Fee” The remuneration that the Assignee (the Investor) pays to the Assignor (the Lender) in return for transferring the Claim. Within the scope of this Agreement, the Assignment Fee is equal to the Claim amount, i.e. no fees to be taken.

“User” An Individual or a legal entity that is registered on the Platform.

“EEA” The European Economic Area.

“EU” The European Union.

“GDPR” REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

“Investor’s ID number” A unique number assigned to each Investor by the Service Provider that is necessary for further identification of the Investor.

“Laws and Regulations” Laws and regulations in force in the Republic of Croatia.

“Loan” The funds issued by the Lender to the Borrower in accordance with the Loan Agreement.

“Loan Agreement” The agreement concluded between the Borrower and the Lender regarding the issue of the Loan to the Borrower.

“PEP” Politically exposed person – a person who in the Member State or third country holds or has held a prominent public office, including a higher official of the public authority, a head of the State administrative unit (local government), the Head of the Government, the Minister (the Deputy Minister or the Deputy of the Deputy Minister if there is such an office in the relevant country), the State Secretary or other official of high level in the government or State administrative unit (local government), a Member of Parliament or a member of similar legislation entity, a member of the management entity (board) of the political party, a Judge of the Constitutional Court, a Judge of the Supreme Court or of the court of other level (a member of the court authority), a council or board member of the Supreme Audit Institution, a council or board member of the Central Bank, an ambassador, a chargé d`affaires, a high-ranking officer of the armed forces, a council or board member of a State capital company, a head (a director, a deputy director) and a board member of an international organisation, or a person who holds equal position in such organization.

“Platform” An internet website with the domain address www.crowdestor.com

“Registration Application” The application form completed on the Platform by a natural person or a legal entity to register as a User of the Platform.

“Third Person” Any natural person or a legal entity, which is not a party to the Agreement.

“Client Account” The Investor’s personal site on the Platform, which is automatically created after the Investor registers on the Platform and is constantly available to the Investor after entering the Investor’s e-mail address and password on the Platform. 

  1. USER REGISTRATION ON THE PLATFORM

2.1.       To start using services available on/via p2p.crowdestor.com, including purchasing of Claims published on p2p.crowdestor.com, the User shall accept Terms and Conditions of p2p.crowdestor.com, i.e., this Agreement, thus shall be classified as the Investor.

2.2.       Registration procedure as well as information regarding the Client Account on the Platform shall be found under Section 7. of Terms and Conditions of the Platform available on www.crowdestor.com.

2.3.       By accepting this Agreement, the Investor authorizes the Platform to transfer Investor’s data to the Service Provider and vice versa in such extent as is necessary to ensure continuous and qualitative access to p2p.crowdestor.com functionality and services.

2.4.       The User hereby confirms and warrants that at the moment of submitting the Registration Application and during the entire time of use of p2p.crowdestor.com, the User complies with the following criteria:

2.4.1.     the User is a natural person with full legal capacity or a duly registered legal entity.

2.4.2.     if the User is a natural person, the User is at least 18 years old.

2.4.3.     if the User is a legal entity, the User’s legal representative has the right to represent the legal entity to the extent necessary to act on behalf of the legal entity while submitting the Registration Application and using the Platform via the Client Account.

2.4.4.     the User’s legal capacity to act has not been restricted in any way.

2.4.5.     an insolvency procedure or any similar procedure has not been initiated against the User.

2.4.6.     the User has received all necessary permits and consents if such are necessary to be entitled to become the Investor, enter into Assignment Agreements and take any actions in accordance with the Agreement and Assignment Agreements.

2.4.7.     the User has read and understood the terms and conditions of this Agreement completely and agrees to comply with the Agreement.

2.4.8.     the User is not under influence of alcoholic, narcotic, psychotropic or other intoxicating substances when submitting the Registration Application and while using the Platform and/or p2p.crowdestor.com.

2.4.9.     all information provided by the User in the Registration Application and also during the validity term of the Agreement is true and precise.

2.4.10. the User, who is a natural person, has provided the Service Provider with information whether he/she is PEP, an immediate family member of PEP or a close associate to PEP, via the Platform.

2.4.11. the User that is a legal entity, has provided Service Provider with information whether its ultimate beneficial owner is PEP, an immediate family member of PEP or close associate to PEP, via the Platform.

2.4.12. in acquiring the Claim, the User will not use funds that directly or indirectly have been received as the result of criminal offence or are related to the financing of terrorism or an attempt of such activities.

2.4.13. the User has opened an account in the credit, payment or electronic money institution registered in EU, EEA or Switzerland.

2.4.14. the User is the beneficiary of the transactions conducted on p2p.crowdestor.com by the User, the User enters into transactions only on behalf of himself and for the benefit of himself.

2.4.15. the User undertakes not to use neither the Platform nor the Service Provider for committing any illegal or malicious actions.

2.5.       The Service Provider is not obliged to accept the User as its Investor, i.e. allow to use its services, and it may unilaterally refuse in doing so without any explanation.

2.6.       After the receipt of the User’s data, if the Service Provider agrees to accept the User, Service Provider shall assign to the User the unique Investor’s ID number and ensure the safe data storage.

2.7.       The services provided on p2p.crowdestor.com may only be received by Investors, and the Client Account may only be used by the Investor, who accesses it by entering its e-mail address and password created by the User upon registration.

2.8.       The password created by the User shall be confidential. The User acknowledges and understands that it is the responsibility of the User to keep the access data of its Client Account confidential and secure in order to prevent Third Persons from accessing this data. The User understands that Third Persons, who have the access data of the Client Account, can access it and undertake liabilities at the Platform on behalf of the User. If there are any activities carried out by Third Persons using the Client Account access information, it shall be deemed that the User itself has carried out the respective activities.

2.9.       If the User’s password has become known to a Third Person:

2.9.1.     the User must change the password in its User’ Profile.

2.9.2.     if the User is unable to act in accordance with conditions of Clause 2.9.1 of the Agreement, the User must notify the Service Provider thereof immediately when such information has become known to the User, in writing from the User’s registered e-mail address or by phone.

2.9.3.     after receipt of such information, without undue delay, the Service Provider shall block access to the Client Account until the User submits an electronic application from the User’s registered e-mail address for the assignment of a new password and the User has given a clear order to unlock the Client Account.

  1. USER IDENTIFICATION PROCESS

3.1.       Before being able to use the services provided on p2p.crowdestor.com, the User shall be identified.

3.2.       The Service Provider identifies the User relying on data received from the Platform and information received from the bank when the User transfers the funds to the bank account of the Service Provider.

3.3.       The Investor shall be entitled to transfer funds to the bank account of the Service Provider for securing the purchase of Claims after successful onboarding of the Investor by the Service Provider. The Investor shall have the right to use the funds of its Client Account for purchasing Claims.

3.4.       The Service Provider has the obligation to initiate the block of the Client Account in following situations:

3.4.1.     the Service Provider has suspicions regarding the performance of illegal transactions, including the relation of the Investor to the funds that directly or indirectly have been received as the result of criminal offence or are related to the financing of terrorism or an attempt of such activities.

3.4.2.     the Investor uses services available on p2p.crowdestor.com for illegal purposes.

3.5.       The Service Provider has the right, but not the obligation, to initiate the block of the Client Account in following situations:

3.5.1.     the Service Provider has suspicions regarding unauthorized access to the Client’s Account or the Investor’s password has become known or might have become known to Third Persons.

3.5.2.     the Investor has violated the terms of the Agreement or the Assignment Agreement.

3.5.3.     the Investor has provided false or inaccurate information regarding itself to the Service Provider.

3.5.4.     in any other case with an aim to ensure the security, inviolability and confidentiality of services provided to Investors of p2p.crowdestor.com, as well as to prevent losses to the Service Provider, its clients and partners.

3.6.       The Service Provider shall be entitled not to confirm the Investor’s transactions in the following situations:

3.6.1.     the Investor fails to comply with the terms and conditions of the Agreement.

3.6.2.     there are suspicions regarding the Investor’s identity and the Service Provider has failed to contact the Investor to confirm the essence of the transaction.

3.6.3.     the Investor’s order is unclear or distorted due to communication failures.     

3.7.       the Service Provider is entitled to unilaterally change the rules of identification of the Investor and the process of identification of the Investor as well as to specify additional requirements for the Investor.

  1. PURCHASING CLAIMS

4.1.       The User may purchase Claims offered on p2p.crowdestor.com if it is classified as Investor pursuant to this Agreement and if enough funds are available on its Client Account.

4.2.       To purchase the Claim, the Investor shall take the following steps:

4.2.1.     the Investor at its own discretion chooses and selects one or more Claims offered on p2p.crowdestor.com.

4.2.2.     when purchasing only a part of the Claim, the Investor specifies the partial amount of the Claim that the Investor wishes to purchase.

4.2.3.     the Investor may purchase unlimited number of Claims, both in the full amount and in any portion thereof.

4.2.4.     the Investor shall have enough funds in its Client Account balance for paying the Assignment Fee of the selected Claim or accumulated Assignment Fee of all selected Claims.

4.3.       Applications to purchase Claims are registered and executed in chronological order. The Service Provider shall have the right to unilaterally amend and supplement the order of execution of the applications without prior notification of the User.

4.4.       By selecting the Claim and indicating the price, which the Investor agrees to pay for the respective Claim (Assignment Fee), it is considered that the Investor has submitted an offer to purchase the respective Claims.

4.5.       After selecting the Claim, review and approval option of a summarized information of the selected Claim and the Assignment Agreement shall be provided to the Investor.

4.6.       If the Investor agrees to purchase the Claim on the terms of the Assignment Agreement, the Investor confirms its intention to purchase the selected Claim. By such confirmation the Investor confirms that it has read and understands the terms of the Assignment Agreement. By such confirmation the Investor also authorizes the Service Provider to carry out the transfer of funds necessary for purchase of the respective Claim from the Client Account balance to the Assignor.

4.7.       When confirmation from the Investor is received, the Assignment Agreement is deemed to be concluded, and at the same time, Service Provider deducts the Assignment Fee from the Client Account balance, after which transfers it to the Assignor.

4.8.       After the Assignment Agreement is concluded, it shall be available to the Investor on the Platform until termination of this Agreement and deleting of the Client Account.

4.9.       Other documents regarding the Claim shall be kept by the Assignor or other person indicated in the Assignment Agreement and shall not be transferred to the Investor.

4.10.   All transactions concluded by the Investor shall be reflected in the Client Account on the Platform and the Investor shall have the right to review this information at any time. The Client Account shall also contain the information on the Claims arising from the concluded Assignment Agreements, as well as the Loan repayment and interest payment schedules (if any).

4.11.   When the Investor purchases only a part of the Claim, the Investor hereby confirms to be aware that there are more Assignees of the respective Claim, and the Service Provider administers the Claim for the benefit of all such Assignees together. All payments received from the Borrower shall be distributed in proportion between all Assignees in accordance with their purchased amounts of the Claim.

4.12.   The Service Provider and Lenders shall service the payments made by the Borrower in accordance with the terms and conditions of the Loan Agreement and Cooperation agreement concluded between the Service Provider and the Lender and deliver to the Assignees all received payments due to them, increasing their Client Account balance pursuant to the procedure prescribed by the Assignment Agreement.

4.13.   In case of the Lender’s default, i.e. when the Lender fails to repay due payments to the Service Provider, the Service Provider may incur costs, such as, e.g., external legal fees related with the recovery of respective funds due to the Investors, restructuring of the payment obligations towards the Investors, or taking other actions which are aimed at ensuring that payments are made to the Investors with respect to their Claims. The Investor hereby acknowledges that the Service Provider is entitled to compensation and the Investor agrees to compensate such reasonable costs incurred since the aforementioned recovery procedures are made by the Service Provider acting in the interests and benefit of the Investor as a fiduciary agent of the Investor.

4.14.   The Service Provider shall in each case inform Investors about the costs, which should be compensated by Investors, and such compensation shall be limited by the recovered amount of due payment received by the Service Provider.

4.15.   The Investor is aware of and understands that in accordance with applicable tax legislation, the revenue received by the Investor from the transactions concluded via the Platform/p2p.crowdestor.com might be subject to income tax and therefore the Investor might have an obligation to pay the income tax.

4.16.   The Service Provider is not entitled to withdraw taxes, fees and other payments from funds paid to the Investor. The Investor bears full liability for payment of all applicable taxes arising from the Investor’s Claim in accordance with effective legal tax regulation of the Investor’s country of tax residence.

  1. RIGHTS AND OBLIGATIONS OF THE USER

5.1.       The Investor hereby undertakes to, as soon as possible from the request, provide the Service Provider with information or documentation that is necessary for the Service Provider in the following matters: identification of the Investor, confirmation of Investor’s origin of funds/wealth, and other matters related to fulfilling the Agreement.

5.2.       The Investor hereby confirms that the Investor clearly understands the provisions of the Agreement, and any rights and duties arising from such, and the Investor waives any claims whatsoever against the Service Provider that such provisions have not been discussed or have been unilaterally determined by the Service Provider.

5.3.       All activities carried out in the Client Account shall be regarded as activities carried out by the Investor itself and thus shall be recognised as binding upon the Investor.

5.4.       The User shall comply with provisions of the Agreement and other agreements that are binding upon the Investor and are concluded with the Service Provider.

5.5.       The Investor undertakes not to use p2p.crowdestor.com for carrying out illegal transactions, including fraud and money laundering.

5.6.       The Investor undertakes to use only secure means and devices of electronic communication and data transmission.

5.7.       The Investor shall ensure the balance of the Client Account in sufficient amount to fulfil the Agreement and cover any payments arising from it.

5.8.       If the Investor has not ensured sufficient balance of the Client Account, the Service Provider shall not be obliged to execute the relevant Investor’s instructions, transactions, or payments.

5.9.       The Investor shall not disclose any information to a Third Person with respect to the Agreement that may concern interests of the Service Provider or the Borrower. The Investor shall take all necessary security measures to prevent Third Persons from accessing the Investor’s Client Account.

5.10.   The Investor agrees not to request information about the Borrower itself and not to start servicing the Claim, and/or not to commence the Loan recovery. The Investor shall not, personally or through other authorised representatives, contact the Borrower in any way in connection with the concluded Assignment Agreement and the acquired Claim.

5.11.   The Investor shall not revoke the authorisation issued to the Service Provider regarding the Claim Servicing during the entire validity term of the Agreement.

5.12.   During the validity of the Agreement, the Investor undertakes to immediately inform the Service Provider about changes in information submitted to the Service Provider.

5.13.   The representative of the Investor, which is a legal entity, certifies that it is entitled to dispose of the funds owned by the Investor and takes full responsibility for such actions.

5.14.   Without prejudice to the other obligations of the Investor set forth in the Agreement, the Investor agrees not to:

  • Systematically retrieve data or other content from p2p.crowdestor.com to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other Investors, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of p2p.crowdestor.com, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of p2p.crowdestor.com and/or the Content contained therein.
  • Make improper use of the p2p.crowdestor.com support services or submit false reports of abuse or misconduct.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of p2p.crowdestor.com or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of p2p.crowdestor.com.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Interfere with, disrupt, or create an undue burden on p2p.crowdestor.com or the networks or services connected to p2p.crowdestor.com.
  • Harass, annoy, intimidate, or threaten any of employees or agents engaged in providing any portion of p2p.crowdestor.com services.
  • Attempt to bypass any measures of the Platform designed to prevent or restrict access to p2p.crowdestor.com.
  • Use a buying agent or purchasing agent to make purchases on p2p.crowdestor.com.
  1. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

6.1.       The Service Provider shall fulfil the Agreement and ensure the Claim Servicing according to the terms and conditions of the Agreement and terms and conditions of the Assignment Agreements carrying out all activities related to the Claim Servicing in the interests of the Investor.

6.2.       The Investor hereby authorises the Service Provider to service Claims in the name of the Service Provider but in the Investor’s interests, including:

6.2.1.     to make payment of the Assignment Fee to the Assignor, using/reducing the balance of the Client Account for this purpose.

6.2.2.     to distribute the payments received towards settlement of the Claims among the Investors (Assignees) in accordance with the concluded Assignment Agreements, directing to each Investor (Assignee) the portion of payment due to it.

6.2.3.     to withhold all payments related to the concluded Assignment Agreement.

6.2.4.     to perform other actions that the Service Provider is entitled to take on behalf of the Investor under the Agreement.

6.3.       The Investor is informed that the authorisation in relation to the Service Provider shall be valid throughout the entire period of validity of the Agreement and the activities carried out by the Service Provider in this regard shall be binding upon the Investor, and the Investor waives any claims against the Service Provider in this regard.

6.4.       The Service Provider is not obliged to make any pay-outs to the Investor unless the Service Provider receives the funds due to the Investor from the Lender or the Borrower under the terms of the relevant Assignment Agreement.

6.5.       Regardless of any of the terms of the Agreement, the Service Provider has no obligation to provide the Claim Servicing or provide any payments, or provide any services or act to benefit any person or any Third Person, as long as this Claim Servicing, payment, service, benefit and/or business or the Investor’s (for legal persons – the ultimate beneficial owner’s) activities violates applicable sanctions, financial embargo and economic sanctions, laws and regulations that are directly applicable to the Service Provider. The applicable sanctions are national sanctions imposed by the Republic of Croatia, EU sanctions, United Nations sanctions, United States of America sanctions and/or other sanctions that the Service Provider is required to comply with and observe.

6.6.       The Service Provider may at its sole discretion and at any time and without the consent of the Investor or any party to the Loan Agreement or the Assignment Agreement:

6.6.1.     to assign any right and/or delegate its obligations under the Agreement to any Affiliated Company, and/or

6.6.2.     delegate to any Affiliated Company the performance of any services of p2p.crowdestor.com (including receipt of payments from the Investor and making of pay-outs to the Investor).

6.7.       The authorizations, instructions, consents, permissions, or powers of attorney given to the Service Provider under this Agreement shall be deemed given to Affiliated Company as well, where applicable for purpose of Clause 6.6. of the Agreement.

  1. LIABILITY

7.1.       The Parties shall be responsible for compliance with the terms and conditions of the Agreement and fulfilment of the obligations prescribed therein.

7.2.       The Investor shall be liable for all losses incurred to the Service Provider, the Lender, the Borrower, or any Third Person as the result of the activity (act or omission) of the Investor.

7.3.       The Investor shall assume full liability for all losses, assumed commitments, or other activities carried out in the Client Account until the Service Provider has been warned about situations related to the Investor’s Client Account and when the Service Provider has had a sufficient time to block access to the Client Account by request of the respective Investor.

7.4.       The Investor uses p2p.crowdestor.com personally and at its full responsibility. The Service Provider bears no liability for the Investor’s possible obligations arising from requirements of law and regulations, resulting from the use of p2p.crowdestor.com.

7.5.       The Service Provider shall only be held liable for all damages caused by its activity (action or omission) to the Investor insofar as the Service Provider can be directly and clearly blamed for the occurrence of such damages and only to the extent of the amount of the balance in the Client Account at the moment of the occurrence of the damage.

7.6.       The Service Provider is not liable for the accuracy and completeness of information provided by the Borrower and/or the Lender.

7.7.       During the performance of the Agreement, when using means of communication, the Service Provider shall not be held liable for any damages incurred due to disturbances in using mail, facsimile, electronic or other means of communication as well as technical equipment ensuring the relevant the Service Provider’s services, including, but not limited to communications failures, malfunctions, the malfunction of electronic data exchange and payment systems (including systems of internet banking) of the credit institutions.

7.8.       The Service Provider shall not be held liable for damages that have been or may be caused to the Investor in relation to conclusion of the Assignment Agreement, including the Borrower's default under the Loan Agreement and the Claim repayment and settlement.

7.9.       The Investor is informed and agrees that the Service Provider and Lenders, as Assignors, are only responsible for the authenticity of the Claim, but the Service Provider or the Lender as Assignor shall not and cannot be held liable for the security of the Claim and failure of the Borrower to settle the Claim.

7.10.   The Service Provider is not and cannot be held liable for the Borrower's obligation to repay a Loan and to settle a Claim, and the Service Provider is under no obligation to reimburse or compensate the Investor for the Claim not repaid. If the relevant Assignment Agreement prescribes an obligation for the Lender or any other person to repurchase the Claim from the User, or the Lender or any other person has guaranteed the fulfilment of the Borrower’s obligations, the relevant person shall be responsible for fulfilment of the repurchase and/or guarantee obligations pursuant to the procedure prescribed in the Assignment Agreement.

7.11.   The Service Provider has no obligation to pay to the Investor any payment under the Assignment Agreement until the moment when the Lender has received such payment from the relevant Borrower in accordance with conditions of the Loan Agreement.

7.12.   The Service Provider and the Lender has no obligation to reimburse to the Investor the Assignment Fee (in whole or in part) until the Loan maturity date in accordance with the Loan Agreement, if in the Agreement or in the Assignment Agreement is not indicated otherwise.

7.13.   The Parties shall not be liable for failure to fulfil their obligations if the non-fulfilment has occurred due to reasons that are independent on the Parties (force majeure), which the Parties could not have predicted or affected, including power outages, adopted Laws and Regulations, strikes, military activities, natural calamities, pandemic, epidemic, or other circumstances, which the Parties could not have prevented or predicted. The Party suffering from the force majeure circumstances shall have the right to refer to them only and solely in case if it has taken all steps that depend on it to fulfil the obligations under the Agreement. It is considered that the official document (reference, decision etc.) provided by the competent state or self-government establishment is a full argument of existence of the force majeure circumstances. Once the force majeure circumstances have been prevented, the Parties must immediately resume the performance of their obligations under the Agreement.

  1. CONFIDENTIALITY AND PERSONAL DATA PROCESSING

8.1.       Any information arising from the Agreement is considered as confidential in part that is not published on p2p.crowdestor.com.

8.2.       The Service Provider undertakes not to disclose to the Third Parties the information related to the Investor’s activity on p2p.crowdestor.com unless the disclosure is required by the Laws and Regulations and except the cases referred to in this Section 8. of the Agreement.

8.3.       The Investor undertakes not to disclose to the Third Parties the information related to the services received via p2p.crowdestor.com that may affect the interests of the Service Provider, the Lender, or the Borrower.

8.4.       The password to access the Client Account is confidential information that the Service Provider and the Investor undertake not to disclose to the Third Parties.

8.5.       The User is informed that the Service Provider as personal data processor in accordance with conditions of GDPR is entitled to process all the Investor’s personal information received from the Investor, as well as to transfer it and to receive personal data and other information on the Investor from the Third Parties, for instance, state revenue services, offices for prevention of laundering of proceeds derived from criminal activity, credit information bureaus, debt collecting service providers, etc., databases, limited access government information systems with a purpose to evaluate solvency of potential or existing Investor and managing of the Service Provider’s credit risk, as well as for in situations such information is necessary for services providing in accordance with corresponding normative acts, and to process it.

8.6.       The Service Provider is entitled to process all the Investor’s personal data in accordance with the Service Provider’s Privacy Policy and Personal Data Processing Terms agreed upon between the Lenders and the Service Provider. If the Investor does not provide personal data necessary for the fulfilment of the Agreement or the legal obligations under the Laws and Regulations, the Service Provider may not be able to conclude and fulfil the Agreement and provide services on p2p.crowdestor.com.

8.7.       When accepting the Agreement, the Investor accepts and acknowledges the terms of the Privacy Policy.

8.8.       The Service Provider shall use reasonable organizational, technical, and administrative measures to protect the confidentiality, integrity, and availability of the Investor’s personal data. The Service Provider shall monitor and ensure that all authorized personnel of the Service Provider involved in the processing of the personal data have committed themselves to the confidentiality obligations or are under statutory obligation of confidentiality.

  1. DURATION AND TERMINATION OF THE AGREEMENT

9.1.       The Agreement between the Service Provider and the Investor shall come into force from the moment when the Investor has approved it and given consent to the Agreement.

9.2.       The Investor is bound by the provisions of the Agreement throughout the period of validity of the Agreement, until the Client Account is deleted.

9.3.       The current version of the Agreement, as amended from time to time, shall be available on p2p.crowdestor.com. The User shall independently and regularly monitor the information as regards any amendments to the Agreement.

9.4.       The Service Provider is entitled to unilaterally amend the Agreement and the Investor shall be informed about such amendments via e-mail and/or its Client Account on the Platform. If the Investor continues to use the services available on p2p.crowdestor.com after the amendments have come into force, it shall be deemed that the Investor has agreed to the respective amendments to the Agreement.

9.5.       The Agreement is valid until the complete fulfilment of the obligations set forth herein.

9.6.       The Service Provider is entitled to without any prior notice terminate the Agreement and delete the Client Account in case of the following:

9.6.1.     if the Investor has breached the terms and conditions of the Agreement or the Assignment Agreement or any other terms and conditions applied to the use of p2p.crowdestor.com, or otherwise illicitly uses p2p.crowdestor.com.

9.6.2.     if the Investor has provided the Service Provider with false or incorrect information or counterfeit documents.

9.6.3.     if the Investor does not provide the Service Provider with the necessary information to carry out Investor’s identification, KYC procedures, confirmation of origin of the funds and/or other activities necessary under the Service Provider’s procedures or Laws and Regulations.

9.6.4.     if the Service Provider suspects that the Investor is involved in or the Client Account is used for money laundering, terrorism financing, or an attempt to do so, or if the Investor is a person who is subject to international or national sanctions or is affiliate of such person.

9.6.5.     if in accordance with Laws and Regulations or pursuant to an order of a governmental authority the Service Provider’s cooperation with the Investor must be terminated.

9.7.       If the Service Provider has any suspicions that the Investor’s activities on p2p.crowdestor.com and/or the Client Account are not performed by the Investor itself, the Service Provider may refuse to accept the actions taken on p2p.crowdestor.com and in the Client Account and/or initiate to block the Client Account. In such a case, the Service Provider is entitled not to approve any actions taken on p2p.crowdestor.com until the Service Provider has contacted the Investor, the Investor has confirmed its actions, and the Service Provider has verified the Investor’s identity.

9.8.       The Service Provider has the right to unilaterally terminate this Agreement by way of sending a written notice to the Investor’s e-mail address that is indicated in the Investor’s profile 10 (ten) calendar days in advance. As of the moment of sending the notice, the Investor is forbidden to conclude new Assignment Agreements and purchase new Claims, as well as to use the Client Account. In this case, the Service Provider continues to serve all the Investor’s Claims purchased before the notice of the Service Provider on unilateral termination of the Agreement is sent in compliance with the Agreement and the Assignment Agreement.

9.9.       The Investor shall be entitled to unilaterally terminate the Agreement and request deletion of the Investor’s Account by way of sending a written notice at least 10 (ten) calendar days in advance, provided that the Investor does not have any active Claim serviced by the Service Provider, and in accordance with the Agreement the Investor does not have any debt obligations to the Service Provider or any other persons in accordance with the Assignment Agreements entered into on p2p.crowdestor.com.

  1. CONDUCT IN CASE OF INSOLVENCY OF THE SERVICE PROVIDER

10.1.   In the unlikely event that the Service Provider is declared insolvent:

10.1.1. conclusion of all new Assignment Agreements on p2p.crowdestor.com shall be stopped immediately.

10.1.2. it will not be possible to carry out transactions on p2p.crowdestor.com, the Agreement shall be terminated.

10.1.3. the Investor shall receive information regarding Assignment Agreements that are concluded and still in effect to the Investor’s e-mail address indicated in the Client Account.

10.1.4. validity of Assignment Agreements and any of the Investor’s rights arising from Assignment Agreements shall not be affected.

10.2.   To ensure that information prescribed in Clause 10.1.3 hereof is provided and sent, the Service Provider may cooperate with Third Persons/service providers.

10.3.   In case of insolvency of the Service Provider, liquidator, or administrator, appointed in accordance with Laws and Regulations, shall take all necessary actions to transfer the servicing and administration of all transferred funds to an appropriate manager, all Investors shall be informed about it.

  1. FINAL PROVISIONS

11.1.   The Agreement is concluded by electronic means in accordance with the procedure specified in the Agreement and it is valid without the signatures of the Parties.

11.2.   The User agrees that the Service Provider is entitled to communicate with the Investor either by:

11.2.1. sending an SMS and/or calling the Investor’s mobile number specified in the Client Account.

11.2.2. calling other numbers specified in the Client Account.

11.2.3. sending an e-mail message to the e-mail address specified in the Client Account.

11.2.4. sending regular or registered mail to the address of the Investor specified in the Client Account or at discretion of the Service Provider to any other address of the Investor known to the Service Provider.

11.3.   Any notices, applications and information to the Service Provider prescribed in the Agreement shall be submitted and/or sent by e-mail indicated on p2p.crowdestor.com.

11.4.   The Service Provider is entitled to unilaterally amend the Price List at any time, including determining new commission fees, as well as at the unilateral discretion of the Service Provider to grant discounts from commission fees indicated on the Price List. About amendments connected with the Price List, the Service Provider notifies the User 30 (thirty) calendar days prior until entering into force of such amendments.

11.5.   In case the Investor does not accept or deny amendments to the Agreement and/or of the Price List during 30 days since a respective notification has been sent to the Investor, the Agreement and/or the Price List shall be deemed as accepted automatically.

11.6.   In case the Investor does not agree with any amendments to the Agreement, the Investor shall have the right to unilaterally terminate the Agreement.

11.7.   Laws and Regulations shall be applied to all legal relations arising from the Agreement.

11.8.   Any disputes between the Parties arising from the Agreement shall be resolved pursuant to the procedure specified in Laws and Regulations.

11.9.   The Investor agrees and has no objections to receiving any kind of commercial and non-commercial communications, advertising materials, wide range of news and all kinds of information that would be sent to the mobile phone number and the e-mail address specified by the Investor. The Investor confirms that it has no objection against either the way of sending such information or its possible content.