These General Terms and Conditions of Use (hereinafter the "GTU
") govern your access to and use of the website it.october.eu and the App app.october.eu (hereinafter collectively referred to as the"Site
"). The Site is managed by October Italia S.r.l. - with registered office in Largo Augusto 8, 20122 Milan, Italy, share capital of Euro 154,830.33, i.v. Tax code, VAT number and registration number with the Companies' Register of Milan 09473300961, REA MI - 2092477 (hereinafter "October Italia
").Telephone: 02 92854260Email address: [email protected]
: [email protected]
The Site is hosted by:OVHsocietà per azioni semplificata di diritto franceseRCS Lille Métropole 424 761 419 00045APE code 6202VAT code: FR 22 424 761 419Registered office: 2 rue Kellermann - 59100 Roubaix - Francia.eapp.october.eu is hosted by:Amazon Web Services:Amazon Web Services LLCPO Box
- If the User is a natural person (be it an Applicant or Lender)
- she must be of legal age;
- must not be registered as a "US Person" by the US tax administration;
- must hold a SEPA bank account in Euro;
- must have a valid e-mail address and mobile phone number.
- If the User is a legal entity (Lender)
- must not be a bank or a person acting as a professional lender within the meaning of Article 106 of Legislative Decree 385/1993;
- must not be registered as a "US Person" (i.e. a legal entity with registered office in the United States) by the US tax administration;
- must hold a SEPA bank account in Euro;
- must have a certified e-mail address
- in the case of an entity acting on behalf of a legal person, it must have appropriate powers of representation.
Access to certain sections of the Site requires the use of personal access codes. In such cases, the User is responsible for the safekeeping and proper use of his or her own credentials that allow access to confidential services. In such cases, the User is required to choose his or her own user ID and password. The User may not choose another person's user ID with the intention of using their identity. Furthermore, the User may not use another person's user ID without his or her express authorization. The User is required to ensure the confidentiality of his or her password and to avoid sharing it with third parties. The codes may be changed at any time. However, for security reasons, the number of attempts to access these sections may be limited in order to prevent fraudulent use. In the event that the User becomes aware of fraudulent use of the Site, the User must immediately notify the operator of the Site by means of a communication and
- perform the pre-registration (providing the User's name, e-mail address and choosing a password containing at least 8 characters of which at least 1 number);
- accept these GTU by checking the appropriate box; and
- confirm your e-mail address by clicking on the e-mail link sent following the pre-registration.
Once the above procedure has been completed, the subscription will be considered as completed and this will allow the User to regularly receive a newsletter where information about new projects available on the Site and the status of ongoing projects will be provided.1.2.2
. Pre-registration - Phase 2: Security, two-factor authentication and simple electronic
signatureSome additional information will be required in addition to the information required (and already provided) in Phase 1, such as date of birth, place of residence and mobile phone number.1.2.
The loan process and simple electronic signature of loan contracts on the Site is done through a protoc
- the first authentication is performed using the e-mail and password of the User chosen during Phase 1 of the pre-registration;
- the second is performed by sending to the mobile phone number provided by the User (after identification) an SMS with a signature code to be entered to validate the pre-registration and to fully express their consent to the Site's GTU.
2.3. Registration: KYC (Know Your Customer) process - Verification of the identity of the UserOctober
Italy uses the services of the Community payment institution Lemonway SA and for the effect that the company is subject to the rules provided for the fight against money laundering and financing of terrorism established by Legislative Decree 231/2007 and its subsequent additions and amendments. For this reason, before accessing all features of the Site, and in particular before lending in accordance with article 2 of these GTU, you must provide the following documents
- Copy of one of the following identity documents
- Passport (pages 2 and 3) valid;
- Valid national identity card (front/back);
- Valid residence card or residence permit (front/back) (in this case a second identity document is also required)
- Tax residence of natural persons (a copy of one of the following documents)
- Water service bill (less than 3 months);
- Electric service bill (less than 3 months);
- Gas supply bill (less than 3 months);
- Landline, mobile phone or Internet bill domiciled with the User (less than 3 months);
- Real estate rental contract duly registered and receipt of the last payment made (less than 3 months).
- Tax residence of legal persons
- chamber of Commerce view updated 10 days prior to the date of delivery of the document to October
- Document proving ownership of the bank or postal account
- Copy of Health Card / Tax Code
This verification phase is completely manual and may take up to 2 working days. Any false or irregular declaration may result in the application of specific actions aimed at preventing possible fraud.1.2.4. Suitability test At the
end of the verification procedure, it will be necessary to answer a multiple-choice questionnaire (estimated time of completion: 1 minute) to confirm your investment capacity and suitability to lend through the Site. 1.3.
Registration of subjects1.3.1
Proof of the suitability of the company to obtain a loan through October, free of charge and without obligation To
verify the suitability of the applicant to obtain a loan through the Site, it will be necessary to access the following link: https: //it.october.eu/imprese/In
a first step will be sufficient to communicate the tax code of the company, the amount of the loan requested and its duration.In order to receive the results of the verification, it will be sufficient to communicate the following information
- the financial statements for the last 3 financial years approved by the Shareholders' Meeting together with the Report on Operations, the Report of the Board of Statutory Auditors or the Single Statutory Auditor (if present) and the Report of the Independent Auditors (if appointed)
- The last 3 tax returns (Modello Unico - SC)
- Schedule of existing debts
An analyst from October Italia will contact the Applicant by e-mail and/or telephone, as soon as possible, to study the project and to better understand the specific needs of the Applicant. In any case, it is understood that further documentation may be required from the analyst in order to complete the analysis of the company applying for funding and thus to submit the relevant application for funding to the October Italia Credit Committee for approval. The User agrees, for this purpose, to provide October Italia, for the study of the application as part of the information disclosed on the Site, with accurate, precise, complete and unobtrusive information on the project it intends to finance and on the company's financial, economic and asset conditions. The duration of this procedure is variable and requires, on average, 4 or 5 working days, depending on the type of application and the speed of communications.1
.3.3. Procedure KYC (Know Y
- disseminate content that is insulting, defamatory, unauthorized, harmful, violates privacy or image rights, incites violence, racial or ethnic hatred;
- use the Site for political, promotional or proselytizing purposes;
- publish promotional or advertising content;
- disseminate information or content that may be harmful to minors;
- carry out illegal activities, in particular to the detriment of the holders of rights to software, trademarks, photographs, images, text, videos, etc.;
- use a defamatory, harmful identifying element, which violates privacy or image rights, which incites violence, racial or ethnic hatred.
October Italia shall not be liable for any damage, direct or indirect, resulting from the use of this Website.2
.1 Services offered on the WebsiteOctober
Italia provides a loan platform for micro-enterprises and SMEs. October Italia allows the User to provide directly to companies to finance the real economy.October Italia does not provide payment services and does not hold or dispose of any money of users, these activities are carried out by Lemoway SA, a company under French law authorised as a Payment Institution by the ACPR (Autorité de contrôle prudentiel et de résolution, French supervisory authority) and authorised to provide payment services in Italy under the freedom to provide services within the European Union by virtue of an EU "passport"
. The conditions for the provision of payment services provided by Lemonway SA are accessible through the Website at the following address https://it.october.eu/cg
- incompleteness or difficulty in updating user data;
- incorrect attribution of the class of merit due to methodological inaccuracies or misinterpretation of data in the evaluation of users;
- mutability during a period subsequent to the evaluation of the conditions subject to user evaluation compared to the evaluation carried out at the request stage through the Site.
The creditworthiness ratings, together with other information made available on the Site in relation to the projects published on the Site do not provide anything other than indicative results, based on information provided by the Applicant and therefore cannot be considered as a reliable guarantee for the achievement of a particular result. The information published on the Site does not represent any form of advice or recommendation or solicitation by October Italia. The User will be solely and exclusively responsible for evaluating the information and the choices made through it. Due to the number of third-party sources from which the information is obtained and the nature of the distribution of data via the Internet, October Italia cannot guarantee, nor undertake, nor declare that
- the information published on the Site is complete, accurate, up-to-date, error-free;
- the Site is free from viruses or that its operation is continuous, without interruptions or errors.
The User assumes all responsibility for any damage to his computer or loss of data resulting from the download of information from the Site.October Italia cannot therefore be held responsible for the financial and fiscal implications of loans granted through the Site. Furthermore, it is stressed that the User is the only one, in terms of law and responsibility, to decide on his own loan choices made on the Site.To date, the assignment of credits on the October platform is not allowed. We apologize for not being able to offer this opportunity. The assignment of credits between private individuals is formally prohibited in some countries and poses numerous legal problems in its formalization. If the lender decides to assign his loans to a third party, it is his responsibility to verify that he is doing so legally and to execute any contractual commitments made, including the redirection of payments. October will not be able to modify the portfolio and the pre The request for funding.
data relating to the taxation of loans granted by natural persons (lenders) are given as an indication under section FAQ
the User declares to be aware that this information is only indicative and does not constitute tax advice.October Italy disclaims any liability with regard to any financial and tax consequences of loans granted or received on the Site, and urges the User to consult his tax advisor to assess his situation.
5. Proof agreementAcceptance
of these GTU electronically has, between the parties, the same legal value as a paper contract.The computerized documentation and stored in computer systems will be stored in reasonable conditions of security and considered as evidence of communications between the parties.
6. Signature of loan agreements by creditorsBy
signing these GTU, the User acknowledges and agrees that the signing of loan agreements will be considered as a proof of the existence of the contract
- Step 1 - Registration on the site in accordance with Article 1 of these GTU;
- Step 2 - Selection of the project and the amount lent;
- Step 3 - A summary of the key elements of the transaction is communicated during the signing process and you will be asked to confirm your adherence to the CGUs, to accept the loan contract by checking the acceptance box and clicking on "Validate" to express your willingness to sign the contract. The contract is available and downloadable on the Site in your personal space;
- Step 4 - Identity verification: you will receive, by SMS, a signature code, which must be entered on the Site, in the appropriate field to finalize the signature and fully express your consent to the conclusion of the transaction.
Information contained on the Website7
undertakes to provide accurate and up-to-date information. However, the transmission of data and information over the Internet does not allow for absolute technical reliability, so the accuracy of all information on the Website cannot be guaranteed. As a result, October assumes no responsibility for the use of such information. The contents of the Website may be inaccurate or misprinted. October Italia shall in no event and for any reason whatsoever be liable for any inaccuracies or errors or for any damage caused or arising out of reliance placed by you on or through the Website. You will be solely and exclusively responsible for evaluating the information and content that you obtain through the Website. The Website and all information and content published on the Website may be changed by October Italia at any time, from time to time, and
- no longer have access to the data contained in the October account
- no longer be able to benefit from the information and opportunities available on the Site
- no longer have access to the services offered by the Site.
In order to request the closure of his/her October account, the User shall send an e-mail from his/her e-mail address to [email protected]
indicating his/her willingness to close the October account. The funds remaining in the October account may only be transferred by bank transfer to the bank or postal account whose details were provided at the time of registration. Within a maximum of 30 days, the User shall receive a confirmation e-mail from October confirming the closure of the October account.8
.2 At the request of the payment service provider
, the User's payment account may be closed in accordance with Article 18(2) of the Lemon Way GTU. In this case, October will also close the October account even if there are outstanding loans. In this case, October will proceed as follows
- The User's loans will be repurchased by October at the following value
- their residual capital for loans for which no payment incident has been detected
- For all other situations, October will apply a write-down ranging from 40% to 100% of the remaining principal on the redemption value of the position on a discretionary basis.
- October will make the User a proposal to repurchase credits and loans
- If the User agrees, a credit transfer agreement will be entered into between October and the User. The funds will be credited to the October account. The User must debit the available balance from his October account. Following this transfer, October will close the account after sending an email notification.
- If the User refuses the redemption offer, October will close the account after sending an email notification. The User will no longer be credited with any reimbursements for loans taken out.
3 Upon decision of OctoberThe
closure or blocking (impossibility to make loans or top-ups but possibility to make withdrawals and access tax information) of an October account may be decided by October in the following cases
- misuse of the October Account
- Reprehensible behaviour on the part of the Customer, in particular fraudulent use
- Refusal to comply with the obligation to provide essential information - Refusal to provide clarification
- Production of false or inaccurate documents
- Account inactive (unused and without credit) for more than one year
October's decision is taken on the following grounds
- The Account Holder has not complied with the General Terms and Conditions of Use of the platform
- The Account Holder has provided October with inaccurate, outdated or incomplete identification information
- There is a risk of fraud, money laundering or terrorist financing or a risk that may affect the security of the October Account
- The payment service provider receives a large number of refunds, cancelled orders or unauthorised orders.
This decision must be justified and notified to the Account Holder by any means. October reserves the right to request additional documents and to issue, after analyzing the information provided, a favorable opinion authorizing the customer to continue using the October Account. If October finds further abnormal behavior on the same Account, the Account will be automatically and permanently blocked.9.
Intellectual PropertyAll intellectual property
rights (including copyrights, patents, trademarks, service marks, trademarks, designs, both registered and unregistered) on the Site, the information content on or accessed from the Site, all databases managed by October Italia and all projects, text and graphics, software, photos, videos, music, sounds on the Site and the selection and arrangement of the same, and all compilations