These General Terms and Conditions of Use (hereinafter the "GTCU") govern the User's access to and use of the en.october.eu website and the app.october.eu app (hereinafter jointly referred to as the"Site"). The Site is operated by October Italia S.r.l. - with registered office at Largo Augusto 8, 20122 Milan, Italy, share capital of Euro 154,830.33, i.v. Tax code, VAT number and Milan Companies' Register entry number 09473300961, REA MI - 2092477 (hereinafter "October Italia").
Telephone: 02 92854260
E-mail address: [email protected]
PEC: [email protected]
The person in charge of the Site is Mr. Sergio Zocchi.
The october.eu Site is hosted by:
simplified joint stock company under French law
RCS Lille Métropole 424 761 419 00045
APE code 6202A
VAT number: FR 22 424 761 419
Registered office: 2 rue Kellermann - 59100 Roubaix - France.
app.october.eu is hosted by:
Amazon Web Services:
Amazon Web Services LLC
PO Box 81226
Seattle, WA 98108-1226
By accessing the Site you agree to abide by all of the terms and conditions set forth herein, if you do not agree with all or part of these TOU you may not use the Site.
In the following, October refers to October SA and its subsidiaries.
Users may be either individuals who intend to apply for financing through the Site ("Applicants") or individuals who intend to use their own funds to lend to Applicants through the Site ("Borrowers"). In order to access and use all the features of the Site, theUser(meaning both natural persons and legal entities)
Access to some sections of the Site requires the use of personal access codes. In these cases, the User is responsible for the safekeeping and proper use of his credentials that allow access to restricted services. In this case, the User must choose his own user ID and password.
The User may not choose another person's user ID with the intention of using their identity and may not use another person's user ID without their express permission.
You are responsible for maintaining the confidentiality of your password and not sharing it with third parties.
The codes can be changed at any time. However, for security reasons, the number of attempts to access these sections may be limited to avoid fraudulent use. In the event that the User has become aware of a fraudulent use of the Site, the User must immediately notify the operator by e-mail to [email protected].
The User declares and warrants that the data provided by him/her and stored in the information systems of October Italia are correct and accurate and suitable to prove the identity of the User. In case of change of such data, the User undertakes to promptly notify October Italia of the relevant changes.
Without prejudice to the above, the User will in any case be solely responsible for the communication of information and data that are incorrect, false or relating to third parties, without their express consent, undertaking to indemnify and hold harmless October Italia from any damage or prejudice that may arise in the event of failure to comply with the above by the User.
The user is fully responsible for any action taken through his account, either directly or through third parties authorized by him. Any abusive, fraudulent or in any case illegal use will result in the immediate cancellation of the account, at the sole discretion of October Italia.
October Italia has adopted adequate technical and organisational measures to safeguard the security of its services on the Website, the integrity of the data relating to traffic and electronic communications against unauthorised forms of use or knowledge, as well as to avoid the risk of dispersion, destruction and loss of data and confidential and non-confidential information relating to its users on the Website, or of access - unauthorised or not in compliance with the law - to such data and information. October Italia cannot, however, guarantee that the Website is free from viruses or any element that may have detrimental effects on any technology.
In case of non-compliance with the rules described in the present GTU, October Italia reserves the right to suspend the User's access to the Site. In this case, October Italia will proceed to inform the User as soon as possible.
October Italia will endeavour to provide uninterrupted access to the Website; however, access to the Website may be suspended, limited or interrupted at any time, including, but not limited to, for security reasons.
Access to the Website may also be restricted from time to time to allow for repairs, maintenance or the introduction of new features or services. October Italia will endeavour to restore access as soon as reasonably practicable.
October Italia also reserves the right to block access to any material and/or to remove any material that in its sole discretion may result in a breach of these Terms and Conditions.
October Italia also reserves the right to terminate the account of any User who violates these Terms and Conditions, including in cases where a User is found to be using proxy Internet Protocol (IP) addresses in an attempt to hide the use of more than one registration account, or pretends to be located in a country other than that in which he/she actually resides, or in any way causes disruption to the operation of the Site.
October Italia declines all responsibility for any damage deriving from the inaccessibility to the services on the Site or from any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, problems connected to the network, providers or telephone and/or telematic connections, unauthorized access, alteration of data, failure and/or malfunction of the User's own electronic equipment.
Without prejudice to the foregoing, October Italia may amend or simply update all or part of these GTU. Amendments and updates to the GTU will be binding as soon as they are published on the Site in the relevant section. Users are therefore invited to regularly access the relevant section of the Site to check for the publication of the latest and updated GTU.
Navigation on the Site is protected by SSL - https.
Before accessing the list of projects available on the Site, it is necessary to:
Once the above procedure has been completed, the registration shall be considered as completed and this will allow the User to regularly receive a newsletter where information will be provided on new projects available on the Site and on the status of ongoing projects.
In order to unsubscribe from the newsletter, it will be sufficient to unsubscribe at the time of receiving the first newsletter by clicking on the link included in the relevant message.
At the end of Phase 1, you will be able to choose to continue with the registration or use the Website to find projects to be funded.
You will be asked for some additional information to that requested (and already provided) in Step 1, such as your date of birth, place of residence and mobile phone number.
The process of lending and simple electronic signature of loan agreements on the Site is carried out using a security protocol (SSL - https) with two-factor authentication, which includes two steps:
October Italia uses the services of the EU payment institute Lemonway SA and as such the company is subject to the rules for combating money laundering and terrorist financing set out in Legislative Decree 231/2007 and its subsequent additions and amendments.
For this reason, before accessing all the features of the Site, and in particular before lending in accordance with Article 2 of these CGUs, the following documents must be provided:
This verification phase is completely manual and can take up to 2 working days.
Any false or irregular declaration may lead to the application of specific actions aimed at preventing fraud.
At the end of the verification process, you will be required to complete a multiple choice questionnaire (estimated completion time: 1 minute) to confirm your investment capabilities and eligibility to lend through the site.
To verify the eligibility of the Applicant to obtain financing through the Site, you will need to access the following link: https://it.october.eu/imprese/
In the first phase, it will be sufficient to communicate the company's tax code, the amount of financing requested and the relative duration.
In order to receive the result of the eligibility test, you will be asked to register and, in particular, to confirm your e-mail address and the financing request.
For the submission of the grant application, it will be necessary to send in a first step at least the following documents
An October Italia analyst will contact the Applicant by email and/or telephone, as soon as possible, to study the project and better understand the specific needs of the Applicant.
In any case it is understood that further documentation may be required by the analyst in order to complete the analysis of the Applicant company and to submit the application to the October Italia Credit Committee for approval.
The User agrees, for this purpose, to provide October Italia, for the study of the application within the framework of the information disclosed on the Website, with accurate, precise, complete and without omissions information on the project he intends to finance and on the patrimonial, economic and financial conditions of the company.
The duration of this procedure is variable and takes, on average, 4 or 5 working days, depending on the type of application and the speed of communication.
October Italia uses the services of the payment institute Lemonway SA and as a result the company is subject to the rules for combating money laundering and the financing of terrorism set out in Legislative Decree 231/2007 and its subsequent additions and amendments.
For this reason, it is necessary to validate, in parallel with the credit analysis, the identity of the company's beneficial owner (as defined by the aforementioned Legislative Decree 231/2007) as well as that of its directors.
Any false or irregular declaration may lead to the application of specific actions aimed at preventing possible fraud.
Following the decision of the October Italia Credit Committee, the Applicant will be informed of the acceptance or rejection upon publication on the website of their loan application.
In case of acceptance, the financing request related to the relative project will be published on the Website. The Applicant expressly declares as of now that he/she accepts the decision of the October Italia Credit Committee, which cannot in any case be held responsible for any decision taken by the Credit Committee in relation to the acceptance or rejection of a financing request.
In the event of a positive response from the Credit Committee, the online publication of the project will take place only after the signing of the Framework Applicant Agreement, which contains the terms and conditions of financing (amount, duration, interest rate, fees and commissions, APR) as well as the terms and conditions for the online publication of the project on the Website.
By signing the Applicant Master Agreement, the Applicant hereby agrees to grant October Italia a mandate to electronically sign, in the name and on behalf of the Applicant, the various loan agreements with the Lenders. Such agreements shall contain mutatis mutandis the same terms and conditions of the loan as set out in the Applicant Master Agreement.
Without prejudice to the foregoing, the Applicant acknowledges and accepts that the publication on the Website of the project subject of the application for funding does not entail any obligation on the part of October in relation to the achievement of the funding objective of the project, with the result that October Italia may not in any event be held liable for the failure to fund the projects published on the Website.
Please note that the use of the Website presupposes the possession of the hardware and software equipment necessary for Internet use.
In addition, it should be remembered that the Internet does not guarantee the security, availability and integrity of data transmissions. Therefore, October Italia will not be liable for any errors, omissions, deletions, delays, failures (particularly in the case of viruses), communication lines, computer equipment and software not controlled by October Italia, or in the case of unauthorized use or possible degradation of the content published on this Site.
In the protected areas, it will be possible to consult investment or loan opportunities, as well as to lend to businesses or borrow money.
You agree to use the information provided on the Site for the sole purpose of determining whether to enter into a loan application or obtain financing.
In addition, the User agrees to indemnify and hold harmless October Italia in any case from all negative consequences directly or indirectly related to the use of the service by the User.
Attention: The User's attention is drawn to the following provisions.
In using the Website, the User shall refrain from the following actions
October Italia will not be liable for any damage, direct or indirect, deriving from the use of this Site.
October Italia provides a lending platform for micro-businesses and SMEs. October Italia allows the User to lend directly to businesses to finance the real economy.
October Italia does not provide payment services and does not in any way dispose of or hold users' money, such activities are carried out by Lemoway SA, a company under French law authorized as a Payment Institution by the ACPR (Autorité de contrôle prudentiel et de résolution, French supervisory authority) and authorized 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 by Lemonway SA are accessible on the Website at the following address https://it.october.eu/cgu-lemonway/
In order to access the payment services provided by Lemonway SA, the User must read the general conditions and expressly accept them.
Lenders who provide services through the Website must be of legal age.
In order to start lending through the Website, you must open a payment account (the "Lender Account") with Lemonway SA in accordance with the terms and conditions accessible through the Website at https://it.october.eu/cgu-lemonway/, which you agree to read and accept expressly.
Before you can lend through the Website, in accordance with Article 2 of these GTU, you must fund your Lender Account by credit card (up to €2,000) or by bank transfer, for a minimum amount of €50.
Each individual loan cannot be for an amount of less than €20 and, with exclusive reference to natural persons, cannot exceed €2,000.00 (two thousand/00); each lender can choose the Applicants' projects to be financed according to its own preferences and, in just a few clicks, commit to providing the portion of the loan it intends to disburse and each month it can receive the repayment of the amount agreed according to the relevant loan agreement, from the persons who have accepted the loan. In any case, it is necessary to remember that lending money to small and medium-sized enterprises entails a risk of partial or total loss of the money lent; moreover, the lender cannot receive the repayment of the loaned capital earlier than the deadlines established in the loan agreement.
It is also advisable to diversify your loans across different projects in order to reduce the risk of loss arising from the possibility of non-repayment by the Applicant. Diversification is a key element for any lender on a lending platform.
It is advisable to think carefully and read well the documentation available on the Site and check all the information considered relevant before making a decision.
In this respect, the User acknowledges and accepts that the information published on the Site may include creditworthiness judgments, results of simulation tools carried out by means of qualitative, quantitative and performance evaluation techniques, which nevertheless involve the following risks
The creditworthiness ratings, together with the other information made available on the Site in relation to the projects published therein, do not provide anything more than indicative results, based on information provided by the Applicant and therefore cannot be considered as a reliable guarantee of achieving 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 shall 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 data distribution via the Internet, October Italia cannot guarantee, undertake or represent that:
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 tax implications of loans granted through the Site. Furthermore, it is stressed that the User is the only one, in terms of right and responsibility, who decides his/her own loan choices made on the Site.
At this time, the assignment of loans on the October platform is not permitted. We apologise for not being able to offer this opportunity. The assignment of loans between individuals is formally prohibited in some countries and poses numerous legal problems in its formalisation. If the lender decides to assign its loans to a third party, it is the lender's responsibility to ensure that it is doing so legally and to execute any contractual commitments it may have entered into, including the redirection of payments. October will not be able to modify the portfolio and the loans will continue to be managed by October as if they were still its property.
The Loan Applicant must be a company with registered office in Italy, validly existing and therefore properly registered with the competent Company Register and must have approved at least two financial statements at the date of application.
In order to receive a loan through the Website it is necessary to open a payment account (the "Applicant Account") with Lemonway SA in accordance with the terms and conditions set out in the relevant general terms and conditions accessible through the Website at https://it.october.eu/cgu-lemonway/, which the Applicant undertakes to read and accept expressly.
October Italia does not provide any consulting services, including financial advice, to Lenders and cannot be held responsible for the financial and tax implications of loans from which you may benefit on the Site. You will be solely and exclusively responsible for the financing and repayment of your project.
Each October lender has an individual promotional code to make their acquaintances aware of the platform. The promotional code works like this: if a lender (the "Referrer") shares their promo code with an acquaintance (the "Referee"), both will receive a bonus of 20€ if the Referrer opens an October account with the Referrer's promo code and lends 500€ (or 200€ if the Referrer has benefited from a loyalty bonus).
The amount of bonuses that lenders can earn by referring to the platform has a cap of 200€. Once the limit of bonuses that can be received is reached, Referrers will no longer receive any bonus but will have to become professional partners of October and sign a contract with the platform to define the conditions under which they will be remunerated for their activity of referring October to third parties interested in lending to companies. To sign a partnership with October, you can contact us at [email protected]
It may be necessary to include content on the Site that you may download (hereinafter "Downloadable Content"). By downloading or using Downloadable Content, you agree to use it in accordance with these Terms.
A non-exclusive and non-transferable right of use of the Downloadable Content is granted for personal and private use, free of charge and for the legal term of copyright protection. Any reproduction, representation, modification or distribution of the Downloadable Content must be expressly authorized by October.
The data controller of personal data is October Italia.
Access to the Site is completely free of charge.
For information on the costs of the services offered on the Site, please refer to the relevant section on page The request for financing.
Certain information on the taxation of loans granted by individuals (lenders) is provided as an indication in the section of the Site FAQ the User declares that he is aware that this information is only indicative and does not constitute tax advice.
October Italia disclaims any responsibility for any financial or tax consequences of loans made or received on the Site, and urges you to consult your own tax advisor to assess your situation.
Documents computerized and stored in computer systems will be archived under reasonable conditions of security and considered as evidence of communications between the parties.
The archiving of contractual documents shall be carried out on durable and reliable media that can be submitted as evidence.
By signing these GTU, the User acknowledges and accepts that the signature of the loan agreements that he will conclude through the Site will take place following the procedure set out below, and acknowledges that this signature is a simple electronic signature, pursuant to Legislative Decree 82/2013 and its implementing regulations:
October strives 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 Site cannot be guaranteed. Consequently, October assumes no liability for the use of such information.
The contents of the Site may contain inaccuracies or misprints. October Italia will not, under any circumstances and for any reason, be held liable for any inaccuracies and errors or for any damage caused or arising from the reliance created by users on the basis of information obtained from or through the Site. The User will be solely and exclusively responsible for evaluating the information and content obtained through the Site.
The Site and all information and content published on it may be modified by October Italia at any time, from time to time and without notice.
Since any material will be downloaded or otherwise obtained through the use of the Site at the choice and risk of the user, any liability for any damage to computer systems or loss of data resulting from the download operations carried out by the user, falls to the user himself and cannot be attributed to October Italia.
In addition, please note that any inaccuracies or omissions may appear in the information available on this Site, in particular due to infringement and intrusion by third parties. Please report any errors or omissions to the following e-mail address: [email protected]
The information provided on the Site is for informational purposes only and in no way constitutes an invitation to contract, advice or recommendation of any kind. In particular, October Italia does not provide any financial or tax advice.
October Italia is not liable for any damages of any kind, direct or indirect, arising from the information contained in this Site.
In the event that the Website contains links to third party websites and resources provided by third parties ("Other Sites"), October Italia specifies that the links to such Other Sites are included for information purposes only and for the convenience of the user.
October Italia has no control over the Other Sites and, therefore, does not assume any responsibility for such Other Sites or for the content or products of the Other Sites and does not assume any liability for any loss or damage that may arise from the use of such sites by the user, also with regard to the processing of his/her personal data during his/her navigation operations.
If the User decides to access any of the Other Sites to which a link is provided on the Site, he does so entirely at his own risk.
If you wish to create hypertext links to the Site, you must send a request for authorization to the following address: [email protected]
If the user has one or more current loans, the October account cannot be closed. Contrary to Article 18, paragraph 1 of the Lemon Way GCU, the payment account cannot be closed at the request of the holder.
When you, as a user of the Site, are not or no longer a holder of one or more loan agreements as a lender or borrower, you may request that your October account be closed at any time. Closing your October account will result in any amounts available in your account being refunded. By closing your October account, you agree to:
In order to request the closure of your October account you must send an email from your email address to [email protected] indicating that you wish to close your October account. The funds remaining in your October account can only be transferred by bank transfer to the bank or postal account for which you have provided details at the time of registration. Within a maximum of 30 days you will receive a confirmation email from October confirming the closure of your October account.
Pursuant to Article 18(2) of Lemon Way's TOU, the User's payment account may be closed at the request of Lemon Way. In this event, October will also close the October account if there are any outstanding loans.
In such case, October will proceed as follows:
Closure or blocking (inability to make loans or top-ups but ability to make withdrawals and access tax information) of an October account may be decided by October in the following cases:
The October decision is made on the basis of the following reasons:
This decision must be substantiated and notified to the Account Holder by any means. Reactivation of the October Account may take place at the discretion of October.
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. Should October detect further anomalous behavior on the same Account, the Account will be automatically and permanently blocked.
All intellectual property rights (including copyright, patents, trademarks, service marks, trade marks, designs, both registered and unregistered) in the Site, the information content on the Site or accessed, all databases maintained by October Italia and all designs, text and graphics, software, photos, videos, music, sounds on the Site and the selection and arrangement thereof, and all software compilations, underlying source code and all software (including applets and scripts) are and remain the property of October Italia (or its licensors). All rights are reserved.
None of the materials referred to in the preceding paragraph may be reproduced, redistributed or copied, distributed, republished, downloaded, displayed, published or transmitted in any form or by any means, sold, rented, sublicensed, used to create derivative works, or exploited in any way without the prior express permission of October Italia.
You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on a disk (but not on a server or a storage device connected to a network) or print a copy of such content for your personal, non-commercial use, provided that you keep intact all notices relating to copyright and other intellectual property rights.
The authors of individual works published on the Site have, at any time, the right to claim authorship of their works and to object to any distortion, mutilation or other modification of the works themselves, including any act to the detriment of their honor or reputation.
Accessing the Site does not grant the User any rights over its contents.
In exceptional cases, it is possible to expressly authorise the reproduction/presentation of all or part of the Site on certain media. Any request for authorisation must be submitted in advance to the following address: [email protected] or to October Italia.
Any complaints should be addressed to October's complaints service, as follows: October Italia, Complaints Service, e-mail: [email protected].
The User acknowledges and accepts that the use of the Site implies acceptance of the GCU and its subsequent amendments.
The User acknowledges and expressly accepts, also pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code the following provisions: Article 2 ("Use of the Site").
Last modified date of the UGC: 15 December 2021