These General Terms and Conditions of Use (hereinafter the "CGUs") govern your 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 via Ceresio 7/9, 20154 Milan, Italy, share capital of Euro 154,830.33, i.v. Tax code, VAT number and registration number with the Milan Companies' Register 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 No.: 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 comply with all of the terms and conditions set forth herein, should you disagree, in whole or in part, with these TOU you may not use the Site.
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 ("Lenders"). To access and use all the features of the Site, theUser(meaning both natural persons and legal entities):
Access to certain 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 their credentials that allow access to restricted services. In this case, the User is required to choose their own user ID and password.
The User may not choose another person's user ID with the intent to use his or her identity. In addition, the User may not use another person's user ID without his or her express permission.
The User is required to ensure the confidentiality of his/her password and avoid sharing it with third parties.
Codes may be changed at any time. However, for security reasons, the number of attempts to access these sections may be limited to prevent fraudulent use. In the event that the User becomes aware of fraudulent use of the Site, the User shall immediately notify the operator by e-mail communication to be sent to [email protected].
The User declares and warrants that the data provided by the User, and stored in October Italia's information systems, are correct and accurate and suitable to prove the identity of the User himself. In case of change of such data, the User undertakes to promptly notify October Italia of the relevant changes.
Without prejudice to the foregoing, the User will in any case be solely and exclusively responsible for the communication of information and data that are incorrect, false or relating to third parties, without their consent, undertaking to indemnify and hold harmless October Italia from any damage or prejudice that may be caused to it in the event of non-compliance 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 is cause for the immediate cancellation of the account, at the sole discretion of October Italia.
October Italia has adopted appropriate technical and organizational measures to safeguard the security of its services on the Site, the integrity of data relating to traffic and electronic communications against unauthorized forms of use or cognition, as well as to avoid the risks of dispersion, destruction and loss of data and confidential and non-confidential information relating to its users, present on the Site, or access - unauthorized or not in accordance with the law - to the data and information themselves. October Italia cannot, however, guarantee that the Site is free of viruses or any element that may have detrimental effects on any technology.
In case of non-compliance with the rules described in these 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 endeavor to provide uninterrupted access to the Site, however, access to the Site may be suspended, limited or terminated at any time, including but not limited to, for security reasons.
Access to the Site may also be occasionally restricted to allow for repairs, maintenance or to introduce new features or services. October Italia will attempt to restore access as soon as reasonably possible.
October Italia also reserves the right to block access to any material and/or to remove any material that in its sole discretion may give rise to violations of these TOU.
October Italia also reserves the right to terminate the account of any User who violates these TOU, including instances where a User is found to be using proxy-type Internet Protocol (IP) addresses to attempt to hide the use of more than one registration account, or pretends to be located in a different country than the one in which he or she actually resides, or causes in any way disruption to the operation of the Site.
October Italia disclaims any liability for any damage resulting from the inaccessibility to the services on the Site or from any damage caused by viruses, corrupted files, errors, omissions, service interruptions, deletions of content, problems related 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 modify or simply update, in whole or in part, these GTU. The changes and updates of 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 the possible a publication of the most recent and updated GTU.
Navigation on the Site is protected with SSL - https system.
Before accessing the list of projects available on the Site, it is necessary to:
Once the above procedure is completed, the registration should be considered as completed, which will allow the User to receive a newsletter on a regular basis where information will be provided about new projects available on the Site and the status of ongoing projects.
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.
Upon completion of Phase 1, you will be able to choose to continue with registration or use the Site to find projects for funding.
Some additional information will be requested in addition to that requested (and already provided) in Phase1, such as date of birth, place of residence, and cell phone number.
The process of lending and simple electronic signature of loan agreements on the Site is done through a security protocol (SSL - https) with two-factor authentication, which includes two steps:
October Italia makes use of the services of the EU payment institution Lemonway SA and to this effect the company is subject to the regulations provided for the fight against money laundering and the 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 CGUs, the following documents must be provided:
This verification step is completely manual and can take up to 2 working days.
Any false or irregular statements may result in the application of specific actions to prevent possible fraud.
1.2.4 Eligibility Testing
At the end of the verification process, you will be required to answer a questionnaire with multiple-choice answers (estimated completion time: 1 minute) to confirm your investment capabilities and eligibility to lend through the site.
I finanziamenti potranno essere erogati ai Richiedenti anche per il tramite di fondi di investimento alternativi UE gestiti da October Factory, società di gestione del risparmio autorizzata e iscritta nell'apposito albo, sezione gestori di FIA UE, ai sensi e per gli effetti dell'art. 35 del D. Lgs. n. 58/1998, come successivamente modificato, al n 191, nonché da altri partner (i "Soggetti Terzi") con i quali October Factory abbia, tempo per tempo, sottoscritto accordi di partnership e quindi senza il coinvolgimento della Piattaforma.
Pertanto, laddove il finanziamento sia erogato anche dai Soggetti Terzi, i presenti termini e condizioni cesseranno di avere efficacia in relazione a tali finanziamenti che saranno regolati da appositi specifici contratti sottoscritti direttamente tra i Richiedenti e i Soggetti Terzi.
L'elenco dei Soggetti Terzi con cui October Factory ha in essere accordi di partnership è presente in un’apposita sezione sul Sito in cui
In the latter case, the Third Parties involved, will independently conduct their own verifications pursuant to and for the purposes of the rules provided for the fight against money laundering and financing of terrorism established, inter alia, by Legislative Decree 231/2007, and its subsequent additions and amendments, and therefore the provisions provided by the relevant CGUs will not apply.
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 a first step, it will be sufficient to communicate the Enterprises tax code, the amount of the requested financing and its 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 application.
For the submission of the funding application, it will be necessary to send at least the following documents in the first stage:
An October Italia analyst will contact the Applicant by e-mail and/or telephone as soon as possible to study the project and best understand the Applicant's specific needs.
It is understood in any case that additional documentation may be required by the analyst in order to be able to complete the analysis of the company Applicant for funding and thus be able to submit the relevant 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 Site, with accurate, precise, complete and without omissions information on the project it intends to finance and on the equity, 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 speed of communication.
October Italia uses the services of the payment institution Lemonway SA and to the effect the company is subject to the regulations 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, 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 its directors.
Any false or irregular declaration may result in the application of specific actions aimed at preventing possible fraud.
Following the decision of the October Credit Committee, the Applicant will be informed of the acceptance or rejection of their loan application.
In case of acceptance, except for the case when the financing is provided by Third Parties, the financing request related to the relevant project will be published on the Site. The User hereby expressly declares that he/she accepts the decision of the Credit Committee, which shall in any case not be held responsible for any decision made 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 posting of the project will be made only after the signing of the Applicant Framework Agreement, which contains the terms and conditions of the financing (amount, duration, interest rate, fees and commissions, APR) as well as the terms and conditions for the online posting of the project on the Site.
By signing the Applicant Framework Agreement, the Applicant for the loan agrees as of now to give October Italia a mandate to electronically sign, in the name and on behalf of the Applicant User, the various loan agreements with the lenders. These agreements will contain mutatis mutandis the same terms and conditions of the loan as set forth in the Applicant Framework Agreement.
In addition, if the loan is also provided, in whole or in part, by Third Parties, the User Applicant acknowledges and expressly agrees to enter into contractual documentation also directly with Third Parties, through the appropriate process activated directly with such counterparties.
with such Third Parties, through appropriate process activated directly with such counterparties.
Without prejudice to the foregoing, the Applicant acknowledges and accepts that the publication on the Site of the project that is the subject of the application for funding does not entail any obligation on the part of October in relation to the achievement of the project's funding objective, with the result that October Italia cannot under any circumstances be held responsible for the failure to fund projects published on the Site.
Please note that the use of the Site presupposes the possession of the necessary hardware and software equipment to use the Internet.
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 responsible 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, again, 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 business loans or borrowing.
The User agrees 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 agree to indemnify and hold October Italia harmless in all cases from all adverse consequences directly or indirectly related to the User's use of the service.
Attention: the User's attention is drawn to the following provisions.
In using the Site, the User shall refrain from the following actions:
October Italia shall not be liable for any damages, direct or indirect, resulting from the use of this Site.
October Italia provides a lending platform for micro-enterprises 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, these 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 terms and conditions for the provision of payment services provided by Lemonway SA can be accessed through the Website at https://it.october.eu/cgu-lemonway/
In order to access the payment services provided by Lemonway SA, the User must read the relevant general conditions and expressly accept them.
Lenders who lend through the Site must be of legal age.
In order to begin lending through the Site, it is necessary to open a payment account (the "Lender Account") with Lemonway SA in the manner set forth in the relevant general terms and conditions accessible through the Site at https://it.october.eu/cgu-lemonway/, which the lender agrees to read and expressly accept.
Before you can lend through the Site, pursuant to Article 2 of these Terms and Conditions, you must load your Lender Account by credit card (up to €2,000) or by bank transfer, for a minimum amount of €50.
Each individual loan may not be less than €20 and, with exclusive reference to individuals, may not exceed €2,000.00 (two thousand/00); each lender may choose the Applicants' projects to be financed according to its preferences and, in a few clicks, commit to providing the portion of the loan it intends to provide and each month may receive repayment of the agreed amount according to the relevant loan agreement, from the individuals who have accepted the loan. In any case, it should be remembered that lending money to small and medium-sized enterprises involves a risk of partial or total loss of the money lent, and the lender may not receive repayment of the loaned capital earlier than the deadlines stipulated in the loan agreement.
It is also advisable to diversify one's lending on different projects in order to reduce the risk of loss from the possibility of the Applicant's failure to repay. 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 verify all information deemed relevant before making a decision.
In this regard, 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 andamental evaluation techniques, which nevertheless involve the following risks:
Credit ratings, together with other information made available on the Site in connection with the projects published therein, provide nothing more than indicative results, based on information provided by the Applicant and therefore cannot be considered a reliable guarantee for the achievement of any particular result.
The information published on the Site does not represent any form of advice or recommendation or solicitation on the part of October Italia. The User will be solely and exclusively responsible for evaluating the information and the choices made through it.
Because of the number of third-party sources from which information is obtained and the nature of data distribution by means of the Internet, October Italia cannot guarantee, pledge, or represent that:
You assume all responsibility for any damage to your computer or loss of data resulting from downloading information from the Site.
October Italia cannot, therefore, be held responsible for the financial and tax implications of loans made through the Site. Furthermore, it is emphasized that the User is the only one, in terms of right and responsibility, to decide his or her own loan choices made on the Site.
As of today, the assignment of loans on the October platform is not permitted. We apologize 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 formalization. If the lender decides to assign its loans to a third party, it is its responsibility to verify that it is doing so legally and to perform any contractual commitments it may have made, including redirecting payments. October will not be able to change the portfolio and loans will continue to be managed by October as if they were still owned by it.
A Loan Applicant must be a company headquartered in Italy, validly existing and therefore properly registered with the appropriate Registry of Companies that must have approved at least two financial statements as of the date of application.
In order to receive a loan through the Site, it is necessary to open a payment account (the "Applicant Account") with Lemonway SA in accordance with the terms and conditions set forth in the relevant general terms and conditions accessible through the Site at https://it.october.eu/cgu-lemonway/, which the Applicant agrees to review and expressly accept.
October Italia does not provide any advice, 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 promo code to let their acquaintances know about the platform. The promo code works like this: if a lender (the "Referrer") shares their promo code with an acquaintance (the "Referee"), both will receive a €20 bonus if the Referree 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 the platform has a cap of €200. Once the limit of bonuses that can be received is reached, Referrers will no longer receive any bonuses 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 businesses. To sign a partnership with October, you can contact us at [email protected].
It may be necessary to include content on the Site that the Applicant may download ("Downloadable Content"). By downloading or using Downloadable Content, you agree to use it in accordance with these TOU.
A non-exclusive and non-transferable right to use 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 the personal data is October Italia.
Access to the Site is completely free of charge.
For information on the cost of services offered on the Site, see the relevant section on page The application for funding.
Some data on the taxation of loans granted by individuals (lenders) are provided for information purposes at the section FAQ of the Site. The User declares that he/she is aware that this information is indicative only and does not constitute tax advice.
October Italy disclaims any responsibility for any financial and tax consequences of loans made or received on the Site, and urges you to consult your tax advisor to assess your situation.
Acceptance of these TOU electronically has the same legal force between the parties as a paper contract.
Documents computerized and stored in computer systems will be archived under reasonable conditions of security and considered as evidence of communications that have occurred between the parties.
Archiving of contract documents shall be done on durable and reliable media that can be submitted as evidence.
This section does not apply in case of intervention by Third Parties.
By signing these TOU, the User acknowledges and accepts that the signing of the loan agreements that he/she will conclude through the Site will take place by following the procedure set forth below, and acknowledges that such 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 responsibility for the use of such information.
The contents of the Site may have inaccuracies or misprints. October Italia shall not, under any circumstances and for any reason whatsoever, be held liable for any inaccuracies and errors nor for any damages caused by or resulting from the reliance created by users based on the information obtained from or through the Site. The User shall be solely and exclusively responsible for evaluating the information and content obtainable through the Site.
The Site and all information and content published therein 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 Site use at the user's own choice and risk, any liability for any damage to computer systems or loss of data resulting from downloading operations performed by the user, falls on the User himself and cannot be imputed to October Italia.
Furthermore, it should be remembered that inaccuracies or omissions may appear in the information available on this Site, particularly 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 Site contains links to third party sites and resources provided by third parties ("Other Sites"), October Italia specifies that links to such Other Sites are included merely for your information and convenience.
October Italia has no control over the Other Sites and, therefore, assumes no responsibility for such Other Sites or for the content or products of the Other Sites and assumes no liability for any loss or damage that may result from your use of them, including with respect to the processing of your personal data during your browsing operations.
If you decide to access any of the Other Sites to which a link is provided on the Site, you do so entirely at your own risk.
If you wish to create hyperlinks to the Site, you will need to send an authorization request to the following address: [email protected]
If the user is a holder of one or more current loans, the October account cannot be closed. Contrary to Article 20(1) of the Lemon Way TOU, the payment account cannot be closed at the request of the holder.
When the user of the Site is not, or no longer, a holder of one or more loan agreements as a lender or borrower, he or she may request the closure of his or her October account at any time. Closure of the October account will result in the eventual repayment of the amounts available in the account. By closing his or her October account, the user agrees to:
To request the closure of your October account, you must send an e-mail from your e-mail address to [email protected] indicating your wish to close your October account. Any funds remaining in your October account may only be transferred by wire transfer to the bank or postal account for which you provided the details at the time of registration. Within a maximum of 30 days, you will receive a confirmation e-mail 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 eventuality, October will also close the October account even if there are outstanding loans.
In such a case, October will proceed as follows:
Closure or blocking (inability to make loans or reloads 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 based on the following reasons:
This decision must be justified and notified to the Account Holder through any means. Reactivation of the October Account may occur at October's discretion.
October reserves the right to request additional documents and issue, after analyzing the information provided, a favorable opinion authorizing the customer to continue using the October Account. Should October find further abnormal behavior on the same Account, the Account will be automatically and permanently blocked.
All intellectual property rights (including copyrights, patents, trademarks, service marks, trademarks, designs, both registered and unregistered) in the Site, the informational 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 the property of 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 and express permission of October Italia.
You may, however, retrieve and display content from the Site on a computer screen, store such content in electronic form on a disk (but not on a server or 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 copyright and other intellectual property notices.
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 such works including any act to the detriment of the works, which is detrimental to their honor or reputation.
Accessing the Site does not grant the User any rights to its contents.
In exceptional cases, it is possible to expressly authorize the reproduction/presentation of all or part of the Site on certain media. Any request for authorization must be submitted in advance to the following address: [email protected] or to October Italia.
Any complaints should be directed to October's appropriate complaints service, as below: October Italy, Complaints Service, e-mail: [email protected].
The User acknowledges and agrees that use of the Site implies acceptance of the TOU 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 TOU: May 26, 2022