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October's Terms and Conditions

Disclaimer

This is an english translation of the dutch General Terms and Conditions and in no case constitutes the binding version which only the dutch version does.

General Terms of Use October Nederland B.V. (hereinafter "October Nederland") welcomes you to the websites 'nl.october.eu' and 'app.october.eu' (hereinafter, unless otherwise indicated, both individually and collectively referred to as "the Site"). October Nederland is a private company with limited liability, registered under KVK number 71622616 in Amsterdam. October Nederland has an exemption as referred to in article 4:3 of the Financial Supervision Act ("the Wft") from the AFM for acting as an intermediary in demandable money and as such for operating a crowdfunding platform in the Netherlands under number: 19000063.

The Site

The Site is registered in the name of October Nederland. October Nederland is a 100% shareholding of October S.A., a limited liability company (Société Anonyme), incorporated and existing under French law, with registered office at 94 rue de la Victoire, 75009 Paris, France, registered with the Regi
  • Telephone: + 31 85 808 1103
  • E-mail address: [email protected]
  • The publisher-director of the Site is Olivier Goy.
Hosting of The Site:October.eu is hosted by: the French simplified limited company OHV (hereinafter "OHV"). Address: 2 Rue Kellermann - 59100 Roubaix - France. OHV is registered in the Lille Métropole trade register under number 424 761 419 00045, code APE 6202A, the VAT number is FR 22 424 761 419. App.october.eu is hosted byOctober Nederland is subject to the crowdfunding regulations contained in the Wft and relevant decrees and regulations promulgated under the Wft. These General Terms and Conditions of Use ("GTC") are governed by Dutch law. Any disputes regarding the validity, interpretation, performance or breach of the GTC shall be submitted to the competent court in Amsterdam. The Site is regulated by applicable European and Dutch laws and regulations and by the provisions contained in these GTC. October refers to October SA and its subsidiaries. The October Account refers to the account opened on The Site and the linked Account as appointed in Article 8. 1.

Access to the Site

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.1 General Provisions

To access and use all the functionalities of The Site, you must be an adult or minor with parental consent, not a "US person" as defined by the US tax authorities
  • Pre-register (by entering your full name, first name, email address and choosing a password containing at least 8 characters, including 1 digit);
  • Agree with the T&C;
  • Agree to the terms and conditions of the payment service provider and/or electronic currency provider, or those of an intermediary mandated by the platform and displayed on the Site at https://nl.october.eu/algemene-voorwaarden-lemonway/ by checking the appropriate box; and
  • Confirm your email address by clicking on the link in the email sent to you following your pre-registration.
At the end of this step, you are automatically registered to receive a regular newsletter with the new projects available on the Site, as well as to be informed of the development of the current projects. If you wish to unsubscribe from this newsletter, you can do so simply by clicking on the appropriate link in the newsletter. After this step, you have the choice between continuing your registration or navigating on the Site to discover and/or fund projects. 1

.2.2 Pre-registration - Step 2: Security, two-factor authentication and electronic signature

In the second step, additional information is requested from you, such as your date of birth, place of residence and mobile phone number. The procedure for investing and submitting an electronic signature of the loan agreements on the Site is done via a secure session (SSL - https) with two-factor authentication. The two-factor authentication includes two steps
  • The first authentication step is to enter your email and password;
  • For the second step, you will receive a text message on your mobile phone, containing a signature code that must be entered on the Site. By entering the signature code, you are validating your pre-registration.
1.

2.3 Registration: Know Your Customer (KYC) procedure - Verification of your identity

October Nederland acts as an intermediary in crowdfunding and the Site is therefore subject to the applicable regulations for the prevention of money laundering and financing of terrorism and the relevant sanctions regulations. For this reason, you must upload three documents before being given access to all functionalities of the Site and in particular to invest in accordance with Article 2 of these GTC: Copy of one of the following three types of identity documents
  • A valid passport in color;
  • A valid national identity card (front and back) in colour; or
  • A valid residence permit (front and back) in color.
A copy of one of the following documents to further substantiate your identity
  • A valid driving licence (front and back) in colour;
  • Extract from the Basic Registration of Persons (BRP) of your municipality (not older than three months);
  • A valid European Health Insurance card from your Dutch health insurance company;
  • A copy of the income tax return form, if the details of your current home are visible on this form (not older than 1 year); or
  • Another document showing your name and date and place of birth.
A copy of a bank statement showing the logo of the bank, the full name of the account holder, the full IBAN number and the date of the statement, or a photograph of a bank card showing the logo of the bank, the full name of the account holder and the full IBAN number.If necessary, a copy of one of the following documents to substantiate your (tax) residence
  • Extract from the Basic Registration of Persons (BRP) of your municipality (not older than three months);
  • Correspondence/policy from your health insurer (not older than three months);
  • Proof of receipt of water bill (not older than three months);
  • Proof of receipt for an electricity bill (not older than three months);
  • Receipt for a gas bill (not older than three months);
  • Invoice for fixed or mobile telephone or internet at your address (not older than three months);
  • A copy of the income tax return form, if the details of your current home are visible on this form (not older than one year);
  • A recent WOZ assessment (can be submitted annually from 1 January to 31 March).
Under circumstances we may request further information to meet the requirements of the Common Reporting Standards (CRS) and/or the Money Laundering Prevention Act (Wwft). In the event of false or irregular information October Nederland may take measures to prevent fraud. 1

.2.4 Eligibility Test

At the end of the registration process you must answer a multiple-choice questionnaire (estimated completion time: 2 minutes) to confirm your investment capacity and suitability to invest on the Site. If you do not pass the eligibility test, this test may be repeated after you have read the tutorials made available on the Site. 1

.2.5 Maximum Investment

A maximum investment of € 2,000.00 per project applies to investors. The outstanding amount of an investor on the platform cannot exceed € 80,000.00. 1

.2.6 Deposit to your October account

Before you can invest on the Site in accordance with ar
  • The complete last three corporate tax returns; and
  • The instalments of your outstanding debts.
An analyst will contact you as soon as possible by email and telephone to go through your project and better understand your needs. If necessary, the analyst may ask you to provide additional documents to prepare his analysis, which he will then formally submit to the credit committee of October Nederland. The duration of this procedure varies and depends on the nature of the file and the speed of the exchanges. 1

.3.3 KYC (Know Your Customer) procedure

Verification of the identity of your company and the identity of the executives authorized to act on behalf of your companyOctober Nederland acts as an intermediary in crowdfunding and the Site is subject to applicable regulations regarding the fight against money laundering and the financing of terrorism. Therefore, in addition to the credit analysis, October will have to validate the identity of the final beneficiaries of the transaction and the managers of the company. In case of false or irregular information, the credit committee will have to verify the identity of the final beneficiaries
  • distribute harmful, defamatory, unauthorized, malicious content that invades privacy or image rights and that incites violence, racial or ethnic hatred;
  • use the Site for political purposes, propaganda, or proselytizing;
  • publish advertising or promotional content
  • distribute information or content contrary to good morals;
  • engage in illegal activities, including in particular violating the rights of the right holders to software, trademarks, photos, images, texts, videos, etc;
  • use a defamatory, malicious identifier that infringes privacy or image rights and incites violence, racial or ethnic hatred.
October Nederland is not liable for any direct or indirect damage resulting from the use of this Site. 2

.1 Services offered on the Site

October Nederland offers a credit platform to SME companies. October Nederland offers individuals the possibility to lend directly to companies in order to finance the real economy. You wish to lend on the SiteLenders who lend on the Site must be natural persons. The October account is an account that allows you to lend your money easily to companies. You can open an October account and lend from € 20 to many companies selected by our teams of analysts. On the Site, you have the possibility to lend money to companies that you have selected on the Site. After you have lent, you obtain the right to interest and repayment of the loans you have invested in. As described in 1.2.1, you have agreed to the general terms and conditions of the provider of the loan
  • You are a company based in the Netherlands and registered in the trade and companies register of the Chamber of Commerce and you have at least two financial years behind you.
  • You need a professional loan to finance a specific project quickly.
The October Nederland teams will analyse your file and give you access to a database of investors ready to finance your project. As such, for the purposes of analysing your file and in the context of the information disseminated on the Site, you commit to providing October Nederland with accurate, correct and complete information about your project and the situation of your company. You should take note of the General Terms and Conditions of our payment service provider and/or electronic currency provider or any intermediary mandated by the platform, listed on the Site at the address https://nl.october.eu/algemene-voorwaarden-lemonway/, which describe how payment and repayment operations can be carried out on your October account. We have warned you about the consequences of borrowing money. Borrowing money from the public carries a risk of over-indebtedness. Make sure you assess your financing needs and repayment capacity
  • Step 1 - Registration on the Site in accordance with the conditions of article 1 of these GTC;
  • Step 2 - Selection of the project and the loan amount;
  • Step 3 - During the signing process, a summary of the essential elements of the transaction will be sent to you. In addition, we will ask you to confirm your agreement to the T&C and to accept the loan contract by checking the acceptance box and clicking on "accept". By doing so, you declare yourself ready to sign the contract. The contract is accessible and downloadable on the Site in your personal space.
  • Step 4 -You will receive a verification signature code by SMS that you must enter in the appropriate field on the Site to complete the signature and give your full consent to enter into the transaction.
See here for an example of a loan agreement. 6.

2 Transfer and/or encumbrance of loans

Transfer of loans on the October platform is not possible. We are sorry that we cannot offer you this possibility. The transfer of loans between individuals is formally prohibited in some countries, can be legally complex to formalize and is subject to specific financial supervisory authorizations. Therefore, the transfer of loans and encumbrance of loans is not permitted under the October loan agreement, except for a number of special circumstances as described in the loan agreement.

7. Information on the site

7.1 General provisions

We strive to provide you with accurate and up-to-date information. However, since the transmission of data and information via the Internet has only relative technical reliability, we cannot guarantee the accuracy of all information on this site and are not responsible for the use of this information. October Nederla
  • You no longer have access to the information in your October account;
  • You no longer have access to the information and features available on the Site; and
  • You no longer have access to the services offered by October.eu.
To close your October account, you will need to send an email from the email address you use for your account to [email protected] indicating that you want to close your October account. The remaining money in the October account can only be transferred by wire transfer to the bank account whose details you provided to us during registration. Within a maximum of 30 days, you will receive a confirmation email from October confirming the closing of your October account. 8

.2 At the request of the banking partner

In accordance with Article 18(2) of Lemon Way's general terms and conditions, the User's Account may be terminated at the request of Lemon Way. In doing so, October will also close the User's October account. Even if the User is party to one or more loan agreement(s). In this case, October will proceed as follows
  • The User's loans are repurchased by October on the following terms
    • Against the outstanding principal for loans for which no current arrears are identified.
    • For all other situations, October will apply a discount of 40% to 100% to the remaining principal amount on a discretionary basis.
  • October will make an offer to you to repurchase the receivables and loans
    • If you accept the offer, a Receivables and Loan Transfer Agreement will be signed between October and the User. The amounts will be transferred to your October account. The User must withdraw the available balance from her/his October account. After this withdrawal is complete, October will close the account and send a confirmation email.
    • If you decline the offer, October will close your account after notification by email. Claims and loans will not be refunded to you.

8.3 At the request of October

The closure or blocking of an October account (blocking the ability to add funds to, or lend funds through, the October account, while maintaining the ability to withdraw funds from the October account) may be decided by October in case of
  • Aberrant use of the October account,
  • Reprehensible conduct by the Customer, in particular fraud,
  • Refusal to comply with the obligation to provide essential information,
  • Refusal to provide context,
  • Provision of forged or incorrect documents.
  • Inactive account (without transactions and balance) for more than 1 year.
October's decision will be based on the following reasons
  • The User does not comply with the provisions of these Terms and Conditions,
  • The User provides incorrect, outdated or incomplete identification data,
  • There is a risk of fraud, money laundering or terrorist financing or a risk that could affect the security of the October account,
  • In the event that the banking partner receives a large number of failed, unauthorized or cancelled transactions.
The decision to proceed with closing or blocking an October account will be communicated to the User, including the reason. The decision to reopen the October account or lift the blocking lies with October. October has the right to request additional documents and, after analyzing the information provided, to allow the User to use the October account. If abnormal use of the October account is again detected, the October account will be automatically and permanently blocked. 9.

Intellectual property

October.eu and all of its components (such as trademarks, images, texts, videos, etc.) are protected by intellectual property rights. The development of this Site has required significant investment and concerted work by our teams. For this reason, and unless expressly stated herein, we do not grant you any right other than the right to consult the Site for your strictly personal and private