General Terms and Conditions of Use October NederlandOctober Nederland B.V. (hereinafter "October Netherlands") 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 Netherlands is a private company with limited liability, registered under the KVK number 71622616 in Amsterdam. October Netherlands has an exemption as referred to in article 4:3 of the Financial Supervision Act ("the Wft") of the AFM for acting as an intermediary in withdrawable funds and as such for operating a crowdfunding platform in the Netherlands under number: 19000063.
Site is registered in the name of October Netherlands. October Netherlands is a 100% participation of October S.A., a company with limited liability (Société Anonyme), incorporated under 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.
Hostingof the Site:
October.eu is hosted by: the French simplified joint-stock 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 by
1 General provisionsTo
access and use all functionalities of the Site, you must be an adult or minor with parental consent, not a "US person" within the meaning of the US tax authorities
- Pre-register yourself (by filling in your full name, first name, e-mail address and choosing a password containing at least 8 characters, including 1 digit);
- Agree to the T&C;
- Accept the general terms and conditions of the Payment Service Provider and/or electronic currency, or the terms and conditions of an intermediary mandated by the platform and displayed on the Site at https://nl.october.eu/algemene-voorwaarden-lemonway/. You do this by ticking the appropriate box; and
- Confirm your e-mail address by clicking on the link of the e-mail sent to you after 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 about the development of ongoing projects. If you wish to unsubscribe from this newsletter, you can simply unsubscribe by clicking on the appropriate link in the newsletter.After this step, you have the choice between continuing your registration or navigating the Site to discover and/or fund projects.1.2.2 Pre-registration
- Step 2: Security, two-factor authentication and electronic signatureThe
second step requires additional information 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 loan agreements on the Site is done via a secure session (SSL - https) with two-factor authentication. The two-factor authentication involves two steps
- The first authentication step is to fill in your email and password;
- For the second step, you will receive a text message on your mobile phone containing a signature code to be entered on the Site. By entering the signature code, you validate your pre-registration.
2.3 Registration: KYC procedure (Know Your Customer) - Verification of your identityOctober
Netherlands acts as an intermediary in crowdfunding and the Site is therefore subject to the applicable regulations for the prevention of money laundering and terrorist financing and the relevant sanctions regulations. For this reason, you must upload three documents before gaining 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 copy of one of the following documents to further substantiate your identity
- A valid passport in color;
- A valid national identity card (front and back) in colour; or
- A valid residence permit (front and back) in colour.
- A valid driving licence (front and back) in colour;
- An 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, if this shows the details of your current home (not older than 1 year); or
- Another document containing
A copy of a bank statement.
A copy of a bank statement with good visibility of the bank's logo, the full name of the account holder, the full IBAN number and the date of the statement or a photo of a bank card with good visibility of the bank's logo, the full name of the account holder and the full IBAN number.Possibly 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);
- Water bill receipt (not older than three months);
- Receipt for electricity bill (not older than three months);
- Gas bill receipt (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, if this shows the details of your current home (not older than 1 year);
- A recent WOZ decision (can be submitted annually from 1 January to 31 March).
Under circumstances, we may request further information to comply with 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 Netherlands may take measures to prevent fraud.1.
2.4 Suitability test At
the end of the registration procedure, you must answer a multiple choice questionnaire (estimated completion time: 2 minutes) to confirm your investment capacity and suitability for investment on the Site. If you fail the suitability test, this test may be repeated after you have read the 'tutorials' made available on the Site.1
.2.5 Deposit into your October accountBefore
you can invest on the Site in accordance with article 2 of these GTC, you must deposit funds into your October account by using iDeal, a credit card (up to € 1,000.00 per transaction with a limit of € 2,000.00 for 30 consecutive days) e
- The complete last three corporate income tax returns; and
- The instalments of your outstanding debts.
An analyst will contact you as soon as possible by e-mail and telephone to review your project and better understand your needs. If necessary, the analyst may ask you for additional documents to prepare his analysis, which he will then formally submit to the credit committee of October Netherlands. 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) procedureVerification of the identity of your company and the identity of the directors authorised to act on behalf of your companyOctober
Netherlands acts as an intermediary in crowdfunding and the Site is subject to the applicable anti-money laundering and anti-terrorist financing regulations. 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 for
- distribute harmful, defamatory, unlawful, malicious content that invades privacy or image rights and incites violence, racial or ethnic hatred;
- use the Site for political purposes, propaganda or conversion activities;
- publish advertising or promotional content;
- disseminate information or content that is contrary to morality;
- engage in illegal activities, including in particular the infringement of the rights of rightholders to software, trademarks, photographs, images, texts, videos, etc;
- use a defamatory, malicious identifier which infringes privacy or image rights and incites violence, racial or ethnic hatred.
October Netherlands is not liable for any direct or indirect damages resulting from the use of this Site.2
.1 Services offered on the SiteOctober
Netherlands offers a credit platform to SMEs. October Netherlands offers individuals the opportunity to extend loans directly to companies 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 you can easily lend your money to companies. you can open and lend an October account from €20 to many companies selected by our teams of analysts. on the Site, you have the opportunity to lend money to companies that you have selected on the Site. after you have lent, you will be entitled to interest and redemption of the loans in which you have invested.as described under 1.2.1, you have agreed to the terms and conditions of the provider of b
- You are a company established in the Netherlands and registered in the trade and company register of the Chamber of Commerce and you have had at least two financial years.
- You need a professional loan to quickly finance a specific project.
The October Netherlands teams will analyze your file and give you access to a database of investors ready to fund your project. As such, you commit to providing October Netherlands, for the purpose of analyzing your file and as part of the information disseminated on the Site, with accurate, accurate and complete information about your project and the situation of your business. You should read the Terms and Conditions of our payment service provider and/or electronic currency or a platform mandated intermediary listed on the Site at https://nl.october.eu/algemene-voorwaarden-lemonway/
who will describe how payment and repayment transactions can be carried out on your October account. We have warned you about the consequences of borrowing money from the public. Borrowing money from the public carries a risk of over-indebtedness. Make sure you take care of your financing needs and repayment capacity
See here for an example of a loan agreement.
- Step 1 - Registration on the Site in accordance with the conditions of article 1 of this GCW;
- 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 with the GCAW and accept the loan agreement by ticking the acceptance box and clicking on "accept". By doing so, you declare your willingness to sign the contract. The contract is accessible and downloadable on the Site in your personal space.
- Step 4 - For verification purposes, you will receive by text message a signature code which you must enter on the Site in the appropriate field to complete the signature and give your full consent to enter into the transaction.
2 Transfer and/or encumbrance of receivables
Transfer of loans on the October platform is not possible. We regret that we cannot offer you this possibility. The transfer of loans between private individuals is formally forbidden in some countries, may be legally complex in its formalisation and is subject to specific financial supervisory permits. The October loan agreement therefore does not allow the transfer of loans and encumbrance of loans, except in a number of special circumstances as described in the loan agreement.
7. Information on the site7
1 General provisionsWe
aim to provide you with accurate and up-to-date information. However, as the transfer of data and information via the internet has only relative technical reliability, we cannot guarantee the accuracy of all information on this site and we are not responsible for the use of this information. October Nederla
- You no longer have access to the data in your October account;
- You no longer have access to the information and capabilities available on the Site; and
- You no longer have access to the services offered by October.eu.
In order to close your October account, you must send an e-mail from the e-mail address you use for your account to [email protected]
to indicate that you wish to close your October account. The remaining funds on the October account can only be transferred via a bank transfer to the bank account whose details you provided to us 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.8
.2 At the request of the banking partner In
accordance with article 18 paragraph 2 of the general terms and conditions of Lemon Way, the User's Account may be terminated. October will also close the User's October account, even if the User is a party to one or more loan agreement(s).In this case, October will proceed as follows
- The User's loans are repurchased by October at the following conditions
- Against the outstanding capital for loans for which no current arrears are established.
- For all other situations, October will apply, on a discretionary basis, a discount of 40% to 100% on the remaining principal amount.
- October will make you a proposal to repurchase the receivables and loans
- If you accept the offer, an agreement to transfer the receivables and loans will be signed between October and the User. The amounts will be transferred to your October account. The User will need to withdraw the available balance from his/her October account. After this withdrawal has been completed, October will close the account and send a confirmation by email.
- If you refuse the offer, October will close your account after notification by email. The receivables and loans will not be refunded to you.
8.3 At October's request
The closing or blocking of an October account (blocking the ability to add funds to, or lend money through, the October account, while retaining the ability to withdraw funds from the October account) may be decided by October in case of
- Different use of the October account,
- Reasonable conduct of 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.
The decision of October is made on the basis of the following reasons
- The User does not comply with the provisions of these General Terms and Conditions,
- The User provides incorrect, outdated or incomplete identification information,
- 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, unauthorised or cancelled transactions.
The decision to close or block an October account will be communicated to the User, stating the reason. The decision to reopen the October account or to unblock the October account lies with October.October has the right to request additional documents and, after analysis of the information provided, to allow the User to use the October account. In case of a new abnormal use of the October account, the October account will be automatically and permanently blocked.9.
.eu and all its parts (such as trademarks, images, texts, videos, etc.) are protected by intellectual property rights. The development of this Site has required significant investments and joint work from our teams. For this reason, and unless expressly stated herein, we do not grant you any rights other than the right to consult the Site for your strictly personal and private use