SAVY Term of Use - 1 part

SAVY Term of Use - 1 part

Standartinė Aistė Savy » 08 Bal 2015, 14:22

THE FOLLOWING CONTRACT FOR USAGE OF THE WEBSITE http://WWW.SAVY.LT (“CONTRACT FOR USAGE”) is concluded between:
(3) “Bendras Finansavimas“ UAB, company code: 303259527, the office is registered at Vokiečių str. 20, Vilnius 01130, (“the Organizer”); and
(4) the Consumer who has concluded this Contract for Usage electronically, confirmed that he/she agrees with the terms thereof and uses the Website (“the Consumer”);
By visiting the Website http://www.savy.lt and / or using the information and / or the services contained therein, you acknowledge and confirm that you have thoroughly and attentively familiarized yourself with this Contract for Usage, understood it and agree to comply with it. You also confirm that this Contract corresponds to your true will, you have not concluded it under the influence of alcohol or other psychotropic substances and you had and could use the consultations of independent legal or financial advisors to evaluate this Contract. You cannot use the Website and the Organizer’s services if you do not agree with this Contract for Usage.
This Contract for Usage regulates the terms of using the Website, the legal relationship between the Consumers of the Website and the Organizer thereof as well as between the Consumers.
The intellectual property rights to this Website and the operating system are owned by the Manager. The Organizer administers the Website on the assignment of the Manager. The Consumer shall not have the right to save, copy, amend, relocate, transfer or disclose the content of the pages of the Website.
In this Website, the Organizer shall help the Consumers borrow from each other and to conclude transactions electronically. The Website shall act as a mediator between the persons who wish to borrow and between those who wish to lend. The return from the interest of loans published in the Organizer’s Website is historical data, may change irrespectively of the Organizer’s will and does not guarantee any income in the future.
The Organizer of the Website shall apply the Risk Model and select the Applications for the Auction on the basis of it. The Organizer shall not provide any guarantee to the Consumers that the Loans shall be repaid in line with their terms. The Organizer aims to assess credit risk reasonably and constantly improves the Risk Model applicable in order to select the Applications; however, it shall not provide any guarantee regarding the quality of the Risk Model, nor shall it assume any losses incurred by the Consumers if the Loan (consumer credit) is not repaid. The Consumers shall assume the credit risk on their own free will by investing in Loans (consumer credits). The losses incurred by the Consumers shall be compensated in the manners securing the liabilities that are applicable in case of loans (forfeit – a fine, a penalty for delay).
Information and data regarding the Consumer shall be presented in the Application and the Auction by the Consumers themselves; therefore, the Organizer of the Website shall not be liable for the correctness and authenticity of the Consumers and this information and shall not be liable before the Consumers for any losses or damage that was caused or could be caused due to any Consumers’ actions, decisions or transactions which were made using the information presented in this Website.
1. DEFINITIONS
1.1. Administration fee – a monthly administration fee stipulated in the Special Terms of the Loan or Consumer Credit Contract which the recipient of the Loan shall pay to the Organizer for administration of the Loan and the Website under this Contract and the Loan Contract until complete fulfillment of the liabilities under the Loan or Consumer Credit Contract;
1.2. General Terms – the general terms of the loan or the consumer credit including all supplements or amendments thereto;
1.3. Contract for Usage – this document stipulating the terms of the Website with which the person wishing to use the Website https://savy.lt/ and the services of the Organizer must agree. This Contract for Usage is intended to regulate the rules for using the Website and the legal relationship that is formed in the Website between the Organizer and the Consumers;
1.4. Risk Model – the credit risk assessment model developed and used by the Organizer, statistical data, data-processing algorithms and other measures (specialist’s assessment, telephone conversation, SMS text, e-mail) by which the Organizer aims to assess credit risk reasonably and on the basis of which the Organizer selects Applications and submits them for the Auction;
1.5. Consumer – a member of the Website – a natural person or a legal entity – who is either a Lender or a recipient of a Loan or a Consumer Credit who has agreed with this Contract for Usage, registered in the Website in line with the terms thereof and has been appropriately confirmed by the Organizer;
1.6. LCC – the Law on Consumer Credit of the Republic of Lithuania (Official Gazette “Žin.”, 2011, No. 1-1; 2011, No. 146-6830);
1.7. Auction – the manner of concluding a Loan Contract between the Consumers of the Website whereby the Loan Contract is concluded between the recipient of the Loan who has submitted an Application approved by the Organizer, after which a specific auction was organized, and the Lender(s) who has (have) submitted the quickest Proposal(s) in line with the terms of the Auction;
1.8. Recipient of the Loan – a natural person who is at least 18 years old and is a citizen of the countries of the European Economic Area and / or a legal entity registered in the register of legal entities of the countries of the European Economic Area who has duly signed and submitted an Application via the Website and whose Application has been approved by the Website; a natural person – a recipient of consumer credit under a consumer credit contract – is also considered a recipient of the loan;
1.9. Rates of the services – the fees applicable to the Consumers as defined in the Website, including but not limited to the fee for conclusion and administration of the Contract for Usage;
1.10. Lender – a natural person who has submitted a proposal for a loan or a consumer credit via the Website who is at least 18 years old and is a citizen of the countries of the European Economic Area, a permanent resident of the countries of the European Economic Area who is at least 18 years old or a natural person or a legal entity who has been appropriately registered in the Website; an issuer of a consumer credit is also considered a lender.
1.11. Fee for conclusion of the Contract – a fee for conclusion of the Contract stipulated in the special terms of the loan or consumer credit contract which shall be paid to the Organizer by the Consumer;
1.12. Special terms shall mean the Application (offer) submitted by the recipient of the Loan and approved by the Organizer and the Proposal (acceptance) of the Lender;
1.13. Amount of the Loan – amount of money of the loan or the consumer credit lent by the Lender(s) via the Website to the Recipient of the Loan which corresponds to the application completed by the Recipient of the Loan and which the Recipient of the Loan undertakes to repay to the Lender(s) and to pay Interest and other fees;
1.14. Application – a public proposal to conclude a loan or consumer credit contract submitted in the Website by the Consumer, prepared in line with the form completed by the Recipient of the Loan in the Website and supported by written documents and personal data of the Consumer which is confirmed electronically by the Recipient of the Loan and the Organizer;
1.15. The Right of laim – the Lender’s right of claim against the Recipient of the Loan under the Loan or Consumer Credit Contract the amount of which shall be specified in the Proposal (in the Special Part) including all related rights or the rights arising from it;
1.16. Proposal – a document submitted by the Consumer in the Website who intends to lend money to the person who has submitted an Application whereby the Consumer accepts and conforms the terms stipulated in the Application;
1.17. Loan or Loan Contract – an agreement concluded between the Recipient of the Loan and the Lender(s) via the Website on the grounds whereof: the Lender grants a loan or a consumer credit to the Recipient of the Loan or of the Consumer Credit under the terms of the agreement, whereas the Recipient of the Loan (Consumer Credit) undertakes to repay the loan (consumer credit) received and to pay all payments related to the reception thereof (Rates of the Services, Interest, etc.). The Consumers are aware of the fact that all amendments and appendices of the Contract concluded upon mutual agreement of the Consumers become an integral part of the Contract and are binding to the Contracting Parties. In this Contract for Usage, a consumer credit which is granted in order to meet the Consumer’s, his/her family’s or personal needs that are not related to the Consumer’s professional activities under the consumer credit contract is also considered a loan in this Contract for Usage. Both the loan and the consumer contract consist of Special Terms (Application and Proposal) and General Terms;
1.18. Interest – monthly interest rate which the Recipient of the Loan or Consumer Credit undertakes to pay to the Lender for the amount of the Loan or Consumer Credit stipulated in the Application before the Auction;
1.19. Organizer –“Bendras finansavimas” UAB, company code: 303259527, operating at the address Vokiečių str. 20, Vilnius, 01130, Lithuania;
1.20. Manager – “New Chartered Limited”, a company registered in the United Kingdom under registration number 08959133, registration address: 54 Poland str., London, United Kingdom W1F 7NJ;
1.21. Website – the system located at the address http://www.savy.lt supervised and administered by the Organizer with the help of which the Recipients of the Loan and the Lenders, having completed the Applications properly and received the confirmation of the Organizer, may borrow or lend money by participating in auctions in this way generating legal relationship of a Loan. The Organizer shall perform its activities as the administrator of the Website;
1.22. Consumer’s self-service system – the Consumer’s individual account protected by a unique password designed for the Consumer to perform various actions in the Website, i.e. submit Applications and Proposals, lend money, conclude Loan Contracts, view the history of the actions performed by the Consumer, receive notifications from the Organizer and manage one’s account in any other manner;
1.23. Consumer’s Paysera account – the Consumer’s unique account opened in the system administered by “EVP International” UAB, company code: 300060819, at the address: http://www.mokejimai.lt/www.paysera.lt; a specific person is identified at the moment of opening the account. This account shall be used by the Website to transfer Credit funds, credit or debit payments. “EVP International” UAB is a financial institution in charge for proper functioning of the account supervised by the Bank of Lithuania;
1.24. Consumer bank account – The Consumer account in a bank or other regulated institution.
1.25. Consumer’s number – a unique number of each registered Consumer of the Website assigned by the Organizer intended to identify the Consumer.
1.26. Rules – the Organizer’s rules for assessment of solvency and responsible lending including any amendments and supplements thereto;
1.27. Registration fee – one time charge which the Recipient must pay in accordance to confirm registration terms/conditions, this Contract for usage, general terms and the consent to manage personal data via electronic device. Registration fee size is stated in the website.
2. THE CONSUMER’S DUTIES AND OBLIGATIONS
2.1. The Consumer must:
2.1.1. not perform any illegal activities in the Website (including but not limited to money laundering, legalization of illegally acquired funds, etc.); communicate with the Organizer and other Consumers in line with generally accepted moral principles;
2.1.2. submit only true and correct information to the Organizer and other Consumers;
2.1.3. keep the login to the Website data confidential ant not to disclose it to any third parties in any manner. The Consumer shall be liable for any losses, loss or damage caused by the fact that the login to the Website data became known to any third party and legal relationship was created due to this reason. The Consumer confirms that all transactions concluded via the Consumer’s self-service system shall be the expression of the Consumer’s true will and shall be binding to the Consumer in any case (including but not limited to the cases when any third parties, who have possibly obtained the data, conclude the transactions on the Consumer’s behalf – lend and / or borrow money, when the Consumer transfers the login data to any third party at his/her free will, etc.);
2.1.4. constantly update relevant information concerning oneself (account number, name, surname, contact information);
2.1.5. change the login to the Website data in case a threat that any third parties possibly came to know this data arises.
2.2. The Organizer shall have the right to restrict the Consumer’s right to use the Website, including complete removal of the Consumer from the Website, and assume any other actions which the Organizer deems necessary, including but not limited to suspension or nonfulfillment of one’s as the Organizer’s rights and duties if such action or inaction of the Organizer is necessary in order to ensure unconditional functional operation of the Website and / or other Consumers’ rights and duties.
2.3. In all cases, the Organizer shall have the right to suspend the Consumer’s registration in the Website and / or to remove him/her from the Website if:
2.3.1. the Consumer fails to fulfill his/her duties and / or obligations, has submitted or submits incorrect, erroneous, false and / or incomplete information;
2.3.2. the Consumer’s behaviour in respect of other Consumers does not comply with the generally accepted moral principles;
2.3.3. the Loan granted to the Consumer would contradict the Rules for Responsible Lending or good morale.
2.4. In all cases when the Organizer is reasonably certain that the Consumer submits false information regarding himself/herself and / or illegally uses personal data that is not owned by him/her, the Organizer reserves the right to notify the law enforcement institutions in charge about such a situation.
3. USING THE WEBSITE AND INVESTING
3.1. The person who wishes to use the services of the Website must be registered. Registration is free of charge. A registered person becomes a Consumer of the Website and has the right to invest and borrow, submit Proposals and Applications freely.
3.2. For primary registration, the person must enter one’s e-mail to which the person shall receive a unique password immediately.
3.3. Having received unique login data from the Organizer, the person must change it immediately. The login name of the person shall be the e-mail specified by that person.
3.4. The registered consumers who have confirmed that they agree with this Contract for Usage only may use the services provided by the Website.
3.5. Every time when the Consumer wishes to perform any actions in the Website, he/she must login by entering his/her unique login name and password.
3.6. After the Consumer electronically confirms that he/she agrees with the Contract for Usage, the Contract shall be considered concluded. The Parties agree that the actions performed by the Consumer when registering in the Website and agreeing with this Contract for Usage, Special Terms (Proposal, Application) and General Terms of the Loan or Consumer Credit as well as the personal data specified when registering in the Website (confirmed by the Consumer clicking the “tick” or the “I agree” button, the Consumer’s number, breakdown of SMS text, breakdown of the Consumer’s Paysera account, the Consumer’s or the Website’s e-mails or voice recording of a telephone conversation, or an extract of the Website concerning the Consumer’s actions in the Consumer’s self-service system in the Website or the Recipient personal identification carried out by transferring the registration fee to the Organizer) shall be considered the Consumer’s signature having the legal force established in article 8(1) of the Law on Electronic Signature, whereas the Application and Proposal on the basis of which the Loan (consumer credit) Contract is concluded under which the amount of the Loan, granted by the Lenders, is transferred to the recipients of the Loan (consumer credit) shall be equal to a document drawn up in a written form and shall entail the same legal consequences as a document confirmed by the Consumer’s signature on each page.
3.7. After registration, the Organizer shall send all notifications addressed to the Consumer at the e-mail specified by the Consumer. The Consumer confirms that he/she agrees that a notification shall be considered duly delivered after 24 hours from sending it.
4. THE CONSUMER’S IDENTIFICATION
4.1. The Consumer who wishes to become a Recipient of the Loan and / or the Lender must be identified first of all.
4.2. In order to identify the Consumer properly, the Consumer must create the Consumer’s Paysera account or to associate the Consumer’s Paysera account which the Consumer already has with the Website. The Recipient shall identify his/her personality under section 4.6 rules.
4.3. The Consumer’s Paysera account is created by clicking a respective link in the Website by the Consumer. Later, the Consumer can choose to create a new consumer’s account or to confirm his/her identity via the Paysera account which the Consumer already has.
4.4. The Consumer must confirm that he/she grants the Organizer the authorization to manage the funds available in his/her Paysera account up to a certain limit for the purposes of transferring the funds to the Recipient of the Loan on behalf of the Lender and crediting monetary funds to the Lender and Organizer from the Recipient of the Loan.
4.5. Having confirmed his/her identity, the Consumer has the right to become a Recipient of the Loan and / or the Lender and / or to perform all other transactions in the Website.
4.6. The Recipient must follow these steps:
4.6.1. To familiarise with the Contract for Usage, General terms, Standard information about the Consumer credit, give permission to manage a person’s records;
4.6.2. To approve the data and documents in the registration form whilst paying the Registration fee;
4.6.3. The Recipient of the Loan has to pay the registration fee from his own personal account, which exists at one of the banks or establishments with an electronic money license, at which the person has properly confirmed his identity. The list of these banks and institutions is given on the Website;
4.6.4. The registration fee has to be paid by the Recipient of the loan from the same personal account, into which he/she wants to receive the money funds;
4.6.5. The registration fee has to settled by the Recipient of the loan via money transfer to the account stated by the Organiser. The registration fee has to be paid by the Recipient of the loan using the electronic banking system;
4.6.6. Whilst paying the registration fee, the Recipient of the loan has to indicate the unique array of symbols in the “Purpose of Payment” section of the payment document, which is provided by the Organizer through the Portal or through instructions, after the Recipient of the loan has provided his details and familiarised himself with the documents;
4.6.7. The Organizer and the Recipient of the loan agree and confirm that, the receiver of the loan, by paying the registration fee, confirms:
4.6.7.1.His/her identity;
4.6.7.2. His/her will to accept such General conditions, Contract of Usage, Permission to administrate personal information, with which he familiarised himself whilst completing the application form on the Organizer Portal;
4.6.7.3. His/her request, that the Organizer should transfer money funds into the same account from which the loan recipient payed the registration fee.
4.6.8. The Organizer is not responsible for Registration fee legibility, if at least one of the following conditions apply:
4.6.8.1. The Registration fee was not credit into the Organisers account due to the fault of the bank or a third person;
4.6.8.2. The Recipient of the loan did not complete, or improperly completed the transfer requirements as stated on the Portal;
4.7. The Organizer and the Recipient of the Loan confirm that the limitation of money fund transfers between the hours from 22 up to 7 do not imply that the Recipient of the loan cannot confirm his identity or confirm a Request.
5. AMOUNT OF THE LOAN, INTEREST, PERIOD, APPLICATION
5.1. The Loan Contract shall be concluded during the Auctions taking place in the Website, i.e. when the Consumer submits the Application (Offer) approved by the Organizer, the Lender submits the Proposal (Acceptance) during the Auction and, if the material terms (Special Terms) of the Application and the Proposal coincide and the Consumers agree with the General Terms, a Loan Contract is concluded. The material terms are the amount of the Loan, Interest and Period.
5.2. The Consumer wishing to submit an Application must specify the amount of the Loan, Interest and Period for which he/she wishes to borrow.
5.3. Requirements applicable to the amount of the Loan:
5.3.1. Loans shall be granted and received via the Website in the currency specified in the Application. The Organizer shall have the right to decide on the currency in which the Loan shall be granted;
5.3.2. The Organizer shall have the right to recommend the Consumer to reduce the amount of the Loan. If the Consumer does not reduce the amount of the Loan specified by him/her, the Organizer shall have the right not to approve of the Application and not to permit the Auction to take place.
5.4. Requirements applicable to Loans:
5.4.1. By initiating an Auction, the Consumer shall set the Interest of the Loan Contract;
5.4.2. The Organizer shall have the right to recommend the Consumer to reduce or to increase the Interest. If the Consumer does not reduce or increase the Interest specified by him/her, the Organizer shall have the right not to approve of the Application and not to permit the Auction to take place;
5.4.3. By submitting proposals for the Application in the Auction, the Lenders shall lend money at the Interest specified by the Recipient of the Loan;
5.4.4. If the Recipient of the Loan misses the period of payment of the Interest, the Organizer may calculate an increased Interest in line with the amounts specified in the Website or the Special Terms;
5.5. The Consumer shall have the right to specify a desirable period of the Loan which may not be shorter and / or longer that the minimum and the maximum periods of the Loan confirmed by the Organizer at the moment of completion of the Application.
5.6. A unique document presenting a preliminary schedule of repayment of the Loan generated in line with the amount of the Loan, the Interest and the Period specified by the Consumer, all fees which should be paid by the Consumer and other important information shall be generated for the Consumer.
5.7. The Consumer wishing to form an Application in line with this preliminary information must complete the form in the Website and specify the following:
5.7.1. the Consumer’s personal information (name, surname, address, contact information, etc.);
5.7.2. account number to which it wishes to receive the amount of the Loan;
5.7.3. the Consumer’s monthly income;
5.7.4. the Consumer’s monthly expenses;
5.7.5. consent regarding handling of his/her Consumer’s personal information;
5.7.6. consent with the General Terms of the loan or consumer credit.
5.8. When completing the form, the Consumer must enclose his/her bank statement for the last four months and his/her report of “Mano Creditinfo” from the website https://www.manocreditinfo.lt/. Submission of these documents in the stage of submission of the Application is not mandatory; however, the Organizer may inform the Recipient of the Loan that submission of the bank statement for the last four months is mandatory.
5.9. After the Consumer completes the form and confirms his/her identity, the Application shall be generated automatically by the Website; the Consumer must confirm this form electronically. The Application shall be considered a binding proposal for all Consumers and the Auction shall be considered started after the Recipient of the Loan signs it electronically and the Organizer approves it.
5.10. Having received an approved Application, the Organizer shall assess it and shall have the right to:
5.10.1. approve the Application and transfer it to the Auction section;
5.10.2. in the cases when the Recipient of the Loan has not submitted a bank statement and / or a report of “Mano Creditinfo”, and / or the information submitted is not accurate, and / or the Organizer wishes to obtain additional information from the Recipient of the Loan, the Organizer shall have the right to contact the Recipient of the Loan at the contacts and telephone number specified by the Recipient of the Loan in order to obtain the missing information. The information contained in bank statements shall not be disclosed to any other Consumers in any cases and shall be used to check the accuracy of the information submitted only;
5.10.3. in the cases when the Recipient of the Loan has submitted false or incomplete information together with the Application and / or in any other cases, the Organizer may, at its own discretion, refuse to approve the Application and not to transfer it to the Auction section;
5.10.4. in the cases when the Organizer decides on the basis of the information submitted by the Recipient of the Loan that the Amount of the Loan and / or the Interest, and / or the Period must be changed, a new Application shall be generated and the Consumer shall be notified about this situation individually. The Consumer shall have the right not to approve the new Application. In such a case, the Organizer shall have the right not to approve the initial Application and not to transfer it to the Auction section.
5.11. After the Application is approved by the Organizer, it shall be transferred to the Auction section for a period no longer than 60 days, unless the parties agree otherwise.
5.12. If the Lenders submit the Proposals compliant with the Application sooner than within 30 days, the Auction shall be considered as having taken place and been completed. In the case permitted by the Organizer, the Consumer shall be able to set the duration of the Auction by himself/herself.
5.13. If the Application is not fully completed within 60 days, the Auction shall be considered as not having taken place and shall not create any legal relationship for the Recipient of the Loan, the Lender and / or the Organizer.
5.14. The Organizer may not be considered guilty and / or having violated its duties if the Auction does not take place.
5.15. Having transferred an Application to the Auction and during it, the Organizer shall have the right to disclose the information concerning the Recipient of the Loan – residential location, profession (occupation), amount of expenses, type of expenses, amount of income, type of income, owned property, education, employment experience, data regarding the security of the Loan which is reasonably needed by the Lenders to assess the Application in line with the terms thereof and to submit their Proposals; however, the Organizer may not disclose the Recipient’s of the Loan name, surname, personal identification number, exact address, including the transfer of the right of claim under clause 14 of this Contract.
5.16. The Lenders shall have an additional opportunity to ask the Recipient of the Loan some questions which, together with the answers, shall be visible to all Consumers. During the Auction, the Recipient of the Loan may also disclose his/her personal identification number or company number as well as name, surname or title in the Website.
5.17. During the Auction, each Consumer shall have the opportunity to review the submitted Proposals in real time.
5.18. During the Auction, the Lenders may submit Proposals by setting the amount of the Loan proposed; however, they may not offer lower and / or higher Interest than set by the Recipient of the Loan. The main portion of the Loan offered by the Lender must not be lower than EUR 5, whereas an integer amount must be obtained when dividing the whole amount offered by 20. The main portion of the Loan offered by the Lender must not exceed the amount of the Loan set by the Recipient of the Loan in a specific Auction.
5.19. The Lender may not lend more than EUR 500 to one Recipient of the Consumer Loan.
5.20. The Lender may not lend more funds than available in the Lender’s account. When the Lender confirms a specific amount of money for the Recipient of the Loan during the Auction, the respective amount available in the Lender’s account shall be reserved for this specific Loan.
5.21. Having submitted a Proposal in the Auction, the Lender shall electronically confirm that he/she agrees with the terms of the Application, i.e. by clicking the “I agree” button, he/she shall submit an official consent to conclude a Loan Contract (Acceptance). The Proposal shall be valid until the end of the Auction.
5.22. Having signed the Proposal, the Lender may not submit a new Proposal from the reserved amount and / or transfer this amount to another account of his/hers, except when the Organizer cancels the reservation in case the Auction does not take place.
5.23. The Organizer shall cancel the reservation of the Lender’s funds in case the Auction does not take place. In such a case, the Consumer may freely dispose of the amount available in his/her account which was reserved before.
5.24. The Lender may not withdraw or amend his/her Proposal during the Auction.
5.25. When supervising the Auction, the Organizer shall have the right to restrict the Consumer’s Application and / or the Lender’s Proposal without a prior notice.
6. AUCTION, CONCLUSION OF THE LOAN CONTRACT
6.1. The Lender wishing to take part in the Auction must have created his/her Consumer’s Paysera account and authorized the Organizer to manage and perform technical actions related to monetary funds on behalf of the Consumer as well as to have monetary funds available in his/her account.
6.2. The Loan Contract shall be concluded by way of an Auction and shall be considered automatically concluded between the Recipient of the Loan and the Lender(s) who has (have) won the Auction from the moment of the end of the Auction. The Auction shall be successfully completed when the Proposals comply with the Application (coincide with the term of the Loan, the Interest and the amount of the Loan) or when the Recipient of the Loan agrees with a smaller amount of the Loan on the Organizer’s proposal.
6.3. The Organizer shall record and register all Proposals submitted in the Auction in the chronological order. This order shall be determined in respect of the time of the Website.
6.4. The Auction shall be organized based on the priority principle, i.e. the Lenders who were the first ones to submit the Proposals shall win the Auction.
6.5. The Lender may not cancel the Proposal after the moment it is signed.
6.6. The Auction shall be considered as not having taken place if no Proposals for the whole amount of the Application are submitted within 30 calendar days from the beginning of the Auction. In such a case, a Loan Contract shall not be concluded on the grounds of the Application.
6.7. After the Auction is over, the Website shall send the notifications about the results of the Auction to the Consumers and shall specify the Consumers who won the Auction as well as the Proposals on the ground of which the Loan Contracts were concluded.
6.8. After the Auction is over, the Organizer shall perform the following actions: (i) assign a unique identification number to the Loan Contract and send it at the e-mail address of the Recipient of the Loan registered in the Organizer’s data base; (ii) form a relevant schedule of the loan for the Recipient of the Loan; as well as (iii) debits the funds from the Lenders’ Paysera accounts to the Recipient’s of the Loan Paysera account and/or to the Organizer specified account not later than within 12 hours from the end of the Auction. After the debot Organizer should transfer the funds to the Recipient bank account, Paysera account and/or transfer funds to the beneficiaries in advance of Recipient (e.g. if the Consumer credit contract special purpose is refinancing)
6.9. The Lender confirms that the Organizer shall have the right to credit the amount specified in the Proposal from the Lender’s Paysera account to the Recipient’s of the Loan Paysera account as stipulated in the authorization of the Consumer’s Paysera account.
6.10. After the Auction is over, all Lenders who have won the Auction shall have the opportunity to familiarize themselves with the Application signed by the Recipient of the Loan.
6.11. After the Auction is over, the Consumers shall have the opportunity to find out their schedule of repayment of the Loan, payment status, existing balance and other information in real time. The Consumers may be identified by stating consumer’s names and / or codes, and / or actual names and surnames.
7. PAYMENTS UNDER THE LOAN CONTRACT
7.1. The Recipient of the Loan shall pay the amount of the Loan, the Interest and other fees in line with the approved schedule of the Loan Contract.
7.2. The Interest shall be calculated from the amount of the Loan from the day (inclusive) when the Loan was credited to the Recipient’s or other beneficiaries in advance of Recipient.
7.3. The amount payable by the Recipient of the Loan shall consist of: the amount of the Loan Payable to the Lenders, the Interest, the penalty for delay and the fee for conclusion of the Contract and Administration fee payable to the Organizer, the fee for inspection of the person in “Creditinfo Lietuva” UAB, any fines in case of a delay of repayment of the Loan, a debt administration fee and other payments which are published in the Website.
7.4. The Recipient of the Loan shall pay the fee for conclusion of the Contract and the fee for inspection of the person in “Creditinfo Lietuva” UAB on the same day when the Organizer credits the amount of the Loan to the Recipient’s of the Loan account or as otherwise agreed.
7.5. The Recipient of the Loan shall repay the amount of the Loan and pay the Interest following the schedule of repayment of the Loan established in the Special Terms in line with the instructions presented in the payment order by the Organizer. If the information contained in the payment order is different from the schedule of the Loan Contract uploaded to the Consumer’s unique account, the Consumer must execute the payments following the schedule of repayment of the Loan. The Recipient of the Loan shall pay the Interest, the Administration fee and other payments at the same time.
7.6. The Recipient of the Loan shall execute the current payment to his/her Consumer’s Paysera account and/or other Organizer specified account from which the Organizer shall distribute the funds to the Lenders and the Organizer in line with the authorization of the Recipient of the Loan granted for that purpose. Granting the Recipient’s of the Loan authorization to the Organizer via the Paysera system is a material term of this Contract for Usage and of the Loan Contract without which the Organizer would not have concluded this and / or the Loan Contract and which is needed for the Organizer to ensure that the Consumer shall properly perform the obligations undertaken by him/her. If the Consumer cancels the authorization, the Organizer shall not have the possibility to deduct the Recipient’s of the Loan payments automatically and the Organizer shall consider that a material violation of the Loan Contract and of this Contract for Usage. In such a case, the Organizer may terminate the Loan Contract at any time (including but not limited to the case when there is no delayed payment) or request the Recipient of the Loan to pay a Fine corresponding to the amount of the Loan which shall be considered minimum losses of the Organizer and the Lenders as well as to compensate the Organizer and the Lenders all direct and indirect losses if they are not covered by the fine.
7.7. The Recipient of the Loan must transfer the funds in such a manner that the money is credited to the account not later than on the day of deduction of payments (i.e. on the day of payment of the Loan and other payments).
7.8. In case the Website which automatically deducts funds from the Recipient’s of the Loan account does not find all or some of the funds designed for the payments in the Recipient’s of the Loan account, this shall mean that the Recipient of the Loan has missed the payment period and, in such a case, the Recipient of the Loan must pay a penalty for delay, a fine and / or other payments as stipulated in this Contract for Usage, in the pricing section of the Website or in the Special Terms of the Loan Contract.
7.9. The income from the Interest earned by the Lenders by lending funds via the Website shall be taxable and declared in line with the legislation of the residential location of the Lender. The Organizer is not and may not be liable for proper execution of the liabilities related to taxation of income.
7.10. The Recipient of the Loan shall have the right to pay the remaining Loan, the Administration fee and other applicable fees and the Interest at any time without any restrictions whatsoever having notified the Organizer about that in writing and received an approved amount payable in advance.
7.11. The amounts deducted from the Recipient’s of the Loan account shall be distributed in the following order: first of all, monthly administration fee; secondly, the Interest and the amount of repayment of the Loan.
7.12. If a third party attempts to pay for the Recipient of the Loan, the Organizer shall not be able to identify the Recipient of the Loan properly, the Recipient of the Loan shall be considered as having fulfilled his/her duty to fulfill his/her obligations improperly and shall have to pay interest and other fees for missing the period of fulfillment of his/her monetary liabilities for a respective period of time.
7.13. The Recipient of the Loan shall have the right to submit a bill of exchange to the Organizer in order to secure proper fulfillment of the obligations.
7.14. The Recipient of the Loan may not transfer his/her obligations to any third party without the consent of the Organizer.
7.15. The Organizer shall have the right to terminate this Contract unilaterally and immediately and request to pay the whole amount of the Loan, the interest, the Administration fee and other delayed payments (fines, penalties for delay) on the grounds stipulated in the Civil Code of the Republic of Lithuania and in article 19 of the Law on Consumer Credit as well as if the Recipient of the Loan declares that he/she shall not fulfill the obligations or if the Recipient of the Loan maliciously avoids payment as well as in the cases when there are any signs of deception or fraud in the Recipient’s of the Loan behaviour and the Organizer may state that the Recipient of the Loan has severely violated the Loan Contract (a material violation of the Contract), and the Organizer shall have the right to terminate the Loan Contract and take over the Rights of claim. The Organizer shall send a notification to the Recipient of the Loan regarding (i) the delayed payment and (ii) termination of the Contract by e-mail or registered mail at the Recipient’s of the Loan e-mail or the address of the residential location specified in the Special Terms of the Contract not later than 14 days before the planned day of termination of the Contract. The notification shall be considered duly delivered after five days from sending it. In case of death of the Recipient of the Loan, the claim chall automatically be transferend to Organizer from the day, when Organizer reived information about death.
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Aistė Savy
 
Pranešimai: 279
Užsiregistravo: 08 Lie 2014, 16:17

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