2.2. Any expenses or fees related to the use of the Website shall be paid by the User according to the Website’s price list, and the Website Manager shall hold the right to automatically debit without a need for additional authorization from the User’s side, the expenses and fees from the User’s Investment Account (as defined in Clause 4.1.), for the transaction made in relation to which the Website Manager has the right to request reimbursement of expenses or payment of certain fee.
3.1. To start using the Website a person is required to register a user account using his real name and surname (hereinafter the “User Account”). Only physical and legal persons who have passed the Website Manager’s background check to the extent that the Website Manager deems sufficient can successfully register a User Account to their name. A person, applying for registration of a User Account is obliged to submit to the Website Manager any kind of information Website Manager considers necessary for this purpose. The Website Manager has unilateral and undisputable right to refuse to open a User Account.
3.2. Upon registering a User Account, a person inserts his contact information and other data required by the Website Manager into the respective virtual environment and selects unique username and password.
3.3. The Website Manager shall have the right to limit the rights of certain groups of Users in terms of specific usage rights, including restricting access and/or usage rights with respect to certain sections of the Website.
3.4. In order to access the Website, a User is required to enter his unique username and password. In order to access the Website, the Website Manager may at any moment request the User to identify himself via passport, ID card, Mobile-ID, online-bank device, or any other identification method acceptable to the Website Manager. In order to submit declarations of intent and provide approvals that bear legal consequences, the Website Manager may request the confirmation of User’s signature via passport, ID card, Mobile-ID, online-bank device, mobile communication or any other suitable authentication method.
3.5. It is prohibited to register multiple investor accounts of the same type (private/corporate) for the same person (legal entity).
4.1. After successfully registering a User Account, a User automatically receives an Investment Account with a unique code. The Investment Account is opened in Euro. This account is registered to the name of the User.
4.2. The person to whose name the Investment Account has been registered will be responsible for the rights and obligations, related to the Investment Account, including being a party to the transactions, made via these Investment Account. Terms and conditions of a specific transaction shall apply to transactions, made via the Website.
4.3. The Investment Account shall reflect, in the defined currency, the amount of funds, transferred by the User to the Website Manager for the purpose of performing transactions via the Website.
4.4. The User has a right to make investments and declarations of intent via the Website, including making offers to execute transactions via the Website and conclude transaction only in case the Investment Account possesses a non-booked positive balance in the amount, necessary for the transaction at the time of making the offer and concluding the transaction.
4.5. The User can transfer the funds to the Website Manager from a bank account registered to the name of the User in a licensed financial institution. The Website Manager may accept funds from financial institutions providing customers with shared IBANs only if an investor provides sufficient evidence, that the account, from where the funds were transferred, is opened in the name of the investor. The User is required to indicate the individual Investment Account number provided by the Website for the User in the payment order. The minimum amount to fund the account – 100 EUR.
4.6. In case the bank account from which a transfer to the Website Manager was made does not belong to the respective User or does not comply with any other conditions set forth in Clause 4.5, the Website Manager shall have a right to transfer the sum back to the person, who made the transfer and request from the User reimbursement of expenses, related to returning of the payment by automatically deducting them from the Investment Account.
In order to verify the account the user shall provide Envestio with the below documents and information:
4.8.1. The following information shall be presented by the individual Investor:
Envestio identifies a natural person based on the following documents:
The investors should make sure that the scans/photos correspond to the following requirements:
4.8.2. The following information shall be presented by a legal person:
Envestio identifies a legal person based on the following documents:
A legal entity of a foreign country must, at the request of the obliged entity, submit the documents, which have been authenticated by a notary or in accordance with an equal procedure and legalized or certified by a certificate replacing legalisation (apostille).
The Investors shall provide the information on origin of the funds invested using the Platform and keep this information up to date.
If Envestio cannot verify the identity of an Investor with reasonable certainty or to receive the reliable information on origin of the funds it will not establish a business relationship or proceed with investing. If a potential or existing Investor either refuses to provide the information described above when requested, or appears to have intentionally provided misleading information, Envestio shall refuse to commence a business relationship and return the funds to the investor.
4.9. The Website Manager can make payments to the User only to the bank account, provided to the Website Manager by the User. The User has rights to request from the Website Manager to transfer the payments only to the bank account, registered to the name of User in a licensed financial institution, which is registered or operating in a Member state, which is a Contracting Party to the EEA Agreement or in state, where equivalent money laundering and terrorist financing prevention measures are applied. The Website Manager shall have the rights to refuse making payment to a bank account, which does not belong to the User or does not meet any other requirements set forth in this Clause. The Website Manager shall have a right to request corresponding documents, which confirm compliance of the bank account with the conditions referred to herein.
4.10. In case a User wants to change the User’s bank account number, previously provided to the Website Manager, the User must inform the Website Manager about the new bank account number using the respective application of the Website, thus confirming that the bank account has been opened in the name of the User and complies with other terms and conditions set forth in Clause 4.11.
4.11. The User shall cover the related expenses for the transfers, made by the User to the Website Manager. Expenses, related to the payments, made by the Website Manager to the User and other expenses, related to the payments, made for the purposes of execution of transactions and activities by the User shall be reimbursed to the Website Manager by the User as per the price list, confirmed by the Website Manager. The Website Manager shall have unilateral right to amend the aforementioned price list merely by publishing the new price list in the Website at least 5 (five) days prior to its entry into force.
4.12. The Website Manager is obliged to keep the funds, transferred to him by the Users in the bank account, which the Website Manager has opened on its name solely for this purpose in a licensed financial institution, which is registered or operating in a state, which is a Contracting Party to the EEA Agreement. The funds on the Website Manager’s respective bank account are not included into the Website Manager’s assets. The Website Manager shall keep the funds of the Users separately from the own funds. The funds, transferred by the User to the bank account of the Website Manager, shall belong to the User in the amount of the positive balance of the Investment Accounts. The Website Manager shall not calculate any interest on the funds of the User, which are kept with the Website Manager, and no such interest shall be payable to the User.
5.4. Users shall be obliged to ensure a sufficient non-booked credit balance on their Investment Accounts in order to settle liabilities, arising from any transactions made by them in a due and timely manner. The User shall be liable for the violation of the aforementioned obligations, according to the terms and conditions of the transaction underlying this obligation.
5.6. Should the Investment Account lack sufficient funds for fulfilling several obligations, which became collectible at the same time, the payments to cover such obligations shall be made in proportional amounts.
6.1. When a User wishes to borrow an amount of funds from other Users in order to acquire an investment project, participate in financing of an investment project, or for any other similar purpose, they can use the respective application of the Website for borrowing the funds, and shall submit full data required by the application, including the data regarding the User, maximum amount of borrowing, minimum amount of borrowing, interest rate, loan period, and data regarding the investment project. Upon submitting an offer for borrowing funds, the User shall approve the conditions of the loan agreements to be concluded with the Users, who wish the lend funds.
6.2. The information, prepared by the User for borrowing funds is presented to other Users in the Website in the full extent, along with the data on the borrower and any other additional info the Website Manager considers necessary to present, and which has been verified by the Website Manager at his own discretion. Publication of this information shall constitute a binding offer for borrowing funds.
6.3. A User, who wishes to lend funds, selects corresponding Investment Account through which the loan agreement is concluded. A User can lend funds only from User’s Investment Account’s non-booked funds, which are shown as a positive balance on their Investment Account. A User cannot lend funds if the amount of loan to be issued and the sum payable to the Website Manager upon executing the transaction exceed the non-booked positive balance on their Investment Account.
6.4. In order to lend funds, a User shall submit, through the respective application of the Website, a declaration of intent to lend funds, in which the User specifies the amount of funds offered by them and approves the conditions for the loan, hereby lending funds according to the offer, submitted by the borrowing User and standard terms and conditions of loan agreement, which is established by the Website Manager. The terms and conditions of the loan, which are not specified in the acceptance to lend funds, or the offer submitted by the borrowing User, shall be governed by the standard terms and conditions of a loan agreement, established by the Website Manager. The acceptance to lend to the User who is Borrowing shall be binding to the lending User. The lending User cannot unilaterally step away from the confirmed acceptance, unless differently provided by imperative legal provisions or the loan agreement.
6.5. By confirming the acceptance to lend, the User authorizes the Website Manager to book the positive balance on the lending User’s Investment Account in the extent of the loan amount, indicated in the acceptance, and the sum payable to the Website Manager upon the execution of the transaction, which means that the respective sum cannot be used for making other transactions or no requests can be made to have it transferred to the User’s bank account. The Website Manager automatically releases the booked sum in case the borrowing User withdraws from the loan agreement.
6.6. A loan agreement is concluded between the lending User and the borrowing User after the confirmation of the acceptance to lend. Such agreement shall be considered as concluded from the moment of acceptance of the offer by the lending User. The loan agreement shall become effective with the confirmation of the acceptance to lend.
6.7. Users, who constitute parties to concluded loan agreement can review the loan agreement in the Website after the agreement has become effective. The following data is presented to both parties in the loan agreement: name, personal ID-code or registry code as well as contact information.
6.8. In case loan agreements in at least the minimum total loan amount have been concluded with the borrowing User, the amounts booked on User’s Investment Account after the submission of acceptance shall be settled by the Website Manager as follows. The Website Manager automatically debits the lending User’s Investment Account by the respective loan amount and credits the borrowing User’s Investment Account by the loan amount. The Website Manager automatically debits both parties’ Investment Accounts in the amount of the sum, payable to the Website Manager as a commission for the execution of this transaction.
6.9. The borrowing User has the unilateral right to withdraw from the loan agreement. In case of such decision, the Website Manager shall automatically refund the lending User the funds, debited from or booked on his Investment Account.
7.1.1. Not to use the Website for illegal transactions or activities, including fraud, money laundering or other similar activities, and to be polite and respectful towards other Users and the Website Manager;
7.1.2. To use the Website through web browsers intended for general purposes and not through the programs that send automatic queries to the Website for whichever purposes. It is forbidden to use, including but not limited to, robots, spiders, scrapers and other automatic data entry and processing devices. The User is forbidden to perform any activities that disturb or hinder Website’s intended usage by the Website Manager or other Users, including refraining from overloading the Website’s computer network and servers;
7.1.3. To submit only truthful data and information upon registering the User Account. If the User discloses unverified or uncertain data or information during the usage of Website, the User shall be obliged to indicate it upon disclosing such data or information. The User shall be liable for the damages caused by the violation of the obligation set forth in this Clause with respect to the Website Manager and other Users, first and foremost in case where the Website Manager or another User has submitted a declaration of intent or executed a transaction presuming correctness of such false data. The Website Manager does not verify the correctness of the information submitted by the Users and shall not take any responsibility for the correctness and truthfulness of the data submitted by the Users;
7.1.5. To inform the Website Manager immediately about transferring or losing the data and devices enabling logging in to the User’s User Account to third parties and the usage of the Website by the third parties, and about the risk of unauthorized use of the User Account that may occur respectively;
7.1.6. To inform the Website Manager as soon as possible of any changes in the data submitted upon opening the User Account. Until the Website Manager is informed of the changes in the data, the Website Manager shall consider the data submitted by the User upon opening of the User Account as the valid data of the User.
7.2. Up until 1 (one) working day has passed from the receipt of the notice set forth in Clause 7.1.5 by the Website Manager, the declarations of intent and transactions made through the User Account shall be considered as the declarations of intent and transactions of the User of the respective User Account and they shall be binding for the User even if the User has not executed such transactions. The respective User shall be liable for the damages caused by the unauthorised use of the User, except in specific cases when the User’s liability is limited by the respective imperative provisions of applicable law.
7.3.1. Enter the Website by using logging in functionality, which is secured by the necessary measures determined at the Website Manager’s discretion;
7.3.2. Use the functionalities of the Website if the User complies with the requirements established for using the specific functionality;
7.3.3. Review the User data saved by the Website Manager, amend such data and request the Website Manager to cease processing it in accordance with the provisions of Clause 8.3;
7.3.4. With prior consent of the Website Manager, authorize User’s representative to use User’s User Account and register him/her as the authorized User of the User Account;
7.3.5. Provide feedback regarding the services offered by the Website and respond to the surveys, including the service quality assessments, carried out by the Website Manager.
8.2. By registering a User Account and/or disclosing data, the User shall ensure that any and all data submitted by them to the Website Manager is truthful and up to date, and confirm that they are aware of and consent to the fact that any and all legally collected data regarding the User, which are in the possession of the Website Manager, regardless of their origin, shall be processed by the Website Manager for the purposes, related to the possibilities of use of the Website and to the extent necessary for it, as well as according to the rules and procedure established in legal acts.
8.3. The User is aware of and hereby gives a consent in his/her name for validating the correctness of the data submitted to the Website Manager and for obtaining additional data from third parties. For the abovementioned purposes, the Website Manager has the right to forward the User’s data to third parties.
8.5. A User has the right to withdraw his consent for processing personal data at any time, request to cease of processing of personal data, terminate the access to them and deletion or closing the collected personal data provided that the User has no on-going process of concluding an agreement via the Website and no valid agreement concluded via the Website, and provided that the legal acts do not oblige the Website Manager to save data. Upon withdrawing the consent to process personal data, the User’s User Account shall be closed.
8.6. The Website Manager shall have the right to use the e-mail address and mobile phone number of a User for the purposes of forwarding to the User information, advertising and offers from the Website Manager or its cooperation partners. The User shall have the right to choose, which notifications and offers they wish to receive through the Website and refuse to receive offers from the Website Manager and his cooperation partners, without their respective query through the Website. Information on how to refuse the offers and advertising sent to the Users by the Website Manager is available at the offer or advertising and/or settings of the User Account.
8.7. The Website Manager shall have the right to disclose (personal) data of a User to other Users of the Website, persons belonging to the same group as the Website Manager and persons who provide the Website Manager with legal assistance, accounting, auditing or any other services, which presume processing of Users’ personal data, provided that the respective service provider has undertaken the obligation towards the Website Manager not to disclose the respective personal data to third parties.
8.8. The Website Manager shall have the right to process the data submitted by the User and data generated during the User’s use of the Website at any time for statistical purposes and disclose the resulting statistical data, ensuring that it would be impossible to connect the data directly to any specific User.
8.9. The Website Manager is allowed to process and disclose the data gathered and submitted by the User upon application of the requirements arising from the Money Laundering and Terrorist Financing Prevention Act of the Republic of Estonia only for the purpose of preventing money laundering and terrorist financing.
9.1. Although the Website Manager shall take all measures to ensure correctness and reliability of information published in the Website, the Website Manager shall not be liable for publishing incorrect or misleading information in the Website, or for a violation committed or being continuously committed through the Website, or consequences thereof, of which the Website Manager is not aware, or for which it has taken measures for correcting the information, ending a violation or eliminating consequences thereof.
9.2. The Website Manager shall not be liable for the correctness and completeness of information received from third parties if the Website Manager forwards or discloses it in the Website in the same format as it was forwarded or made available to the Website Manager in any other manner. If a User discovers incorrectness of information contained in the Website, they shall be obliged to inform the Website Manager as soon as possible.
9.3. The Website Manager shall not be responsible for information, opinions and any other content published on websites belonging to third parties to which the Website directly or indirectly refers or to which links have been published in the Website.
9.5. If a User causes damages to the Website Manager by violating any of the obligations, the User shall be obliged to fully compensate the respective damages to the Website Manager at first request.
9.7. The Website Manager shall not be liable for temporary interruption in the access to the Website or its functionality.
9.8. The Website Manager shall be liable only for the direct proprietary damages to the User caused by the Website Manager’s wrongful material violation of obligations. Other damages or loss of profit shall not be subject to compensation. The Website Manager shall not be liable if a service provider or any other third party used by the Website Manager causes the violation of obligations.
10.1. Any and all intellectual property rights to the Website, including the structure, web design elements, texts and other components of the Website, and the intellectual property rights related to them (including the intellectual property rights to trademarks, logos, brands, software, databases, news, messages, texts, graphic, musical and other design) belong to the Website Manager, unless the rights of another person are referred to with regard to a component, or information has been entered by the Users of the Website. Users shall not be allowed to change, reproduce, disseminate, process, translate, make extracts from, forward, include in other databases or make public the Website or any of its contents or components or use it in any other manner that is beyond the intended purposes of the Website without the prior written consent of the Website Manager. Furthermore, the User shall not be allowed to grant sub-licenses for using the Website or any of its contents or components or create new objects of intellectual property based on them.
10.2. The Users can publish only such material on the Website for which they have intellectual property rights to the extent that is necessary for publishing the respective materials in the Website and for granting the consent set forth in Clause 10.3. A User shall be fully responsible for the materials published in the Website by them and shall be obliged to compensate to the Website Manager any expenses and damages caused (including indirect damages) that are related to the use of material published by the User in the Website in an unauthorized manner or in a manner that otherwise violates rights arising from intellectual property.
11.1. User Accounts on the Website are opened without predefined term. If a User has no valid agreements concluded via the Website and they no longer wish to use the Website, they can close the User Account and terminate the agreement concluded with the Website Manager without any notice. For that purpose, they need to click on the respective field in the settings of the User Account of the Website or send the respective application to the Website Manager to the e-mail address [email protected]
11.2. The Website Manager shall have the right to limit or cancel a User’s right to use the Website and close a User Account (as defined in Clause 4.1), as well as to terminate an agreement concluded with a User at any time without any notice if it appears that:
11.2.3. The User has submitted to the Website Manager or other Users data and/or information that is incorrect, misleading and/or inaccurate;
11.2.4. The User behaves upon using the Website in bad faith, without dignity, illegally or in contradiction with the moral standards recognized in the society;
11.2.5. The Website Manager has discovered a circumstance based on which there may be a suspicion that third parties have gained possession of the data and devices allowing logging in to the User’s User Account and using of the Website and the User Account could be used by an unauthorized person.
11.3. The Website Manager shall have the right to close the Website.
11.4. Upon closing the Website or in cases set forth in Clauses 11.2 and 11.1 (if the User can no longer use the Website):
11.4.1. The transactions made through the Website shall remain in force under the terms and conditions set forth therein and
11.4.2. The settlements arising from transactions made between the respective User and other Users shall thereafter take place through the bank accounts of the respective User and other Users based on the payment orders given by such Users (for the purposes of clarity: after the expiry of the right to use the Website, the Website Manager shall not be responsible for making or receiving payments on behalf of the Users). The Website Manager shall inform the Users who have valid transactions made through the Website with a User who no longer has the right to use the Website of the expiry of the respective User’s right to use the Website; and
11.4.3. The Website Manager shall pay the positive balance registered in the Investment Account (as of expiry of the right to use the Website), deducting the sums payable to the Website Manager, to the bank account of the User within 10 (ten) working days from the expiry of the right to use the Website.
12.1. The info notices sent to the User’s mailbox are considered as received within 24 hours after sending.
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