General conditions of operation of the mediation platform
Proclaimed and valid on 20 August 2018 and effective from 20 August 2018.
1.1. These General Terms and Conditions of the Mediated Platform Operation (hereinafter referred to as "GPC") are effective and binding on the contractual relations and the parties to all contracts concluded by the business corporation occollo, s.r.o ., with its registered office at Dlouhá 730/35, Prague 1 Old Town. 110 00. Czech Republic. ID: 073 32 084. VAT: CZ 073 32 084; the business corporation is registered in the Commercial Register kept by the Municipal Court in Prague in section C, insert 299210 (hereinafter: "the Operator"), in connection with the operation of the platform. In particular, these GPCs are binding on the contractual relations arising from the following contracts:
1.1.1. Loan intermediation agreement.
1.1.2. Loan Agreement.
1.2. The term contract means all recognizable expressions of will leading to the conclusion of a contractual legal relationship (especially in the sense of paragraphs 1.1.1 to 1.1.2 of the GPC), in particular contracts, agreements, written and electronic orders in connection with order confirmations, etc ., whether they are concluded in any way envisaged by legislation (i.e. in writing, verbally, by means of long-distance electronic communication, etc.) (hereinafter referred to as the "Contract"). These GPCs must be explicitly referred to in the contract.
1.3. Unless expressly agreed otherwise in writing in the contract the legal relationship is governed by a contract established based on Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Act").
1.4. These GPCs may be departed from only by express written agreement between the parties, usually with reference to a paragraph or part of a GPC which is not applicable to the legal relationship in question.
1.5. GPCs take precedence over those provisions of the law which are not coercive in nature.
1.6. GPCs remain effective for the contractual parties even after the expiry of their contract in matters. related to the contract in question (e.g., damages, choice of law, dispute resolution, etc.).
2.1. Partial loan (also referred to as the "partial loan") - A separate part of a cumulative loan, agreed in the LA mediated by the platform mediating between the borrower and the lender.
2.2. Minimum amount of cumulative loan - minimum part of cumulative loan. upon the achievement of which the loan is released to the borrower.
2.3. GLC - General loan conditions issued by the platform operator.
2.4. Platform - Internet portal available on the Internet at www.occollo.cz enabling the mediation of the conclusion of loan agreements between borrowers and lenders. The platform is operated by the operator. The platform is a means of distance communication in the sense of par. 1820, Article 1 of the Act.
2.5. Conditions - GPC and GLC together.
2.6. GPC - General conditions of operation of the mediation platform, issued by the platform operator.
2.7. Operating account - Bank account of the intermediary established at a banking institution domiciled in the Czech Republic used for deposition of the intermediary funds; payments of fees and commissions by the lender, etc..
2.8. Operator - A person identical to the intermediary in the position of platform operator.
2.9. Guarantor - a natural person connected with the lender which guarantees the repayment of partial loans in case liability has been agreed.
2.10. Loan agreement (also: “LA”) - A special-purpose loan agreement. concluded through a platform between the borrower and the lender, mediated by an intermediary.
2.11. Cumulative loan - Total loan mediated by the platform mediating between the borrower and the multiple lenders.
2.12. Transaction (tied) account administrator – bank, notary or lawyer based in the Czech Republic.
2.13. Transaction account - Bank tied account with a banking institution domiciled in the Czech Republic on which the funds of the platform users are stored (especially the Safe - if it is established on the platform. temporarily the amounts allocated by the lenders for individual loan projects or loan repayments before their distribution to the lenders, etc.); the funds in the transaction account are not the business assets of the intermediary. Only one transaction account is established for each Loan Project. The transaction (tied) account agreement is signed by the transaction account administrator, broker and lender. The transaction account manager shall publish a confirmation on the platform that the transaction funds will be handled in accordance with the LA and its Conditions.
2.14. Safe - Virtual (accounting) cash account of the user - borrower maintained and administered in the platform environment. If such feature is set up on the platform, the lender may continue to leave the free funds in the Safe (without interest), transfer them to his own bank account, or to allocate them by signing LA (and block them) to the loan project selected by the lender.
2.15. Borrower - A legal entity established in line with Czech legislation, with its registered office in the Czech Republic and registered on the platform as a user - borrower.
2.16. Loan project - Summary of information published on the platform by the borrower about the intention of the borrower to draw a cumulative loan.
2.17. Lender - A natural person over 18 years of age with permanent residence in the Czech Republic or a legal entity established in line with the Czech legislation, with its registered office in the Czech Republic and registered on the platform as a user - lender.
2.18. User - A person registered on the platform (having an established user account). whether it is a borrower or a lender.
2.19. Act - Act No. 89/2012 Coll., Civil Code, as amended.
2.20. Intermediary - A person identical to the operator in the contractual position of a loan agreement intermediary.
Platform and setting up a platform user account
3.1. Those who wish to use the services offered by the operators must register on the platform. Such (non-claiming) process will result in setting of a user account where the user has this type of user account corresponding to his current position in relation to the operator (e.g. the account of the lender, the account of the borrower, etc.).
3.2. Together with electronic mail, the platform is a communication channel between the operator and the user and at the same time it is a platform where contractual relations are being concluded.
3.3. All meetings carried out in the context of distance communication (either via the platform or by e-mail) are deemed to be made in writing.
3.4. The user's login details to the platform are the email address (as username) and the password chosen during registration.
3.5. The platform is available to users constantly (24/7) except in cases of necessary technological shutdown determined by the operator.
3.6. Using the platform is free of charge for users choosing to use the basic version. However, the user has the option to pay for access to certain benefits (such as access to reserved parts of the platform, time-exclusive access, better user support, etc.).
3.7. Unless the content of the platform explicitly states otherwise the entire platform and its content, including software, are the copyrighted work of the operator and as such is protected by copyright.
3.8. The operator is entitled to change the appearance, content or features of the platform at any time at its own discretion... However, in any such case, the operator is obliged to protect the rights of platform users, in particular the rights arising from the contracts concluded in relation to the activities of the platform.
3.9. The condition for setting up a user account is the user's confirmation of reading and acknowledging that the user's personal data will be processed in line with the rules of personal data processing. In addition to the adoption of mandatory rules for the processing of personal data, the user also has the opportunity to express his revocable consent to the processing of personal data for information purposes, marketing and administrative purposes.
Rights and obligations of users use of the platform
4.1. A legal or a natural person may have a maximum of one user account set up on the platform. An exception to this rule (e.g., for a user who wants to act in the position of both the borrower and the lender) must be explicitly specified in advance by the operator.
4.2. Every user is obliged to use the platform and its contents and functions solely for the proper purpose and not to seek abuse or fraudulent, unethical or illegal conduct. The user is also obliged to refrain from any activities. which may damage. overload. shut or disrupt any part of the platform system or which could interfere with its proper functioning.
4.3. The user is forbidden to try in any way to gain unauthorized access to user accounts (other persons account), computer systems or networks by means of computer piracy or similar.
4.4. Each user is obliged to protect his access data from loss, theft or misuse. If a third party accesses the user account by entering the correct log=in details, the user is responsible for its activity as if conducted personally by the user.
4.5. The user is obliged to prevent damage in relation to the use of the platform, especially if he detects any inconsistency or defect while using the platform. In such case the user undertakes to notify the operator without undue delay. Furthermore, the user is obliged to inform the operator without undue delay also in case of suspicion of any platform error or discrepancy, loss, theft or misuse in relation to the user's access data.
4.6. The operator is entitled to close the account of any user or change, cancel or disable some parts or features of the platform at any time for serious reasons. If the user needs to use the platform to fulfil a contract, the operator shall provide an alternative solution for such a user.
The usual procedure for concluding loan agreements through the platform
5.1. This fifth part of the OPC regulates the usual and recommended course of the origin of the relationship between the borrower and the lender. The process always starts with registering users on the platform and agreeing to GPC.
5.2. The registered user is entitled to use the platform to the extent given by the technical limitations of the platform, the status of the user (borrower, lender) and to the extent specified in these GPCs.
5.3. The borrower is obliged to register his loan project on the platform, provide full co-operation to the intermediary and provide proper, true and complete information.
5.4. Subsequently, the intermediary evaluates and verifies the loan project and is entitled to offer the borrower the conclusion of a brokerage agreement between the borrower and the intermediary. A draft LA is attached to the brokerage agreement , which the borrower executes by his signature verified by public notary. After the brokerage agreement execution and the borrower pays the agreed fees to the intermediary, a contract for the transaction account may subsequently be concluded between the borrower, intermediary and administrator of the transaction account. Administrator of the transaction account then usually issues a binding statement to the lenders about the handling of the funds in the transaction account.
5.5. Then, the loan project may be published on the platform for users - lenders. Some users (lenders) using paid access may have the loan project in question made available earlier than other users.
5.6. In case of interest of the lender in a particular loan project a partial (tripartite) LA may be executed through the platform. Subsequently, the amounts of partial loans are transferred to the transaction (tied) account.
5.7. If the minimum amount of the loan is achieved, the loan may be granted to the borrower. The intermediary, resp. transaction (tied) account administrator, ensures the automatic release of funds from the transaction (tied) account to the agreed bank account of the borrower.
5.8. The borrower subsequently repays the loan to the lender through a transaction (tied) account and the intermediary. resp. transaction (tied) account administrator distributes loan repayments to lenders on the basis of individual loan agreements.
Special rights and obligations of users in the position of the borrower
6.1. If the user in the position of the borrower is interested in a loan intermediation (loan agreement), the borrower is obliged to inform the operator and the lender (via the platform or in any other form of communication) always and unconditionally truthfully, correctly, openly, and not to conceal or distort any relevant information which may be relevant to any recipient of loan project information.
Special rights and obligations of users in the position of the lender
7.1. When. that the user in the position of the (future) lender signs a partial loan agreement, he is obliged to transfer the relevant part of the loan to the transaction account and endure blocking, thus, the impossibility of disposing of the amount in question in any way up to the moment when the minimum cumulative amount of loan required is reached. If the minimum cumulative amount of the required loan is not reached within the agreed time, the funds deposited in the transaction account will be returned to the lender. Should the loan agreement allow the part of the loan deposited in the transaction (tied) account (minimum amount of the cumulative loan) may be drawn even if the total cumulative amount of the loan requested is not reached.
Tax obligations of users
8.1. Each of the users can be subject to various tax obligations according to the valid legislation. The subject of the activity of the platform operator is not and cannot be the control or reminder of such tax liability of the borrower and/or the lender.
8.2. The lender notes and declares. that the provision of a loan and the receipt of accrued interest is for the lender the so-called source of other income. within the meaning of par. 10th Act No. 586/1992 Coll. and the lender is therefore in the position of a sui generis entrepreneur.
Limitation of operator liability
9.1. The operator is not responsible to users for information provided to the platform by other users, both in the position of borrowers and lenders.
9.2. The operator in the position of a loan intermediary between users (in the position of a borrower and a lender) is in no way liable for damage caused mutually by the other parties of the loan agreement.
Amendment to the GPC and the General Loan Terms and Conditions (hereinafter referred to as the “GLC”)
10.1. The Operator reserves the right to change these GPCs and GLCs (hereinafter GPC and GLC together also referred to as: "conditions") in the area of repairs, optimalization, parametric adjustments and minor changes even without prior notice. The user acknowledges this fact and agrees to such a possibility. In case of larger changes in conditions which would have a significant impact on the rights and obligations of users, the operator is obliged to notify in sufficient advance, in which case the user has the option to reject the proposed change and terminate the use of the platform; in such a case, the changes do not apply to the already concluded contracts through the platform.
10.2. Changes in the terms and conditions are effective for all affected parties on the day of their publication on the platform unless a later effective date is specified in the (new) conditions.
10.3. Changes to the conditions will always be made by the operator only in justified cases and to the extent necessary (especially legislative changes, change in the intermediary's activities, correction of errors, etc.).
11.1. No party shall be liable for any failure to fulfil an obligation arising from the contract if this non-compliance or delay is caused by an obstacle that occurred independently of the will of the liable party and prevented it from fulfilling its obligation, and if it is not possible or cannot reasonably be expected, that the obligated party could avert or overcome this obstacle or its consequences, and further that at the time the obligation arose, could not be realistically foreseen (hereinafter "force majeure"). However, liability for the fulfilment of an obligation is not precluded by an obstacle which arose only at a time. when the obligated party was in a delay with the fulfilment of its obligation or arose from its economic circumstances.
11.2. A force majeure, for the purposes of this contract, is considered such event which meets conditions set out in the previous paragraph, in particular: natural disasters, Fires, failures of electronic equipment and failures of instruments, floods, storms or other atmospheric disturbances and large-scale phenomena or civil unrests, strikes or decisions or normative acts of public authorities, broadcasters or the media, regulation, limitations. prohibitions or other state v state administration or self-government bodies intervention.
11.3. Contracting party which violated, violates or assumes with respect to all known facts that it is in breach of its duty, resulting from the contract, as a result of a force majeure event, it shall immediately inform the other contracting party of such breach or event and shall make every effort to avert such event or its aftermath and to eliminate it.
12.1. All data communicated by the parties during the contract execution are confidential to the parties and may not be disclosed to a third party without the prior written consent of the other party. An exception may be the obligations of the contracting parties determined by the law of the Czech Republic and resolutions of state and public authorities. This protection does not apply to information that is generally known and available.
12.2. Contracting party, which breaches any obligation under the contract or from these GPCs, is obliged to compensate the affected party for the damage caused, all with limitation within the meaning of Part 9 of these GPCs.
12.3. In case any dispute arises between the contracting parties in relation to the concluded contract, its application or interpretation, the contracting parties shall make every effort and means for such dispute to be settled amicably. If the dispute between the parties cannot be settled amicably, the dispute shall be referred to the general court with territorial jurisdiction according to the registered seat of the contractor.
12.4. Rights and obligations of the contracting parties arising from the contract, their securing, changes and termination are governed exclusively by the law of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code, as amended.
These GPCs are a copyrighted work to the extent in which they differ from legal provisions and basic legal texts. Their copying and use by another person is prohibited, resp. subject to the prior written consent of the author obtained through the operator.