Version CFP occ License
Terms of operation of the intermediary platform
1. Introductory Provisions
1.1. These general conditions of operation of the mediation platform (hereinafter: "PPP") are effective and binding for contractual relationships and contractual parties of all contracts concluded through the mediation crowdfunding platform operated on the website www.occollo.cz. The platform is owned, managed and operated by the business corporation occollo, s.r.o., registered office: Dlouhá 730/35, Prague 1 Staré Město, 110 00, Czech Republic, ID: 073 32 084, VAT number: CZ 073 32 084; business corporation registered in the commercial register maintained by the Municipal Court in Prague in section C, file 299210 (hereinafter: "Operator"). These PPPs are particularly binding for contractual relationships arising from the loan agreement and the mediation agreement.
1.2. The term contract is understood to mean all discernible expressions of will leading to the conclusion of a contractual legal relationship, i.e. in particular contracts, agreements, written and electronic orders in connection with confirmation of orders, etc., regardless of whether they are concluded in any of the ways envisaged by legislation (i.e. in writing, orally, by means long-distance electronic communication, etc.) (hereinafter referred to as the "Agreement"). These PPPs must be explicitly referred to in the contract.
1.3. Unless otherwise expressly agreed in writing in the Contract, the legal relationship established by the contract is governed by the Law and Regulation (see below).
1.4. It is possible to deviate from these PPPs only by an express written agreement between the contracting parties, usually with a reference to a paragraph or part of the PPP that does not apply in the legal relationship in question.
1.5. PPPs take precedence over those provisions of the law that are not binding in nature.
1.6. PPPs remain effective for the parties to the contract even after the end of the contract, in matters related to the subject contract (e.g. compensation for damages, choice of law, dispute resolution, etc.).
2. Terms used
2.1. Platform – Internet portal, available on the Internet at www.occollo.cz, enabling the mediation of credit agreements between borrowers and borrowers. The Platform is operated by the Operator. The platform is a means of distance communication within the meaning of par. 1820, section 1 of the Act.
2.2. PPP - General conditions of operation of the intermediary platform, issued by the Operator.
2.3. Project – real estate project to be financed or refinanced through SÚ.
2.4. Operator – Person in the position of Platform operator.
2.5. Guarantor – a natural person connected to the borrower who guarantees the repayment of the loan, if the guarantee has been agreed.
2.6. Loan Agreement (also: "SOÚ") – Agreement on a purpose-built loan concluded through the Platform between the borrower, the lender and possibly also the Operator as an intermediary.
2.7. Borrower – A legal entity, established under Czech legislation, with its registered office in the territory of the Czech Republic or established under Slovak legislation, with its registered office in the territory of the Slovak Republic.
2.8. Borrower – A natural person over 18 years of age with a permanent residence in the Czech Republic or a legal entity established in accordance with Czech legislation, with its registered office in the territory of the Czech Republic and registered on the platform as a user – lender.
2.9. User – A person registered on the platform (having an established user account).
2.10. Law - Law No. 89/2012 Coll., Civil Code, as amended.
2.11. Mediation Agreement - Mediation Agreement concluded between the borrower and the Operator as an intermediary; the contract regulates, among other things, the conditions of publication of the Project on the Platform.
3. Platform and establishment of a Platform user account
3.1. Every person interested in the services of the Operator is obliged to register on the Platform, when the result of this (non-entitlement) process is the establishment of a user account on the Platform, where the User has a type of user account that corresponds to the User's current position vis-à-vis the Operator.
3.2. Together with e-mail, the Platform is a communication channel between the Operator and the User, and at the same time a platform where contractual relations are concluded.
3.3. All negotiations that are carried out as part of remote communication (whether through the Platform or by e-mail) will be considered to have been done in writing.
3.4. The User's login data on the Platform are the email address (as a username) and the password chosen by the User during registration.
3.5. Only basic information about Projects is accessible to unregistered Users. After registration, all information about Projects is accessible to Users. Users are required to provide information or documents used to identify Users (e.g. copies of two personal documents) and to verify investment knowledge (AML questionnaire and investment questionnaire).
3.6. The Platform is made available to Users at all times (365 days a year, 7 days a week, 24 hours a day), except in cases of necessary technological shutdowns determined by the operator.
3.7. The use of the platform is free for Users in the basic version. It is assumed that in the future the User will be able to pay for access to certain benefits compared to other users (access to reserved parts of the platform, time-exclusive access, increased user support, etc.).
3.8. Unless otherwise expressly stated in the content of the Platform, the entire Platform and its content, including software, is the copyrighted work of the Operator, and as such is protected by copyright.
3.9. The operator is entitled to change the appearance, content or functions of the Platform at any time at its own discretion. However, in any such case, the operator is obliged to protect the rights of the users of the platform, in particular the rights arising from the contracts concluded by them, in connection with the activity of the Platform.
3.10. The condition for setting up a user account is the user's confirmation that they have read and obeyed these PPPs and also acknowledge that the user's personal data will be processed in accordance with the personal data processing rules and the GDPR. In addition to accepting the mandatory rules for the processing of personal data, the User has the option to express his revocable consent to the processing of personal data for informational, marketing and administrative purposes.
4. Rights and obligations of users, use of the platform
4.1. One legal entity or individual may have a maximum of one user account set up on the Platform. An exception to this rule must be explicitly determined in advance by the Operator.
4.2. Each User is obliged to use the platform, its content and functions exclusively for the proper purpose and not to attempt misuse or fraudulent, unethical or illegal behavior. The User is also obliged to refrain from any activity that could damage, overload, disable or disrupt any component of the Platform system or that could interfere with its proper functioning.
4.3. The user is prohibited from attempting in any way to gain unauthorized access to user accounts (of other persons), computer systems or networks by means of computer piracy or similar means.
4.4. Each User is obliged to protect their access data against their loss, theft or misuse. If a third person accesses the user account by entering the correct login data, the User is responsible for his activity as if he were doing so personally.
4.5. The User is obliged to prevent the occurrence of damage in connection with the use of the Platform, i.e. in particular, if he discovers any discrepancy or defect during the use of the Platform, he undertakes to notify the Operator of this fact without undue delay, and the User is also obliged to inform the Operator without undue delay in the event of suspicion of any error Platforms or error, loss, theft or misuse in relation to the User's access data.
4.6. The Operator is entitled, for serious reasons, to close the user account of any User at any time or to change, cancel or disable access to some parts or functions of the Platform. If the User needs to use the Platform to fulfill a contract, the Operator will provide an alternative solution for such User.
4.7. The complaint form published on the Platform is used for any complaints by Users.
5. Usual procedure for concluding loan agreements through the Platform
5.1. This fifth part of the PPP regulates the usual and recommended course of creation of a credit relationship between the Borrower, the Lender and the Operator. The process always begins with the registration of Users on the platform and with the consent to the PPP.
5.2. The Registered User is entitled to use the Platform to the extent determined by the technical limitations of the Platform, the User's position (creditor, creditee) and further to the extent determined by these PPPs.
5.3. The Borrower is obliged to register his Project on the platform, provide full cooperation to the Operator and provide proper, true and all essential information about the Project. The basic obligations for the Borrower and the minimum parameters of his Project are set on the Platform. The Operator is entitled to request additional or additional information regarding the Borrower or the Project, both before concluding the mediation agreement and, if applicable, also after its conclusion.
5.4. The operator evaluates and reviews the Project. The operator is entitled to refuse publication of the Project.
5.5. In the case of a positive evaluation of the Project by the Operator, and after the conclusion of the intermediary contract, the Project is published on the Platform for Users in the role of Lenders.
5.6. If the Borrower is interested, he will sign through the SÚ Platform. The creditor will provide the loan within the period according to the SÚ.
5.7. The loan is repaid under the conditions specified in the SÚ.
5.8. If a payment service within the meaning of Act No. 370/2017 Coll., on payment systems, is used by the Operator when providing a loan according to the SOÚ, this service will be provided through a person authorized to provide payment services according to the said Act.
6.1. If the Lender is obliged to pay any fees to the Operator, this will be explicitly stated in the SO.
6.2. If the Borrower is obliged to pay any fees to the Operator, this will be explicitly stated in the mediation agreement concluded with the Operator, or in the SOÚ.
6.3. Users do not pay any other (e.g. hidden) additional fees.
7. AML, Investment questionnaire, sanction lists
7.1. Creditors must fill out the so-called AML questionnaire via the Platform. The AML questionnaire summarizes the conditions established by Act No. 253/2008 Coll., on certain measures against the legalization of proceeds from criminal activity and the financing of terrorism (hereinafter referred to as the "AML Act"), under which Creditors may grant loans. If the Borrower does not meet the conditions stated in the AML questionnaire, he will not be allowed to provide loans through the Platform.
7.2. According to § 11 paragraph 7 letter a) of the AML Act, the Operator, as a so-called obliged person, is obliged to carry out the identification of Users by, among other things, that the Users send to the Operator a copy of the identity card and at least one other supporting document, from which the type and number of the identity card can be determined, the state, or the authority that issued it, and its validity period. In accordance with § 11 paragraph 7 letter e) and f) of the AML Act, identification is completed from the Creditor's point of view by showing the loan from his bank account held in his name at a credit institution or at a foreign credit institution operating in the territory of a member state of the European Union or a state forming the European Economic Area.
7.3. In order to assess the Borrowers' risks related to their investments on the Platform, the Borrowers fill out a so-called investment questionnaire (or "calculator"), or an entry test of knowledge and a simulation of the ability to bear a loss. If the risk of the Borrower's investments on the Platform is assessed by the Operator as too high, the Borrower's investment on the Platform may not be allowed. In individual cases, filling in this questionnaire may be waived, namely in cases of so-called qualified investors within the meaning of the Regulation.
7.4. If more than 1 year elapses between the completion of the relevant forms (AML, Investment Questionnaire) and the (next) investment, the User will be asked to update or re-fill the forms.
7.5. The operator of each Borrower checks whether he is entered in the sanctions lists, specifically in these lists
+ verification: https://www.amlsystems.cz/sankce?q=ANICA+SOUAAN#sanction-form
If the Borrower is entered in the aforementioned sanction lists, or in other relevant sanction lists, he will not be allowed to register on the Platform, or this registration will be cancelled. If it is found that the Borrower is included in the sanctions lists, the Operator may demand immediate early repayment of the Loan.
The operator is entitled to check the Borrower in a similar way.
8. Tax obligations of Users
8.1. Each of the Users may be subject to various tax obligations according to applicable legislation. The subject of the Platform Operator's activity is not and cannot be the control or reminder of such tax obligations of the Lender and the Borrower.
9. Limitation of the Operator's liability
9.1. The Operator is not responsible to the Users for the information provided to the Platform by other Users, whether as Creditors or Creditors. However, the Operator will make every reasonable effort to ensure that all (true) material information about the credited Project is published on the platform.
9.2. The operator is not responsible for the fulfillment of the TOS, unless otherwise stated in the TOS.
10. Change of PPP
10.1. The operator reserves the right to change these PPPs, in the area of corrections, optimization, parametric adjustments and minor changes, even without prior notice and without notification. The user acknowledges this fact and agrees to such an option. The Operator is obliged to notify more extensive PPP changes that would have a significant impact on the rights and obligations of the Users with sufficient time in advance, and the User in such a case has the option to reject the proposed changes and terminate the use of the Platform; in this case, the changes will not apply to contractual relationships already concluded through the Platform.
10.2. Changes to the PPP are effective for all affected contracting parties on the day they are published on the Platform, unless a later effective date is specified in the (new) PPP.
10.3. The Operator will always make changes to the PPP only in justified cases and to the necessary extent (especially legislative developments, changes in the operator's activities, correction of errors, etc.).
10.4. PPP changes do not affect the wording of closed SÚ. In the event of a conflict between the SÚ and the PPP, the SÚ takes precedence.
11. Force majeure
11.1. No contracting party is liable for any failure to fulfill an obligation arising from the contract, if this failure or delay was caused by an obstacle that occurred independently of the will of the obligated party and prevented it from fulfilling its obligation, if it cannot or cannot be reasonably assumed that the obligated party would could have avoided or overcome this obstacle or its consequences, and furthermore, that at the time of the obligation's origination, it could not have realistically foreseen this obstacle (hereinafter referred to as "Force Majeure"). However, liability for the fulfillment of the obligation is not excluded by an obstacle that arose only at the time when the obligated party was in arrears with the fulfillment of its obligation or arose from its economic circumstances.
11.2. Force Majeure for the purposes of this contract, if they meet the conditions stated in the previous paragraph, are considered in particular: natural disasters, fires, malfunctions of electronic equipment and device malfunctions, floods, storms or other atmospheric disturbances and phenomena of a significant scale or a state of war or civil unrest, strikes or decisions or normative acts of public authorities, broadcasters or media, regulation, restrictions, prohibitions or other interventions of the state, state administration or local government.
11.3. A contractual party that has breached, is breaching or assumes, taking into account all known facts, that it will breach its obligation arising from the contract, as a result of an event of Force Majeure, is obliged to immediately inform the other contractual party of such a breach or event and to develop all possible efforts to avert such event or its consequences and to eliminate them.
11.4. Any obstacle caused by Force Majeure does not affect the Creditor's right to demand repayment of his loan according to the SO. In case of delay caused by Force Majeure, the Borrower is not obliged to pay interest for the relevant period of delay and is not liable for any damages.
12. Other provisions
12.1. All data that the contracting parties communicate to each other during the performance of the contract are confidential for the parties and cannot be disclosed to a third party without the prior written consent of the other contracting party. The exceptions are the obligations of the contracting parties, determined by the legal order of the Czech Republic (Slovak Republic) and decisions of state and public authorities. Protections also do not use generally known and available information.
12.2. A contracting party that violates any obligation arising from the Contract or from these PPPs is obliged to compensate the affected contracting party for the harm (damage) caused to it by this breach of duty, all this with limitations in the sense of section 7. or 9.4. of these PPPs.
12.3. If any dispute arises between the contracting parties in relation to the concluded contract, its application or interpretation, the contracting parties will use their best efforts and means to resolve such dispute amicably. If the dispute arising between the contracting parties in connection with the contract cannot be resolved amicably, the dispute will be referred for resolution to the general court with local jurisdiction based on the seat of the defendant. In the event that the defendant is based outside the territory of the Czech Republic, disputes will be decided by the general courts of the Operator.
12.4. The rights and obligations of the contracting parties arising from the contract, their security, changes and termination are governed exclusively by the legal order of the Czech Republic, in particular by Act No. 89/2012 Coll., Civil Code, as amended.
These PPPs take effect on 1 October 2022.
PPP is a copyrighted work. Their copying and use by another person is prohibited, or subject to the prior written consent of the Operator.