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Terms of use

Update date 21.05.2022

TERMS OF USE

1. General provisions. By accessing or using our Services, you agree to be bound by the terms and conditions of these Terms of Use (the “Agreement”, “Offer”) and our Privacy Policy (the “Privacy Policy”). The terms “we,” “us,” or “our” mean 404 PROJECTS LP (the “Operator”).

The Operator and User shall be collectively referred as the “Parties”, and individually as the “Party”.

The current edition of the Agreement is posted on the Operator’s website at the address: http://finanso.com/us/terms-of-use/ for the User to thoroughly read in good faith before accepting the terms of the Agreement.

This Agreement shall be deemed concluded and taken effect as a deed of adhesion from the date when the User performs actions set forth in paragraph 3.2 of the Agreement, which mean full and unconditional acceptance of all terms and provisions of the Agreement by the latter, without any exclusions and/or restrictions.

This Agreement may be amended by the Operator without any special notice, the new version of the Agreement comes into force from the moment it is posted on the Operator's Website, unless otherwise provided by the new version of the Agreement. If you don’t agree with any of the provisions of the Agreement, please do not use the Service. If the Operator has made any changes to the Agreement, with which you don’t agree, you are obliged to stop using the Service.

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE WEBSITE, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND ANY ADDITIONAL TERMS THAT MAY APPLY. If you do not agree with this Agreement, please do not use this Website.

Either Party shall represent and warrants that it has required legal capacity, as well as all rights and powers are necessary and sufficient to conclude and execute the Agreement according to the terms and provisions hereof.

Please note that the Operator does not provide financial services, is not a credit institution or a person authorized to calculate the credit rating (hereinafter the “Credit Rating”, “Credit Score”, “Financial Health Rating”, “Scoring”) of the User.

The Operator collects and stores Users' personal data in order to receive offers by providing Users with access to a wide range of services, including financial product selection tools (hereinafter the "Service").

Because Operator provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service.

This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury, as well as the right to participate in any class action. See the Legal Disputes section 9 of this Agreement.

2. Terms and Definitions used in the Agreement. For the purpose of this Agreement the below terms shall have the following meaning:

Authorization data means the data enabling to authenticate the User. By default, the User’s login and password shall be the Authorization data. Other types of the Authorization data can be used in the cases provided for by this Agreement.

Authentication means certification of the User’s legal capacity to conduct transactions using the Service, and/or receive information about transactions using the Service according to the manner established hereby. For conducting transaction using the Service the User shall be authenticated with the Operator’s software based on the Authorization data entered by the User.

Auto Loan means a loan issued on the basis of a loan agreement intended for the purchase of a vehicle with its simultaneous use as collateral.

The Application means an electronic document generated by the User based on the Information using the Service.

The Credit Bureau means a legal entity that provides services for the formation, processing and storage of credit histories, as well as for the provision of credit reports and related services.

Credit Rating (Credit Score, Financial Health Rating, Scoring) means a calculated score calculated according to a large number of rules and criteria related to credit history, by which it is possible to judge the ability of the rated person to fulfill the financial obligations assumed (creditworthiness, financial reliability, financial stability) and (or) the credit risk of its individual financial liabilities or financial instruments expressed using a rating category.

Electronic document(E-document) means a document, information or a set of documents in which information is presented in electronic form, containing all the mandatory details for this type of documents provided for by the applicable current legislation, including an indication of the person on whose behalf such a document was created and sent.

Electronic signature (E-signature) means a simple electronic signature representing information in electronic form attached to other information in electronic form (signed information/document) or otherwise related to such information, and which is used to identify (identify) the User signing the information/document, formed in accordance with the terms of this Agreement and the applicable law.

Help Desk means an Operator’s division that at the User’s request provides the latter with the information about using the Service (by phone or email, with the Operator’s employee engaged).

Information means the information provided by the User and used by the Operator to provide Services, information about the preferred Services of the Operator, including, but not limited to: the data on preferred characteristics of the loan provided by the User and employed by the Operator to generate the Report, as well as the User’s details, including its Personal data.

The Issuing Bank means a credit institution that issues bank cards, as well as settlements on transactions made using bank cards.

The Legal service means paid or gratuitous action (activity) the Operator or providing the User with the result of the Operator's actions aimed at achieving a beneficial effect for the User, which is expressed in the protection of legally protected rights and interests. Legal services are provided by the Operator in the form of consultations, explanations, a designer of legal documents.

The Lender (the Financial Service Operator) means a legal entity carrying out a) microfinance activity, or b) banking operations; and granting the loan to the User (Borrower) on the terms established by the Loan (Credit) Agreement. Further, for the purposes of this Agreement, the terms of "credit" and "loan" will be used as identical, unless otherwise established by this Agreement. The Financial Service Operators in the banking sector are published in registers on the website www.occ.gov, and their name and registration number are considered to be included by the specified link in this Agreement or in other documents of the Operator posted on the Website.

Mortgage Loan means a loan issued on the basis of a Loan Agreement intended for the purchase or construction of a real estate object and secured by a pledge of a real estate object.

The Operator – 404 PROJECTS LP, with registration number SL16159 and its registered address at 12 South Bridge, Suite 1, Edinburgh, Scotland, EH1 1DD, United Kingdom, providing the Users with the Service, and carrying out other actions associated with using the Service.

Operator’s Website (Website) means the Operator’s information resource on the information and telecommunication global network (hereinafter, the “Internet”) located at the address: https://finanso.com, through which the User has an access to the Operator’s Service to generate the Application.

The Personal User Account means a User account on the Operator's Website, formed by the Operator for the purposes of providing and accounting Services.

The Report means an electronic document generated by the Operator based on the Application containing the list of the available offers made by the Lenders providing a Credit, Mortgage Loan, Auto Loan or a Loan in the region specified by the User and according to the parameters as selected by the latter, which list is provided to the User by means of posting on the Personal User Account.

The Service(System) means the Operator’s information and technology system posted on the Operator’s Website, which makes it possible to generate and submit the User’s Application for consideration of the Lender for the User to obtain the loan.

The Services mean the activities carried out by the Operator, including collection and processing of the Information within the Application aimed at:

  1. the preparation and provision of the User with information about the Lenders’ offers that meet the requirements generated by the User using the Service, as well as submission of the Users’ Applications by the Operator for consideration by the Lenders, for the User to obtain the Auto Loan, Loan, Mortgage Loan;
  2. the preparation and provision of the User with information about the Credit Rating (Credit Score, Financial Health Rating, Scoring) of the User from the operator of such services – a legal entity that specializes in providing such services;
  3. the preparation and provision of the User with information about the proposals of Issuing Banks that meet the requirements formed by the User using the Service in order to select a credit bank card;
  4. the preparation and provision of information materials on legal issues to the User in the form of consultations and explanations, a configurator of legal documents;
  5. the preparation and provision of the User with information about the bank by the BIN number (the first 6 digits) of the bank card.

The Settlement Bank means a credit institution participating in settlements using the Service, as well as providing acceptance of Users' bank cards in order for the latter to make payments for the provision of Operator Services.

Settlement Participants mean Settlement Bank, Operator, Users, other persons interacting when making settlements using the Service, including on the basis of contractual relations existing between Settlement Participants.

Tariffs mean the list of types and amount of the fee to be paid to the Operator for provision of the Services to the User.

The User means an individual accessing the Website, who passed the registration procedure and obtained personal Authorization data, and who has its own Personal User Account.

3. Scope of the Agreement

3.1. This Agreement shall establish the terms and procedure for provision of Services to the User using the Operator’s Service.

3.2. Acceptance of the terms of this Agreement shall be the performance by the User of consecutive conclusive actions:

a) familiarization with the text of this Agreement;

b) putting a mark of consent with the terms of this Agreement in the registration field at the time of registration of the User.

3.3. The Operator can provide both paid and free Services. Information about whether the Service is paid or free is indicated on the Operator's Website. Payment for paid Services of the Operator is carried out by the User in accordance with section 6 of this Agreement.

3.4. The User is aware and understands that in some cases it is impossible for the User to receive Services without transferring his personal data to the operators of such services, in connection with which, by entering into this Agreement, the User confirms that he wishes such transfer and agrees to the transfer of the User's personal data on the terms set out in this Agreement, as well as other documents Operator published on the Website.

3.5. In accordance with the procedure provided for by the applicable law on personal data, the User can at any time obtain information from the Operator whether the Operator has transferred the User's personal data to anyone, and whether his personal data is processed by the Operator.

4. Procedure and Terms of Provision of the Service

4.1. Registration on the Website.

4.1.1. To access the Service, the User shall accept the terms of this Agreement when completing the User Form on the Website. The User’s mark of acceptance of the terms of this Agreement at the time of entering the User’s data on the Website shall mean acceptance of this Agreement.

4.1.2. The User shall complete the User’s Form on the Website by entering the proper registration form. When filling in the data on the Website, the User shall enter the User’s contact phone, preferred way to get a phone verification code, full name, date of birth, ID data, email address, and the password.

4.1.3. The User shall agree to display true, complete and reliable information and maintain the same updated. If the User provides incorrect information or the Operator has reason to believe that the information provided by the User is incomplete or unreliable, the Operator has the right, at its discretion, to block or delete the User Account and refuse the User to use its Services (or their individual functions). The User shall provide personal data according to Section 7 of this Agreement.

4.1.4. The User agrees that he shall be solely liable for keeping confidential the Authorization data he uses for accessing the Website. Besides, the User agrees that he shall be exclusively liable to the Operator for all actions conducted upon entering the personal data. Actions performed using Authorization data to access the User's Personal Account are recognized as User actions.

4.1.5. If the User becomes aware of any unauthorized use of its Authorization data, the User shall notify the Operator of the same without delay by contacting the Help Desk.

4.1.6. The User shall refrain from disclosure (or, if disclosing, be solely liable to the fullest extent) at the time of registration on the Website, the surname, name, patronymic, email address, and other personal data of other Users or any third parties without its personal consent to such actions expressly provided in any confirmable form.

4.2. General Rules of Using the Service

4.2.1. In order to use the Services provided by the Operator within the scope of this Agreement, the User shall always perform the procedure of filing the Application as established by the Agreement.

4.2.2. To generate an Application, the User shall provide Information.

4.2.3. Unless otherwise provided on the Website, the Application filing procedure shall be accomplished by the payment transaction conducted by the User. The Operator provides paid Services only if the User makes an advance payment of the full cost of Services. The User shall pay for the Services under this Agreement in the amount and according to the procedure specified in Section 6 hereof.

4.2.4. When receiving the Application, the Operator shall:

- confirm the receipt of the Application and assign the Application number;

- generate and present the Report to the User by posting it on the Personal User Account;

- send the Application for consideration of possible Lenders (from the list of the Lenders placed on the Website);

- prepare and provide the User with information about the Credit Rating (Credit Score, Financial Health Rating, Scoring) The User by posting in the Personal User Account;

- prepare and provides the User with information about the offers of Issuing Banks that meet the requirements formed by the User using the Service for the purpose of selecting a credit bank card by posting in the Personal User Account;

- prepare and provide the User with information about the bank by the BIN number (the first 6 digits) of the bank card;

- prepare and provide the User with informational materials and documents on legal issues.

4.2.5. The Operator’s obligations within the scope of this Agreement on the search for financial products shall be limited to the provision of the Services for intermediary activity for analysis and selection of the Lenders’ financial products (offers) that comply with the User’s requirements. If the Lender grants the loan to the User, the Operator shall not be a party to the agreement made by and between the User and Lender, and therefore, the Operator shall neither regulate no supervise whether the transaction complies with the current law and regulation, the terms of the transaction, as well as the deed and effects of the conclusion, fulfillment, or termination of the agreement, including as pertains the loan repayment, nor the Operator considers the User’s claims on nonperformance (improper performance) of the Lender’s obligations under such an agreement.

4.2.6. The Operator shall give no guarantee of granting loans by the Lenders upon generating the Application by the User, but only selects most probable options of lending (offers) and also send the Application for consideration of prospective Lenders. It is the Lender who makes a decision on granting the loan. No data on the Lenders’ financial products (offers) provided by the Operator in the Report to the User shall be an offer for provision of financial services.

4.2.7. Legal Services should be based on the norms of the current applicable legislation and/or established judicial and law enforcement practice. When providing Legal Services, the Operator has the right to use the works of other lawyers, authors, scientists, subject to compliance with the norms of copyright protection legislation.

4.2.8. In order to receive Legal Services, the User is obliged to provide the Operator with all the necessary information on the User's question/situation.

At the same time, in order to clarify all the circumstances of the User's situation / question, the Operator has the right to ask the User additional questions, as well as interview the User. The Operator's obligations to provide the User with a high-quality Legal Service are counter to the User's obligation to provide the Operator with all necessary information on the User's issue/situation and (or) to provide assistance. If the User does not answer additional questions within 24 hours, the Operator provides a Legal Service based on the information available to him.

In free Legal Services, the Operator has the right to provide basic information on the User's question/situation, based only on the information that the User has provided.

4.2.8.1. Legal Services in the form of preparation of legal documents can be provided by the Operator through smart templates (configurator of legal documents).

To obtain such a Legal Service, the User shall perform the following actions sequentially:

1) select on the Website or in the Personal User Account the required document template from among those posted by the Operator;

2) fill in all the fields of the Operator's questionnaire with the necessary data;

3) when providing a paid Legal Service, pay for it in the amount specified by the Operator in the Personal User Account (unless otherwise specified by the Operator);

4) receive the generated document and (if necessary) download or send it via email.

4.2.9. The Operator shall service the User on a 24/7 basis, except in cases of preventive maintenance. The Operator’s actions in furtherance of fulfillment of this Agreement that are not in automatic mode shall be conducted on weekdays.

4.2.10. The procedure for interaction of Users with the Settlement Bank when paying for the Operator's Services and using the Service is determined in accordance with agreements between the User, the Settlement Bank, and other persons interacting when making payments using the Service. The User enters into such agreements by accepting the offers of the relevant Settlement Participants. By entering into this Agreement, the User accepts the offers of the relevant Settlement Participants, including the Settlement Bank's offer, otherwise the User undertakes not to use the functionality of the Service in order to receive the Operator's Services.

4.2.11. Using a mobile phone number to identify the User and to express the User's will - a mobile phone, computer or other device with similar functionality generates legal consequences for the User similar to the use of a handwritten signature, and all electronic messages (E-documents) sent by the User and the Operator to each other and related to the fulfillment of the terms of this Agreement and the use of the functionality of the Service are recognized as documents, compiled in simple written form and signed by the User's E-signature.

4.2.12. An Electronic document is considered to be signed by the User's E-Signature in one of the following ways:

4.2.12.1. An Electronic document is created and (or) sent via the Website / Personal Account by entering a one-time password into a special form (field) if such a method of signing an Electronic document is provided by the Operator by offering to fill in such a special form (field);

4.2.12.2. An Electronic document is created and (or) sent via the Website / Personal Account by entering the User's login and (or) password into a special form (field) in cases where such a method of signing an Electronic document is provided by the Operator by offering to fill in such a special form (field);

4.2.12.3. SMS messages with or without a text pre-determined by the Operator are sent from the User's confirmed phone number if such a method of signing an Electronic document is provided by the Operator;

4.2.12.4. An Electronic document is created and (or) sent via the Personal Account without entering any data into a special form (field) in cases where such a method of signing an Electronic document is provided by the Operator through the absence of a proposal to fill in such a special form (field). With such a method of interaction, all actions performed by the User are recognized by the Parties as an unambiguous and indisputable confirmation of the performed actions and transactions, sent messages, demands and notifications directly by the User;

4.2.12.5. From the confirmed phone number of the User, during a telephone conversation with the Operator's representative, a certain key (digit) of the phone was pressed in tone mode in cases where such a method of signing an Electronic document is provided by the Operator.

4.2.13. It is allowed to sign several Electronic documents combined into one package of documents by one E-signature. At the same time, each Electronic document from the package of documents is considered signed by the E-signature as a separate document.

4.2.14. The User may sign by the E-signature and send to the Operator only those Electronic documents in respect of which the Operator provides the possibility of their formation (creation) and sending, including by filling out the appropriate electronic form, followed by certification of the User's E-signature. It is not allowed for the User to independently determine the types of documents and messages for signing by the E-signature and exchanging electronically.

4.2.15. The User is obliged to ensure that his mobile phone number specified during registration on the Website in accordance with clause 4.1.2 of the Agreement supports the function of receiving SMS messages. In addition, the User undertakes to subscribe to the SMS service from his mobile operator, as well as to notify the Operator in a timely manner of a change in the mobile phone number. The User confirms that he has been notified that the mobile operators may charge for the transmission of SMS messages, and that settlements with the mobile operator in this case are the responsibility of the User.

5. Rights and Obligations of the Parties.

5.1. Rights and Obligations of the Operator:

5.1.1 The Operator shall provide the User with an opportunity of the round-a-clock access to the Website, as well as to the Personal Account using Authorization data.

5.1.2. The Operator shall be entitled to check and previously moderate the Information disclosed by the User.

5.1.3. The Operator shall consider all Applications and present the corresponding Reports provided that the User read and understood the terms of this Agreement and duly completed the Application.

5.1.4. The Operator shall notify the Users of any amendments to the terms of this Agreement by publishing the latest version on the Website.

5.1.5. The Operator shall have the right to block the User if the latter failed to observe the provisions hereof.

5.1.6. The Operator may suspend the operation of the Website and/or the Service, as well as hardware and software ensuring interaction between the Parties within the scope of this Agreement, if any essential faults, errors, or failures are detected, as well as for the purpose of preventive maintenance and prevention of unauthorized access.

5.2. Rights and Obligations of the User:

5.2.1. The User shall observe the rules of this Agreement.

5.2.2. The User shall provide reliable Information upon registration on the Website and thereafter.

5.2.3. The User shall agree neither to reproduce, reduplicate, copy, sell, or resell, nor use for any business purposes any parts of the Service unless the Operator gave the User a written consent thereto.

5.2.4. The User shall access the Website using its Authorization data only from a single device at a time.

5.2.5. The User shall independently and in due time read the Information about changing the Tariffs and terms of this Agreement posted on the Website.

5.2.6. The User shall pay for the paid Services according to the Tariffs, within the time limit and under the terms established by the Operator.

5.2.7. In order to minimize the risk of illegal financial transactions by third parties on behalf of the User as a result of unauthorized access, the User undertakes to comply with the following recommendations on information protection:

  • not to disclose Authorization data and one-time password information to any third parties, as well as to take all measures necessary to keep this information confidential;
  • not to transfer to third parties a SIM card that provides the possibility of using the User's mobile phone number, as well as to take all measures necessary to ensure that third parties do not get the opportunity to use the specified SIM card without the User's control;
  • not to provide third parties with access to the equipment from which the User performs actions in the Service, and access to the Service (Personal Account) without the User's control.

5.2.8. The User shall have the right to file claims with the Operator and send applications according to the procedure and in the events provided for by this Agreement.

5.2.9. When using the Service, the User does not have the right to:

5.2.9.1. upload, send, transmit or in any other way post and/or distribute content that is illegal, malicious, defamatory, offends morality, demonstrates (or is propaganda) of violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination of people on racial, ethnic, sexual, religious, social grounds, contains insults against any persons or organizations, contains elements (or is propaganda) of pornography, child eroticism, it is an advertisement (or is propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons;

5.2.9.2. impersonate another person or a representative of an organization and/or community without sufficient rights to do so, including as employees of the Operator, as moderators of forums, as the owner of the site, as well as use any other forms and methods of illegal representation of other persons on the network, as well as mislead users or the Operator about the properties and the characteristics of any subjects or objects.

5.3. The User acknowledges and agrees that the Operator is not obliged to view any kind of content posted and/or distributed by the User via the Service, as well as that the Operator has the right (but not the obligation) at its sole discretion, refuse to post and/or distribute content to the User or remove any content that is available via the Service. The User understands and agrees that he shall independently assess all risks associated with the use of the content, including assessing the reliability, completeness or usefulness of this content.

5.4. The User understands and agrees that the technology of the Service may require copying (reproduction) of the User's content, as well as processing it to meet the technical requirements of the Service.

6. Cost of the Services and Payment Procedure

6.1. Unless otherwise specified by the Operator on the Website, the Services are paid. The Operator shall establish the cost of the Operator’s paid Services in the Tariffs published on the Website, or placed in the Personal User Account (at the discretion of the Operator).

6.2. The Operator shall have the right to alter unilaterally, fully or partially (i.e. to increase, decrease), establish new Tariffs, and/or cancel the existing ones. If the User does not agree with the alteration (enforcement) of the new Tariffs, he may unilaterally withdraw from such Services.

6.3. The User shall pay the fee in advance in the manner prescribed for the relevant Tariff and published on the Website in the Tariffs section or (if applicable) posted in the Personal User Account. Other payment procedure is possible if provided for by the terms of sales promotion (offer) at the moment of confirmation using the Application Service.

6.4. The User shall pay for Operator’s Services:

  • using a bank card via the Website
  • by any other methods as preliminary agreed with the Operator, including the use of online technologies not conflicting with the law).

6.4.1. When paying for the Operator's Services using a bank card, payment processing (including entering the card number) takes place on a secure payment page of the Settlement bank. This means that the User's bank personal data (card details, registration data, etc.) are not received on the Website, processing of these data is fully protected and no one, including the Operator, can access the User's bank personal data.

6.5. By accepting the terms of this Agreement in accordance with the procedure provided for in paragraph 3.2 of this Agreement, the User is aware and agrees that when making a payment from the payment source (bank account, mobile phone account) of the User, subject to insufficient funds on such account to make a payment, the User may be offered a microloan on the terms specified in an offer to provide a microloan, a link to which is sent to the User separately in a SMS message with a proposal to issue a microloan. The User also agrees that the information about the User necessary for making a decision on granting a microloan is processed by the person providing the microloan until the User is sent an offer to provide a microloan.

6.6. When the Services are provided, no Service Delivery Certificate is generated or signed. The Services shall be deemed duly provided and accepted by the User in full unless the Operator obtained from the User any written reasoned objections in respect of quality of the Services rendered within one calendar day upon expiry of the term of service provision, to the email: [email protected] If there is no written objection within the period specified, the Services shall be deemed of proper quality.

6.7. The Operator returns funds to the User only to that payment source (bank (payment) card, etc.) via which the payment for the Operator's Services was made. If, for any reason, the User needs to receive funds to other payment source, via which the payment for the Operator's Services was made, the User shall notify the Operator about this at [email protected] and act according to the algorithm of actions presented by the Operator.

6.8. Within 5 (five) business days the Operator considers the User's request for a refund. After the expiration of the specified period, the Operator decides to refund the funds to the User or to refuse to refund them to the User. The User hereby fully understands that the final deadline for the refund of funds depends on the Settlement Participants of that payment transaction for the refund of funds to the User.

6.9. When providing paid Services to the User by subscription, the User has the right to refuse the paid Services of the Operator (to unsubscribe) at any time – however, there are no refunds for cancellation. To cancel the subscription, the User shall log in to the Personal Account, go to “Settings” and cancel the subscription (perform all the necessary actions in this regard).

6.10. If, for any reason, the User does not have the opportunity to perform the actions specified in clause 6.9. hereof, the User shall inform us about it at [email protected]

6.11. By unsubscribing (refusing the Operator’s paid Services), the User refuses to fulfill this Agreement in terms of providing those paid Services.

6.12. Other Settlement Participants have the right to charge a commission from the Users of the Service, the amount of the commission is set by the Settlement Participants themselves. The User is informed about the total amount of payment (indicating commissions) to be paid by the User when paying for the Operator's Services in SMS messages sent to him, email messages, or by other methods established by the Settlement Participants.

7. Personal data

7.1. By placing his personal data, any other data and details on the Website, the User shall confirm that he has read, understood and agrees with the Privacy Policy, and also provides the Operator with Consent to the processing of personal data for the purpose of fulfillment of this Agreement.

7.2. What data, for what purposes, based on what grounds and how long Operator processes the data are defined in the Privacy Policy.

7.3. In order for the Operator to provide the Service to the User, when he provides the Operator with information, the last one will share that information with Providers and Lenders to enable certain functionality on the Website or via the Service.

7.4. The User’s use of the Service and the features may require the collection and transfer of his personal data in order to provide him with the functionality of the Service. The User authorizes the Operator to transfer personal information to Providers and Lenders. The Operator may send the User’s request or application information to the Lender to expedite your application submission process with the Lender (e.g., when the User has provided his information and press “Continue” or similar button on the Website, the Operator may select a Lender for the User and he is directed to the particular Lender’s website). By clicking “Continue,” or otherwise continuing the application process on the Website the User authorizes the Operator to transfer information for such purpose.

The User represents, warrants, acknowledges and accepts that by providing personal data to the Operator and continuing the process on Website the User (i) acts affirmatively and consents to be automatically redirected to environments (e.g. websites) of Lender(s) or matched offer(s) of Lender(s) and (ii) based on the User’s data, the Operator may match the User with a specific Lender and the User may be automatically redirected to that Lender’s environment (e.g. website). The User hereby represents and warrants that the Operator has all required consents and authorizations to match the User with a Lender’s offer or redirect he to Lender’s environment. After such redirecting, the User is free to choose if he wants to use any services or products of such Lender or not. The User represents, warrants, acknowledges and agrees that such redirecting he will be solely responsible for choosing and using the products and services of any Lender and the User has carefully studied and understood the obligations, terms and conditions which relate to the products and services of a Lender which the User chooses to use.

8. Liability of the Parties

8.1. For nonperformance or improper performance of the provisions of this Agreement, the Parties shall be held liable as stipulated herein. In no event neither the Operator nor its affiliates, directors, officers, employees, or shareholders (partners) shall be responsible to, or liable to the User, or any third party for any damages, including, but not limited to, incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, as a direct or indirect result of:

(i) ignorance, non-compliance, breach or violation by the User of the terms and conditions of this Agreement;

(ii) the User’s access and use of the Website, the Service (including its individual parts);

(iii) the User’s delay in accessing or inability to access or use the Website, the Service (including its individual parts) for any reason;

(iv) downloading by the User of any of the content or the collective work for use by the User;

(v) the User’s reliance upon or use of the content or the collective work;

(vi) the User's negligent attitude to security measures and protection of personal and other User data;

(vii) obtaining unauthorized access by a third party to the Personal Account, personal and other data of the User;

(viii) the User could not be reached, as well as non-delivery by communication systems and untimely reading, as well as non-reading by the User of SMS messages and (or) emails sent by the Operator;

(ix) the inability of the User to fulfill the obligations assumed due to the unreliability, insufficiency and untimely provision by the User of the information requested by the Operator/by the Service, or as a result of the User's violation of the terms of the Agreement;

(x) achieving any results of implementation of the information disclosed to the User in the Report. The User shall use any information provided by the Operator in respect of the Lenders’ offers at its own risk;

(xi) incompliance of the Service provided with the User’s expectations and/or for its perceptions; such incompliance with expectations and/or negative perceptions shall not constitute grounds to consider the Services of bad quality or insufficient, or

(xii) any information, software, products or services obtained through the Services, or otherwise arising out of the use of the Services, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if the Operator and/or its suppliers had been advised of the possibility of damages.

8.2. According to the conditions, reservations and restrictions specified in the Agreement, the Operator is liable only for intentional, documented real damage caused as a result of the proven fact of non-fulfillment of obligations by the Operator, which occurred through the fault of the Operator.

The liability of the Operator and the liability of its affiliates, directors, officers, employees, independent contractors, shareholders (partners), representative, and agents arising out of this Agreement shall not exceed $100.

8.3. The Operator shall moderate the Information placed by the User, however, it shall not be held liable for the consequences of the User’s failure to comply with the requirements stated in paragraphs 4.1.3 to 4.1.6 of this Agreement. The User specifically acknowledges that the Operator shall not be liable for User generated content or the defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from such User generated content and third-party conduct rests entirely with the User.

8.4. The User agrees that the Service provided by the Operator may be a protected intellectual property.

8.5. The text content (articles, publications publicly available on the Website) may be distributed if an active link to the Website is available.

8.6. The Operator shall not be held liable for any acts or omission of the Lenders granting the loan, as well as for any information or any data on granting the loan disclosed by the Lender. The Lenders shall make a decision on granting the loan, the Operator not giving a guarantee of granting loans or credits, but only selecting the most possible options for lending.

8.7. The User and the Operator agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

8.8. If the User discovers the shortcomings of the Operator's Service provided, the User has the right, on the basis of a written claim sent at [email protected], to demand the Operator's gratuitous elimination of the shortcomings of the Service provided.

The Operator, based on the User's written claim about the shortcomings of the Service provided, eliminates the shortcomings within 15 (fifteen) working days from the moment the Operator receives the User's written claim.

8.9. Provisions of this Agreement shall not exclude or limit the Operator’s responsibility for the infliction of loss to the extent that such responsibility may not be excluded or limited.

8.10. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above disclaimers, exclusions or limitations may not apply to the User.

9. Legal Disputes

9.1. The User and the Operator agree that any claim or dispute at law or equity that has arisen or may arise between them relating in any way to or arising out of this or previous versions of this Agreement, the User’s use of or access to the Website and the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section.

9.2. Applicable Law. The User agrees that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between the User and the Operator, except as otherwise stated in this Agreement.

9.3. Dispute Resolution by Binding Arbitration. Class Action Waiver. In the interest of resolving disputes between the User and the Operator in the most expedient and cost-effective manner, the User and the Operator agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. The User acknowledges and agrees that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

THE USER UNDERSTANDS THAT BY ENTERING INTO THIS AGREEMENT, THE USER AND THE OPERATOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

a) Claims To Be Resolved By Binding Arbitration. The User and the Operator agree to arbitrate all disputes and claims between them. This Agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between them, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Agreement; claims that are currently the subject of purported class action litigation in which the User is not a member of a certified class; and claims that may arise after the termination of this Agreement.

b) Exceptions. Notwithstanding Section 9.3 (A), the User and the Operator agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

c) Arbitrator. Any arbitration between the User and the Operator will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Operator.

d) Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Operator should be addressed to: 12 South Bridge, Suite 1, Edinburgh, Scotland, EH1 1DD, United Kingdom and [email protected] (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the User and the Operator do not reach an agreement to resolve the claim within 30 days after the Notice is received, the User and the Operator may commence an arbitration proceeding.

e) No Class Actions. Unless both the User and the Operator agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

THE USER AND THE OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HIS OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

f) Modifications. If the Operator makes any future change to this Agreement to Arbitrate (other than a change to the Notice Address), the User may reject any such change by sending the Operator written notice within 30 days of the change to the Notice Address provided above. The User acknowledges and agrees that, in the event he rejects any future change, the Personal Account shall be immediately terminated and he will arbitrate any dispute between the User and the Operator in accordance with the language of this provision.

g) Severability and Enforceability. If an arbitrator or court decides that any part of this Section 9.3 is invalid or unenforceable, the other parts of this Section 9.3 shall still apply. If the entirety of this Section 9.3 is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section 9.2 shall govern any action arising out of or related to this Agreement, and that the remainder of the Agreement will continue to apply.

10. Intellectual Property and User Content

10.1. All objects accessible via the Service, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter referred to as the content of the Services), as well as any content, posted on the Service are objects of the exclusive rights of the Operator and other copyright owners.

10.2. The Service is protected by applicable copyright and other intellectual property laws, and no materials from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Service belong to the Operator, except third-party trademarks or service marks, which are the property of their respective owners. The User represents and warrants that he owns or otherwise has the right to use any content he posts to the Service. If the User believes that his content has been used in a way that constitutes copyright infringement, the User may contact: [email protected]

The User must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that the User claims has been infringed; a description of where the material that the User claims is infringing is located; the User’s address, telephone number, and email address; a written statement that the User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by the User, made under penalty of perjury, that the above information in the User’s notice is accurate and that the User is a copyright owner or authorized to act on the copyright owner’s behalf. The Operator has adopted and implements a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of the Operator or others.

10.3. The User may use the elements of the Service content, as well as any content for personal non-commercial use, only if all copyrights, related rights, trademarks, other notices of authorship are preserved, the name (or pseudonym) of the author/ name of the copyright owner is preserved unchanged, the corresponding object is preserved unchanged.

11. Modification of the Services

11.1. The Operator reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to the User. The User agrees that the Operator will not be liable to the User or to any third party for any modification, suspension, or discontinuance of any of the Services.

12. Miscellaneous

a) Entire Agreement. This Agreement, together with the Privacy Policy constitute the entire and exclusive understanding and agreement between the User and the Operator regarding the User’s use of and access to the Services, and supersede all other previous agreements, understandings and/or representations regarding the same.

b) No Waiver. The failure to require performance of any provision shall not affect the Operator’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

c) Paragraph Headers. Use of paragraph headers in this Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions.

d) Severability. In the event that any part of this Agreement is held to be invalid, unlawful or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

e) Partner Terms. In some instances, the Operator’s third party partners require that the Operator’s users agree to be bound by some additional terms of use that are specific to particular products or services (“Partner Terms”). In the event of any conflict between the Partner Terms and this Agreement, this Agreement governs and controls.

13.Notice to California Users

13.1. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the service.

14. The Operator Customer Service

14.1. To contact the Operator with questions or suggestions about the Service please email at [email protected]