The purpose of these general conditions of use is to define the terms and conditions under which whimblegardens.co.uk, a simplified joint stock company with a capital of 4,910,919.00 us dollars, registered under the unique identification number 507 508 9539 RCS Nanterre , whose registered office is located at 597 Trymore Road, 56001 LEVALLOIS-PERRET, registered as a participatory investment advisor and participatory financing intermediary with the FICO under number 109901200 (hereinafter referred to as "whimblegardens.co.uk"), puts available to Visitors and Users of the website accessible at the URL whimblegardens.co.uk (hereinafter the “Website”), services and information, as well as the respective obligations of the parties in this regard.
whimblegardens.co.uk, acting as a payment agent under the REGAFI identifier 84345, provides payment accounts within the meaning of article L. 314-of the Monetary and Financial Code (hereinafter “CMF”).
Any connection to the Website is subject to compliance with these conditions.
whimblegardens.co.uk reserves the right to modify, at any time and without notice, these conditions of use in order to adapt them to changes to the Website and / or its operation. It is the responsibility of Visitors and Users to periodically consult the T & Cs in order to check if any changes have been made. If Visitors and Users continue to use and / or connect to the Website after the publication of the changes made, they are deemed to have accepted them.
These conditions are valid for an indefinite period.
In the T & Cs, the terms listed in these Terms and the first letter of which is capitalized will have the meaning indicated below, without prejudice to other definitions that may appear in these Terms.
|CGU||means these general conditions of use.|
|Payment Account||means the payment account opened by Users with Lemon Way, a simplified joint-stock company with capital of US $ 1,232,702.88, whose head office is located at 14 rue de la Beaune, 93100 Montreuil, France, registered in the register of commerce and companies of Bobigny under number 500 486 915 (hereinafter called "Lemon Way"), approved on December 24, 2012 by the Prudential Control and Regulatory Authority ("ACPR", France, website http: / /acpr.banque-france.fr/), 61 rue Taitbout 75009 San Francisco, as a Hybrid Payment Institution, under number 16 568 J, on the other hand.|
|Borrower||means a legal or natural person working in a professional context, having a Payment Account and a Personal Space, wishing to obtain financing by means of the Service.|
|Commitment||means a financial investment made by the Lender on a Project by means of the Service|
|Personal space||means the space accessible from the Website, strictly personal to the Lender or the Borrower, and access to which is subject to the provision of a personal username and password. This space allows, in particular, the effective use of the Service.|
|Minibons||refers to registered and non-negotiable securities comprising a commitment by a merchant to pay at a fixed date, issued in return for a loan and for which the regime is defined in Articles L. 223-6 et seq. of the Monetary and Financial Code.|
|Lender||means a legal or natural person, with a Payment Account and a Personal Space, wishing to provide financial assistance to a Project by means of the Service.|
|Project||refers to the project, referenced on the Website, for which the Borrower is requesting financing from the Lenders in the forms authorized by the applicable regulations with regard to the status of whimblegardens.co.uk.|
|Service||is defined in the paragraph subject of the Service.|
|User||means any person who has completed the registration procedure for the Service, as described below.|
Access to the Website and its functionalities is reserved for (i) legal entities duly constituted in countries listed in the Annex hereto and (ii) legal persons of legal age and tax resident in France.
The use and access to the Website are carried out by the User in accordance with these conditions.
whimblegardens.co.uk strives to allow permanent access to the Website, except in the event of force majeure or an event beyond the control of whimblegardens.co.uk, and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Website and its features.
Consequently, whimblegardens.co.uk cannot be held responsible in the event of total or partial access to the Website and / or its functionalities being impossible.
Technical assistance is available to the User by contacting customer service, the contact details of which appear on the Website.
A Visitor can register for the Service as a Borrower or as a Lender, subject to the procedure described below.
A single User can only have one (1) User account, i.e. one (1) single Personal Space.
Conditions common to Lenders and Borrowers
To be able to use the Service, any User must (i) hold a bank account opened in the books of a credit institution located in a country appearing in the list appended hereto, and (ii) open a Payment Account , (iii) credit his account with an amount at least equal to fifty us dollars ($ 50.00), (iv) and meet the banking regulatory requirements for validation of KYC (Know Your Customer) by the payment provider Lemon Way .
Lenders are reminded that lending money to companies presents a risk of capital loss and that this requires immobilization of the sums involved. There is a risk of non-repayment of monthly installments by the Borrower
Borrowers are reminded that a loan is a commitment and must be repaid, that they should check their repayment capacity before committing and not to borrow beyond their repayment capacity.
Conditions applicable to Borrowers
Borrowers must meet the following cumulative conditions:
In addition, Borrowers must (i) meet the criteria appearing in the registration form made available to them on the Website, (ii) where applicable, communicate the requested documents to whimblegardens.co.uk, (iii) reiterate their acceptance of the T & Cs and the framework payment services contract relating to the Payment Account, and (iv) sign a mandate in favor of whimblegardens.co.uk allowing the latter to sign the Special Conditions of the loan contracts on behalf of the Borrower, as well as in the presentation agreement that the Borrower signs electronically, if applicable, the service provision agreement relating to the issue of Minibons.
Subject to validation by whimblegardens.co.uk of its registration, a Personal Space is then made available to the Borrower via the Website, a space which is strictly personal and confidential and access to which is secured by a password. .
Conditions applicable to Lenders
Lenders must meet the following cumulative conditions:
In addition, Lenders must (i) meet the criteria appearing in the registration form made available on the Website, (ii) where applicable, communicate the requested documents to whimblegardens.co.uk, (iii) accept the T & Cs and the framework payment services contract relating to the Payment Account, (iv) meet regulatory KYC requirements, (v) electronically sign the mandate designating whimblegardens.co.uk as agent to sign the Special Conditions on their behalf and to perform the amicable and judicial recovery, (vi) and finally sign, if applicable, the agreement relating to participatory investment advice services likely to be rendered to them and more generally, subscribe to the declarations and comply with the related procedures.
Subject to validation by whimblegardens.co.uk of its registration, a Personal Space is then made available to the Lender via the Website, a space which is strictly personal and confidential and access to which is secured by a password.
The Lender expressly agrees by registering to receive all communications from whimblegardens.co.uk (namely weekly newsletter, project alert and portfolio monitoring), sent from the email address [email protected] The Lender may unsubscribe at any time for all or part of these communications by clicking on "Communication preferences" at the bottom of said communications, or by making a request to [email protected]
Purpose of the Service
whimblegardens.co.uk offers Users:
|(i)||as an intermediary in crowdfunding: a service for establishing contact, through its website of Borrowers with Lenders, with a view to the conclusion of participatory loans, in accordance with the provisions of 7 ° of article L. 511-6 of the Monetary and Financial Code, as well as the formalization of loan agreements and their subsequent management, under the conditions stipulated herein and in the loan contracts;|
|(ii)||as a participatory investment advisor: a personalized recommendation service to Lenders with regard to Projects referenced by means of the Website for which financing is requested by means of the issue of Minibons. In addition, whimblegardens.co.uk provides on an ancillary basis an assistance service relating to the subscription of Minibons by the Lenders and the keeping of the related register.|
(the service ").
Operating methods of the ServiceSelection of Projects
whimblegardens.co.uk selects the Projects which are sent to it on the basis of criteria and a procedure presented on the Website.
In addition, it is recalled that any Project must comply with the applicable regulations in such matters.
In addition, whimblegardens.co.uk reserves the right not to respond to requests from Borrowers.
For the sake of transparency, the Borrower indicates to whimblegardens.co.uk the financing (s) in repayment which have been presented by other platforms subject to the regulations applicable to crowdfunding intermediaries and to crowdfunding advisers.
Intermediation for the conclusion of participating loans in accordance with the provisions of 7 ° of Article L. 511-6 of the Monetary and Financial Code and ancillary services
As part of the execution of the Service provided by whimblegardens.co.uk as an intermediary in crowdfunding, on the basis of the information provided by the Borrowers and subject to the satisfaction of the stages and selection criteria, whimblegardens.co.uk publishes the Project on its Website. The Project describes the practical and financial terms attached to the financing sought (in particular: interest rate, amortization period and duration of the Project being put online).
A model loan agreement is published on the Website in accordance with the applicable regulations.
The Borrower irrevocably undertakes to accept the financing offers which will have been formulated by the Lenders, provided that they are strictly in accordance with the Project. To this end, he undertakes to regularize the related loan agreements.
The Borrower undertakes not to make any use, for any purpose whatsoever (and in particular in terms of commercial prospecting) of the list of Lenders who have invested in its Project, as given in Annex 1 of the loan contract. In the event of a claim, the Borrower will be solely held responsible, and will guarantee whimblegardens.co.uk against and indemnify it for any claim.
Each Borrower is directly and personally committed to all Lenders and must therefore first ensure that the operation is suitable for its own repayment capacities.
Likewise, the Lender having confirmed its intention to finance the Project is definitively committed; the sum corresponding to the loan that he intends to grant is temporarily unavailable on the Lender's Payment Account pending the end of the period for putting the Project online and the finalization of the transaction. ready. He will reiterate this commitment by signing any document that may be necessary for this purpose.
It is recalled that borrowing money from the public commits the Borrower and that any loan must be repaid. The Borrower is advised to measure the risk that it takes through its loan with regard to the criteria applicable to its activity in terms of the ratio of debt to its resources.
In the event that the funding collected through the Website is less than eighty percent (80%) of the objective set for the Project, the sums made unavailable on the Lender's Payment Account will be made available to the lender within a maximum period of forty eight (48) hours following the expiry date of the period for putting the Project online.
It is recalled that under the intermediation service for the conclusion of participatory loans, in accordance with the provisions of 7 ° of article L.511-6 of the Monetary and Financial Code, whimblegardens.co.uk does not carry out personalized recommendations for Lenders.
Personalized recommendations aimed at issuing Minibons and ancillary services
As part of the performance of the Service provided by whimblegardens.co.uk as an advisor in participatory investments, the Lender provides whimblegardens.co.uk with various information likely to enable it to inquire with the Lender of its knowledge and experience in investment, financial situation and investment objectives.
The communication of complete and fair information is an essential and decisive condition for the provision of the consulting service provided for in this paragraph.
In the light of the elements communicated, whimblegardens.co.uk will recommend or not the use of the Service to the Lender. He may also restrict the Service to certain Projects.
Personalized recommendations are provided under the conditions defined in the “investor agreement” signed with the Lender.
Any Lender may request the deletion of his Personal Space by sending a request by email to [email protected], providing proof of his identity. As a reminder, he can unsubscribe for all or part of whimblegardens.co.uk email communications via the procedure explained above. In accordance with the requirements of the RGPD, the deletion of the personal space entails the deletion of any personal data linked to the Lender's account.
whimblegardens.co.uk reserves the right to refuse or suspend access to the Service to any person who does not meet the conditions allowing the opening of a Payment Account or to any person who does not provide the elements and information allowing whimblegardens.co.uk to carry out the controls to which it is required. The same applies in the event of misuse of the Service by the User or transmission of erroneous or incomplete information.
In addition, whimblegardens.co.uk reserves the right to refuse any operation that it deems abnormal or does not correspond to the profile of the User, in particular in the event that the Lender has not met the regulatory requirements for KYC validation explained below. -haut: whimblegardens.co.uk then reserves the right to cancel the investment in progress.
In addition, whimblegardens.co.uk reserves the right to refuse the conclusion of certain transactions by means of the Service in order to comply with the regulations applicable to it.
Access to certain features of the Service is provided by means of a connection to the Users' Personal Space.
The User is the custodian of the data allowing access to the Personal Space.
Users acknowledge that they are required to carry out payment transactions induced by the use of the Service by means of Payment Accounts opened in the name of the Lender or the Borrower in the books of Lemon Way, by the intermediary of whimblegardens.co.uk, and used for the purposes of executing payment transactions within the framework of the Service.
Failing that, certain features of the Service may be restricted or inaccessible.
Consequently, Users undertake to direct all payments to be made under the Service to their Payment Accounts.
whimblegardens.co.uk is not responsible for the use of the identification elements of the User who remains solely and fully responsible for his Personal Space and its use, for the data he has communicated and for their use, and for actions and declarations made through its Personal Space, including in the event of use of its Personal Space by a third party. When a User suspects fraudulent use of the identifiers allowing access to his Personal Space, he must inform whimblegardens.co.uk as soon as possible.
The investment choices made by the Lender, including when they comply with the recommendations made by the Company, are the result of investment decisions that are specific to it and are taken under its full responsibility. As such, the Service cannot be assimilated to a portfolio management mandate.
The information and / or documents appearing on the Website and / or accessible through the Website come from the Borrowers and cannot engage the responsibility of whimblegardens.co.uk. Thus, this information and / or documents are likely to contain inaccuracies and typographical errors.
whimblegardens.co.uk reserves the right to correct them, as soon as these errors are brought to its attention.
The information and / or documents available on the Website are subject to change at any time, and may have been updated without notice.
In addition, the User is informed that whimblegardens.co.uk does not issue any guarantee regarding the electronic signature process used as part of the Service; any recourse to be exercised directly with the company that publishes this service.
The use of the information and / or documents available on this site is done under the full and sole responsibility of the User or the Visitor, who assumes all the consequences that may result from it, without whimblegardens.co.uk being able to be sought for this. title, and without recourse against the latter.
whimblegardens.co.uk cannot under any circumstances be held liable for any damage of any kind whatsoever resulting from the interpretation or use of the information and / or documents available on the Website.
whimblegardens.co.uk cannot be held liable for the default of the Borrower in fulfilling the obligations incumbent on it, in particular the obligation to reimburse the Lenders.
In any event, and unless otherwise required by law, whimblegardens.co.uk is expressly bound by an obligation of means towards Users.
The general structure of the Website, as well as the texts, graphics, images, sounds and videos, and more generally all the content composing it, are the property of whimblegardens.co.uk or its partners.
Any representation and / or reproduction and / or partial or total exploitation of the contents and functions offered by the Website, by any means whatsoever, without the prior written authorization of whimblegardens.co.uk is strictly prohibited and could constitute an infringement within the meaning of articles L 335-2 and following of the Code of intellectual property.
The "whimblegardens.co.uk" brand is a registered trademark with the INPI. Any representation and / or reproduction and / or partial or total exploitation of this mark, of any nature whatsoever, is strictly prohibited.
As part of the Service, the Borrower grants the Company the right, in particular:
to use, as part of its communication and promotion of the Site, its name as well as the name and characteristics of the Project
the right to reproduce and have the content and information provided on the Site reproduced on any network, by any process, in any known or unknown form, in association or not with other works of any kind whatsoever, provided that these operations are carried out in relation to the promotion of the Project;
represent or cause to be represented all or part of the contents of the Project;
adapt or have all or part of the contents of the Project adapted.
The Borrower also expressly authorizes the Company to ensure the promotion and / or publicity of the Project, and to disseminate with the contents advertising, commercial and / or promotional messages relating to products or services of third parties.
The Borrower also expressly accepts that the content and information provided may be used on the Website with the presence of brands or logos of the Company's partners.
The processing of personal data implemented within the framework of the Service has been declared to the National Commission for Computing and Freedoms under number 1837239.
In accordance with article 32 of the law n ° 78-17 relating to data processing, files and freedoms of January 6, 1978 as amended, and in accordance with the General Data Protection Regulation (known as RGPD), whimblegardens.co.uk, data controller, informs the User that they are processing personal data concerning them. The information communicated by the User through the forms available on the Website is intended for authorized personnel of whimblegardens.co.uk for administrative and commercial management purposes. The main purpose of the processing of this data is thus to allow access to and use of the Service by Users, the implementation of the Service by whimblegardens.co.uk and for secondary purpose the realization of commercial prospecting operations subject to of the express agreement of the User. The storage of this data will have a maximum duration of ten (10) years and may be carried out both within the territory of the European Union and outside, within the limits set by the applicable regulations.
Data identified by an asterisk are required. Otherwise, registration for the Service may not be possible or use of the Service may be delayed.
The Company specifies that the storage of information will have a maximum duration of five (5) years and may be carried out outside the European Union, within the limits set by the applicable regulations.
The User accepts and authorizes whimblegardens.co.uk to transmit to the Borrower / Lender, as well as to any trusted third party, his personal data for the purposes of the Service only.
The User has the right to access, query, modify, rectify and delete personal data concerning him.
The User also has a right to object to the processing of his personal data for legitimate reasons, as well as a right to object to this data being used for commercial prospecting purposes, and may exercise these same rights by sending an e-mail specifying your request to the address [email protected]
The User is required to comply with the provisions of law n ° 78-17 relating to computers, files and freedoms of January 6, 1978, the violation of which is punishable by criminal penalties. In particular, he must refrain from any collection, any misuse and, in general, any act likely to infringe the privacy or reputation of individuals.
The Borrower undertakes not to contact or solicit, for any purpose whatsoever (commercial or otherwise) the Lenders who have invested in his Project. Where applicable, the Borrower will guarantee whimblegardens.co.uk against and indemnify it against any claim.
The Visitor / User is informed that, during his visits to the Site, one or more cookies may be automatically installed on his browser software.
Cookies are data stored in the terminal equipment of an Internet user and used by the site to send information to the Internet user's browser, and allowing this browser to send information back to the originating site (for example an identifier session, choice of language or date). Cookies are used to store status information when a browser accesses the different pages of a website or when this browser subsequently returns to this Website.
The Visitor / User can refuse the installation of cookies by following the procedure indicated on his browser. In this case, use of the Website and access to the Service may be altered, or even impossible.
The Website may contain hypertext links to other sites on the Internet.
whimblegardens.co.uk cannot be held responsible for the content of third party sites targeted by a hypertext link.
Without the express prior authorization of whimblegardens.co.uk, it is prohibited to create a link to the Website.
The Visitor / User declares to accept the characteristics and limitations of the Internet, and in particular recognizes that:
These are governed by French law.
In the event of a possible dispute, and after the failure of any attempt to find an amicable solution, the French courts will have sole jurisdiction to hear this dispute.
"whimblegardens.co.uk - 597 Trymore Road, 56001 LEVALLOIS-PERRET"
* SEPA COM: compulsory format but only for flows in us dollars - not available for CFP