Updated on 23rd November, 2020
1. USED TERMS AND DEFINITIONS
This Website of DENARIUS INVEST user agreement. The Agreement is concluded in the form of remote access contract between the User and DENARIUS INVEST about conditions of using the Website of DENARIUS INVEST and the User’s Profile.
AML Rules -
Rules on Procedure for the Prevention of Money Laundering and (or) Terrorism Financing approved by DENARIUS INVEST for the determination of the identity of the User and for the prevention of money laundering and terrorism financing.
Appropriateness Test -
A test conducted by DENARIUS INVEST during which DENARIUS INVEST determines whether a type of investing possible in the Platform is appropriate for an Investor.
Assignment Notice -
A notice delivered by DENARIUS INVEST to a Lender and a Debtor by the procedure provided in article 12.6 of the Agreement after the delivery of which all Due Claims arising from the Loan Agreements relating to the funding of the relevant Project against the Debtor are deemed to be automatically assigned to DENARIUS INVEST as specified in the Assignment Notice.
Auto invest -
An automatized a Loan granting process by the User via the Platform based on the criteria set by the User.
A person who is registered as a DENARIUS INVEST’s User in its capacity as a Borrower, whose identity DENARIUS INVEST has verified in a manner prescribed by DENARIUS INVEST and who has made a Loan Request or (in the context of a Loan Agreement already entered into) the Borrower who had made the Loan Request pursuant to which that Loan Agreement was entered into.
Borrower’s Account -
Any current account opened in the name of the Borrower with a credit establishment or authorized payment service provider registered in EU or EEA, or a branch of such credit establishment or authorized payment service provider.
Borrower‘s Reliability Assessment -
An assessment of the Borrower conducted by DENARIUS INVEST prior allowing it to request funding for a Project via the Platform in accordance with DENARIUS INVEST’s internal procedures.
DENARIUS INVEST -
|DENARIUS INVEST LIMITED, registration number: 677077, legal address: legal address: 51 Bracken Road Sandyford Business Park, Dublin 18, D18 CV48, Ireland.|
DENARIUS INVEST’s Account
DENARIUS INVEST’s account determined on the Website of DENARIUS INVEST for transferring of the funds for services provided by DENARIUS INVEST in accordance with Price List.
A Borrower who does not perform or is late in performing obligations arising from the Loan Agreement.
Due Claims -
All claims arising from Loan Agreements relating to the funding of the relevant Project that have fallen due.
European Economic Area.
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR).
Guarantee Agreement -
Agreement concluded between the Platform and the Borrower’s shareholder/shareholders providing the shareholder’s responsibility for duly fulfillment of the Borrower’s obligations under corresponding Loan Agreement/Agreements.
The remuneration paid by the Borrower for use of the Loan under the Loan Agreement. The Interest is calculated based on the Interest Rate and amount of the Loan granted by the User under corresponding Loan Agreement. The Borrower must pay Interest in accordance with conditions of the Loan Agreement and schedule (if any) that is an integral part of the Loan Agreement.
Interest Rate -
Remuneration for use of the Loan amount by the Borrower, expressed as a percentage and specified in the Special Conditions of the Loan Agreement.
The User/Lender who intends to grant the Loan to the Borrower.
Laws and Regulations -
Laws, regulations and international agreements that have legal force in the Republic of Ireland.
Lemon Way -
Lemonway, a French SAS (simplified joint-stock company), registration number: 500486915, address: 8, rue du Sentier, 75002 Paris, France, approved on 24 December 2012 by the Prudential Supervisory and Resolution Authority (“ACPR”) as a payment institution.
The User who on the basis of the Loan Agreement has granted the Loan to the Borrower.
Funds granted to the Borrower by the Lender in accordance with the Loan Agreement.
Loan Agreement -
Commutative contract concluded between the User as the Lender and the Borrower, on the basis of which the Lender grants to the Borrower funds (the Loan), but the Borrower is obliged to refund the Loan and Interest for the Loan use in accordance with terms and conditions of the Loan Agreement.
Loan Request -
A request submitted on the Platform by the Borrower making an offer to the Investors to enter into a Loan Agreement.
Loan Servicing -
Totality of actions taken by DENARIUS INVEST in relation to the entering into the Loan Agreement, transfer of funds to the Borrower and to the Investor, storage of concluded Loan Agreements and Guarantee Agreements, as well other actions stipulated on the Website of DENARIUS INVEST.
Loan Servicing Fee -
A fee that is payable to DENARIUS INVEST monthly for so long and until the principal amount of the Loan Agreement/Agreements is repaid and any accrued Interest is paid to the Lender/Lenders in full, and the Borrower has performed all other financial obligations arising from or based on the Loan Agreement.
Loan Transaction Fee -
A fee paid to DENARIUS INVEST from the Loan amount immediately before the transfer of the Loan amount to the Borrower’s Account in accordance with paragraph 17.
Maximum Amount of the Funding Target -
Maximum level of funding (Loans) to be raised for a Project through DENARIUS INVEST as specified in the Loan Request.
Minimum Amount of the Funding Target -
Minimum level of funding (Loans) to be raised for a Project through DENARIUS INVEST as specified in the Loan Request.
On-boarding Fee -
A one-time payment payable to DENARIUS INVEST by the Borrower for the implementation of the audit before DENARIUS INVEST starts to provide services to the Borrower. Amount of On-boarding Fee shall be determined by DENARIUS INVEST individually for each Borrower.
DENARIUS INVEST LIMITED and the User.
Politically exposed person – a person who in the Member State or third country holds or has held a prominent public office, including a higher official of the public authority, a head of the State administrative unit (local government), the Head of the Government, the Minister (the Deputy Minister or the Deputy of the Deputy Minister if there is such an office in the relevant country), the State Secretary or other official of high level in the government or State administrative unit (local government), a Member of Parliament or a member of similar legislation entity, a member of the management entity (board) of the political party, a Judge of the Constitutional Court, a Judge of the Supreme Court or of the court of other level (a member of the court authority), a council or board member of the Supreme Audit Institution, a council or board member of the Central Bank, an ambassador, a chargé d`affaires, a high-ranking officer of the armed forces, a council or board member of a State capital company, a head (a director, a deputy director) and a board member of an international organisation, or a person who holds equal position in such organization.
Marketplace located at https://denainvest.com/ maintained by DENARIUS INVEST.
Price List -
Prices of DENARIUS INVEST for the Loan Servicing and other services provided by DENARIUS INVEST stipulated on the Website of DENARIUS INVEST, that shall be paid by the User for the Loan Servicing and/or other actions taken by DENARIUS INVEST.
A business project for which the Borrower aims to obtain a Loan/Loans through the Platform.
Registration Application -
An application filled in by an individual or a legal person on the Website of DENARIUS INVEST in order to register as a User.
Syndication Period -
The period during which acceptances by the Investors can be given in respect of the Loan Request.
Third Party -
Any individual or legal person that is not the Party to this Agreement.
An aggregation of the User’s free will and activities, as the result of which an electronic document is created and confirmed in the User’s Profile and the User acquires the rights of certain content.
Transaction Account -
Special account opened with Lemon Way (or other DENARIUS INVEST’s partner – payment service provider) in the name of DENARIUS INVEST in order to store the Lender’s funds for further transfer to the Borrower under the Loan Agreement or vice versa. The Lender’s funds are kept separately from DENARIUS INVEST’s property.
An individual or a legal person registered on the Website of DENARIUS INVEST and is using or interested in using the Platform’s services.
User’s Account -
Any current account opened in the name of the User with a credit establishment or authorized payment service provider registered in EU or EEA, or a branch of such credit establishment or authorized payment service provider.
User’s Identification Number -
A unique identification number, generated on the Platform and assigned to the User, intended for identification of the User while using the Platform’s services.
User’s Profile -
A work platform of the registered User on the Website of DENARIUS INVEST and available to the User upon registration on the Website of DENARIUS INVEST after the User has logged into the Website of DENARIUS INVEST by use of its e-mail and password.
User’s Posting Account -
An account created and maintained by DENARIUS INVEST for each User on the User’s Profile on the Website of DENARIUS INVEST for conclusion of the Agreement and the Loan Agreement. This account is intended for use of the Platform’s services in accordance with the Agreement.
Website of DENARIUS INVEST -
Website of the Platform in Internet with address https://denainvest.com, where individuals and legal entities can register as Users and create a User’s Profile, and where all the necessary information on the Platform’s services is provided.
2. GENERAL PROVISIONS
3. REGISTRATON OF THE USER ON THE WEBSITE OF DENARIUS INVEST
4. IDENTIFICATION OF THE USER
5. THE USER’S POSTING ACCOUNT
6. FUNDING OF PROJECTS
7. CONCLUSION OF LOAN AGREEMENTS
8. CONCLUSION OF LOAN AGREEMENTS THROUGH AUTO INVEST
(not applicable at the moment!)
9. MATTERS RELATED TO PERFORMANCE OF A LOAN CONTRACT
10. CONFIRMATION OF TRANSACTIONS IN DENARIUS INVEST
11. PAYMENT AND CALCULATION PROCEDURE
12. PAYMENT DEFAULTS AND OTHER BREACHES
13. AMENDMENTS TO THE AGREEMENT AND THE LOAN AGREEMENT
14. RIGHTS AND OBLIGATIONS OF THE USER
15. RIGHTS AND OBLIGATIONS OF DENARIUS INVEST
16. TRANSFER OF RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT AND THE LOAN AGREEMENT
17. DENARIUS INVEST’S FEES AND COSTS
19. LIABILITY OF THE PARTIES
20. CONFIDANTIALITY AND THE USER’S PERSONAL DATA
21. TERMINATION OF THE AGREEMENT
22. DISPUTES SETTLEMENT AND APPLICABLE LAW
23. OTHER CONDITIONS