Common use of USER’S RIGHTS AND OBLIGATIONS Clause in Contracts

USER’S RIGHTS AND OBLIGATIONS. 9.1. The User shall undertake: 9.1.1. not to use the Investment Platform for illicit conduct, including fraud and money laundering; 9.1.2. upon registration on the Investment Platform and when using the Investment Platform, to provide only true information; 9.1.3. to use only secure means and devices of electronic communications and data transfer; 9.1.4. to promptly, however no later than within 3 (three) Business Days, to inform Viainvest in writing, if User's name, surname, e-mail address, User’s Bank Account number or other information provided on the Investment Platform, change; 9.1.5. in communication with Viainvest, exercise decency and observe generally accepted behavior standards. 9.2. By confirming the present Terms and Conditions, the User asserts that it is capable of making decisions on purchases of Right to Claims and concluding Assignment Agreements, as well as that it understands all risks including the risk not to recover the Right to Claim or a part thereof. 9.3. The User is aware of and understands that third parties, who have obtained the User's password, can access the Investor’s Account and assume obligations on behalf of the User. If the Investor’s Account is used to carry out activities on the Investment Platform (including buying Right to Claim) using a correct User's e-mail address and password, it shall be considered that the activities with the respective Investor’s Account have been performed by the User itself. 9.4. The User shall ensure that there are sufficient funds on the Investor’s Account for performing payments. If the funds on the Investor’s Account are insufficient, Viainvest does not execute the payment and/or Investment. Viainvest shall not be held liable for losses, which the User might suffer in this regard. 9.5. The User understands and is informed that Viainvest and the Loan Originator have an obligation to ensure the confidentiality of the Borrowers' personal data, therefore Viainvest and the Loan Originator, in the scope of the Assignment Agreement, shall disclose only a limited content information about the Borrower. The User shall not request Viainvest and the Loan Originator to disclose such confidential information about the Borrower, and shall not make any complaints against Viainvest, the Loan Originator and the Borrower in this regard. 9.6. The User (Assignee), during the validity period of the Assignment Agreement, shall not contact the Borrower in respect of the concluded Assignment Agreement and transferred Right to Claim, including shall not visit the Borrower at its residence or business location, not communicate with them, using means of prompt communication or social networks, not request from the Borrower any payments without the assistance of Viainvest and the Loan Originator, not make any claims against the Borrower and not initiate any claims in court or a court of arbitration against the Borrower. 9.7. Upon request of Viainvest to submit addition documents or information in cases prescribed by this Agreement (such as Section 3), the User shall ensure that all required documents and information should be submitted via e-mail or uploaded in the user’s Account for further disposal of Viainvest in English.

Appears in 6 contracts

Samples: Regulations of the Investment Platform, Regulations of the Investment Platform, Regulations of the Investment Platform

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USER’S RIGHTS AND OBLIGATIONS. 9.18.1. The User shall undertake: 9.1.18.1.1. not to use the Investment Platform for illicit conduct, including fraud and money laundering; 9.1.28.1.2. upon registration on the Investment Platform and when using the Investment Platform, to provide only true information; 9.1.38.1.3. to use only secure means and devices of electronic communications and data transfer; 9.1.48.1.4. to promptly, however no later than within 3 (three) Business Days, to inform Viainvest Mintos in writingwriting or on the Platform, if the User's ’s name, surname, company name, details of the authorized representative (in case of legal entities), e-mail address, User’s 's Bank Account number or other information provided on the Investment Platform, changePlatform about the User changes; 9.1.58.1.5. in communication with ViainvestMintos, exercise decency and observe generally accepted behavior universal moral standards; 8.1.6. to timely submit information and documents for Mintos to perform the due diligence of the User according to Mintos KYC and AML procedures and policies. 9.28.2. By confirming the present Terms and Conditions, the User asserts that he/she/it is capable of making decisions on purchases of Right to Claims and concluding Assignment Agreements, as well as that he/she/it understands all risks including the risk not to recover the Right to Claim or a part thereof. The User understands that by assignment of the Claim security interest incorporated in the Collateral (if any) is not re-registered in favour of the Assignee and remains registered in favour of the Loan Originator. 9.38.3. The User is aware of and understands that third parties, who have obtained the User's password’s password or two factor authentification inputs, can access the InvestorUser’s Account Profile and assume obligations on behalf of the User. If the InvestorUser’s Account Profile is used to carry out activities on the Investment Platform (including incl., buying Right to ClaimClaims) using a correct User's ’s e-mail address and passwordpassword or two factor authentification inputs, it shall be considered that the activities with the respective InvestorUser’s Account Profile have been performed by the User himself/herself/itself. 9.48.4. The User shall ensure that there are sufficient funds on the Investor’s Virtual Account for performing paymentspayments that are payable for purchase of the Claims as well as for withdrawal of funds. If the funds on the Investor’s Virtual Account are insufficient, Viainvest Mintos does not execute the payment and/or Investmenttransaction. Viainvest Mintos shall not be held liable for lossesany damage or loss, which the User might suffer in this regard. 9.58.5. The User understands and is informed that Viainvest Mintos and the Loan Originator have an obligation to ensure the confidentiality of the Borrowers' personal data, therefore Viainvest Mintos and the Loan Originator, in the scope of the Assignment Agreement, shall disclose only a limited content information about the Borrower, the guarantor, the pledgor and the Collateral (if any). The User shall not request Viainvest and Mintos or the Loan Originator to disclose such confidential information about the Borrower, the guarantor, the pledgor and/or the Collateral (if any), and shall not make any complaints against ViainvestMintos, the Loan Originator and the Borrower in this regard. 9.68.6. The User (Assignee), during the validity period of the Assignment Agreement, shall not contact the Borrower in respect of the concluded Assignment Agreement and the transferred Right to Claim, including shall not visit the Borrower at his/her/its residence or business location, not nor communicate with them, using means of prompt communication messenger applications or social networksmedia, not nor request from the Borrower any payments without the assistance mediation of Viainvest and the Loan Originator, not nor make any claims against the Borrower or the Collateral (if any) and not initiate any claims in court or a court of arbitration against the Borrower. 9.7. Upon request of Viainvest to submit addition documents or information in cases prescribed by this Agreement (such as Section 3), the User shall ensure that all required documents and information should be submitted via e-mail or uploaded in the user’s Account for further disposal of Viainvest in English.

Appears in 2 contracts

Samples: Platform User Agreement, Platform User Agreement

USER’S RIGHTS AND OBLIGATIONS. 9.1. 9.1 The User shall undertake: 9.1.1. 9.1.1 not to use the Investment Platform for illicit conduct, including fraud and money laundering; 9.1.2. 9.1.2 upon registration on the Investment Platform and when using the Investment Platform, to provide only true information; 9.1.3. 9.1.3 to use only secure means and devices of electronic communications and data transfer; 9.1.4. 9.1.4 to promptly, however no later than within 3 (three) Business Days, to inform Viainvest in writing, if User's name, surname, e-mail address, User’s Bank Account number or other information provided on the Investment Platform, change; 9.1.5. 9.1.5 in communication with Viainvest, exercise decency and observe generally accepted behavior standards. 9.2. 9.2 By confirming the present Terms and Conditions, the User asserts that it is capable of making decisions on purchases of Right to Claims and concluding Assignment Agreements, as well as that it understands all risks including the risk not to recover the Right to Claim or a part thereof. 9.3. 9.3 The User is aware of and understands that third parties, who have obtained the User's password, can access the Investor’s Account and assume obligations on behalf of the User. If the Investor’s Account is used to carry out activities on the Investment Platform (including buying Right to Claim) using a correct User's e-mail address and password, it shall be considered that the activities with the respective Investor’s Account have been performed by the User itself. 9.4. 9.4 The User shall ensure that there are sufficient funds on the Investor’s Account for performing payments. If the funds on the Investor’s Account are insufficient, Viainvest does not execute the payment and/or Investment. Viainvest shall not be held liable for losses, which the User might suffer in this regard. 9.5. 9.5 The User understands and is informed that Viainvest and the Loan Originator have an obligation to ensure the confidentiality of the Borrowers' personal data, therefore Viainvest and the Loan Originator, in the scope of the Assignment Agreement, shall disclose only a limited content information about the Borrower. The User shall not request Viainvest and the Loan Originator to disclose such confidential information about the Borrower, and shall not make any complaints against Viainvest, the Loan Originator and the Borrower in this regard. 9.6. 9.6 The User (Assignee), during the validity period of the Assignment Agreement, shall not contact the Borrower in respect of the concluded Assignment Agreement and transferred Right to Claim, including shall not visit the Borrower at its residence or business location, not communicate with them, using means of prompt communication or social networks, not request from the Borrower any payments without the assistance of Viainvest and the Loan Originator, not make any claims against the Borrower and not initiate any claims in court or a court of arbitration against the Borrower. 9.7. 9.7 Upon request of Viainvest to submit addition documents or information in cases prescribed by this Agreement (such as Section 3), the User shall ensure that all required documents and information should be submitted via e-mail or uploaded in the user’s Account for further disposal of Viainvest in English.

Appears in 2 contracts

Samples: Regulations of the Investment Platform, Regulations of the Investment Platform

USER’S RIGHTS AND OBLIGATIONS. 9.18.1. The User shall undertakeundertakes: 9.1.18.1.1. not to use the Investment Platform for illicit conduct, including fraud and money laundering; 9.1.28.1.2. upon the registration on the Investment Platform and when using the Investment Platform, to provide only true information; 9.1.38.1.3. to use only secure means and devices of electronic communications and data transfer; 9.1.48.1.4. to promptly, however however, no later than within 3 (three) Business Days, to inform Viainvest Marketplace in writing, if the User's name, surname, e-mail address, the User’s Bank Account number or other information provided on the Investment Platform, changePlatform changes; 9.1.58.1.5. in communication with ViainvestMarketplace, exercise decency and observe generally accepted behavior behavioural standards. 9.28.2. By confirming the present Terms and ConditionsUser Agreement, the User asserts that it is capable of making decisions on purchases the Exposures (acquiring/purchasing of Right to Claims the Claims) and concluding Assignment Agreements, as well as that it understands all risks including the risk not to recover the Right to Claim Amount or a any part thereof. 9.38.3. The User is aware of and understands that third parties, who have obtained the User's password, can access the InvestorUser’s Profile and the User’s Virtual Account and assume obligations on behalf of the User. If the InvestorUser’s Profile and the User’s Virtual Account is used to carry out activities on the Investment Platform (including buying Right to Claimthe Exposures) using a correct User's e-mail address and password, it shall be considered that the activities with the respective InvestorUser’s Profile and User’s Virtual Account have been performed by the User itself. 9.48.4. The User shall ensure that there are sufficient funds on the InvestorUser’s Virtual Account for performing payments. If the funds on the InvestorUser’s Virtual Account are insufficient, Viainvest Marketplace does not execute the payment and/or InvestmentExposure. Viainvest Marketplace shall not be held liable for any losses, which the User might suffer in this regard. 9.58.5. The User understands and is informed that Viainvest Marketplace and the Loan Originator Creditor have an obligation to ensure the confidentiality of the Borrowers' personal data, therefore Viainvest Marketplace and the Loan OriginatorCreditor, in the scope of the Assignment Agreement, shall disclose only a limited content information about the Borrower. 8.6. The User shall not request Viainvest and the Loan Originator to disclose such confidential information about the Borrower, and shall not make any complaints against Viainvest, the Loan Originator and the Borrower in this regard. 9.6. The User (Assignee)User, during the validity period of the Assignment Agreement, shall not contact the Borrower in respect of the concluded Assignment Agreement and transferred Right to Claim, including shall not visit the Borrower at its residence or business location, not communicate with themhim, using means of prompt communication or social networks, not request from the Borrower any payments without the assistance of Viainvest Marketplace and the Loan OriginatorCreditor, not make any claims against the Borrower and not initiate any claims in court or a court of arbitration against the Borrower. 9.78.7. Upon a request of Viainvest Marketplace to submit addition additional documents or information in cases prescribed by this User Agreement (such as Section 3), the User shall ensure that all required documents and information should be submitted via e-mail or uploaded in the userUser’s Account Profile for further disposal of Viainvest Marketplace in English.

Appears in 1 contract

Samples: User Agreement

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USER’S RIGHTS AND OBLIGATIONS. 9.18.1. The User shall undertake: 9.1.18.1.1. not to use the Investment Platform for illicit conduct, including fraud and money laundering; 9.1.28.1.2. upon registration on the Investment Platform and when using the Investment Platform, to provide only true information; 9.1.38.1.3. to use only secure means and devices of electronic communications and data transfer; 9.1.48.1.4. to promptly, however no later than within 3 (three) Business Days, to inform Viainvest Xxxxxx in writingwriting or on the Platform, if the User's ’s name, surname, company name, details of the authorized representative (in case of legal entities), e-mail address, User’s 's Bank Account number or other information provided on the Investment Platform, changePlatform about the User changes; 9.1.58.1.5. in communication with ViainvestXxxxxx, exercise decency and observe generally accepted behavior universal moral standards; 8.1.6. to timely submit information and documents for Xxxxxx to perform the due diligence of the User according to Xxxxxx XXX and AML procedures and policies. 9.28.2. By confirming the present Terms and Conditions, the User asserts that he/she/it is capable of making decisions on purchases of Right to Claims and concluding Assignment Agreements, as well as that he/she/it understands all risks including the risk not to recover the Right to Claim or a part thereof. The User understands that by assignment of the Claim security interest incorporated in the Collateral (if any) is not re-registered in favour of the Assignee and remains registered in favour of the Loan Originator. 9.38.3. The User is aware of and understands that third parties, who have obtained the User's password’s password or two factor authentification inputs, can access the InvestorUser’s Account Profile and assume obligations on behalf of the User. If the InvestorUser’s Account Profile is used to carry out activities on the Investment Platform (including incl., buying Right to ClaimClaims) using a correct User's ’s e-mail address and passwordpassword or two factor authentification inputs, it shall be considered that the activities with the respective InvestorUser’s Account Profile have been performed by the User himself/herself/itself. 9.48.4. The User shall ensure that there are sufficient funds on the Investor’s Virtual Account for performing paymentspayments that are payable for purchase of the Claims as well as for withdrawal of funds. If the funds on the Investor’s Virtual Account are insufficient, Viainvest Xxxxxx does not execute the payment and/or Investmenttransaction. Viainvest Mintos shall not be held liable for lossesany damage or loss, which the User might suffer in this regard. 9.58.5. The User understands and is informed that Viainvest Xxxxxx and the Loan Originator have an obligation to ensure the confidentiality of the Borrowers' personal data, therefore Viainvest Mintos and the Loan Originator, in the scope of the Assignment Agreement, shall disclose only a limited content information about the Borrower, the guarantor, the pledgor and the Collateral (if any). The User shall not request Viainvest and Mintos or the Loan Originator to disclose such confidential information about the Borrower, the guarantor, the pledgor and/or the Collateral (if any), and shall not make any complaints against ViainvestMintos, the Loan Originator and the Borrower in this regard. 9.68.6. The User (Assignee), during the validity period of the Assignment Agreement, shall not contact the Borrower in respect of the concluded Assignment Agreement and the transferred Right to Claim, including shall not visit the Borrower at his/her/its residence or business location, not nor communicate with them, using means of prompt communication messenger applications or social networksmedia, not nor request from the Borrower any payments without the assistance mediation of Viainvest and the Loan Originator, not nor make any claims against the Borrower or the Collateral (if any) and not initiate any claims in court or a court of arbitration against the Borrower. 9.7. Upon request of Viainvest to submit addition documents or information in cases prescribed by this Agreement (such as Section 3), the User shall ensure that all required documents and information should be submitted via e-mail or uploaded in the user’s Account for further disposal of Viainvest in English.

Appears in 1 contract

Samples: Platform User Agreement

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