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Terms and Conditions


REGULATION

With this application I confirm that, until the moment of completing it, I am in full capacity to act and I am not under the influence of alcohol, narcotics, psychotropics or any other type of toxic substance.

I confirm that the personal data provided in the application is completely true.

I give my consent to use my personal data in accordance with the provisions of the processes dictated by the applicable regulations of Spain and I assign Instant Money SLU the rights to receive information from third parties, as well as I allow to provide my personal data to third parties parties, including companies such as Instant Money SLU Group, other companies and companies that have acquired, directly or indirectly, a significant share of the capital stock of Instant Money SLU or in which Instant Money SLU has directly or indirectly acquired participation, in addition to the treatment of my personal data in other ways (including the storage itself) to determine my creditworthiness before entering into the loan agreement. This consent will not be considered as the beginning of the loan agreement, since Instant Money SLU has not yet assessed the information provided by the user, nor has it determined the user's ability to replace the possible future loan. If Instant Money SLU makes the decision to grant the loan after completing the application, the loan agreement will be signed only and solely by the user.

TERMS AND CONDITIONS OF USE OF THE WEB PAGE

1. ACCEPTANCE

1.1. These Terms and Conditions establish the conditions that regulate the use of the information society services that Instant Money SLU makes available to Internet users through the Portal (lecomteyachts.com). The aspects related to the treatment of the personal data of the Users due to the use of the Portal are regulated in the Privacy Policy and in the Cookies Policy .

1.2. Thus, the access and use of the Portal assume that the user of the same accepts in its entirety and undertakes to fully comply with the Terms and Conditions, the Privacy Policy, the Cookies Policy, as well as the instructions or recommendations that are indicate in each specific case through the Portal.

1.3. Instant Money SLU makes these Terms and Conditions of Use of the Website available to Users so that they can learn in detail how to use the website lecomteyachts.com . Therefore, Instant Money SLU recommends that Users read them carefully before browsing the Web.

1.4. These Terms and Conditions of Use of the Website will be in force for as long as they are exposed on the Website so that, as soon as they are modified or updated, either totally or partially, these Terms and Conditions will cease to be valid, being the new ones are those that come to regulate the use of the Web. Instant Money SLU reserves the right to make, at any time and without prior notice, revisions, modifications and updates to the Website and its contents, configuration and presentation, including the Terms and Conditions, so we recommend reading them before each access and navigation through the Portal.

2. DEFINITIONS

2.1. In these terms and conditions of use of the portal, unless the context requires otherwise, the following words and expressions, if mentioned with an initial capital letter, will have the meaning indicated in Clause 2.2.

2.2. The following words and expressions with the initial capital letter will have the equivalent meaning, according to the same words and expressions in the Contract, unless otherwise defined in Clause 1.1 of these Terms and Conditions.

  • Lender / Owner of the Web - Instant Money SLU, a company duly incorporated in accordance with Spanish legislation, by virtue of the articles of incorporation dated July 22, 2016, executed before the Notary Public of California, Mr. José Blanco Losada, with the number 1,692 of its protocol, duly registered in the California Mercantile Registry, in Volume 34,993, Folio 49, Page M-629318, with Tax Identification Number B-935501605 and registered office at 1605 Harvest Lane, 25, 1º Palmdale 1, 28028 , California (Spain).
  • User / Borrower - An individual over the age of 20 and under the age of 76, with a permanent residence in Spain, who wishes to enter into a loan agreement with the Lender.
  • Contract - Means the loan contract signed between the Parties, governed by the General Conditions and the Special Conditions jointly, by which the Lender delivers a certain amount of money to the Borrower, the latter committing to return said amount on the agreed dates according to the deadlines that are agreed between the parties, thus granting a personal loan to the Borrower.
  • Terms and Conditions - These Terms and Conditions of the Lender Portal, which determine the procedure for communication and mutual exchange of information between the Parties on the portal. The rights and obligations of the parties are set out in the Contract.
  • Portal - The Lender's website (currently the holder of the domain name lecomteyachts.com), where the Borrower is identified through his Profile and where reciprocal exchanges of information and communications take place between the Parties.
  • User Profile - Borrower's personal site on the Portal, which is available after input of the borrower's email and profile password.
  • The Parties - The Lender and the Borrower.

3. CREATION AND ACTIVATION OF THE USER PROFILE

3.1. The User will create the Profile during their loan application process on the Lender's Website, this User Profile will be inactive until the User enters their email and password.

3.2. If the Borrower wishes to carry out mutual communication and exchange of information with the Lender through the profile on the Portal, the Borrower must access the Profile and activate it in accordance with the procedure specified in this section of the Terms and Conditions.

The Borrower must activate the inactive profile through the sequential performance of the following steps in the Portal:

  • enter the email and password of the Borrower's initial profile on the Portal at the specified location;
  • According to the procedure specified in the Portal, you may have to change the password of the initial Profile for a new one of your choice and it must consist of more than 8 digits as an indispensable requirement;
  • familiarize yourself with these Terms and Conditions, verify that they are understandable and accept them;
  • confirmation that, during the activation of the profile and the approval of these these Terms and Conditions, the Borrower is able to act freely and not under the influence of alcoholic beverages, narcotics, psychotropics, toxic substances and others.

3.3. After the activation of the Profile, the Lender can carry out the identification of the Borrower through the profile on the Portal, the Parties may carry out mutual communication and exchange of information and the activities carried out in the Profile will be binding on the parts.

4. IDENTIFICATION OF THE BORROWER AND PREREQUISITES FOR MUTUAL COMMUNICATION AND EXCHANGE OF INFORMATION

4.1. The Lender shall identify the Borrower in order to guarantee access and use of the Profile according to the Borrower's email address and the Profile password that the borrower has entered at the location specified in the Portal.

4.2. The Borrower shall have the right to change his email address and password in accordance with the procedures specified in the Portal.

4.3. To carry out the correct identification of the Borrower, the Lender, at its discretion, may request, at any time, from the Borrower additional documents or information proving the identity of the Borrower, as well as require the Borrower to take additional actions to verify his identity.

4.4. The activities of the Borrower, which are carried out through the profile on the Portal after the entry of the Borrower's email address and profile password, are considered as their own signature and / or acceptance of the Terms and Conditions by the Borrower. All requests, approvals, notifications, contract modifications, as well as any other documents approved or presented by the Borrower through the profile on the Portal after its validation, will be binding on the Parties and will be equivalent to the written and signed documents.

4.5. The Profile password is personal and non-transferable, so the User is solely responsible for maintaining its confidentiality and secrecy. The User agrees to retain and avoid the possibility of third parties having knowledge of it. The Borrower shall be obliged to keep his profile and password safe, as well as to change his profile password frequently.

In the event that the User forgets or loses their password, Instant Money SLU makes a password recovery system available on the Web.

4.6. If the Profile password has become vulnerable or could have been made known to third parties, the Borrower must notify the Lender of this circumstance immediately in writing or by telephone, and the Lender — in the shortest time possible — must block access to the Profile until that, based on the request of the Borrower, a new password be granted for the Profile which will remain locked until the Borrower has ordered the Lender to unlock the Profile.

4.7. The Lender shall have the unilateral right, but not the obligation, to block the Profile in cases where suspicions arise for the Lender regarding unauthorized access to the profile, including, if suspicions arise for the Lender, that the profile password has become vulnerable. or it could have been disclosed to third parties, or suspicions arose for the Lender of the performance of the illegal activities by the Borrower, as well as in other cases, at the unilateral discretion of the Lender in order to guarantee the security, integrity, confidentiality of the communication and exchange of information between the Lender and the Borrower or to avoid possible damages to the Lender, or the clients of the credit institution.

4.8. In order to maintain healthy communication and exchange of information between the Parties, the Lender, at its discretion, shall have the unilateral right at any time to request additional documents or information from the Borrower to confirm the mutual communication and exchange of information between the Parties, to require the Borrower to take additional measures to verify mutual communication and exchange of information between the Parties.

4.9. The Lender shall have the right to unilaterally withdraw from the communication and mutual exchange of information between the Parties, in these cases:

  • If the Borrower does not comply with these Terms and Conditions;
  • If the mutual communication and exchange of information between the Parties is blurred or distorted due to interference with electronic communications or faulty operations of electronic communications;
  • If the communication and mutual exchange of information between the parties is blurred or distorted due to the Internet browser or the keyboard language, which is used by the Borrower to access the Portal;
  • If the Lender is aware that the correct identification of the Borrower has not been possible and the Borrower has stopped performing the activities required by the Lender in the case specified in clause 3.2 of the Terms and Conditions;
  • The lender is certain that there has been no mutual communication and exchange of healthy or adequate information between the Parties, and the Borrower would have stopped carrying out the activities required by the lender in the case specified in clause 3.2 of the Terms and Conditions.

5. MUTUAL COMMUNICATION AND EXCHANGE OF INFORMATION BETWEEN THE PARTIES

5.1. After the activation of the Profile and identification of the Borrower, the Borrower shall have the right to carry out the exchange of communications and mutual information with the lender through the Profile on the Portal.

5.2. The Borrower, through the Profile of the Portal, may request modifications of the Contract and approve modifications of the Contract through the consecutive performance of the following actions in the Profile:

  • at its own discretion to initiate, in accordance with the procedures specified in the Portal, the modification of the Contract, by providing the information specified in the Portal;
  • obtain knowledge of the offer and modifications of the Contract provided in the Portal, which contains information on the changes provided for in the Contract in accordance with the request of the Borrower;
  • verify the completeness and accuracy of the information contained in the offer provided on the Portal and of the modifications to the Contract, and ensure that you understand them and correspond to your will;
  • confirm that, in the course of modifying the Contract, the Borrower is capable of acting of his own free will and is not under the influence of alcohol, narcotic drugs, psychotropic, toxic and / or other intoxicating substances;
  • to confirm the modifications of the Contract, and verify that you agree with them.

5.3. The modifications of the Contract will be considered concluded, and will enter into force after the execution of all the activities mentioned in clause 5.2 of these Terms and Conditions. Regarding the fact of formalization of the Contract modifications, the Lender will prepare the Contract modifications and will make it available to the Borrower through the Profile on the Portal.

5.4. The Borrower may update his information and personal data through the Portal profile by sequentially executing the following activities on the Portal:

  • at the Lender's request, in accordance with the procedure specified in the Portal;
  • access information about the offer provided on the Portal for updating the information about the Borrower, which contains the most up-to-date information regarding the Borrower according to the information provided by the Borrower;
  • confirm that, in the course of updating the Borrower's information, the Borrower is capable of acting freely and is not under the influence of alcoholic beverages, narcotics, psychotropic, toxic and / or other intoxicating substances;
  • to approve the updating of the information on the Borrower if desired.

5.5. To carry out the appropriate updating of the Borrower's information, the Lender, at its discretion, shall have the unilateral right at any time to request from the Borrower additional documents or information that accredits changes in the Borrower's information, and to require the Borrower to confirm. of the modification of the Borrower's information, through other online identification systems.

5.6. Through the Profile Portal, the Borrower can update the information regarding their solvency.

5.7. In order to carry out a proper assessment of the borrower's creditworthiness, the Lender, at its discretion, shall have the unilateral right at any time to request additional documents or information from the Borrower that confirm the borrower's creditworthiness, and any other action required by the Borrower to take the necessary additional actions that confirm the solvency of the Borrower.

6. RIGHTS AND OBLIGATIONS OF THE BORROWER

6.1. The Borrower agrees to:

  • not use the Portal to carry out illegal actions, including fraud and money laundering;
  • the use of the Portal to provide true information, the User being solely responsible for providing their data correctly;
  • use the Portal only if the Borrower is capable of acting voluntarily and never under the influence of alcohol, narcotic, psychotropic, toxic substances and / or other intoxicating substances;
  • use only secure means and equipment for the electronic transmission of data and communications;
  • In communications with the Lender, act appropriately subject to the generally accepted standards of good faith and current legislation.

6.2. Through the acceptance of these Terms and Conditions, the Borrower confirms that they can make decisions independently in relation to contract modifications, being aware of the binding force of the modifications of the contract approved through the profile and of the obligation to comply with its commitments derived from the approval of the contract modifications.

6.3. The Borrower acknowledges and understands that, in the event that third parties had knowledge of the password to access its Profile, they could access the Profile and assume commitments on behalf of the Borrower. If the activities are carried out with the Profile on the Portal (including request for additional loan amounts) with the correct Borrower email address and the correct Profile password, then the activities in the profile are considered to have been carried out. by the Borrower in his Profile by accepting the appropriate commitments by the Lender.

7. LIABILITY

7.1. The Borrower shall be liable for any damage caused by the use of the Profile on the Portal and, in particular, by the performance of unauthorized activities, or in the event that the Borrower has acted illegally or with the intention (deliberate) or due to gross negligence has ceased to comply with the requirements established in these Terms and Conditions.

7.2. The Borrower assumes all responsibility for damages, commitments or other activities carried out through the Profile until such time as the Lender has been notified in relation to the cases mentioned in Clause 4.7 of the Terms and Conditions and until the Lender has had time enough to block the User Profile.

7.3. As a result of the illegal acts of the Borrower on the Portal and damages caused to the Lender, the Borrower shall compensate the direct damages caused to the Lender.

7.4. The Lender shall be fully released from all liability to the Borrower for any damage that the Borrower has incurred or may incur resulting from the use of the Portal, including:

  • When the borrower has not complied with the contractual provisions of these Terms and Conditions;
  • As a result of illegal activities by third parties until the Profile is blocked in accordance with the procedure established in clause 4.7 of these Terms and Conditions;
  • Due to communication failures and as a result of other distortions or obstacles beyond the control of the Lender;
  • If, in accordance with the Contract or the Terms and Conditions, the profile is blocked;
  • If the operation of the Portal is compromised, suspended or stopped for any reason.

7.5. If the Borrower denies having authorized, (given his consent), for the mutual and free communication and exchange with the Lender, the use of the email and password of the Borrower's profile shall be considered as sufficient proof of the fact that the Borrower has given consent for the mutual communication or exchange of information, or has acted fraudulently or deliberately or through negligence, has breached the obligations established in Clause 4.5 or 4.6 of these Terms and Conditions.

7.6. The Parties may not be held liable for the breach of their obligations in the event of breach of the obligations for reasons independent of the will of the Parties as causes or circumstances of force majeure. The Parties consider force majeure circumstances that the parties could not have foreseen or influenced in advance, including the interruption of the electricity supply, the statutory legislation adopted by the institutions of the European Communities or the Government of Spain, strikes, war, natural disaster or other reasons, which the Parties could neither prevent nor predict. The Parties may reason the circumstances as MAJOR cause only and exclusively in the case of having taken all the necessary measures in order to comply with their obligations established in the Terms and Conditions. After the elimination of force majeure circumstances, the Parties must immediately continue to comply with their obligations.

7.7. During communication and mutual exchange of information, if the Parties have used the means of communication, the Lender is not liable for damages suffered due to interference with the use of email or other means of communication, as well as equipment that ensure the operation of the Portal, including, but not limited to, interference with the media, malfunction of the Portal, the malfunction of credit institutions for electronic data exchange and payment systems (including online banking ).

7.8. The Lender will not be responsible for damages of any kind caused to the User's computer equipment by viruses, worms, Trojans or any other harmful element. The User acknowledges that the use of the Internet network supposes the assumption of a risk that their computer equipment may be affected by the elements mentioned above. To this end, it corresponds to the User, in any case, the availability of adequate tools for the detection and elimination of harmful electronic programs.

8. LOCKING, CLOSING AND UNLOCKING THE USER PROFILE

8.1. The Lender has the unilateral right to block or delete the profile without prior notification to the User, if:

  • The Borrower has breached the Contract or these Terms and Conditions, or uses the Portal illegally;
  • The Borrower has provided false or misleading information or falsified documents to the Lender;
  • The Borrower does not agree with the modifications of the Terms and Conditions made by the Lender;
  • In case of resolution, canceled, annulled or recognized, it will be null and void.

8.2. If the Lender has blocked the Borrower's Profile, the Lender will notify the Borrower by email or telephone, the Lender then has the unilateral right to unlock the Profile, through the assignment of a new Profile password that, at the discretion of the Lender, it will be sent to the email or telephone number of the Borrower.

8.3. The Borrower may activate the blocked Profile through the location specified in his Profile and providing his email following the procedure specified in the Profile by creating a new Profile password at the Borrower's discretion.

9. OTHER PROVISIONS

9.1. These Terms and Conditions constitute an integral part of the Contract.

9.2. Profile activation is not a mandatory requirement for the receipt of the Loan amount in accordance with the Contract and the Terms and Conditions set forth in this document.

9.3. The Lender will have the right to modify these Terms and Conditions unilaterally. The new version of the Terms and Conditions would be published by the Lender on the Portal, and the Borrower must approve it through their Profile on the Portal, in order to continue using the same Profile through the Portal.

9.4. The Parties undertake not to disclose to third parties any information obtained through the Contract and the use of the Portal, except in the cases provided by Spanish law and the Contract itself.

9.5. These Terms and Conditions will be valid for an indefinite period of time until the correct execution of the obligations of the Parties established in the Contract.

9.6. The use of the Portal is governed and interpreted in accordance with Spanish law and it will be understood that, by using the Portal, the User agrees that any conflict or litigation that arises between the user and the Lender will be dealt with by the courts and competent courts in accordance with applicable law.

9.7. In the event that any of the provisions contained in these Terms and Conditions is declared void, it will be withdrawn or replaced. In any case, said declaration of nullity will not affect the validity of the rest of the provisions contained in these Terms and Conditions.


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