Investment agreement

This Investment Agreement govern the use of the MarkitLend website (hereafter, the “Website”) as well as any investment made via the Website or otherwise directly with MarkitLend or one of its Affiliates (as are defined below).

Each time You place an order to invest with MarkitLend, via this Website or via other means and each time You send money to MarkitLend for Your MarkitLend account You are agreeing to this Investment Agreement.

This Website is owned and operated by MarkitLend P2P Investments, LLC (hereafter, “MarkitLend”) a limited liability company formed under the laws of the State of Delaware, US, bearing file number 6254602 and having registered offices for service of process at 850 New Burton Road, Suite 201, Wilmington, DE 19899.  MarkitLend receives correspondence by e-mail at info@markitlend.com.

Prior to investing each Investor must read and agree to these terms.  Agreement is made firstly by clicking on the box indicated and secondly by remitting funds in respect of any investment made.

If You are using our systems and the services, agreeing to this Investment Agreement or entering into a Loan Contract on behalf of an LLP, limited company, partnership, public body, trust or other legal entity You warrant that You are duly authorized to act on its behalf.

Please note that under this Investment Agreement in certain circumstances You grant Us and / or Our Affiliates the authority to amend or to agree to amend certain of the main elements of the Loan Contract as Your agent, without the need for Your agreement to those changes.

Throughout this Investment Agreement the use of the word “We” or “Our” shall be taken to mean MarkitLend. Similarly, “You” shall be taken to mean any user of the Website, any physical or legal person who invests in the products or uses services listed on this Website, regardless of whether the person has used the Website or any other means in the process of the relevant transaction.

Prior to making any Investment You should read and understand this Agreement.  You should make Your own independent assessment as to the merits and risks of that Investment. You should consider how that investment suits Your personal needs.  You should also consult Your own independent professional financial, tax and legal advisor.

Each time an Investor uses this Website and / or makes an investment facilitated via this Website the Terms and Conditions will apply.

You acknowledge and understand that investing in Peer to Peer loans and products related to Peer to Peer loans (collectively or individually, “Peer to Peer loans”) involves risks.  Neither MarkitLend or its Affiliates guarantee any particular level of return.

You acknowledge and understand that investing in Peer to Peer loans may result in loss of part or all of capital invested and that liquidity is limited. You should be prepared to hold an investment in Peer to Peer loans until maturity.

You should not invest in any Peer to Peer loan or investment product any more money than You are prepared to lose.

Each time You make an investment with MarketLend the You certify that You evaluated the risk and made Your own independent determination to invest and has not relied only on the information presented on the Website or otherwise by MarkitLend.

You understand and acknowledge that unless otherwise stated none of the products or services offered on this Site are registered for public sale in any jurisdiction. The Website does not constitute an offer for the purchase or sale of any security or investment. Investors are enrolled on the basis that they are private investors who understand and acknowledge the relevant risks.  Investment is by application only. We reserve the right to refuse any application from any investor at any time for any reason.

You understand and acknowledge that for the purposes of this Agreement and the use of the MarkitLend Website, irrespective of where the You are physically located You have concluded the transaction on the territory the United States and that the laws of the State of Delaware, United States are applicable.  Accordingly, if You are a non-US person You might not have the same protections they would if MarkitLend were regulated in the jurisdiction of the Investor.  Each investor understands and acknowledges that the products and services offered via the Website, unless otherwise stated, are neither approved nor registered with any regulator or legal authority outside of the United States.

1 Definitions

Throughout this document references to the following words shall be construed as follows:

“Agent”

 

Means MarkitLend Investments P2P LLC or any other party We have appointed for the purposes of performing administrative functions related to loans. Generally, an Agent communicates with borrowers in reference to loan, receives payments from borrowers, distributes interest and principal to borrowers and takes actions to enforce the terms and conditions of loan contracts.
Agent’s Bank”. Means any bank as the Agent may, from time to time, specify from time to time that is used for the purposes of receiving payments for investors and distributing those payments accordingly.
“Applicable Law” Means any law that is applicable to any particular Loan Agreement.  In regards the Terms and Conditions Applicable Law means that of the State of Delaware, US.
Assignment agreement Means any agreement among or between Investors and the Agent that assign some or all of the rights in any Loan agreement

Borrower

 

Means a person who may be interested in borrowing money from an Investor on basis of a Loan agreement.
Business day Means a day (other than Sunday and Saturday), when banks in the United States are open for business, or in respect of currencies other the US Dollar, when banks are open in the country where MarkitLend maintains accounts in the relevant currency.

External investment account

 

Means a separate escrow account managed either by a bank or other legally qualified person where MarkitLend may place funds in advance of entering into a Loan Agreement.

Facility

 

Means all or part of the money that is provided to a Borrower under a Loan agreement.

Finance document

 

Means the Loan agreement, any Security document and any other document designated as such in writing relating to a loan provided to a Borrower.

Guarantee

 

Means any guarantee that is as a principle requested from Borrowers whose loans are listed on the Website.  In general, the owners and/or shareholders of the business Borrowers listed on the Website provide a personal or corporate guarantee in respect of Loans made. We specify in our loan listings, whether a loan guarantee has been provided.

Internal investment account

 

Means the account number linked to the internal accounting records maintained we maintain in respect of funds We hold for You.
Investment account Means the records We maintain regarding Your investments.
Investor” Means any person who has made an investment facilitated and / or managed by us or one of our Affiliates.

Lender

 

Means any party (other than the “Investor”) who is acting as the “Lender” under any Loan agreement.

Loan Agreement

 

Means any agreement relating to funds We have lent either for our own account or for Your account.
Loan Part Means a part of the total amount of principal in respect of each Loan agreement that is the basis used to determine Your pro-rata share of principal and interest payments and voting rights (if any) associated with that Loan agreement.
Obligor Means the Borrower, and any other person who is expected to secure Borrower’s obligations from the Finance documents, in particular the guarantor under the Guarantee (if any).

Security Documents

 

Means the documents and instruments that are envisaged by the Loan Agreement as “Security documents” and which secures the debts of the Borrower arising out of or in connection with the Loan agreement.
“Transaction Agreement” Means any transaction in which You invest in a product or service via the Website or otherwise facilitated by Us.

Website

 

Means “www.markitlend.com” or any other website that Markitlend may, from time to time designate for the purposes of providing MarkitLend products and services.

 

2 Using Our Website

2.1         The material presented in this Website is intended to be for information only. It does not in any way, manner, shape or form, constitute an offer of any security or investment related service nor does it constitute a solicitation of investment.

2.2         Generally speaking, the products and services Our affiliates and partner companies provide are private investments available only by application to sophisticated investors who have sufficient knowledge, understanding required to enter into investment and financial transactions and who represent they are capable, willing and prepared to assume the risks of financial loss that are inherent in such transactions. Furthermore, the legal and regulatory protections in the jurisdiction in which You are resident might not be available to You to the extent they would be available if We or Our affiliates were regulated in Your jurisdiction. By using this Website, You agree that You have been made aware of and understand that Your ability to seek legal recourse against Us and Our affiliates and partner companies may be limited.

2.3         We strongly advise all Our investors to consult their own independent financial advisors and to do their own independent investigation prior to making any investment transaction. We also strongly advise all Users to diversify their investment portfolios.

2.4         This Website is intended solely for Users who, if they are natural persons, are eighteen (18) years of age or older. Any registration by, use of or access to the Website by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Website, You represent and warrant that, if You are a natural person, You are 18 or older and that You agree to and will abide by all of our Terms of Use. If You violate any of the Terms of Use, or otherwise violate an agreement between You and Us, We may terminate Your membership in MarkitLend, delete Your profile and any content or information that You have posted on the Website and/or prohibit You from using or accessing the service or the Website (or any portion, aspect or feature of the service or the Website).

2.5         During the course of Your visit to Our Website, You may decide to enter into transactions and agreements with companies whose products are presented on this Website (hereafter, „Transaction Agreements“). You understand and agree regardless of whether or not We are affiliated with the companies whose information is present on this Website that Transaction Agreements are entirely separate from these Terms. If You decide to enter into a Transaction Agreement You agree that the terms and conditions specified in the Transaction Agreement form an agreement separate and apart from this Agreement. You agree that you will not hold Us liable for any losses You incur as a result of Your decision to enter into one or more Transaction Agreements.

2.6         If you decide to transact business with any of Our Affiliates, You agree that the terms and conditions set forth in any Transaction Agreements that are not specified within these Terms are separate agreements and do not form part of these Terms. To the extent there may be differences or conflicts between these Terms and the terms and conditions of the relevant Transaction Agreement, at all times the Transaction Agreement terms will prevail with respect to any transaction You enter. Furthermore, You understand that unless otherwise specified, We are not a party to any agreement to entered into by Our Affiliate and therefore Your legal recourse to Us may be limited.

2.7         During the course of Your use of the Website, You may choose to become a registered user of the Website. When You agree to become a registered user of the Website, You agree that We may transmit data You have provided to certain of Our Subsidiaries, affiliates and partner companies. We will only use data You provide in accordance with applicable law and regulation. For more information about Our data and privacy protection policies please read the document describing our Data and Privacy Protection Policies.

2.8         During the course of Your use of the Website, You may wish to become a registered user of the Website or You make wish an investment, purchase a product or service, apply to raise capital or express Your interest in entering into a business relationship with one or more of Our affiliates or subsidiaries or partner companies who provide information via this Website. You agree that, at all times, You will present information that we may rely on in full as being true and valid. You agree that You will reasonably provide information we may require so as to verify the validity of information You provide.

2.9         The Website Terms of Use will continue to apply to You even after You have agreed to a Transaction Agreement. However, if it turns out that there is a conflict between the Website Terms of Use and a Transaction Agreement, You agree that the Transaction Agreement will take precedence.

2.10      The Website is intended for use only by individuals who judge themselves to have sufficient skill, knowledge and expertise to understand the risks of investing in the types of products presented on the Website. If, during the course of using this Website to decide to enter into a Transaction Agreement You will be required to represent that You understand the relevant risks and that You are qualified by reason Your level of income or Your overall level of wealth or Your level of skill and experience making investments that You understand the risks and You are not relying only the information contained in this Website to make Your investment decisions.

2.11      We reserve all rights and privileges to limit or prohibit any individual’s access to this Website at any time in Our sole discretion, with or without notice, including without limitation if We believes that You are under 18 or otherwise not qualified to invest the products presented on this Website.

2.12      We do not guarantee the accuracy of any content provided by Users, our affiliates or other third parties. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Website.

2.13      Neither We nor Our affiliates nor Our Subsidiaries guarantee investment performance or return of capital. We do not promise any specific results from use of the Website.

2.14      The Website may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the service. Under no circumstances will We be responsible for any loss or damage, including any loss or damage to any User content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Website or the service, any User content or third party content posted on or through the Website or the service or transmitted to Users, or any interactions between Users of the Website, whether online or offline.

2.15      We reserve the right to change any and all content contained in the Website and any services offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.