Terms and Conditions - Partner
If you decide to become a member of PrestaCap (or any related company within the PrestaCap Group) as a partner, you must comply with these Terms and Conditions.
These Terms and Conditions, which are set out as general terms, govern your use of the PrestaCap Website (“Website”) and the PrestaCap Platform (“Platform”).
You are subject to these Terms and Conditions from the moment in which you first agree to them on the Website. If you do not agree with the Terms and Conditions, then you are requested not to use the Website and the Platform.
PrestaCap’ principal role is to act as an intermediary in the interest of investors and Borrowers in order to bring them together, to facilitate the payment, collection and reconciliation of sums due under or in connection with the loans placed through the Platform.
2. The Platform
For any issue or complain you may interact with PrestaCap via the Platform, phone or email. If you are uncomfortable raising money through the Platform, you should not accept these Terms and Conditions and should not become a PrestaCap member.
Your profile information is the basis on which we identify you for purposes of communication and security. Any due diligence, anti-money laundering or other checks we run on you will be based on the information you have provided in your profile and from time to time as the case may be, from any third party company or agency which possesses any such relevant information about you and is authorised to share it with us.
You must complete your PrestaCap profile truthfully and it is your obligation to keep the information in your profile up to date. You are solely responsible for any information you post on the Platform, including your profile, the business for which you are seeking capital, and any other information posted by you.
Any information that you may not want to post, share or that you do not have permission to publish or post, shall not be posted, shared or otherwise made accessible by you on the Platform.
You agree to indemnify and hold harmless any PrestaCap member against any damage, material loss or cost arising from or in connection with any information you publish or post on the Website and Platform.
3. Borrower Membership
You warrant to PrestaCap that all information provided by you to PrestaCap during the application is true and accurate in all respects. You will update us promptly if any of the information you provided to us changes.
For the registration procedure, we may request a soft and/or hard copy of the borrower’s director’s relevant passport or other valid identification documents and we reserve the right to ask for alternative documents in case the document copies you send to us are not clear or not sufficient to identify you. If you do not provide all appropriate and required identification documents, you will not be able to become a member of PrestaCap.
By accepting these Terms and Conditions, once we have completed the process of becoming a partner, we are given the opportunity to carry out checks on the directors and members of the companies that have become partners.
4. Username and password
When you register to PrestaCap, you must provide your name, surname, email address and enter a password. Such password is required to access the Platform each time you log in. Your email and password are personal and not transferable without our prior written consent.
If you authorise an agent or anyone else to use your PrestaCap account, you will be solely responsible for their information and activities on the Platform. Any loss, breach of security, unauthorised use of a username or password, must be notified to PrestaCap immediately.
We reserve the right not to act on your instructions where we have the suspicion of unauthorised use or illegal or fraudulent activity.
5. Your liability to us
You shall be liable to us for any loss or damage suffered by us as a result of any breach of these Terms and Conditions or any other agreement which you enter into with us, or of any use of the Platform that represents wilful misconduct or fraud.
6. Our liability to you
We shall be liable to you for any loss or damage which you may suffer as a result of being an PrestaCap member or using the Platform to the extent that such damage or loss arises from or was the direct result of a material breach of these Terms and Conditions or any other related agreement by us.
Notwithstanding the foregoing, we shall not be liable to you for any damage or loss respective of any matter for which a liability is expressly excluded herein or any other agreement, or arising out of or in connection with any mistake, inaccuracy or misrepresentation, misconduct or any other act executed by you or any other PrestaCap member. We shall not be liable or responsible for any indirect, consequential, special or punitive loss, damage, cost or expense, unforeseeable losses or damages, loss of profit or contract, loss of business, lost or wasted management time or time of other employees, loss of reputation, depletion of goodwill or loss, damage or corruption of data.
7. Your relationship with PrestaCap
A membership of PrestaCap does not in any way constitute an obligation on us to intermediate funding for borrowers or constitute a warranty by us that funding will be available. If any personal guarantee is provided by the borrower, directors, shareholders and members giving such personal guarantee shall represent and warrant that there has been no undue influence or inducement of the guarantor.
9. Intellectual Property
PrestaCap has the ownership and licence of all actual and future registered and unregistered trademarks, design rights, unregistered designs, copyright, database rights and all other actual and future intellectual property rights existing in or in relation to the Platform. Aforementioned rights are protected by international copyright laws.
Whether you have any ownership or copyright on any material posted by you on the Platform, you shall retain ownership of all copyrights in data you upload or submit to the Platform. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner. We do not warrant or represent that the content of the Website does not infringe the rights of any third party.
10. General Terms
The information provided on the Platform is solely directed to persons above 18 years old, domiciled in Europe. This Platform is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to applicable law or regulation.
Access to the Platform might be suspended or terminated at any time.
We are not responsible for any content downloaded or posted by investors or borrowers on the Platform. Any downloadable and printable material and content from this Platform is solely for your own personal use. Platform contents must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our expressly written consent.
You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Platform is not containing any virus or anything which may have a contaminating or destructive effect on any part of the Platform or any other technology.
You are responsible for all costs incurred by you in accessing the Platform.
We do not accept any responsibility or liability for your use of content on the Platform and such use is entirely at your own risk. We accept no liability for any virus or any other malicious program on the Platform, but we use all reasonable care to prevent the Platform from being compromised by any such malicious software. It is your responsibility to use an anti-virus software on your computer.
Information transmitted via the Platform will pass over public telecommunications networks. We accept no liability if communications sent via the Platform are intercepted by third parties or incorrectly delivered or not delivered. The Platform may contain links to third party websites. We accept no responsibility or liability for any material supplied by or contained on any third-party website which is linked from or to the Platform, or any use of personal data by such third party.
These Terms and Conditions and all related agreements shall not constitute a partnership or joint venture between you and us. Nothing in these Terms and Conditions or any related agreements shall effect that PrestaCap becomes the agent of any investor or vice versa, except where PrestaCap is mandated to carry out any debt recovery procedure on the investor’s behalf.
If we fail to exercise any right or action according to these Terms and Conditions this will not constitute a waiver of such rights and actions and you would not be considered relieved from your obligations in regards to these Terms and Conditions.
In the event that we cease to trade, your loan will be protected, and you will continue to serve your loan obligations as usual.
PrestaCap reserves the right to make alterations to these Terms and Conditions at anytime without providing any reason. The altered Terms and Conditions will be sent to you in written form latest two weeks prior to coming into force. Should you not object to the altered Terms and Conditions within two weeks from the receipt thereof, you shall be deemed to have accepted the altered Term & Conditions. PrestaCap will make you aware of the above mentioned two weeks notice for objecting to the altered Terms and Conditions in its written notification to you that contains the altered Terms & Conditions.
Cara Services GmbH is a company incorporated in Germany, whose registered number is 174193 and whose registered office and principal place of business is at Kurfürstendamm 11, 10719 Berlin, Deutschland.
PrestaCap is not directly covered by the Financial Services Compensation Scheme. However, you may be entitled to compensation from the Financial Services Compensation Scheme in respect of any money held by PrestaCap on your behalf, as client money, if the bank or credit institution holding the money becomes insolvent.