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Terms of Use

  1. Introduction

    1. YouLend ApS (the “Company”, “YouLend”, “us”, “we”) is a limited liability company registered in Denmark (company number 36895225). Our registered office is at Njalsgade 23, 1, DK-2300 Copenhagen S, Denmark. We are authorized and regulated by the Danish Financial Authority (FSA number 21214) and hold a limited license as a payment institute.
    2. We provide a P2P platform (the “Platform”) on www.youlend.com, www.youlend.dk, www.youlend.eu and www.youlend.co.uk (the “Website”). The purpose of the Platform is to facilitate the arrangement of loan agreements (“Loan Contracts”) between corporate borrowers and corporate/institutional lenders (the “YouLend Customers”), both of which must be corporate bodies as no individual lender or borrowers are being serviced by YouLend.
    3. By accessing or using the Website and the Platform through any means, you are agreeing to be bound by these Website and Platform Terms of Use (the “Terms of Use”) together with our Privacy Policy and Cookie Policy, which set out how we process personal data we collect from you and how we use cookies.
    4. We may make changes to these Terms of Use and/or to the way we operate the Website or Platform, from time to time, and will take reasonable steps to bring any material changes to your attention. If you do not agree to these Terms of Use or to any changes made to them, you must not use, and must cease using, the Website and Platform.
    5. These Terms of Use are governed by the laws of Denmark. The Danish courts will have exclusive jurisdiction in relation to any and all disputes arising from the Terms of Use. If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable that shall not affect the legality, validity or enforceability of any other provision of these Terms of Use.
    6. These Terms of Use applies to your use of the Website and the Platform generally and unless otherwise stated apply equally to lenders and borrowers.
    7. If you are lending through the Platform, these Terms should be read in conjunction with the “Lender Terms” which are also part of these Terms of Use and which will be presented to you for acceptance before you deposit funds to lend.
    8. If you are borrowing through the Platform, these Terms of Use should be read together with the terms and conditions contained for borrowers and further as set out in your individual Loan Contract.
    9. We may change or update the Website and/or the Platform from time to time (including changing the content of either). However, please note that any of the content on the Website and/or the Platform may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Website and/or the Platform or any content on them, will be free from errors or omissions.
    10. A person who is not a party to these Terms of Use has no right to enforce any term of these Terms of Use.
    11. If you have any questions about these Terms of Use, please contact our customer services team by email at: info@youlend.com.
  2. Access to and Use of the Platform and Website

    1. We do not guarantee that the Website or Platform, or any content on it, will always be available or be uninterrupted. Access to the Website or Platform is permitted on a temporary basis and we may have to suspend access to the Website or Platform, or any part of them, without notice where we are required to do so by any applicable law, or force majeure situation or where the Website or Platform is unavailable through no fault of our own. In other circumstances, we will give you at least a prior notice by posting such notice on the Website or Platform before the Website or Platform will be unavailable and keep this period short.
    2. We will not be liable to you if, for any reason (other than our negligence, breach of contract or fraud), the Website or Platform is unavailable at any time or for any period.
    3. You are responsible for making all arrangements necessary for you to have access to the Website and Platform.
    4. You will not access or use the Website or the Platform except for their intended purpose and will not attempt to:
      1. Gain unauthorized access to, make unauthorized alterations to, or introduce any kind of malicious code to the Website, the Platform or the Company by any means;
      2. Reverse engineer or decompile (whether in whole or part) the Platform or any software available through the Website;
      3. Make copies, modify, reproduce, transmit, alter or distribute all or any part of the Platform or Website or any material or information contained in them, other than as permitted by law;
      4. Use the Website or Platform for any purpose that is unlawful under any applicable law;
      5. Use the Website or Platform to commit any act of fraud;
      6. Use the Website or Platform to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); or
      7. Use the Website or Platform in any manner that disrupts its operation.
    5. You will not disguise or interfere in any way with the IP address of the computer you are using to access the Website or Platform or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the Website or Platform.
    6. The Website or Platform may contain hyperlinks or references to a third-party website. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party website may be governed by the terms and conditions of that third-party website.
    7. We do not guarantee that the Website or Platform will be secure or free from bugs or viruses.
    8. You are responsible for configuring your information technology, computer programs and platforms in order to access the Website or Platform. You should use your own virus protection software.
  3. General Terms for the YouLend Accounts

    1. By making an application for a loan or a loan quote or registering as a lender on the Platform, you agree and confirm that:
      1. All the information you have provided is accurate and correct and the you have the right to submit details on the company whose details you have provided;
      2. You can on behalf of the company enter into a legally binding agreement with us;
      3. You will only use the Platform or Website for lending or borrowing purposes as envisaged by these Terms of Use and the applicable Lender Terms or Loan Contracts;
      4. You have provided a current address, telephone number and email address of the company you represent and will notify us immediately if your contact details change;
      5. You are an officer of the company or you are otherwise authorized to act on behalf of the company; 3.1.6 You authorize us, at any time, to use any means that we consider necessary to verify your identity with any third-party providers of information. Please refer to the Privacy Policy for further details.
    2. If an application for a loan has been made by a third-party on your behalf (for example by an external bookkeeper or a credit broker), you will be asked to confirm that the information entered by the third-party is true and accurate before you enter into the Loan Contract. By doing so, you confirm the statements in this section are correct.
    3. When you register or apply for a loan on the Platform or Website (or in the case of an application made by a third party, when you first access your account) you will be given YouLend account details and a password. You agree to keep your password and YouLend account details strictly confidential and you must not disclose them to any third party. You agree to protect them in the same way as you would protect details of your bank account or your bank cards. Any failure to do so shall be at your sole risk and expense.
    4. You should change your password on a regular basis. Passwords contain a mixture of upper and lower case letters and numbers and/or symbols. Passwords are case sensitive and we recommend passwords that combine a combination of numbers, symbols and letters in different cases. This will help to prevent the risk of unauthorized use of your account.
    5. You agree that we are entitled to assume all correspondence, orders, transfers and instructions made by reference to your password and account are made by you. You agree to inform us immediately by email and by telephone if you know or suspect that any of your account information or password are being misused so that we may suspend your account.
    6. We have the right to disable any YouLend account or password at any time if, in our reasonable opinion, you have failed to comply with any material provisions of these Terms of Use.
    7. Our Privacy Policy contains details of how we may use the personal information you provide to us when registering. You should read the Privacy Policy carefully before completing your registration or application. By continuing to use the Website and Platform you consent to such use of your personal information.
  4. Data Accuracy and Errors

    1. You agree to inform us as soon as possible if any information provided by you or contained in your YouLend account changes and/or if you become aware of any errors with respect to your YouLend account.
    2. The content on the Website or Platform is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the Website or Platform, we make no promises that the content on the Website or Platform is accurate, complete or up to date.
    3. We reserve the right to remove from the Website or Platform any loan offers which are the subject of any error.
  5. Intellectual property

    1. We are the owner or the licensee of all intellectual property rights in the Website and the Platform and in the material published on them. These works are protected by copyright laws and all such rights are reserved.
    2. YouLend and the YouLend logo are trademarks of YouLend and YouLend is the sole owner of the same. You will not make any unauthorized use of the YouLend trademarks and any unauthorized use may result in prosecution.
    3. www.youlend.com, www.youlend.dk, www.youlend.eu and www.youlend.co.uk are the uniform resource locators ("URL") of our Company. You will not make any use of these URL (or any other URL owned by us) on another website or digital platform without our prior written consent.
    4. YouLend owns all rights in any price data and related content on the Platform. Your registration and use of our Platform does not transfer any rights to the content and related intellectual property rights contained in our Platform. Except as otherwise permitted by law, you agree not to monitor, use or copy our web pages or any content on the Platform, including without limitation, any price data without our prior consent. Any unauthorized use or reproduction may be prosecuted.
    5. Any data licensed to YouLend from third parties is provided for use on the Website or Platform only and may not be used for any commercial purposes without the consent of such third parties.
  6. Liability

    1. Nothing in these Terms of Use excludes or limits either our, or your, liability for fraud (including fraudulent misrepresentation or concealment), breach of contract, willful default, negligence or any other liability which cannot be lawfully excluded or limited (including any liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors).
    2. Any liability arising out of a breach of these Terms of Use shall be limited to any direct loss or damage that is a reasonably foreseeable consequence of such a breach and which arises directly from the actions of the defaulting party. Neither party shall be liable for any indirect, special or consequential loss or damage and shall not be liable for any loss of profits, sales, business or revenue.
    3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your:
      1. Use of, or inability to use, the Website and/or the Platform; or
      2. Use of or reliance on any content displayed on the Website and/or the Platform,
      3. Except where such liability arises as a result of our breach of contract, negligence or fault.
    4. We will not be liable for any loss or damage that you may suffer because of any abnormal or unforeseeable circumstances outside our reasonable control which would have been unavoidable despite all efforts to the contrary, for example, delays or failures caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing or computer facilities, mechanical breakdown, an act of state or government, war, riot or terrorism, any act of God, the suspension of any market, postal or other strikes or similar industrial action or any prevention from or hindrance in obtaining any materials, energy or other supplies necessary for the performance of our obligations under these Terms of Use.
    5. We will have no liability for not displaying on the Website and/or Platform, for withdrawing or for not matching with any prospective lender or borrower, any offer to lend or application to borrow which you submit to us.
    6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of the Website and/or Platform or to your downloading of any content.
  7. Specific Terms for Lenders

    1. Reference is made to the Lender Terms as amended from time to time. Each Lender will enter into the Lender Terms with YouLend.
  8. Specific Terms for Loan Contracts

    1. Reference is made to the individual Loan Contract which will be entered into between a borrower and the lender.
  9. YouLend Fees and Charges

    1. There is no charge for registering for a YouLend Account or for making an application for a loan on the Platform and/or Website.
    2. If an application for a loan is approved, we will confirm (i) the amount you can borrow, (ii) the discount rate or interest rate at which your loan will be paid out and (iii) the timing of repayment of your loan (the “Borrower Details”). The Borrower Details will be specified in the Loan Contract and will include any interest due to the lender plus any fees and/or interest due to YouLend.
    3. Except in cases where paper copies are required by law, YouLend will make any communications, documents or statements available to you electronically. We reserve the right to charge a reasonable administration fee to cover our costs should you require a paper copy of any such documents.
    4. YouLend administration fees and charges will be set out in the Lender Terms and the Loan Contracts.