We also explain how any personal and/or personally identifiable information that the Company may request will be used; these explanations can usually be found on the same pages where the information is requested. Through your continued use of our Site, or by providing your Personal Information (as defined below) to us, you consent to the practices described in this Policy.
The Company receives information from various sources: (1) when you register for Services with the Company; (2) when you use the Services; and (3) companies and individuals with whom we contract to perform business functions and services on our behalf including third party websites and services (e.g. data that you have expressly authorized the Company to use from your social networks such as Facebook ,Google+, Twitter).
In order to fulfill the Services of the Site we need to collect certain Personal Information and Financial Information to verify your identity and to assess your eligibility to borrow through the Company. Personal Information means any information that can be used to identify you as an individual. This includes the following: your full name; address; online contact information; government issued photo identification; telephone number; any persistent identifier that can be used to recognize you over time and across different services; identifiable location information; and third-party website log-in information; and Financial Information. Financial Information is information that you provide to us through the Site or any Application Protocol Interfaces ("APIs") connecting to the Site. Any credentials you provide for access to financial institutions are passed on to one of our partners and are securely stored on their servers. For improved safety, we purposefully do not store any of your credit/debit card account credentials.
If you provide explicit authorization for the Company to access data from a third party provider, such as Facebook, we will access and collect the personal information about you that the account provides based on your privacy settings with the third party provider.
We also collect Personal Information about transaction and interactions with the Site such as IP address, browser, web beacons and similar technologies; or that your mobile device transmits when you interact with the Site.
We also may also access public sources of information (e.g. national identity records or posts, pictures and other data you create and share on social networks).
Before or at the time of collecting Personal Information, we will identify the purposes for which information is being collected. We will collect and use Personal Information solely with the objective of fulfilling the Services and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain the Personal Information as long as necessary for the fulfillment of the Service.
The Company will not share the personal information you submit to the Site, such as identity, and address unless you have borrowed a loan that is over 90 days in default and the loan is sent to the Dhami Law Firm for arbitration. If you are an investor in a loan that has been sent to arbitration, any information you have submitted to the Site will also be submitted to Dhami Law Firm to assist you in collecting your investment.
Borrower listings on the Site include certain non-Personal Information: your alias; reputation; your Kivacredit rating; and any information you provide in the public area of the loan listing. Should you provide any Personal Information in a public area of the loan listing, the Company shall not have any legal obligation nor shall incur any liability for the sharing of the Personal Information.
Beware of identity thieves who may try to trick you into giving them your personal or financial information. We never ask members to send personal information through email. If we ever require sensitive information, it will always be entered on the Kivacredit site. We strongly encourage you to use two-factor authentication when using the Site.
We do not sell or rent your information to third parties for marketing or any other purposes and we will protect Personal Information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
Some of our features require us to access information hosted and provided by third parties. We may obtain access to the information provided by the APIs or other third party sites. We may, therefore, have access to Personal Information and/or sensitive Financial Information. We use this information to enable and execute features on the Site.
By linking a third party provider to the Company via an API, you consent to the Company's access to the information provided by that API and represent that you have the necessary authority to grant us access to this information. We strongly encourage that you use two-factor authentication if you allow the Site to access any Person and/or Financial Information through third party APIs.
The Company complies with COPPA. This site is neither directed nor intended for minors under the age of 18. In the event that we have inadvertently collected Personal Information from a user under the age of 13, we will promptly delete it, in compliance with COPPA. Do not use this site if you are under the age of 18.
The Company may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation; (ii) protect and defend the rights or property of the Company; (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
By providing us with any Personal information you expressly and unconditionally release and hold harmless the Company, its parents, subsidiaries, affiliates, related companies and their respective shareholders, owners, members, directors, officers, employees and agents (collectively, the "Releasees") from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information. In addition, while we take reasonable steps to prevent third-party companies from making unauthorized use of your personal information, we cannot be held liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information by those third parties.
Borrower Registration and Membership Agreement
Loan Terms. Your loan will have a principal balance of up to $1000,000 USD. All loans are unsecured, fully amortizing with a minimum of 5-days and a maximum of a 48-month term.
Loan Qualification. In order to qualify for a loan, the Company requires that you have an official government identification, proof of address and proof of income. Once this is verified you will be asked to provide further information to complete your borrower profile. This information includes: verifying income; confirming your phone number; connecting social media profiles and obtaining references. While this information is not required, the Company encourages Users to provide it as it not only increases trust with investors but improves your Kivacredit rating and can result in lower interest rates. Note that we may terminate consideration of your loan at any time in our sole discretion.
Creating a Loan Listing. In order to list a loan on the Site you agree that in connection with your loan request you will adhere to the following: (1) the title and description of the loan listing ("Listing") should represent the purpose of the loan and will not include any misleading or deceptive statement or omissions of fact; (2) Users who create a Listing should not share any personal information on the Listing that will be viewable to the public; (3) Listings may not make reference to the identity of any other User on the Site; (4) material displayed on the Listing must not impersonate any other Listing or User on the Site or infringe on any third party's rights. This shall include copying materials from other listings on the Site; (5) When posting a listing on the Site, you agree that you will repay your loan within the time you proposed and the Listing should be consistent with that intent; (6) you agree that the loan will not be used in violation of any local, state, federal or international laws; and (7) fully confirm that material contained in the Listing as once the Listing is submitted the Listing cannot be edited. However, if you are not satisfied with the Listing, you can delete the Listing provided it has not been funded. If you delete the Listing, the CURRENCY will be returned to the investors.
If the Listing is in violation of any of the above rules, the Company will cancel the Listing and your account may be suspended. Repeated violations of this section could result in the termination of your account.
Duration of Listing. A Listing will expire upon the occurrence of the earlier of the following: (1) the first day in which the Listing has received commitments equal to a minimum of 100% of the amount requested or (2) 14 days after being listed. The Company also reserves the right to cancel the Listing at any time before the Listing expires.
Right to Verify Information and Cancel Funding. The Company reserves the right to verify the accuracy of all information provided by borrowers and investors in connection with listings, investments and loans. We also reserve the right to determine in our sole discretion whether a User is using, or has used, the Site illegally or in violation of any order, writ, injunction or decree of any court or governmental instrumentality, for purposes of fraud or deception, or otherwise in a manner inconsistent with the Company's Terms and Conditions or any agreement between the Company and such User. The Company may conduct a review at any time - before, during or after the submission of a listing, or before or after the funding of a loan. You agree to respond promptly to the Company's requests for information in connection with any such review by the Company.
In the event we determine, prior to funding a loan, that a Listing, or a lender commitment for the Listing, contains materially inaccurate information (including but not limited to unintended inaccuracies, inaccuracies resulting from errors by the Company, or inaccuracies resulting from changes in the borrower's income, residence or credit profile between the date a Listing is submitted and the date the Listing is to be funded) or was submitted illegally, in violation of any order, writ, injunction or decree of any court or governmental instrumentality, for purposes of fraud or deception, or otherwise in a manner inconsistent with the Company's Terms and Conditions or any member agreement, we may refuse to accept the Listing or, if the Listing has already been accepted, remove the Listing from the platform and cancel all lender commitments with respect to the listing.
Loan Payments. You agree to make your loan payments on time by depositing an adequate amount to wallet on the site. The Company encourages you to activate auto-pay to ensure that payments are made on time.
Collection of Delinquent Loans. If you fail to pay principal and/or interest on the date on which the loan falls due, you will be considered in default of the Registration Agreement. Late payments will negatively impact your Kivacredit rating. Should your loan become 90 days past due ("Defaulted") the loan will be sent to Dhami Law Firm ("Arbitrator"), an independent, international arbitration firm whose awards are recognized internationally under The United Convention on the Recognition and Enforcement of Foreign Arbitral Awards. I understand that in the event that I want to appear in the arbitration by email to contest the potential issuance of an award in favor of the lenders, I must send a written request to firstname.lastname@example.org and pay a $99.00 fee. Such request must be within 7 calendar days from the date of the Notice of Default. The Arbitrator's decision shall be final and legally binding. In the event that the Arbitrator issues an award in favor of the investor, an investor may enforce that judgment in a court of competent jurisdiction.
Arbitration for Defaulted Loans. I ACKNOWLEDGE AND AGREE THAT BY SUBMITTING TO ARBITRATION I AM VOLUNTARILY WAIVING MY RIGHT TO TRIAL IN FAVOR OF BINDING ARBITRATION. I UNDERSTAND THAT AN ARBITRATION AWARD IS FINAL AND CANNOT BE APPEALED AND THAT I CANNOT WITHDRAW MY CONSENT TO ARBITRATION FOR ANY REASON. I FURTHER UNDERSTAND, ACKNOWLEDGE AND AGREE THAT IF AN ARBITRATION AWARD IS ISSUED IN FAVOR OF THE LENDERS, THE LENDERS WILL HAVE CERTAIN INFORMATION REGARDING MY IDENTITY IN ORDER TO PURSUE COLLECTIONS OF THE AMOUNT OWED PLUS ANY COLLECTION COSTS. COLLECTION COSTS INCLUDE REASONABLE ATTORNEY FEES AND COURT COSTS AND COSTS OF EXECUTION
Prepayments. You may prepay a loan in full or in part at any time without penalty
Late Charges. If the amount of any outstanding payment is not made by the date due, you will pay a late charge equal to the greater of 5% of the late payment
Prohibited Publishing Activities. Users are not allowed to publish information, whether in text or images, that is or that another User may view as profane, racist, hateful, discriminatory, obscene, or sexual in nature on any area of the Site. Additionally, the Company discourages the publication of content such as desperate calls for help or threats of self-harm. Further, content published for advertising or promotional purposes is not allowed and will result in the User's suspension. Repeated occurrences will result in the User's termination. The Company reserves the right to edit or remove any content posted on the Site without notice to the User. The Company does not allow Users to publish in any form of code which blocks, obscures, overwrites or modifies any Company-generated content or pages. Users may only provide content in areas specifically designated for User generated content. The Company prohibits messages between Users with offers to borrow or lend system payment online outside the Site and such behavior can result in the termination a Users account
Users are not required to submit financial or personal information to anyone except the Company. The Company recommends that you do not provide any financial or personal information on public areas of the Site.
Assignment. After the funding of your loan, without notice or consent, an investor may assign all right, title and interest of his or her interest in your loan to another User.
No Guarantee. THE COMPANY DOES NOT WARRANT OR GUARANTEE EITHER OF THE FOLLOWING: (1) THAT YOUR LISTING WILL BE MATCHED WITH ANY INVESTORS; OR (2) THAT YOU WILL RECEIVE A LOAN AS A RESULT OF SUBMITTING A LISTING.
No Warranties. EXCEPT FOR THE REPRESENTATIONS CONTAINED IN THIS REGISTRATION AGREEMENT, THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES TO YOU OR ANY OTHER PARTY WITH REGARD TO YOUR USE OF THE SITE OR THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Arbitration. ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF CALIFORNIA OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION
Headings. The headings in the Registration Agreement are for reference purposes only and shall not affect the interpretation of the Registration Agreement in any way.
Lender Registration and Membership Agreement
Investing in a loan that is hosted by the Company's marketplace shall not be construed as creating a partnership or joint venture between you and the Company. The Company shall not be responsible in any way for the debt(s) or obligation(s) of any borrower that posts a loan on the Company's marketplace.
You acknowledge and agree that investing in loans is a high-risk activity and the Company does not guarantee any returns. There is a risk that you may not recover the entirety of the principal that you invest.
You understand that the Company has engaged with Dhami Law Firm, an independent arbitration firm that will administrate arbitration services ("Arbitration") should a borrower default on a loan. The Company, nor its officers or directors have any affiliation with Dhami Law Firm.
YOU ACKNOWLEDGE AND AGREE THAT BY SUBMITTING TO ARBITRATION YOU ARE VOLUNTARILY WAIVING YOUR RIGHT TO TRIAL IN FAVOR OF BINDING ARBITRATION. YOU UNDERSTAND THAT AN ARBITRATION AWARD IS FINAL AND CANNOT BE APPEALED AND THAT YOU CANNOT WITHDRAW YOUR CONSENT TO ARBITRATION FOR ANY REASON.
Material risks related to virtual currency.
MATERIAL RISKS RELATED TO VIRTUAL CURRENCY VIRTUAL CURRENCY SUCH AS BITCOIN,PERFECTMONEY,OKPAY... IS NOT LEGAL TENDER, IS NOT BACKED BY THE GOVERENMENT AND ACCOUNTS AND VALUE BALANCES ARE NOT SUBJECT TO FEDERAL DEPOIST INSURANCE CORPORATION OR SECURITIES INVESTOR PROTECTION CORPORATION PROTECTIONS. LEGISLATIVE AND REGULATORY CHANGES OR ACTIONS AT THE STATE, FEDERAL, OR INTERNATIONAL LEVE MAY ADVERSELY AFFECT THE USE, TRANSFER, EXCHANGE AND VALUE OF VIRTUAL CURRENCY. TRANSACTIONS IN VIRTUAL CURRENCY MAY BE IRREVERSABLE, AND, ACCORDINGLY, LOSSES DUE FRAUDULENT OR ACCIDENTAL TRANSACTIONS MAY NOT BE RECOVERABLE.
SOME VIRTUAL CURRENCY TRANSACTIONS SHALL BE DEEMED TO BE MADE WHEN RECORDED ON A PUBLIC LEDGER, WHICH IS NOT NECESSARILY THE DATE OR TIME THAT THE CUSTOMER INITATIES THE TRANSACTION. THE VALUE OF VIRTUAL CURRENCY MAY BE DERIVED FROM THE CONTINUED WILLINGNESS OF MARKET PARTICIPANTS TO EXCHANGE FIAT CURRENCY FOR VIRTUAL CURRENCY, WHICH MAY RESULT IN THE POTENTIAL FOR PERMANENT AND TOTAL LOSS OF VALUE OF A PARTICULAR VIRTUAL CURRENCY SHOULD THE MARKET FOR THAT VIRTUAL CURRENCY DISAPPEAR.
THERE IS NO ASSURANCE THAT A PERSON WHO ACCEPTS VIRTUAL CURRENCY AS PAYMENT TODAY WILL CONTINUE TO DO SO IN THE FUTURE.
THE VOLATILITY AND UNPREDICTABILITY OF THE PRICE OF VIRTUAL CURRENCY RELATIVE TO THE FIAT CURRENCY MAY RESULT IN SIGNIFICANT LOSS OVER A SHORT PERIOD OF TIME.
THE NATURE OF VIRTUAL CURRENCY MAY LEAD TO AN INCREASED RISK OF FRAUD OR CYBER ATTACK.
THE NATURE OF VIRTUAL CURRENCY MEANS THAT ANY TECHNOLOGICAL DIFFICULTIES EXPERIENCED BY THE COMPANY MAY PREVENT THE ACCESS OR USE OF A CUSTOMER'S VIRTUAL CURRENCY.
ANY BOND OR TRUST ACCOUNT MAINTAINED BY THE COMPANY FOR THE BENEFIT OF ITS CUSTOMERS MAY NOT BE SUFFICIENT TO COVER ALL LOSSES INCURRED BY CUSTOMERS.
In the KivaCredit credit network you can earn money, being sure that your money is safe.
Our expert team has many years of credit experience in the assessment of whether borrowers can afford a loan, and has developed a unique technology to protect creditor's savings. As a result, Kivacredit credit network has higher amount of repayments in the industry.
It may happen that one or more of your borrowers cannot repay the loan, perhaps due to job loss, illness or for any other reason. A Guarantee Fund is created in order to intervene and return the money owed.
Kivacredit Credit network is not a bank; therefore, Guarantee Fund is not part of the Deposit Insurance System (FSCS). The credit certificate is not a guarantee or insurance product. It is designed to protect the lender against the risk of loss of capital in case borrower is unable to repay the loan (protection is enabled by default).
The Fund is not commercial and is not meant to be used to generate income. The fund can be used to give lenders the remainer of the missing money (including the guaranteed minimum income) for the loan that the borrower cannot repay, if the creditors have used the "Guarant" option. Additionally, Kivacredit Guarantee Fund can be used for the credit network development purposes. Management and development expenses are also covered by the Guarantee Fund.
The software monitors overdue loans and makes sure that the payments are made up as soon as possible.
In rare event, that a borrower experiences financial difficulties and delays the repayment of the loan, you will be paid from the Guarantee Fund at par value (loan amount) plus a minimum income, equal to 0.070% per day, in exchange for ownership of the loan.
You will be able to loan that money again. Using Guarant option allows you lend with confidence, knowing that your money is safe
Partners funds used to issue Overdraft loans are the Guarantee Fund. In case the borrower cannot repay the arbitrage loan, the funds shall be reimbursed from the Guarantee Fund.
Sources used to form the Guarantee Fund
According to the Terms and Conditions, lenders deduct 10% to 45% of the interest received in favor of the Guarantee Fund. Temporarily free funds provided by users for Overdraft are going to Mutual fund too.
Payments from the Guarantee Fund
Lenders can use the "Guarant" option to get their money before a loan fully matures or if a borrower has difficulties repaying the loan.?
When Guarantee Fund won't cover the losses?
Webtransfer has many years of experience in credit checking. Our careful monitoring of loans allows us to maintain a higher repayment rate than banks. This means that there is a high probability that Webtransfer can accurately predict the risk level of repayments.
If for any reason the Guarantee Fund becomes insufficient, members would get a proportional compensation. This means that you will get portions of your money back over time. The Guarantee Fund will continue to pay you in installments while the funds are built up from new loans until you are fully reimbursed.
In the unlikely event of the Guarantee Fund's inability to provide reimbursement, we reserve the right to collect payments from borrowers in order to compensate you with these collections.
There are several types of losses not covered by the Guarantee Fund:
- Losses from loans issued outside of the Kivacredit credit network, as well as loans issued with violation of the Terms and Conditions;
- Losses on loans issued without the "Guarant" option;
- Losses on loans issued using Guarantee Fund money;
- Fake losses. If there are sufficient grounds to believe that losses claimed for reimbursement are the result of fraudulent activity of the members of the social network, then payments to these members will be suspended until an investigation is completed.
The Guarantee Fund provides case assessment and approval on an individual basis. However, under exceptional circumstances, a case may not be approved or may be granted only partial approval as a protective measure.
Any lending through the Guarant option is protected. Any previous lending through a non-Guarant option isn't eligible for Mutual Fund coverage.
Payments from the Guarantee Fund are made in the following order:
up to 1% interest per day - 1st order;
up to 2% interest per day - 2st order;
up to 3% interest per day - 3st order;