We welcome you to october.eu and app.october.eu (hereinafter the "Site").
The Site is published by October SA (RCS Paris 804 264 174), 94 rue de la Victoire, 75009 Paris
Director of the publication: Olivier Goy - President
E-mail address: [email protected]
The sections reserved for borrowers (under the directories fr.october.eu/emprunter and app.october.eu/requests) as well as the one reserved for professional investors (under the directory fr.october.eu/institutional) are offered by October Factory (RCS Paris 823 469 846), a portfolio management company approved by the Autorité des Marchés Financiers under the number GP16000030. In accordance with the regulations, the remuneration policy of October Factory's staff is available from October Factory upon written request.
The other sections are proposed by October IFP (RCS Paris 808 353 155), registered as Intermediary in Participative Financing with the Organization for the unique register of the intermediaries in insurance, banking and finance (ORIAS), under the number 15000364. October IFP is an agent provider of payment services of Lemon Way under the number 69593 on the register REGAFI.
The Site is hosted by OVH (RCS Lille Métropole 424 761 419), Société par actions simplifiée, 2 rue Kellermann - 59100 Roubaix - France and Amazon Web Services LLC, P.O. Box 81226, Seattle, WA 98108-1226.
Any dispute relating to the validity, interpretation, performance or termination of these TOU shall be subject to the exclusive jurisdiction of the French courts.
Hereafter, October refers to October SA and its subsidiaries.
To access and use all the features of the Site, you must be of legal age or a minor with parental consent, not be considered a "US person" as defined by the US tax authorities, have a bank account in the Euro zone, a valid e-mail address and a cell phone number.
Access to certain sections of the Site requires the use of personal access codes. In this case, it is your responsibility to take the appropriate measures to ensure the secrecy of these codes. You may change them at any time. However, the number of attempts to access these sections may be limited in order to prevent fraudulent use of the said codes. We invite you to inform us of any fraudulent use of which you may be aware.
You acknowledge that the data you provide to us and which are stored in our information systems are accurate and constitute proof of your identity. We would be grateful if you could inform us of any changes to this data.
Although we endeavour to keep the Site accessible at all times, we cannot guarantee that access will be available in all circumstances, and in particular for reasons of maintenance, updating or any other reason beyond our control, access to the Site may be interrupted without any liability on the part of October. Browsing the marketplace is fully secure (SSL - https).
Before you can access the list of projects available on the site, you must :
Pre-register (by providing your name, first name, e-mail address and by choosing a password which must contain at least 8 characters including 1 digit);
Validate the present Terms and Conditions of the Site, as well as the Terms and Conditions of the Payment Service Provider and/or Electronic Money Provider or any intermediary mandated by the Platform appearing on the Site at the address en.october.eu/cgupsp by checking the box provided for this purpose;
Confirm your e-mail address by clicking on the link in the e-mail sent to you after your pre-registration.
At this stage, you will automatically be registered to receive a regular newsletter presenting the new projects available on the Site, as well as the evolution of the projects in progress. If you wish to unsubscribe from this newsletter, you just have to unsubscribe when you receive the first letter by clicking on the link included inside this letter.
After this step, you have the choice between continuing your registration or browsing the site to discover projects to finance...
You will be asked for some additional information, including your date of birth, place of residence and cell phone number.
The process of investment and simple electronic signature of the loan contracts on the Site takes place through a secure session (SSL - https) with two-factor authentication including 2 steps:
As October IFP carries out an intermediation activity in participative financing, the Site is subject to the regulations in force concerning the fight against money laundering and the financing of terrorism.
For this reason, before being able to access all the features of the Site, and in particular to be able to invest in accordance with Article 2 of these Terms and Conditions, you must download the following 3 documents:
This verification step is entirely manual and may take up to 2 working days.
Any false or irregular declaration may be subject to specific treatment to prevent fraud.
Before you can invest on the Site in accordance with article 2 of these Terms and Conditions, you must fund your October Account by credit card (up to €1,000 per transaction, with a limit of €2,000 over 30 days) or by bank transfer.
At the end of the verification process, you will be asked to answer a multiple choice questionnaire (estimated time of completion: 1 minute) to confirm your investment capacity and your suitability to invest on the site.
By visiting the following link: https://fr.october.eu/emprunter/, you can test your company's eligibility for financing on October. To do so, you simply need to communicate your company's SIREN number, the amount of financing you want and the purpose of the financing.
In order to receive the results of your eligibility test, you will be asked to register and in particular to verify your e-mail address and the need for financing.
The constitution of the financing file will be mainly manual and will require the sending of the following documents (without this list being exhaustive):
An analyst will contact you by email and phone as soon as possible to review your project and better understand your needs. The analyst may request additional documents if necessary to prepare his or her analysis, which will then be formally submitted to the October Factory Credit Committee.
The duration of this process is variable, and takes an average of 4 to 5 business days depending on the nature of the file and the speed of the exchanges.
After validation by the committee of October Factory, the request for financing is transmitted to October IFP which decides on the eligibility to the participative financing.
October Factory is subjected to the regulation in force relating to the fight against money laundering and the financing of terrorism. For this reason, we will have to validate in parallel of the credit analysis the identity of the ultimate beneficiaries of the operation and the managers of the company.
Any false or irregular declaration may be subject to specific processing to prevent fraud.
The decision of the October Factory Credit Committee is based on an analysis taking into account multiple factors (an explanation of our analysis process is available here). In case of agreement of the October Factory Credit Committee, the request for financing is transmitted to October IFP which confirms or not the eligibility for the Participative Financing and according to it refuses or accepts to allow the financing of the project by the particular lenders on the Site. You recognize the sovereignty of the October Factory Credit Committee in the decision making concerning the granting or the refusal of the financing of your project, and that the refusal decision would not engage the responsibility of October Factory.
In the event of a positive response from us, your project will only be put online after the signature of our Borrower's Agreement. The Borrower's Agreement includes the list of information provided by you during the steps detailed in paragraphs 1.3.1 to 1.3.4 above of these TOU, the main characteristics of the loan (amount, duration, rate, fees and commissions, estimated TEG), as well as the legal conditions for putting your project online on the Site.
The Borrower Agreement must be reviewed and signed manually or electronically by you.
By signing the Borrower's Agreement and the mandate included in its annexes, you formally mandate October IFP to electronically sign on your behalf the multiple loan contracts of the Lenders.
We remind you that the use of the Site assumes that you have the necessary hardware and software to use the Internet.
Furthermore, we remind you that the Internet does not guarantee the security, availability and integrity of data transmissions, and we cannot be held responsible for any errors, omissions, deletions, delays, failures (particularly due to viruses) of communication lines, computer hardware and software over which we have no control, or for any unauthorized use of, or damage to, any content that you may publish on this Site.
In the secure areas, you may view investment or borrowing opportunities and either lend to businesses or borrow from individuals.
You agree to use the information made available on the Site exclusively for the purpose of determining whether to apply for or obtain financing.
In addition, you agree to indemnify October for any damages arising directly or indirectly from your use of the service.
The following provisions are expressly brought to your attention. By using this Site, you agree not to:
October shall not be liable for any damages whatsoever, whether direct or indirect, resulting from the use of this Site.
The lenders investing on the French site of October are natural persons of age.
The October Account is an account that allows you to simply invest your savings in loans issued by French companies.
You can open an October Account from 50€ and lend from 20€ to many companies selected by our analysts.
You choose the companies you like, and in a few clicks you lend and every month you receive the payments honored by the companies to which you have lent.
We invite you to read the General Terms and Conditions of our Payment Service Provider and/or Electronic Money Provider or any intermediary mandated by the Platform, which can be found on the Site at en.october.eu/cgupsp and which describe the operation of the payment and reimbursement operations that may be carried out on your October Account.
We remind you that lending money to small and medium-sized enterprises presents a risk of total or partial loss of the sums lent, and requires you to lock in the sums lent for the entire duration of the loan. We invite you to diversify your savings over a large number of projects in order to counterbalance the risk of default (and loss) on a given project. Diversification is a fundamental point for any investor on a lending platform.
We invite you to take the time to think about it and to read carefully the documentation made available on the Website and to check all the information you deem useful before making your decision.
October IFP will not be held responsible for the financial and fiscal consequences of the loans granted by you on the Site, and reminds you that you retain the entire initiative and responsibility for the loan choices made on the Site.
You are a company domiciled in metropolitan France and registered in the trade and companies register, and have closed at least two accounting periods.
You need a professional loan to finance a determined project, quickly and without counterpart.
You agree to provide October Factory with true, accurate and complete information about your project and your company's situation in order to study your application and then in the context of the information published on the Site.
We invite you to read the General Terms and Conditions of our Payment Service Provider and/or Electronic Money Provider or any intermediary mandated by the Platform, which can be found on the Site at fr.october.eu/cgupsp and which describe the functioning of the payment and reimbursement operations that may be carried out on your October Account.
We remind you that borrowing money from the public carries a risk of over-indebtedness, so please be careful in determining your financing needs and your ability to repay.
October does not provide financial advice to borrowers and is not responsible for the financial and tax consequences of loans you may receive through the Site. We remind you that you retain full initiative and responsibility for the financing and repayment of your project.
Each October lender has a unique referral code to introduce the platform to their acquaintances. This referral code works as follows: if a lender (the "referrer") shares his code with an acquaintance ("referral"), both will receive a bonus of €20 if the referred person opens an October account with the referral code and lends €500 (or €200 if the referrer has received a loyalty benefit).
The total amount of bonuses that lenders can get for introducing the platform to their friends is capped at €200. Once they reach the limit of bonuses they can receive, referrers will not receive any more bonuses. Referrers will be required to become professional partners of October and will have to sign a contract with the platform to define the conditions under which they will be compensated for introducing October to people wishing to lend to small and medium-sized businesses on October. To sign a partnership with October, you can contact us at [email protected].
We may make available on this Site content that you are authorized to download ("Downloadable Content"). By downloading or using such Downloadable Content, you agree to use it in accordance with these TOU.
We grant you a non-exclusive, non-transferable right to use the Downloadable Content for your personal and private use only, free of charge, for the duration of copyright protection. Any reproduction, performance, modification or distribution of the Downloadable Content must be expressly authorized by us.
For information on the pricing of the services offered on the Site, please refer to our dedicated page.
Certain information about the taxation of lending by individual investors is provided on the Site, on our faq's. You acknowledge that this information is provided for informational purposes only and does not constitute tax advice.
October will not be responsible for the financial and tax consequences of loans made or received on the Site, and urges you to consult your own legal or tax advisor to review your own situation.
Acceptance of the TOS by electronic means has the same evidentiary value between the parties as the agreement on paper.
The computerized registers kept in the computer systems will be kept under reasonable security conditions and considered as proof of the communications between the parties.
The archiving of contractual documents is made on a reliable and durable support that can be produced as evidence.
See an example of a loan contract.
Following the takeover of the companies Invex (under the trade name of Finsquare) and Credit.fr by October SA, October Factory is in charge of the amicable collection of the debts initially intermediated by these platforms.
In case of delay or default of payment of the borrower under the loan contracts, October Factory ensures (or makes ensure), on behalf of the lenders, the amicable or legal recovery of the loans, and will diligent (or make diligent) for this purpose, the acts necessary to the recovery of the loans and, if necessary, to the implementation of the subscribed insurances.
October Factory ensures the amicable collection on behalf of all the lenders of the same project.
October Factory will specify its standing to act for and on behalf of the lenders in the same project and the rights of the lenders against the borrower, including any claim in the borrower's bankruptcy.
October Factory shall have the right to use all deeds, documents, contracts relating to the loans that financed the project and to the insurance policies taken out and the information contained therein for the purposes of the actions necessary for the recovery of the loans, subject to the confidentiality clauses that may be stipulated therein and to the mandatory legal and regulatory provisions.
October Factory shall have the authority to renegotiate and agree, in the name and on behalf of the lenders, to any adjustments to the loans and to execute all instruments necessary for such renegotiation, provided that such renegotiation, in the opinion of October Factory, will accelerate or improve collection or avoid deterioration or loss of the face value of the loans, and provided that the lenders shall be notified in advance of any such proposed adjustments.
In such collection actions and renegotiations, if any, October Factory shall act at all times in what it considers to be in the best interests of all lenders to the borrower's project.
October Factory declares that it has completed all formalities required by the applicable regulations to be validly authorized to proceed with the amicable collection of debts on behalf of third parties, in particular, with regard to France, those referred to in articles L. 124-1 and R. 124-1 to R. 124-7 of the Code of Civil Enforcement Procedures (codifying decree n°96-1112 of December 18, 1996 regulating persons proceeding with the amicable collection of debts on behalf of third parties). October Factory undertakes to maintain in force throughout the duration of its mandate of collection under the terms of the loans, the formalities and authorizations required to allow it to carry out the amicable debt collection activity on behalf of third parties in terms of the regulations applicable in the jurisdiction concerned.
Individual Lenders should note that the transfer of receivables, particularly between individuals, is strictly regulated or even prohibited in each country and that it is therefore advisable to check the applicable regulations on a case-by-case basis. If you decide to transfer your receivable to a third party, we inform you that this transfer cannot be taken into account on the October platform: October will not be able to modify your portfolio and the loans will continue to be managed by October as if they were still yours, which means that you will have to redirect the financial flows to the transferee of your receivable yourself.
We inform individual lenders that institutional investors investing in the same projects have a lighter legal framework under French law for the assignment of their receivables due to the professional nature of these receivables.
We endeavour to provide you with accurate and up-to-date information. However, as the transmission of data and information on the Internet is relatively reliable, we cannot guarantee the accuracy of all the information contained on this Site and assume no responsibility for the use of this information.
Furthermore, we remind you that inaccuracies or omissions may appear in the information available on this Site, in particular due to the intrusion of third parties. We invite you to inform us of any inaccuracy or omission at the following address: [email protected]
The information made available on the Site is for information purposes only and does not constitute an invitation to contract, advice or recommendation of any kind. In particular, October IFP does not provide any financial or tax advice.
For any advice, the User is invited to contact his usual advisors, particularly in legal and tax matters.
October IFP shall not be liable for any damages whatsoever, whether direct or indirect, resulting from information contained on this Site.
The hypertext links on this Site may lead you to websites published by third parties whose content we do not control. As a result, and insofar as the hypertext links have been included on this Site solely to facilitate your navigation on the Internet, consultation of third party sites will be your choice and your exclusive responsibility.
Furthermore, if you wish to create hyperlinks to this Site, a request for authorization must first be sent to us at the following address: [email protected]
When the user is party to one or more loans in progress, the closing of his October Account is not possible. Contrary to article 18 paragraph 1 of Lemon Way's GCU, the Payment Account cannot be terminated upon request of the holder.
When the user of the Site is not or no longer a party to one or more loan contracts as an investor or borrower, he/she may close his/her October Account at any time. Closing your October Account will result in the return, if applicable, of the amounts appearing in your October Account. By closing your October Account you acknowledge that :
To close your October Account, you will need to send an email from your email address to [email protected] indicating your desire to close your October Account. Any funds remaining in your October Account can only be transferred to the bank or postal account you provided to us when you registered. Within 30 days, you will receive a confirmation email from October confirming the closure of your October Account.
In application of article 18 paragraph 2 of the GTC of Lemon Way, the User's Payment Account can be terminated at the request of Lemon Way. In this context, October will also close the User's October Account even if the User has outstanding loans.
October will then proceed as follows:
October may close or block (i.e., not lend or fund an October Account while still being able to debit and access its tax summary) an Account in the event of:
Reasons for October's assessment include:
Reactivation of the October Account will be at October's discretion.
October has the right to request additional documentation and to issue an opinion, after analysis, in favor of the customer's continued use of the October Account. If new abnormal behavior is identified on the same October Account, the Account will be automatically and permanently blocked.
The Site and each of its components (such as trademarks, images, texts, videos, etc.) are protected by intellectual property rights.
The development of this Site has involved significant investments and joint work by our teams. For this reason, and unless expressly stipulated herein, we do not grant you any other right than that of consulting the Site for your strictly personal and private use.
Any use, reproduction or representation of the Site (in whole or in part) or of the elements that make it up, on any medium whatsoever, for other purposes, and in particular commercial, is not authorized.
In exceptional cases, we may expressly authorize you to reproduce and/or represent all or part of the Site on certain media. Any request for such authorization must be submitted to us beforehand at the following address: [email protected] or October, 94 rue de la Victoire, 75009 Paris.
Any complaint you may have should be addressed to the complaints department of October IFP, whose contact details are as follows: October, Service réclamations, 94 rue de la Victoire, 75009 Paris, 01.82.83.28.00, e-mail: [email protected]. The centralization of complaints by October IFP is carried out within the framework of its mission as an intermediary in participative financing, and can in no way be assimilated to the provision by October IFP of any consulting service concerning the projects appearing on the Site, nor to any commitment to guarantee the repayment of lenders on the Site.
If you are not satisfied with the answer given by our service or in case of absence of answer within 2 months, you can refer to the consumer mediator MCP Médiation:
The solution proposed by the Mediator is not binding on the parties, who remain free at any time to leave the mediation process.
The mediation of consumption :
In the absence of an amicable solution, the most diligent party shall refer the matter to the competent courts.
The procedure of management of the complaints of October Factory is accessible here.
In any other case, please send your complaint to [email protected]
You acknowledge and agree that your use of the Site shall constitute your acceptance of the TOS as amended.
Date of last modification of the TOS: August 30, 2022