Affiliate: a person who opens an October Account with a referral code and lends 500 euros (or 200 euros if the Referrer benefits from loyalty advantages).
Analyst: a person who examines the eligibility of the Project for financing.
CGU: the present general terms and conditions of the Site
Payment Account: a Payment Account connected to the October Account
October Account: the Account that has been opened on app.october.eu and the Payment Account connected to it.
Downloadable Content: content that can be downloaded from the Site.
Borrower Agreement: an agreement that describes the terms and conditions of the loan that a Borrower receives from Lenders through the Site.
Borrower: a company that has obtained a loan for a Project.
October: referstoO
Welcome to october.eu and all connect.october. eu and app.october. eu sub-domains (hereinafter the " Site ").
Access to the Site implies unreserved acceptance of these GTC in their entirety.
By accessing the Site, the User acknowledges being informed that participatory finance services are not covered by the deposit guarantee scheme established in accordance with Directive 2014/49/EU and that investments for participatory finance purposes acquired through the Site are not covered by the investor compensation scheme established in accordance with Directive 97/9/EC.
October does not provide any investment advice or recommendations as to the suitability of any offer published on the Site for Users, which Users expressly accept. Any investment decision by Users is made under their sole responsibility.
Information on the October Connect offer can be found in the connect.october.eu section, which is managed and published by October SA.
Information dedicated to professional investors can be found in the october.eu/lenders/institutional section, which is offered by October Factory. The other parts of the Site are managed and published by October IFP.
The Site is hosted by OVH (RCS Lille Métropole 424 761 419), a company located at 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 GCU shall be subject to the exclusive jurisdiction of the French courts
Browsing on the Site is subject to European and French laws and regulations in force and to these GCU.
1. Site access
To access all Site functions, you must be of legal age, 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 European cell phone number.
For lenders planning to leave Europe, we strongly encourage you to activate the touch-id or face-id function on your October account before you leave. This will ensure secure access to your account even when you are abroad.
Access to certain sections of the Site requires the use of personal access codes, in which case it is your responsibility to take appropriate measures to ensure the confidentiality of these codes, which you may change at any time. However, the number of attempts to access these sections may be limited in order to prevent fraudulent use of these codes, and we invite you to inform us of any fraudulent use of which you may become aware.
You agree that the information you give us and that we store is correct and proves who you are. Please inform us of any changes to this information.
Failure to comply with these rules may result in suspension of your access to the Site and we will inform you of any such suspension.
Although we endeavour to maintain access to the Site at all times, we cannot guarantee access in all circumstances. In particular, for maintenance or updating purposes, or for any other reason beyond our control, access to the Site may be interrupted without October being held liable. Browsing the marketplace is fully secure (SSL - https).
To consult the list of Projects on the Site, you must first complete the following operations:
You will be asked to provide certain additional information, including your date of birth, place of residence and cell phone number
When you invest and sign loan contracts on the Site, it's safe and secure. We use a two-factor authentication system consisting of two steps:
As an agent of the Payment Service Provider, October IFP facilitates crowdfunding and is required to comply with anti-money laundering and anti-terrorist financing regulations. To access all Site features, including investment, you must provide at least 3 documents:
October may ask you for additional documents, depending on the type of bank you use or your tax residence, for example.
The process of verifying your documents and identity is manual and can take up to two working days. Any false or irregular information may result in an investigation to prevent fraud.
At the end of the Verification Process, you will be asked to complete a general knowledge entry test (in the form of a multiple-choice questionnaire) to assess whether the services provided by October IFP are suitable for you. You will be required to take this test at least once every two years. For the purposes of this test, you understand and acknowledge the importance of providing accurate and up-to-date information.
Upon completion of this general knowledge test, you will have the option of applying to IFP to be treated as a Sophisticated Lender. In the event of such an application, you understand and acknowledge that you are aware of the consequences of losing the protection attached to Non-Sophisticated Lender status.
If you are a Non-Sophisticated Lender, you must also indicate your net worth. A calculation tool is available to help you determine your net worth. The simulation of your ability to bear losses is reviewed annually after the initial simulation.
If you invest more than 1,000 euros or 5% of your assets in a Project, you will be presented with risk warnings and asked to give your explicit consent before proceeding with the investment. For this type of investment, and in certain circumstances, October IFP may not authorize a non-sophisticated Lender to lend via the Site under the conditions set out in the ECSP Regulations.
To invest on the Site as described in section 2, you must fund your October Account, either by credit card (up to €1,000 per transaction, with a limit of €2,000 within 30 days) or by bank transfer.
To find out if your company is eligible for October financing, click on the following link: october.eu/borrow. You will need to provide your company's registration number, the amount of financing you require and the purpose of the financing.
To obtain the results of your eligibility test, you will need to register and consult your e-mail address for confirmation and financing conditions.
To apply for financing, you need to send us a number of documents, including (but not limited to):
An Analyst may contact you by e-mail and telephone to understand your requirements and may request additional documentation if necessary. The Analyst will then formally submit your loan application to October Factory's Investment Committee. After validation of your loan application by this committee, October IFP, will decide whether you are eligible for crowdfunding services.
October Factory is subject to current regulations concerning the fight against money laundering and the financing of terrorism, and as such we must validate the identity of the final beneficiaries of the transaction and the company's directors in parallel with the credit analysis.
Any false or irregular declaration may be subject to specific processing in order to prevent fraud.
In particular, by accepting these GCU, you confirm that :
Following the deliberations of the October Factory and October IFP Investment Committee, we will inform you of the acceptance or refusal of funding for your Project, and you expressly acknowledge that this decision is made at our discretion, and that we cannot be held responsible for the decision to refuse.
If we approve your Project, we will only put it on the Site once you have signed the Borrower's Agreement. This agreement includes the information you have given us in points 1.3.1 to 1.3.4 of the GCU, and also informs you about the loan you are obtaining (amount, term, interest rate, fees and commissions, estimated APR). It also contains the legal conditions for putting your Project on the Site.
You must review and sign the Loan Agreement, either by hand or electronically.
By signing the Borrower's Agreement and the mandate in its appendices, you authorize October IFP to sign the loan agreements with the Lenders on your behalf.
If October IFP reasonably identifies an omission, error or inaccuracy in the information you have provided that could have a material impact on the expected performance of the loan offer, you will be requested to complete or correct such information as soon as possible.
In the absence of such prompt amendment, October IFP may :
To use our Site, you must have the appropriate hardware and software for the Internet.
We would like to remind you that the Internet is not 100% secure, and we cannot be held responsible for any problems relating to your data, such as errors, delays or viruses. We cannot control communication lines, computer equipment or software, and we are not responsible if someone uses your data, information or any other type of content without authorization.
In certain secure areas of the Site, you can learn about investing or borrowing money, and you can lend money to businesses or borrow money from individuals.
You agree to use the information on the Site only for the purpose of deciding whether to lend or borrow money.
In addition, you agree to indemnify October for any damage or loss that may result from your use of the service, whether directly or indirectly.
Remember that you may not:
October is not responsible for any problems related to the use of the Site.
The October Account allows you to invest your money in business loans. You can open an October Account and lend from €20 to businesses selected by our Analysts. Choose the businesses you are interested in, lend in a few clicks and receive monthly payments. Please read the terms and conditions of our Payment Service Provider or any intermediary appointed by October IFP listed on the Site at en.october.eu/cgupsp which describe how payments and repayments to your October Account work.
Lending money to small and medium-sized enterprises presents a risk of total or partial loss of the sums lent, and obliges you to tie up the sums lent for the entire duration of the loan. Diversify your investments over several Projects in order to offset the risk of default and loss on a given Project. Diversification is crucial for any Lender on a platform such as ours. Take the time to think about and read the documentation available on the Site and check all the information you deem useful before making your decision.
October IFP will not be held responsible for the financial and tax consequences of the loans you grant on the Site, and you retain full initiative and responsibility for the lending choices you make on the Site.
If you are a company in France, Germany, Spain, Italy or the Netherlands, you can apply for a loan to finance a Project.
October will review your application and put you in touch with potential investors. You will need to provide accurate information about your company and your Project.
Before using our services, please read the terms and conditions of our Payment Service Provider or of any intermediary appointed by October IFP on the Site: https: //fr.october.eu/cgu-lemonway/
Borrowing money can be risky, so make sure you have the means to repay it.
We do not provide financial advice and are not responsible for any financial or tax problems related to your loan. You are responsible for managing your own Project and repaying any loans you receive through the Site.
October Lenders receive a unique promotional code that they can share with their acquaintances. The promotion works as follows: if a Referrer shares his or her code with an Affiliate, both will receive a bonus of 20 euros when the Affiliate opens an October Account with the promotional code and lends 500 euros (or 200 euros if the Referrer enjoys loyalty benefits).
Lenders can earn up to 200 euros in bonuses by introducing others to the Site. Once this limit has been reached, Referrers will no longer receive bonuses. To continue earning bonuses, Referrers will need to become October IFP Professional Partners and sign a contract with October IFP. This contract will define the conditions under which Referrers will be remunerated for introducing October IFP to people interested in making business loans. To sign a partnership with October IFP, please contact us at [email protected].
On the Site, we may offer Downloadable Content. By downloading or using such content, you agree to be bound by these TOU.
We authorize you to use the Downloadable Content for your personal and private use, free of charge and as long as the content is protected by copyright law. However, you may not transfer this right to anyone else and you must obtain our authorization to reproduce, modify, represent or distribute the Downloadable Content.
For more information on how we handle your personal data, please consult our privacy policy.
For prices of services offered on the Site, please refer to our pricing conditions.
On the Site, we provide information on the taxation of loans granted by Lenders. Please note that this information is provided for information purposes only and does not constitute tax advice. October IFP is not responsible for the financial or tax consequences of loans granted or received on the Site. We suggest that you consult your own legal or tax advisor to review your personal situation.
Acceptance of the GCU by electronic means has the same evidential value between the parties as agreement on paper
Electronic records kept in computer systems will be secure and will be considered as proof of communications between the parties.
Contractual documents are stored on a reliable and durable medium that can be used as proof.
By accepting the GCU, as a Lender, you agree that signing loan contracts on the Site involves the following steps, which constitute a simple electronic signature within the meaning of articles 1365 et seq. of the French Civil Code:
If you are a potential unsophisticated Lender, you benefit from a cooling-off period of 4 calendar days, during which you may revoke your investment offer or expression of interest in the equity financing offer at any time without giving any reason and without incurring any penalty. The cooling-off period begins at the time of the investment offer or expression of interest.
Before this period expires, you may exercise this right by sending your request via the Site, chat on the Site or [email protected].
See an example of a loan contract.
Following the takeover of Invex (under the trade name Finsquare) by October SA, October Factory is responsible for the amicable collection of receivables initially intermediated by Invex.
In the event of late or non-payment by the Borrower under the loan contracts, October Factory proceeds, on behalf of the Lenders, to the amicable or judicial recovery of the loans and takes (or arranges for) all measures necessary for the recovery of the loans and, where applicable, for the implementation of the insurance taken out.
October Factory handles out-of-court collection on behalf of all Lenders involved in the same Project.
October Factory specifies its capacity to act in the name of and on behalf of the Lenders on the same Project and the rights of the Lenders against the Borrower, in particular any declaration of claims in the context of the Borrower's insolvency proceedings.
October Factory may use all deeds, documents, contracts relating to the loans having financed the Project, as well as the insurance policies taken out and the information they contain, for the purposes of the actions necessary for the recovery of the loans, within the limits of the confidentiality clauses which may be stipulated therein and the imperative legal and regulatory provisions.
October Factory has the right to renegotiate and accept, in the name of and on behalf of the Lenders, any adjustment to the loans and to sign all deeds necessary for such renegotiation, provided that such renegotiation makes it possible, in October Factory's opinion, to accelerate or improve collection or to avoid deterioration or loss of the nominal value of the loans, subject to prior notification to the Lenders of the adjustments thus proposed
In connection with such collection actions and any renegotiations, October Factory shall ensure that it always acts in accordance with what it considers to be in the best interests of all Lenders of the Borrower's Project.
October Factory declares that it has completed all the formalities required by the applicable regulations to be validly authorized to collect debts on behalf of third parties, in particular, for France, by articles L. 124-1 and R. 124-1 to R. 124-7 of the Code des procédures civiles d'exécution (codifying decree no. 96-1112 of December 18, 1996 regulating persons engaged in the amicable collection of debts on behalf of third parties). October Factory undertakes to maintain in force throughout the duration of its collection mandate with regard to applicable local law.
Currently, you cannot transfer your receivables on the Site. If you decide to transfer your receivables to someone else, it is your responsibility to ensure that you do so legally and that you respect the agreements you have made, such as the redirection of payments. October IFP cannot modify your Payment Account and will manage the loans as if they were still yours.
We endeavour to provide you with accurate and up-to-date information on the Site. However, as the transmission of data and information over the internet may not be reliable, we cannot guarantee that all information on this Site is accurate. We are not responsible for the use of such information.
Please note that there may be errors or omissions in the information available on the Site, notably due to the intervention of third parties, and we encourage you to notify us of any inaccuracies or omissions by sending an e-mail to [email protected].
The information provided on the Site is for information purposes only and does not constitute an offer to enter into a contract, nor does it constitute advice or a recommendation of any kind. October IFP does not provide financial or tax advice.
For any advice, please consult your usual advisors, particularly in legal and tax matters.
October IFP is not liable for any direct or indirect damage resulting from information contained on the Site.
Links on the Site may take you to other websites that we do not control. We have included these links to help you navigate the Internet, but it is your responsibility to decide whether you wish to visit these other sites.
If you wish to create hypertext links to our Site, please send us an e-mail at [email protected] to obtain prior authorization.
If you are not part of a loan agreement, you may close your October Account at any time. If you are part of a loan agreement, you must wait for the agreement to end before you can close your October Account.
By closing your account, you agree that :
To close your October Account, send an e-mail to [email protected] from your registered e-mail address and indicate that you wish to close your account.
Please ensure that you have no remaining balance in your October Account before sending the request to close your account.
You will receive a confirmation e-mail from October IFP within 30 days of closing your account.
The Payment Service Provider that has appointed October IFP as its agent is Lemon Way, a payment institution approved by the Autorité de contrôle prudentiel et de résolution under the identifier 53014.
As stated in Article 18(2) of Lemon Way's TOS, Lemon Way may terminate a User's Payment Account at its discretion. In this case, October IFP will also close the User's October Account. Even if the Lender still has loans in repayment, here's what October IFP will do next:
An October Account may be closed or blocked by October IFP if any of the following occurs:
October IFP will decide to take this action if:
October IFP will explain to you why this decision was made to close your October Account. October IFP may allow you to use the account again, but this is not an obligation.
October IFP may request further documentation and may allow you to use the account again if it reviews the information and believes it to be correct, but if the problem persists, the account will be permanently blocked.
9. Intellectual property rights
The Site and all its elements (such as trademarks, images, texts, videos, etc.) are protected by intellectual property rights.
We have spent a lot of time and money creating this Site, so unless otherwise stated, you may only use it for your own personal use.
You may not use, copy or display the Site (or any part of it) for any other purpose, including making money.
In rare cases, we may authorize you to copy or display all or part of the Site on specific platforms. To request this authorization, send us an e-mail to [email protected]or by post to the following address: October IFP, 94 rue de la Victoire, 75009 Paris.
October IFP's complaints handling procedure is available by clicking on this link.
October Factory's complaints handling procedure is available here.
In all other cases, please send your complaint to the following address: [email protected]
October IFP's credit policy and rating method are available by clicking on this link.
We may change the content and information on the Site and the Terms and Conditions at any time, including to comply with new laws or regulations or to improve the Website. Any changes will be added to the TOU.
If we modify the TOU and you continue to use the Site, this means that you accept the new TOU.
Date of last T&Cs modification: November 6, 2023