By visiting the "lend.ch" website (including sub-domains) (the Platform) users agree to the following General Terms and Conditions of Business (the GTC) and the data protection declaration of Switzerlend AG, Hofackerstrasse 13, 8032 Zurich (the Operator).
The Operator is entitled to amend these GTC at any time and to publish the current version on the Platform. Members will be notified in advance by means of a notice in their user account or in any other appropriate manner.
For the purpose of linguistic simplicity, the masculine form is used throughout these GTC, but should always be understood to refer to persons of both genders.
The Platform enables borrowers (the Borrowers) to conclude a loan agreement with the Operator (the Loan Agreement ) and investors (the Investors) to purchase and transfer contract and/or assign the loan claims (the Loan Claims) arising from the Loan Agreement . The Operator is also the Operator of the Platform. No Loan Agreement is concluded between the Borrower and the Investors. The Operator is subject to the money laundering legislation and has a licence as lender in accordance with the Consumer Credit Act.
The GTC govern the use of the Platform. Between the Operator and the Borrowers, the General Terms and Conditions for Borrowers apply in addition. Between the Operator and the Investors, the General Terms and Conditions for Investors apply in addition.
Registration and Membership
A person can either register as Investor or Borrower on the Platform (the Member). The membership is personal and non-transferable. Group registrations (including married couples, families etc.) are not permitted. The use of the Platform is limited to Members. There is no entitlement to membership. The Operator can reject registration requests without stating the reason.
Membership is open to both legal entities as well as individuals over the age of 18. Borrowers must be domiciled or resident in Switzerland or Liechenstein. Operator is entitled and has full discretion to request respective proof.
The information required for registration and submitted to the Operator must be complete, accurate and truthful. The Operator reserves the right to review the information and, where necessary, to obtain information from third parties. Changes of personal data are to be updated without request and without delay.
Members must be identified by the Operator in accordance with the statutory and legal requirements. The Member must provide the Operator with the necessary means of identification.
Member can terminate their membership at any time. The termination must be made in writing and sent to the Operator by post. The termination shall only be effective and confirmed by the Operator, if and as soon as:
(a) the Member is not a Borrowers or Investor of a Loan Project; and
(b) the Member has no outstanding debts from the use of the Platform vis-à-vis the Operator.
The Operator may limit the use of the Platform by a Member and may decide to temporarily or permanently exclude a Member without stating the reasons. The exclusion of a Member does not affect any outstanding debts of the Member vis-à-vis the Operator.
Loan and Financing
The Borrower can request a loan from the Operator on the Platform (the Loan Application). The Borrowers must provide complete, accurate and truthful information regarding his person, his income and expenses as well as his past payment behaviour and provide the requested evidence, if any.
The Borrower may purchase insurance against the risks of death, inability to work and unemployment. The terms and conditions of such insurance can be viewed on the Platform.
The Borrower authorises the Operator to obtain any and all information required to review the loan application and to process any loan agreement, in particular from government agencies, external credit bureaus, banks, the Central Credit Information Office (ZEK) and the Consumer Credit Information Office (IKO) and to report to such third parties. Any data blocks imposed by the Borrower are irrevocably lifted vis-à-vis the Operator.
After the assessment of the creditworthiness has been completed, the Operator performs a scoring of the Borrower (the Scoring) in order to assign one of the applicable risk categories. On the basis of this Scoring, the Operator determines the loan terms such as the interest rate, term and loan amount.
After reviewing the Loan Application, the Operator may make one or several offers for a Loan Agreement to the Borrower or reject the Loan Application without stating reasons, in particular if there may be an existing Loan Agreement between the Borrower and the Operator. Upon confirmation by the Borrower of a Loan Agreement offered by the Operator, the respective Loan Agreement will be sent to the Borrower (the Loan Project). The Operator will then publish the Loan Project on the Platform, which is the beginning of the financing period.
With the publication of the Loan Project, information on the Borrower is made available to users of the Platform. In addition to personal details, these include the Borrower's creditworthiness and financial situation. Disclosure is made to provide Investors with a basis for making their financing decision. Information is generally provided in anonymized form but may be personalized with the consent of the Borrower.
During the financing period that is set by the Operator, Investors may purchase Loan Claims (the Financing Commitment). An Investor may make one or more Financing Commitment.
A Financing Commitment is binding until the end of the financing period and cannot be changed or cancelled. It is only possible to revoke the Financing Commitment if no other Financing Commitment have been made for the respective Loan Project.
With the conclusion of a valid Loan Agreement, the Operator assigns the Loan Claims in the amount of the Financing Commitment, or the sum of multiple Financing Commitment, to the Investor in accordance with the provisions of the assignment agreement concluded with the Investor.
Risk warning – individual responsibility of the Members
The Operator does not make any recommendation to conclude a Loan Agreement or to purchase a Loan Claim. Members cannot derive any claims from the Scoring or loan terms.
When concluding the Loan Agreement or when purchasing a Loan Claim, Members act on their own responsibility and obtain the required information about the involved risks and their capacity to carry such risks independently and individually. The conclusion of a Loan Agreement or purchase of a Loan Claim respectively, is in the sole responsibility of the respective Member.
The fees for the use of the Platform for Borrowers as well as Investors are based on the respective General Terms and Conditions for Borrowers or Investors, and the applicable Fee Schedule.
Protection of privacy
The data protection declaration available on the Platform is an integral part of these GTC. With the acceptance of the GTC, the user also declares that he accepts and agrees to the data protection declaration.
Disclaimer of liabilitys
The Operator's liability for slight negligence, for auxiliary persons (mandated third parties and/or affiliated companies) and for all indirect damages is excluded. Liability according to mandatory law shall remain unaffected.
The Operator shall not be liable for any temporary non-availability of the Platform's functionalities nor any related technical problems or malfunctions. The Operator assumes no liability and provides no guarantee for websites of third parties which can be accessed via links on the Platform.
The Operator shall not be liable for any damage caused by Members or third parties to other Members or third parties and in connection with the use or misuse of the Platform.
Transfer of rights and obligations to third parties
Member agree that for the purpose of outsourcing, the OperatorR assigns or transfers all or part of the rights and obligations arising from the GTC (outsourcing) to third parties in Switzerland or abroad.
Applicable law and place of jurisdiction
The General Terms and Conditions are subject to Swiss substantive law. The application of Swiss private international law and the international treaties, in particular the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods is excluded. Exclusive place of jurisdiction is Zurich, subject to mandatory jurisdiction.