By subscribing to this contract, the Client (as defined below) agrees to the terms and conditions proposed by REVESTO to the public, in order to participate in financing projects of interest offered through the services provided by the crowdfunding lending portal hosted at https://www.revesto.com / (hereinafter referred to as the "Client" and the "Projects").
CONTRACT FOR SERVICES FOR LENDERS REVESTO S.r.l. (hereinafter "REVESTO") has its registered office at Via Panisperna 81, 00184 Roma, VAT number 1393454325, certified email (PEC) info@revesto.com. REVESTO services are provided in agreement with Lemonway SA, located at rue de la Beaune no. 14, 93100 Montreuil, France, SIRET number 500 486 915 ("Lemonway"). Lemonway is registered with the French financial authority, ACPR (http://acpr.banque-france.fr/), as a Payment Institution under number 16 568 J and holds a "European Passport" in several jurisdictions, including Italy. REVESTO and Lemonway services are provided based on what is established in section IX of Bank of Italy Resolution 584/2016. In order to participate in financing on the Portal, the Client is required to adhere to the Framework Agreement for payment services with Lemonway.
OPERATION OF THE PLATFORM 2.1 - In order to execute financings and access the Personal Area, it is necessary for the Customer to register on the Portal. Upon completion of the registration and input of the required data, REVESTO will send an account confirmation link and username, which allows the identification of the Customer by REVESTO ("Username"), along with an alphanumeric password set by the User ("Password"), to the email address provided by the User during registration. The Password and Username together are referred to as "Codes", which the Customer must use as required by the website. 2.2 - The Username will also be used by the system when the Customer accesses the platform by authenticating through one of the authorized social networks; in this case, the association will be automatically made by the computer system. 2.3 - The Password is unknown to REVESTO staff, and the Customer is required to keep it confidential; it should not be stored or written down together with the Username on a single document or documents kept together. The use of the Codes constitutes unique and sufficient proof of the Customer's identification as the legitimate user of the service. 2.4 - The Customer is responsible for diligently safeguarding the Codes, keeping them confidential, and not disclosing them to third parties for any reason; the Customer is liable for any unauthorized use of the Codes, regardless of how it occurred, including due to loss or theft. The disclosure of the Codes to any third party will be considered by REVESTO as constituting a mandate authorizing the third party to access the services under this contract. 2.5 - In case of loss or theft of the Codes, the Customer can request the blocking of their account on the Portal by sending a communication by email to info@revesto.com. 2.6 - REVESTO employs technological measures that ensure fast, accurate, and efficient computerized management of the financings negotiated and provided by Customers. In transmitting adhesions, REVESTO acts in the best interests of each Customer, in compliance with applicable regulations. 2.7 - REVESTO informs the Customer of any significant difficulties that may affect the proper completion of financing contracts, as soon as it becomes aware of such difficulties. In particular situations where there are regulatory compliance issues, REVESTO may, at its discretion, suspend the Customer's request for adherence to a contract, and will notify the Customer accordingly. 2.8 - In order to improve the quality of the online service, REVESTO reserves the right to make changes and/or additions to the technical methods and conditions of use of the service, as well as to modify its content and replace, partially or entirely, its providers at its discretion. Any such changes and/or additions will be communicated by REVESTO to the Customer in a timely manner. The Customer acknowledges that REVESTO reserves the right, also for the purpose of protecting its customers, to limit and/or exclude, in a general manner, including temporarily, the possibility of executing certain financings. Such limitations will be communicated by REVESTO through means determined from time to time by REVESTO.
RISKS RELATED TO FINANCINGS 3.1 - The Customer acknowledges that the financing operation that it intends to carry out using REVESTO' digital services is done at its own risk and declares to be fully informed and aware of the risks associated with financing, including: Risks associated with peer-to-peer lending, as it involves unregulated and unquoted financial products; Lack of liquidity in the loans granted, as they are not traded on a secondary market; Risks associated with the specific Projects the Client intends to participate in, which need to be evaluated on a case-by-case basis based on potentially incomplete information; Risk of incomplete or inaccurate user data updates; Risk of incorrect Project evaluation due to incompetence, methodological inaccuracies, or data interpretation issues; Risk of changes occurring after the evaluation of the Project conditions; Risks associated with the absence of guarantees; Risk of not achieving the expected economic return and the possibility of losing the entire funded amount. 3.2 - The Client commits to carefully reading the informational documentation of each Project on the Portal and thoroughly assessing the risks, with possible assistance from industry experts. Additionally, the Client is advised to diversify their financing across different Projects to reduce the risk of non-repayment by the Proponent. 3.3 - The Client joins the Project and enters into a financing agreement with the Proponent only after carefully examining the Project and as a result of personalized selection and computerized negotiation of financing terms, including the amount, return, and risk. 3.4 - The Client will be solely and exclusively responsible for evaluating information and making choices. The information published on the Portal does not constitute advice, recommendation, or solicitation by REVESTO.
CONTRACT CONCLUSION METHODS 4.1 - With the support of REVESTO, the affiliated Payment Institution opens a Payment Account for each Customer who has successfully passed the 'adequate customer verification', as regulated by article 114-duodecies of the TUB (Consolidated Banking Act - Legislative Decree 385/1993), on which all incoming and outgoing payment transactions are recorded. The Payment Account constitutes a separate asset from that of the Institution and is exclusively aimed at executing payment transactions requested by the account holder. 4.2 - The financing contract between the Customer and the Proponent is concluded in writing through electronic correspondence; this form constitutes a conventional form for the validity of the financing contract under Article 1352 of the Civil Code. Upon receipt of the acceptance, REVESTO provides the Customer with an electronic confirmation (via email) containing the name of the Customer, the time and date of receipt, as well as the essential elements of the concluded contract or a reference to the Customer's 'Personal Area' on the Portal, where the contract is archived. 4.3 - Each concluded financing contract can be uniquely identified by REVESTO through the assignment of a code. 4.4 - All financing contracts are recorded by REVESTO on electronic support and appropriately archived; in this regard, REVESTO' records constitute full proof; after a technical period of time, the Customer will find a copy of the signed financing contract in their Personal Area. 4.5 - The Customer acknowledges that the electronic conclusion of financing contracts entails the obligation of immediate payment of the intended investment amount, under penalty of ineffectiveness. Notwithstanding what is mandatorily provided by applicable law, the Customer is prohibited from delivering cash. 4.6 - In the event that multiple acceptances are received for a Project and cannot all be satisfied due to exceeding the Target, the contracts will be finalized according to the following principles: priority will be given to acceptances for which the provision is received first, even if the acceptances were received subsequently to others; if an acceptance cannot be fully contracted due to exceeding the Target, the Customer will receive immediate communication and can decide whether to reduce the financing within the availability limits offered by the Proponent. 4.7 - If the Customer is enrolled in the "REVESTO Professional" ("TPRO") program, this contract will be modified, as relevant, according to the provisions indicated in the Conditions for Enrolment in the REVESTO Professional Program, in order to grant the enrolled Customer the following benefits: Interest rates reserved for TPRO members for Projects on the Portal; Exclusive access to Projects in the REVESTO Lounge format; Exclusive access to the early booking phase for selected Projects; Discounted access to the complete catalog of online training content of REVESTO' "Academy Immobiliare" platform, hosted on the website at www.academyimmobiliare.it; Discounted access to workshops and training events organized by REVESTO with partners identified for their competence and relevance in the relevant sector; Participation in exclusive networking events with Customers, Proponents, and operators in the sector. The above-listed benefits, and the related modifications to this contract, will apply from the receipt of the enrollment confirmation email sent by REVESTO.
CONSIDERATION FOR SERVICES 5.1 - REVESTO does not receive any consideration from the Client for the provision of services offered. 5.2 - Notwithstanding Article 5.1, REVESTO reserves the right to request from the Client a consideration for services offered in relation to specific Projects ("Projects with Commission"), only if the Client subscribes to the financing contract with the offering company in the fundraising campaign of a Project with Commission. In case of Projects with Commission: the amount due to REVESTO will be clearly indicated for each financing contract in the relevant special conditions, under the heading "COMMISSIONS DUE TO REVESTO FROM THE FINANCIER"; said heading in the special conditions of a financing contract signed in relation to a Project with commission is an integral part of this Agreement and expressly referred to.
RIGHT OF WITHDRAWAL 6.1 - The Client may withdraw from this contract at any time. 6.2 - The exercise of the right of withdrawal by the Client will not result in the closure of the Payment Account in his/her name, for which reference is made to the provisions of the "Framework Agreement for Payment Services" signed between the Client and Lemonway. 6.3 - The exercise of the right of withdrawal precludes the Client from participating in additional Projects. If the Client is enrolled in the TPRO program, withdrawal from this contract will automatically result in the termination of the Conditions of Participation in the REVESTO Professional Program, as governed by the latter. 6.4 - Withdrawal from this Agreement does not affect the effectiveness and validity of the financing contract(s) already signed by the Client and whose repayment plan has not yet been completed. Therefore, the amounts due to the Client will be regularly credited to his/her Payment Account upon contractual maturity. 6.5 - To exercise the right of withdrawal from this Agreement, it will be necessary to send a request to REVESTO by email, from the address provided during registration, specifying the intention to withdraw from this Agreement. 6.6 - The right of withdrawal can also be freely exercised by REVESTO and will not affect the validity and effectiveness of any ongoing financings in which the Client is a party.
PERSONAL DATA PROCESSING 7.1 - REVESTO pays close attention to the protection of personal data and has implemented processes and procedures to comply with the regulations in force. When accessing the Portal and providing personal data, the Customer is required to review the information regarding the processing of their data. 7.2 - In order to open a payment account and for future cash-out operations, REVESTO will need to transfer the Customer's personal data to Lemonway SA, located at rue de la Beaune no. 14, 93100 Montreuil, France, SIRET number 500 486 915. The transfer of the Customer's data is aimed at allowing Lemonway to perform the required anti-money laundering procedures and, upon a positive outcome of the investigation, open the payment account. In accordance with the European regulations on personal data processing (GDPR), Lemonway is an independent data controller for the Customer's personal data, and the relevant information on the processing is available in Article 16 of Lemonway's General Terms and Conditions, available on the Portal.
GENERAL CLAUSES 8.1 - This contract is valid for a period of 12 months, automatically renewable for the same period. Each party has the right to terminate the contract in advance, unless there are ongoing financing arrangements. 8.2 - REVESTO reserves the right to modify - even to the detriment of the Customer - the conditions of this contract with a justified reason (such as, for example, the need to comply with legislative, regulatory, or supervisory innovations, adaptation to technological and IT developments, introduction of new services or adoption of new methods of carrying out the services, or corporate restructuring and reorganization processes, increase in costs affecting the provision of the service) and with a notice period not less than 3 days. 8.3 - The modifications referred to in the previous paragraphs shall come into effect on the date indicated in the respective communications and shall be deemed accepted by the Customer if the Customer has not exercised their right to terminate this contract or the service affected by the modifications within fourteen working days from receipt of said communications, in the manner indicated above. 8.4 - Unless otherwise provided, all terms stipulated in this contract and in the individual financing contracts are calculated considering only business days, excluding Saturdays. 8.5 - These contractual conditions and any relationship with the Customer are governed by Italian law. 8.6 - For any dispute related to this Contract, including its interpretation and execution, the exclusive competent court shall be that of Rome, notwithstanding the principles provided in the Italian Code of Civil Procedure. On the other hand, if the User is a consumer, the regulations provided by Legislative Decree 206/2005 shall apply.