Please read the terms of use carefully. By accessing the website of Loantrade AG (hereinafter referred to as the "Loantrade Website"), all related pages and applications/platforms, and the other use of our services and offerings, you declare that you have understood and agree to the following terms and legal information.

Introduction

On the Loantrade Website, registered users or authorised third parties (hereinafter also referred to as "Users") have the opportunity to place an investment request. Loantrade's business model involves financing loans from third-party providers (hereinafter "Originator"), where the financing of the loan amounts occurs through a contractual agreement between Loantrade or the cooperating companies CG24 Group AG or CreditGate24 Excellence AG (hereinafter "Loantrade Partner") and the investors, and these claims then pass directly from Loantrade or the Loantrade Partner to the investing Users (hereinafter "Investors") through sale by assignment. Users or Investors thus have the opportunity to acquire credit claims from borrowers of various Originators through the Loantrade Website.

Address

The Loantrade Website and offerings are exclusively intended for natural persons residing in Switzerland or Liechtenstein and for legal entities.

Registration and Usage

The use of Loantrade's services requires registration. Registration is completed by opening a personal user account (hereinafter "Account"), with consent to these terms of use. Registration is open to all capable natural persons who are of legal age, in addition to legal entities. Minors (i.e., persons who have not yet reached the age of 18) as well as natural persons with residence outside Switzerland or Liechtenstein (excluding those residing outside Switzerland or Liechtenstein who have a bank account with a Swiss bank) are excluded from using the Loantrade Website, as well as the products and services offered on it. Each user can only have one Account; the Account is personal and not transferable (exceptions may be granted in certain cases, such as for asset managers). Users undertake to provide the necessary information for registration completely and truthfully. Changes must be updated promptly so that the information is always complete and correct. Incomplete registrations will be deleted by Loantrade after a reasonable period. In case of false or fraudulent information, Loantrade reserves the right to terminate the user agreement and all other contractual relationships with the respective Users immediately. Registration does not entitle Users to an investment on the Loantrade Website. Loantrade reserves the right to reject submitted investment requests without giving reasons.

Wallet Function

The Loantrade Website uses a wallet function (hereinafter "Wallet") for the more efficient and easier handling of investment funds of registered Users. It is not in any way or form equivalent to a bank account.

Deposit and withdrawal rights

Registered Users of Loantrade can make deposits, among other methods, via bank transfer or direct debit, whereby the corresponding amount is displayed in their Wallet. Each User has the right to withdraw available funds at any time, provided that there are no outstanding obligations to Loantrade or affiliated companies, services, or applications. In case of such obligations, Loantrade has the right to set these  off.

Withdrawal of inactive funds

In the interest of simplifying transaction processes and improving user-friendliness, but mainly due to legal requirements, Loantrade will autonomously transfer all funds in the Wallet back to the registered Users' designated bank account after a 59-day inactivity period of the respective amount. Users are advised to monitor their activities and take appropriate measures to prevent automatic withdrawal of inactive funds.

Exclusive use for investment payments

The Wallet provided by Loantrade is exclusively intended for payments related to investments on Loantrade. It does not have a dedicated IBAN for individual Users. The main purpose of the Wallet is to reduce transaction frequency and simplify the investment experience for Users. Loantrade reserves the right to terminate a customer relationship or take appropriate measures if the Wallet is misused for purposes other than investments on Loantrade.

Fees and disclaimer

Loantrade does not charge fees for deposits. However, Users are responsible for any fees charged by their bank during the deposit transaction. It is the User's responsibility to be aware of and understand the fee structure of their respective bank. Funds from Investors in the Wallet do not earn interest, and Loantrade cannot be held liable under any circumstances if funds from Investors are not available in the desired manner and at all times due to, including but not limited to, technical problems.

Costs and Fees

Registration on the Loantrade Website is free. Costs or external expenses (e.g., postage, identification costs, etc.) caused by Users will be billed separately to the Investors.

The following fees apply to investments through the Loantrade Website:

• 15% on the interest income of a respective investment of the Investor, which is settled with each interest income payout to the Wallet.

• 0.25% transaction fee on the transaction volume on the secondary market, both for buying and selling.

Users can transparently view the fees before each transaction.

Data Security and Use of Data

Users naturally provide information such as the following: first and last names, place of residence and address, username, email address, information on financial circumstances, etc. This information is stored on servers. The data is used by Loantrade exclusively to fulfill the service. For this purpose, the data is stored in a database. Loantrade makes every effort to protect the data of the Users and preserve their privacy, as described in the privacy policy. Users are prompted to provide their personal data at various locations on the Loantrade website. Due to the nature of the internet, data may circulate across borders through servers abroad. If Users decide to transmit personal data to Loantrade via the internet or email, such data will be treated in accordance with applicable data protection regulations and secured against unauthorised access by third parties. The data is processed by and for Loantrade as well as affiliated group companies, with third parties in Switzerland and abroad possibly being commissioned to process the data. Loantrade and affiliated group companies use the data exclusively for contract processing, as well as for the purposes expressly mentioned in the terms of use and the general terms and conditions of Loantrade. It should be noted that confidentiality cannot be fully guaranteed in the transmission of emails. Emails may potentially be viewed, forged, altered, or deleted by third parties. Emails may also contain harmful computer programs such as viruses, worms, or trojans. By using the Loantrade website, the User agrees to the processing of the data collected about them in the manner and for the purpose described above.

Financing Commitment from Users to Funding Requests 

After the approval of a funding request from an Originator by Loantrade, it becomes visible on the Loantrade website and is labelled as an investment. Each User or Investor has the opportunity to financially participate in a listed investment up to the full credit amount within a specified period (hereinafter referred to as the "Investment Period"). Participation is made by entering a financing amount in the designated field on the Loantrade website. The User or Investor confirms their financing commitment by clicking a button. The submission of the financing commitment is binding, and the respective User or Investor is obligated to provide the corresponding amount upon the conclusion of the credit agreement between the credit applicant and the originator by purchasing the credit claim to the extent of their financing commitment. Modification or withdrawal of a financing commitment is not possible. Subsequently, investors on Loantrade are provided with a PDF file containing the offer for the "Agreement on the Sale, Assignment, and Paid Administration of Future (Partial) Claims from a Credit Agreement" (hereinafter referred to as the "Agreement"), signed by Loantrade or the Loantrade Partner. Upon sending the confirmation, the Agreement, including the contained claim purchase, between the Investors and Loantrade or the Loantrade Partner, is conclusively concluded. The Agreement or the claim purchase between the Investors and Loantrade or the Loantrade Partner is subject to the following suspensive conditions:

• A sufficiently financed investment is established, meaning the requested credit amount by the originator is covered by the sum of all financing commitments from the investors within the Investment Period, or the originator agrees to a lower credit amount, and an effective credit agreement is concluded between the originator and the borrower.

After the expiration of the Investment Period, Investors are informed whether an investment has been successfully established.

Sale of Acquired Investments or Investment Shares Before the End of the Investment Term by Registered Investors

The secondary market allows registered investors of Loantrade to sell their investments before the end of the term, thereby receiving their investment amount, which is not yet fully repaid at that time, prematurely. The secondary market also enables Investors to purchase shares in existing investments with a shorter remaining term. Investors pay the transaction fee listed under 5, as well as the unchanged service fee of 15% on all returns, including any investments purchased on the secondary market. Investors who wish to sell one or more of their investments can submit the order on Loantrade. Once buyers are found for the offered investments and they transfer the purchase price, the investment is transferred, and the sellers receive their money. Investors who have recorded an investment for sale continue to receive all amortisation and interest payments from the borrowers until the point at which the buyers complete the purchase of the investment. Payments received from this point onward will be paid to the buyers after the successful completion of the sale. The purchase price will be adjusted accordingly so that the invoiced purchase price accurately reflects the cash flows. In the case of an unsuccessful sale, all cash flows go to the sellers. All consequences related to a default are the responsibility of the sellers until the payment of the purchase price and the associated completion of the investment transfer.

No Guarantee, Advice, or Recommendation (Investors)

Before commencing any cooperation, Loantrade conducts an examination of the originators and their processes, including but not limited to the credit granting processes, portfolio quality, compliance with legal and data protection requirements, as well as credit management processes and policies. This examination is conducted by Loantrade to ensure the operational functionality of the investments made available for investment. In the course of the examination, Loantrade relies on the information provided by the originators and the documents submitted by them in this context. The result of the examination neither constitutes a guarantee of the creditworthiness of the borrowers nor a recommendation to purchase the respective investments. Accordingly, Loantrade assumes no liability for any losses incurred by investors resulting from credit defaults and disclaims any liability in this regard to the extent permitted by law. Loantrade also does not assume any liability towards Investors for incidents involving or in connection with various originators. In particular, Loantrade does not provide advisory services. Investors are expressly informed that the purchase of credit claims may involve risks, including the loss of part or the entire claim amount.

No Offer

The published information on the Loantrade website or in any other form neither constitutes a solicitation, an offer, nor a recommendation to purchase an investment or claim, to carry out specific transactions, or to undertake or enter into any other legal transaction.

Warranty and Liability Disclaimer

Loantrade provides the information on the Loantrade website or in any other form without any guarantee. It assumes no responsibility and makes no warranty for the functionality, accuracy, or virus-free nature of the Loantrade website. Any liability of Loantrade for direct or indirect damages arising from accessing the elements of the Loantrade website or their use, as well as from the impossibility of access or use, is expressly excluded. Loantrade also disclaims any liability for manipulations to the internet user's computer system (viruses, worms, trojans, etc.) by third parties. Users must not provide their account to third parties and are fully responsible for all activities carried out using their account. The password and username must be kept confidential and must not be made accessible to third parties. In case of any misuse, liability is disclaimed by Loantrade.

Use of Address Information

Loantrade, as well as affiliated group companies, are authorised to use the data transmitted to Loantrade for marketing purposes. Users expressly agree that Loantrade and affiliated group companies may occasionally send information about the company, its products, and services to their postal and email address, as well as via SMS or other communication applications. Users acknowledge that they can reject the use of their customer data for marketing purposes at any time by sending a written notice to Loantrade AG, Baslerstrasse 60, 8048 Zurich, or by email to info@loantrade.io.

Links

Loantrade provides hyperlinks on the Loantrade website to other websites. Loantrade has not reviewed these hyperlinks and is not responsible for the content of the linked websites. Establishing connections to other websites is done at your own risk.

Copyright

All elements of the Loantrade website or other documents are protected by copyright and trademark law. Any commercial use of the elements is only permissible with the prior written consent of Loantrade. Loantrade is a registered trademark.

Changes to Terms of Use

Loantrade reserves the right to change, update, or supplement these terms of use at its own discretion. Users will be informed of any changes to the terms of use, and continued use of Loantrade constitutes acceptance of the revised terms. 

Jurisdiction and Applicable Law

For all disputes between users of the Loantrade website and Loantrade arising from the operation, visit, or use of the Loantrade website, the exclusive place of jurisdiction is agreed to be the registered office of Loantrade. Loantrade is free to sue at the domicile of the users. Swiss substantive law applies.