The Portal may be accessible, inter alia, through the referral link at the website of Soft loans’ partner, MB Tyli siena, legal entity registration number 306316912, address of the registered office Valonų str. 21B, LT-11330, website: https://paskolareklamai.lt/. This partner acts as an agent of Soft loans and is the legitimate recipient of the Client’s Loan application. The Loan application submitted through this partner’s website https://paskolareklamai.lt/ shall be deemed as submitted directly via website https://softloans.io/ of Soft loans.
Soft loans, UAB legal entity registration number 306041971, address of the registered office Šaulių g. 3-14, LT-92137 Klaipėda, Republic of Lithuania, represented by the Andrius Griškevičius, acting in accordance with the articles of association,
who has electronically entered into this agreement, has confirmed that he/she has accepted the terms and conditions of this agreement and that he/she uses the Portal softloans.io,
Soft loans and Client shall be jointly referred to as the Parties and each individually as a Party.
These terms and conditions govern the use of the Portal, the legal relations between the Clients of the Portal and Soft loans (the Portal Regulations) and constitute the agreement between the Client and Soft loans. All Clients visiting the Portal and/or using the services provided by the Portal must comply with the rules set out in these Portal Regulations.
1. Terms and interpretation of the portal regulations
1.1 Unless the context of the Portal Regulations requires otherwise, the expressions have the following meaning:
means any legal entity, designated by the Lender and (or) Soft loans at their sole discretion, which is a licensed e-money institution authorised to issue the payment cards, issue e-money and provide payment services, as may be required for the performance of this Agreement;
means any other day than Saturday, Sunday or official national holiday in the Republic of Lithuania;
means a client who is requesting for a Loan;
means all information, including technical information, related to the other Party’s business activities, provided, made available or disclosed to one Party by the other Party during the preparation or execution of these Portal Regulations;
means the situation as described in the Loan agreement;
means the euro, official currency of the European Union;
means such scope of the purpose of the Loan, which covers the costs of acquisition of the goods in stock by the Client for the sales at the Website;
means, depending on the context, the Party who is issuing the Loan to the Client, or its assignee that has acquired all initial Lender’s rights and obligations arising under the Loan agreement;
means a loan facility that is granted to the Client, administered by Soft loans and disbursed by Lender in accordance with the terms of the Loan agreement;
Loan Disbursement Account
means an account opened with the Account Provider on behalf of the Client and used for disbursement of the Loan amount by Lender to the Client;
means such scope of the Purpose of the Loan, which covers digital advertising costs of advertising fees and online ads at Meta and Google, which are incurred by the Client in respect of the Website;
means the payment processing platform authorised by Soft loans for the use by the Client, where the Settlement Account must be placed by the Client for collection of all payments received from the sales at the Website;
means the platform at the domain name softloans.io of Soft loans, where the Client has been redirected from the websites of the agents of Soft loan, which is intended for submitting the Loan application, setting up the Client’s profile, referring the Client to the Account Provider and performing all actions related to administration of the Loan;
means these terms and conditions that govern the use and access of the Portal. The purpose of Portal Regulations is to establish a legally binding agreement between the Soft loans and the Client, ensuring a clear understanding of the rules and expectations for using the Portal;
means a Client’s individual account protected by a unique password (created by the Client from a recommended combination of digits and symbols) for the Client to perform various actions on the Portal, i.e. to submit applications, receive notifications from the Soft loans, use the Loan Disbursement Account and the Settlement Account, and otherwise manage account;
means an account opened with the Account Provider on behalf of the Client, which the Client shall indicate at the Payment Processor and the Website as the exclusive account for collection of payments from the sales at the Website, and from which Loan repayment instalments shall be deducted by Soft loans;
means all direct and indirect taxes and other mandatory charges and duties (including any income tax, land tax, real estate tax, value added tax, withholding tax, social security contributions), together with any interest, penalties, residual tax charges or additions to tax, all under applicable laws;
means the domain name used for the Client’s e-commerce store the Loan was issued for, where the Payment Processor and the Settlement Account must be placed by the Client;
2. Undertakings of the parties
2.1 The Soft loans:
- shall receive the Loan application via a Profile, score the Client and complete the Client risk assessment in accordance with the rules and procedures set out by the Lender;
- if the results of the Client risk assessment meet full satisfaction of Soft loans, the Soft loans shall provide the Loan offer to the Client and sign the Loan agreement with the Client. The validity of the Loan offer shall be subject to proper completion of the Client onboarding process at the Account Provider platform and opening of the Loan Disbursement Account and the Settlement Account for the Client by and on behalf of the Account Provider, where the Client will include the Payment Processor to the Settlement Account;
- shall facilitate the issue of the Loan to the Client by procuring the transfer of the funds from the Lender;
- shall take necessary actions to issue the Card to the Client, within reasonable time limits after transferring the Loan to the Loan Disbursement Account;
- shall ensure that the Loan application process is transparent, and Client are informed about the status and progress of their application;
- shall protect the confidentiality and security of Clients’ Loan application information in accordance with the applicable laws and regulations;
- shall establish an effective complaints’ handling process to address and resolve Client’s complaints in a fair and timely manner;
- shall maintain records of complaints received, including details of the complaint, actions taken, and any resolutions or outcomes, in compliance with the applicable laws and regulations.
2.2 The Client:
- shall complete the Loan application accurately and provide all required information and documentation in a truthful manner;
- shall inform the Soft loans immediately of any changes to their financial or personal circumstances that may impact the Loan application or repayment ability;
- shall not to infringe the rights and legitimate interests of the Soft loans and third parties;
- shall not to provide false and/or misleading information about itself or other incorrect information on the Portal to the Soft loans on the Portal;
- shall not spread computer viruses and/or take any other measures that could disrupt the operation of the Portal, damage or destroy information and cause other damage to the Portal or the Soft loans services;
- shall keep up-to-date Client’s corporate information (including, but not limited to, the name of its legal representative and contact details);
- shall change the login data to the Profile if there is a risk that these data may have become known to a third parties;
- shall strictly adhere to the procedures set out in the Portal Regulations;
2.3 The Soft loans shall have the authority to impose conditions on the Client's use of the Portal, including the Client's complete exclusion from the Portal, and to take any other action the Soft loans deems necessary, including, but not limited to, suspending or failing to exercise its rights and obligations as the Soft loans, provided that any such action or failure to act on the part of the Soft loans is required for securing the unqualified function.
3. Registration process and usage of the portal
- To access and use the Profile, the Client must complete the registration process by providing accurate and complete information. The Client agrees to provide truthful, current, and complete information during the registration process and to update it promptly if any changes occur.
- The Client must create a unique username and password to secure its Profile. They are responsible for maintaining the confidentiality of their Profile credentials and for all activities that occur under their Profile. The Client is solely responsible for any activity that occurs under their Profile, and the Soft loans shall not be liable for any loss or damage arising from unauthorised access to the Client’s Profile.
- By completing the registration process and using the Portal and/or Profile, the Client acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of these Portal Regulations, including any applicable policies or guidelines referenced herein.
- The Client shall not engage in any activity that may disrupt or interfere with the functioning of the Portal and/or Profile, its servers, or networks. The Client shall not attempt to gain unauthorised access to any part of the Portal, other Client Profiles, or any related systems or networks.
- If the Client does not agree to any provision of these Portal Regulations, they should refrain from using the Portal and terminate their Profile before entering into the Loan agreement. Once a Loan agreement has been signed, it becomes mandatory for the Client to use the Portal to exchange notifications with the Soft loans and to use properly the Loan Disbursement Account, as well as the Settlement Account.
4. Interruptions and incompatibility of the portal
- The Soft loans acknowledges that there may be circumstances beyond its control that could temporarily affect the availability of the Portal. These circumstances include, but are not limited to, equipment malfunctions, periodic updates, maintenance or repair activities, or other actions that the Soft loans, in its sole discretion, may choose to undertake. These situations may result in an occasional unavailability of the site.
- Additionally, interruptions in data transmissions may occur, and the Portal may contain links to external sites whose content cannot be monitored by the Soft loans. Therefore, it is possible that Client’s access and use of the Portal may be interrupted from time to time. The Soft loans reserves the right to suspend or terminate the availability of the Portal, or any portion or feature thereof, at any time and at its sole discretion, without a prior notice.
- The Soft loans acknowledges that there may be instances where the Portal is inaccessible or does not function properly with the Client's specific web browser and operating system.
- The Soft loans cannot be held responsible for any damages that may occur as a result of the content, operation, or use of the Portal. Furthermore, it is the responsibility of the Client to ensure they have obtained and maintained all necessary access services, equipment, or services required to access and use the Portal.
5. Loan application process
- In order to submit a Loan application through the Portal, the Client must first create a Profile according to the registration process provided above.
- The Client will fill out the Loan application form within the Profile, providing all required information and documentation accurately and completely. This includes personal, financial, and any other relevant details requested by the Soft loans.
- By submitting the Loan application, the Client acknowledges and agrees that their electronic signature (including, but not limited, ticking a checkbox, pressing a button, etc.) on the application form has the same legal effect as a handwritten signature. Before signing the Loan application, the Client identity may need to be verified by permissible electronic means, including but not limited to an electronic signature and/or electronic identity document.
- The Soft loans reserves the right to request additional documentation or verification of the information provided in the Loan application. The Client agrees to cooperate and provide any requested documents or information promptly. If the Client fails to provide the requested information within the time limit set by the Soft loans, the Loan application may be rejected.
- The Client understands that submitting the Loan application does not guarantee Loan approval or disbursement. The Soft loans will process the Loan application within a reasonable timeframe, but not later than 14 (fourteen) Business Days. The Client acknowledges that any delays or issues arising from incomplete or incorrect information may affect the processing time.
- The approval of the Loan application is subject to the Soft loans' assessment and adherence to its internal policies, regulations, and legal requirements. The Soft loans reserves the right to reject or cancel the Loan application at any stage without providing any reason.
- Upon occurrence of the specified conditions precedent, the Lender shall transfer the approved Loan amount to the Client's designated Loan Disbursement Account, subject to the terms and conditions of the relevant Loan agreement.
6. Anti money laundering process at the account provider
- By submitting the Loan application, the Client acknowledges and agrees to undergo a thorough identity verification process at the Account Provider, which is indispensable from opening the Loan Disbursement Account and the Settlement Account and is among the conditions precedent for issuing the Loan. This may include providing valid identification documents, such as a government-issued ID card or passport, proof of address, and other supporting documents as requested.
- The Soft loans will redirect the Client to the Account Provider through the Portal Profile, to comply with the AML requirements and ensure the legitimacy of the Loan application.
- In certain cases, the Account Provider may conduct enhanced due diligence measures, including but not limited to requesting additional information, conducting background checks, and seeking independent verification of the information provided.
- The Client acknowledges that the Account Provider will be able to reserve the right to conduct ongoing monitoring of the Client’s Disbursement Account and (or) Settlement Account and transaction activity to detect and prevent any suspicious or illegal activities.
- The Client acknowledges that the Soft loans will ensure the implementation of fraud monitoring program which includes fraud checks during Client’s onboarding, ongoing monitoring of Client’s logins and activities on the Portal, reporting all fraudulent actions to the Account Provider in timely manner.
- The Client acknowledges that the Account Provider may have an obligation to report any suspicious transactions or activities that may be indicative of money laundering, terrorist financing, or other illegal activities to the appropriate authorities. By using the Portal, the Client acknowledges and agrees to cooperate fully with any requests for information or documentation related to such reporting obligations.
7. Usage of the loan disbursement and settlement accounts
- The Loan Disbursement Account and Settlement Account shall be opened on behalf of the Client with the designated Account Provider. The purpose of the Settlement Account is to receive payments from the Client's e-commerce store and facilitate Loan repayment transactions. The Loan Disbursement Account and Settlement Account cannot be changed without prior consent of the Soft loans.
- The Client understands that any misuse or unauthorised use of funds from the Loan Disbursement Account for Inventory and/or Marketing purposes, including the unauthorised deletion of the Profile without the prior written consent of the Soft loans, may result in a Default Event, as it is specified in the Loan agreement. The Client shall be solely responsible for any losses or liabilities arising from non-compliance with the approved terms and conditions.
- The Client acknowledges that the Account Provider is a separate entity and that the terms and conditions of the Account Provider govern the operation of the Loan Disbursement Account and the Settlement Account.
- The Client acknowledges that the Soft loans has the authority to deduct Loan repayment amounts from the Settlement Account. The Client authorises the Account Provider to execute such deductions as instructed by the Soft loans, in accordance with the Loan agreement between the relevant parties.
- The Client understands that the Soft loans may have access to certain transactional data and information related to the Settlement Account for the purpose of Loan administration and repayment tracking. The Client is informed of sharing of such information between the Soft loans and the Account Provider, to the extent necessary for the proper administration of the Loan.
- The Party which receives Confidential Information or has access to such information shall undertake not to disclose it to third parties or not use it for any other purposes, except to the extent necessary for performance of these Portal Regulations or as may be required by public authorities in accordance with the Lithuanian laws or laws of any other relevant jurisdiction.
- In the event of any doubts as to whether the information provided by the Party is confidential, the Party receiving such information shall consider such information confidential unless the disclosing Party indicates otherwise.
9. Proprietary rights
- The Client acknowledges that all intellectual property in and to the software, the Profile and any accompanying documentation (including any modifications to them) belongs and shall belong to the Soft loans, and the Client shall have no rights in or to the software, the Profile or their accompanying documentation other than the right to use them in accordance with the terms of these Portal Regulations.
10. Data protection
- The Client acknowledges that any personal data provided to the Soft loans for the purposes of Loan administration shall be processed in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).
- The Client acknowledges that the Portal may collect and process personal data for the purposes of providing services, administering accounts, processing Loan applications, conducting fraud checks, improving Client experience, and complying with legal obligations.
- The Soft loans shall implement appropriate technical and organisational measures to ensure the security and confidentiality of personal data, protecting it against unauthorised access, loss, or destruction.
11. Validity and termination
- These Portal Regulations shall remain in full force and effect for the duration of the Client’s access and use of the Portal, starting from the moment the Client accepts these terms and conditions.
- By accepting these Portal Regulations, the Client acknowledges and agrees that electronic signatures, including but not limited to ticking a checkbox, pressing a button, or signing with other type of electronic signature, shall have the same legal validity and enforceability as handwritten signatures. The Soft loans shall maintain electronic records of the Client’s acceptance of these Portal Regulations and any subsequent amendments or modifications.
- The Client agrees that the Portal reserves the right to suspend, restrict, or terminate the Client’s access to the Portal and/or Profile at any time and for any reason, without prior notice, including but not limited to instances of suspected violation of these Portal Regulations, fraudulent activities, or non-compliance with applicable laws and regulations.
- The Client may not discontinue the use of these Portal Regulations and delete the Profile until full Loan repayment. Due to the functional links between the Settlement Account and the Profile, deletion of the Profile shall be deemed as the non-authorised change of the Settlement Account at the Payment Processor, which under the Loan agreement is qualified as a Default Event.
- The discontinued use of these Portal Regulations shall not affect any rights or remedies of the Lender and (or) the Soft loans under the concluded Loan agreement, nor shall it relieve the Client of any outstanding payment obligations or liabilities.
12. Notices and communication
- Any notice or other formal communication under the Portal Regulations must be in English or Lithuanian and in writing (which, for the purposes of this clause, includes e-mail and registered office address).
- The Client agrees to receive all communications, notifications, and notices from the Portal electronically. This includes, but is not limited to, email notifications, messages within the Client’s Profile, or announcements on the Portal's website.
- The Client understands that certain communications or notices may be time-sensitive and agrees to review their Profile and email regularly to stay informed about important updates, changes, or notifications from the Soft loans.
- The Client is responsible for ensuring that the e-mail address provided during registration or in these Portal Regulations is accurate and up to date. The Client agrees to promptly update their contact information if any changes occur, including within the Profile.
- The Client acknowledges that the Soft loans is not responsible for any delay, non-delivery, or failure to receive any communication or notice due to technical issues, including but not limited to internet connectivity, email delivery, or system errors.
- The Client acknowledges that all communications, notifications, and notices provided electronically satisfy any legal requirement for written communication.
- Any communication or notice sent by the Client to the Soft loans should be made through the designated communication channels provided by the Portal, as specified on the website or in the Client’s account or provided in these Portal Regulations.
13. Complaints procedure
- The Soft loans provides a procedure for Clients to submit complaints regarding its services or any related issues. The Clients may submit complaints through a designated Soft loan’s customer support by email firstname.lastname@example.org.
- The Soft loans will promptly acknowledge the receipt of the complaint and initiate an internal review of the matter. The Soft loans will assign a responsible person or department to handle and investigate the complaint.
- The Soft loans will make reasonable efforts to resolve the complaint within a reasonable timeframe. The specific resolution period may vary depending on the complexity and nature of the complaint. The Soft loans will aim to provide a resolution or response within 14 (fourteen) Business Days from the receipt of the complaint.
- During the complaint handling process, the Soft loans will maintain open communication with the Client, providing updates on the progress of the investigation and any additional information or documentation required.
- The Soft loans will maintain a record of all complaints received, including details of the complaint, actions taken, and any resolutions or outcomes. the Soft loans may use this information for internal analysis and improvement of its services.
- The handling of complaints by the Soft loans does not affect the Client’s statutory rights or any other legal remedies available to them. Clients are free to pursue any additional legal actions or remedies as permitted by law.
14. Governing law and dispute resolution
- The Portal Regulations shall be governed by the substantive laws of the Republic of Lithuania.
- Any dispute, arising out of or relating to these Portal Regulations, shall be finally settled by applicable courts of Lithuania. All procedural documents shall be served via Parties’ e-mails. The law of the Republic of Lithuania shall be applicable to the dispute.