General Terms of Service
1. WHO WE ARE
1.1 We are Loanitt Limited, a company incorporated under the laws of Ireland with company registration number 643708, whose registered office is is Knockeen, Piltown, Co. Kilkenny.Ireland (referred to as “Loanitt”, “we”, “us” or “our”).
Our Role as a Credit Intermediary
1.2 Loanitt is a credit intermediary which arranges or offers to arrange the provision of credit from providers of credit through an online platform for a consumer.
1.3 We are authorised by the Competition and Consumer Protection Commission in the provision of our credit intermediary services.
2. YOUR AGREEMENT WITH US
2.2 This Agreement governs your access and use of the Loanitt services, website, apps, and related technology we offer (“Services”). You should therefore read this Agreement carefully and in its entirety. The Agreement sets out the terms of (a) your registration with Loanitt; and (b) the use of Loanitt Services. Before you can benefit from Loanitt Services you are required to:
- read these Terms and tick the box confirming the accuracy of the information provided and your agreement with these Terms; and
- provide us with such documentation, identification documentation and information as we may reasonably request to comply with our regulatory obligations.
2.3 To be eligible to use the Loanitt Services, you must:
- pass our regulatory due diligence checks, as applicable;
- not be in breach of these Terms; and
- not have had any previous Loanitt Account closed by us.
2.4 Once you have completed the above and you have passed our internal checks, as applicable, we shall make Loanitt Services available to you.
2.5 You confirm that you have provided the correct information during the process of registering with Loanitt. You undertake that, if your details change, you will notify us immediately. You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate information.
3. REGULATORY INFORMATION
3.1 We are subject to the Consumer Credit Act, 1995 (as amended) which regulates the authorisation of and advertisement by credit intermediaries and are authorised by the Competition and Consumer Protection Commission in the provision of our credit intermediary services.
4.1 We may change this Agreement as needed in our sole discretion from time to time to update it or make other modifications that we consider necessary. For example, we may need to makes change due to changes in applicable law or regulations, due to changes to our business or operations, or due to enhancements or additions to the Services.
4.3 You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are notified.
5. COMMENCEMENT & TERM
5.1 These Terms shall commence on the day that you accept these terms at the point of application and shall continue until terminated in accordance with Clause 4(Changes) and/or Clause 20 (Termination).
5.2 You may be required to provide supplemental information to us to be able to use all of the functionality available.
5.3 We may stop your access to Loanitt Services on reasonable grounds relating to:
- the security of Loanitt;
- the suspected unauthorised and/or fraudulent use of the Loanitt Services.
5.4 If we do stop your access in such instances, we will inform you via written communication.
6. ACCEPTANCE OF MEMBERSHIP
6.1 We reserve the right to accept or refuse your registration, to the extent permitted by applicable law.
7. THE LOANITT PLATFORM
7.1 The Loanitt platform is our portal where you can, among other things:
- provide basic information
- submit a credit application
- review and accept or decline offers of credit from credit providers
- view your Loanitt information details; and
7.2 You may access the Loanitt platform via the App or the website: www.loanitt.ie.
8. VERIFICATION OF IDENTITY
8.1 You agree to cooperate with all requests made by us or any of our third party service providers on our behalf in connection with your Loanitt Account, to identify or authenticate your identity or validate your funding sources. This may include, but not limited to, asking you for further information that will allow Loanitt to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number instruments or verifying your information against third party databases or through other sources.
8.2 We reserve the right to close, suspend, or limit access to your Loanitt Account and/or the Loanitt Services in the event we are unable to obtain, verify such information or you do not comply with our requests under 7.1 of these Terms.
8.3 You must ensure the information on your Loanitt Account is always accurate and up to date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again.
9.1 You must ensure that you take all reasonable steps to ensure that your log-in details to access to the Loanitt platform or App are kept safe and secure.
9.2 The requirement in Clause 9.1 includes, but is not limited to, for the avoidance of doubt, you:
- closing the Mobile App every time you are not using it;
- keeping the Mobile you use to gain access to the Loanitt Platform safe and secure and locked with a secure password or other security mechanism;
- not writing down or telling anyone your log-in details;
- changing your log-in details regularly;
- if you receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your log-in details, not providing your information and contacting our Customer Services team;
9.3 ensuring that the Mobile and e-mail account(s) you use to communicate with us are secure and only accessed by you, as the Mobile and e-mail address may be used to reset your log-in details or to send information relating to the security of the Loanitt Platform;
9.4 if at any time you think that your log-in details has been lost, stolen or any other person knows your log-in details or anyone has access to your e-mail account or Mobile you use to communicate with us, informing Customer Services immediately;
10. RESTRICTIONS ON THE USE OF THE LOANITT SERVICES
10.1 When using or accessing the Services you must: (a) comply with the Agreement; (b) comply with all applicable laws, including, without limitation, privacy and data protection laws, intellectual property laws and other rights of any third party, tax laws, export/import laws and other regulatory requirements in connection with your use of the Services; and (c) carefully consider what content you upload, download, display, reproduce, record, copy or share through the Services.
10.2 It is not permitted to:
- use the Loanitt Services for any illegal purposes, including, but not limited to fraud. Loanitt will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
- use the Loanitt Services to abuse, exploit or circumvent the credit provided by financial institutions, or to obtain credit without repaying the amount partially or in full;
- breach these Terms, or any other agreement or policy that you have agreed with Loanitt;
- create more than one Loanitt Account without our prior written consent;
- use the Loanitt Services to violate any law, statute, ordinance, or regulation;
- use the Loanitt Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services;
- infringe Loanitt’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- act in a manner that is defamatory, libellous, threatening or harassing when using the Loanitt Services; provide us with false, inaccurate or misleading information;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or interfere or attempt to interfere with the Loanitt Services;
- take any action that may cause us to lose any of the services from our Internet service providers, or other suppliers;
- circumvent any Loanitt policy or determinations about your Loanitt Account including, but not limited to, attempting to create a new or additional Loanitt Account when a Loanitt Account rejected your application, suspended or otherwise limited; creating new or additional Loanitt Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Loanitt Account; harass our employees, agents, or other Users;
- refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
- refuse or fail to provide further information about you that we may reasonably request;
- reveal your access details to anyone or use anyone else’s Mobile App.
10.3 If Loanitt, in its sole discretion, believes that you may have breached the provision of this Clause, we may take action to protect ourselves, other Users and third parties. The action we may take includes but is not limited to:
- closing, suspending, or limiting your access to your Loanitt Account or any or all of the Loanitt Services.
- contacting financial institutions that received your application; contacting your bank account providers and/or warning law enforcement, or impacted third parties of your actions;
- updating inaccurate Information you have provided to us;
- taking legal action against you;
- terminating these Terms or access to the Website;
- blocking your access to your Loanitt Account and/or Loanitt Platform temporarily or permanently.
10.4 Where possible, Loanitt will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
11. SUSPENDING YOUR USE OF THE LOANITT SERVICES
11.1 We reserve the right to change, suspend or discontinue any aspect of the Loanitt Services at any time, including hours of operation or availability of the Loanitt Services or any Loanitt Services feature, without notice and without liability.
12. GENERAL LIABILITY
12.1 We shall not be liable for the transmission of a payment from a financial institution to you. We have no involvement with the transfer of funds on loan approval.
12.2 We shall not be liable to you for any:
- delay or failure to perform our obligations under these Terms (including any delay in payment) by reason of any cause beyond our reasonable control including but not limited to any action or inaction by you or any third party, any Force Majeure Event, bank delay, postal delay, failure or delay of any fax or electronic transmission, any accident, emergency, act of god or any abnormal or unforeseeable circumstances; or
- consequential or indirect loss (such as loss of profits or opportunity) you may incur as a result of us failing to perform our duties under the Loanitt Services; or
- losses as a result of a requirement imposed on us by the Payment Services Regulations 2018 or our obligations under the laws of any EEA state or other jurisdiction.
12.3 You are responsible for all liabilities, financial or otherwise, incurred by you, or a third party caused by or arising out of your breach of these Terms, your use of the Loanitt Services, and any use of your Loanitt Account. You agree to reimburse Loanitt, or a third party for any and all such liability, to the extent not prohibited by applicable law.
12.4 You remain liable under these Terms in respect of all charges and other amounts incurred through the use of your Loanitt Account at any time, irrespective of termination, suspension or closure.
12.5 You alone are responsible for understanding and complying with any and all laws, rules and regulations of Ireland that may be applicable to you in connection with your use of the Loanitt Services.
12.6 You agree to indemnify us and hold Loanitt, our third party providers, our employees or agents who are authorised to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of these Terms, breach of any law and/or use of the Loanitt Services.
12.7 Nothing in these Terms shall operate to exclude liability for death or personal injury or for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or amended by law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
12.8 In no event shall Loanitt be liable for loss of profits or any special, incidental or consequential damages arising out of these Terms or otherwise in connection with the Loanitt Services, howsoever arising.
12.9 To the extent permitted by applicable law, Loanitt is not liable, and you agree not to hold it responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- your inability to use the Loanitt Services for whatever reason;
- delays or disruptions in the Loanitt Services;
- viruses or other malicious software obtained by accessing the Website or any associated site or service;
- glitches, bugs, errors, or inaccuracies of any kind in the Loanitt Services;
- the content, actions, or inactions of third parties;
- a suspension or other action taken with respect to your Loanitt Account;
- your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to these Terms or Loanitt’s policies; or
- illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data.
13. CLOSING YOUR ACCOUNT
13.1 Your Loanitt Account will be closed at the end of the term of this agreement in accordance with Clause 5.1 or upon termination of these Terms in accordance with Clause 4 (Changes) and Clause 20 (Termination). You accept that after your Loanitt Account has been closed, Loanitt will store personal data about you for a period of six years.
13.2 You may not close your Loanitt Account to evade an investigation. If you attempt to close your Loanitt Account while Loanitt is conducting an investigation, it may freeze the account to protect all parties to the Loanitt Services, its affiliates, or a third party against any liability. You will remain liable for any obligations related to your Loanitt Account even after it is closed.
14. NOTICE AND COMMUNICATIONS
14.1 You agree and consent to electronic receipt of all Communications that we provide in connection with the Loanitt Services. We will provide Communications to you by making them available on the Loanitt Platform or by emailing them to you at the primary email address listed in your Loanitt Account Profile.
14.2 It is your responsibility to ensure that you log onto the Loanitt Platform regularly and regularly review the Loanitt Platform, the Website and your primary email address and open and review communications that we deliver to you through those means. You are obligated to review your notices and Loanitt application History, and to promptly report any questions and/or apparent errors.
14.3 We may contact you from time to time to notify you of changes or information regarding your Loanitt Account. It is your responsibility to ensure you regularly check the Loanitt Platform and that your contact information stored on your profile in the Loanitt Platform is up to date. You may contact us in accordance with these Terms via our Customer Services team at firstname.lastname@example.org.
15.2 Loanitt reserves the right to transmit the Information or personal data about you as well as activity in your Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated.
15.4 By providing Loanitt with a telephone number (including a mobile telephone number), you agree to receive autodialled and pre-recorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at Loanitt Account opening, adding a telephone number to your profile on your Loanitt Platform at a later time, providing it to one of our employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number, for service-related matters. We will not share your phone number with non-affiliated third parties for their purposes without your consent and we will never market, advertise, or solicit you using autodialling or pre-recorded messages, but we may share your phone numbers with our affiliates or with other service providers, such as billing or collections companies, who may contact you using autodialled or pre-recorded message calls or text messages.
15.5 You understand and agree that Loanitt may, without further notice or warning and in our discretion, monitor or record the telephone conversations you or anyone acting on your behalf has with Loanitt or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Loanitt may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Loanitt, and Loanitt does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
15.6 You agree that we can use your Information in connection with your Loanitt Account, to enable us to review, develop and improve our products and services. This may involve providing your information to our partners, affiliates, agents, distributors and suppliers to process Loanitt applications and for their statistical research and analytical purposes. We may also disclose your Information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
15.7 You understand and agree that we may collect information about how you and other Loanitt Users interact with the Loanitt Services. We may access the address book on your device and store names and contact information to facilitate social interactions through the Loanitt Services and for other purposes. We collect transaction details related to your use of the Loanitt Services, including the type of service requested, date and time the service was provided, amount charged and other related transaction details. We may collect information about your mobile device, including for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information and mobile network information. You agree that we may use the information that we collect to facilitate interactions with the Loanitt Services, including sharing certain non-sensitive information about you with other third parties.
16. INTELLECTUAL PROPERTY
16.1 The Loanitt Platform and the Website and all intellectual property rights contained therein, including but not limited to any content, are owned or licenced by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Loanitt’s intellectual property includes “Loanitt.ie”, “Loanitt.co.uk”, “Loanitt.com,” “Loanitt”, and all logos related to the Loanitt Services. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Loanitt. You may not copy, imitate, or use them without our prior written consent.
16.2 We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
16.3 Nothing in these Terms grants you any legal rights in the Loanitt Platform and/or the Website, other than as necessary to enable you to access the Loanitt Platform. You agree not to adjust or try to circumvent or delete any notices contained on the Loanitt Platform (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the Loanitt Platform.
17. REQUESTING INFORMATION
17.1 You may request, at any time during the extent of these Terms, a copy of these Terms and any of the information set out in relevant legislation.
18. CUSTOMER SUPPORT AND COMPLAINTS
18.1 We take all complaints seriously and will do our best to amicably resolve all complaints arising in connection with the service we provide. Any complaints about us or the services we provide should firstly be addressed to our Customer Services team at email@example.com. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a query. Our complaints procedure (available on our Website) sets out how the firm must respond to your complaint and sets out the process for submitting and resolving any complaints. You may request a copy of our complaints procedure at any time by contacting Customer Services.
18.2 We will do our best to respond to your complaint within 5 working days and, in any event, will acknowledge your complaint within that period of time. We will keep you informed of the progress of your complaint in line with our complaints procedure. If after having received our final response you are still not satisfied, you may, if your complaint falls with the Financial Services and Pensions Ombudsman’s Jurisdiction, be able to take your complaint to the Financial Services and Pensions Ombudsman who provides free and independent advice and may be able to deal with your complaint where relevant. You can find out further information on their website available here.
18.3 If your complaint is about how we store or process your personal information, you can also contact the Data Protection Commissioner’s Office, although the firm would appreciate the opportunity to deal with your concern first. Contact details for the Data Protection Commissioner are available on their website here https://www.dataprotection.ie/en/contact/how-contact-us.
19. NO WARRANTY
19.1 The Loanitt Services are provided on an “as is,” “as available” basis and without any representation or warranty, whether express, implied or statutory. Loanitt, and the officers, directors, agents, joint venturers, employees and suppliers of Loanitt, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the Loanitt Services used on or accessed through the Loanitt Services, or for any breach of security associated with the transmission of sensitive information through the Loanitt Services.
19.2 While Loanitt tries to ensure that its service will be provided on a continuous basis, Loanitt does not warrant that the Loanitt Services will be uninterrupted or error free. Loanitt shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Loanitt applications or the Loanitt Services.
19.3 Loanitt does not have any control over the products or services that are paid for using the Loanitt Services.
19.4 Loanitt is not responsible for the quality, performance, or any consequential results of the products and/or services purchased using the Loanitt Services.
20.2 Our Rights. Loanitt, in its sole discretion, may terminate these Terms at any time, by giving you one months’ notice. We may at any time, in our sole discretion, suspend, cancel or terminate (in whole or in part) this Agreement or your access to any or all of the Services by providing notice to you if: (a) you violate this Agreement; (b) we suspect you are promoting or engaging in any fraudulent, illegal or otherwise objectionable use in connection with the Services; (c) we determine, in our sole discretion, that you pose a threat or risk to the Services, us, our staff, and/or any other person or entity; or (d) you have not accessed the Services for a period of 12 consecutive months. We are not liable to you or any third party for any suspension cancellation, or termination of this Agreement or your access to the Services.
20.3 Discontinuing the Services or Features. We may at any time, in our sole discretion, discontinue (temporarily or permanently) all or any parts of the Services or Service features or functionality. For example, this may be in response to legal or regulatory requirements, our business requirements, or other factors. In such circumstances, we will use reasonable endeavours, but are not obligated, to give you advance written notice.
21.1 In order to use other functions of the Loanitt Services, you may be requested to accept other terms and conditions, either with Loanitt or with a third party.
21.2 The existence, formation, interpretation, operation and termination of the Agreement, and all matters and disputes (whether contractual or non-contractual) related to or connected with the Agreement or its subject matter, is subject to the laws of Ireland.
21.3 If we fail to enforce any of our rights under the Terms, or applicable laws, it shall not be deemed to constitute a waiver of such right.
21.4 We may comply with any subpoena, levy, or other legal process which we believe to be valid. We may notify you of such process electronically, by phone, or in writing.
21.5 Loanitt has the right to change any of its third-party service providers, with or without notice.
21.6 Loanitt reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any provider content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms.
21.7 Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
21.8 We may provide information to you from time to time, for example via the Loanitt Platform or the Website, but we will not and do not provide advice to you either upon the merits of a proposed offer for credit from a financial institution upon any other matter. Before entering into any credit agreement you must make your and their own independent assessment as to whether it is appropriate to enter into the agreement based upon your own judgment and upon such advice from such advisers as you consider necessary. You are not relying upon any communication (written or oral) made by us as constituting advice about or a recommendation to enter into such a credit agreement.
21.9 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
21.10 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
21.11 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
21.12 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
21.13 These Terms shall be binding on, and endure to the benefit of, the parties to these Terms and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
21.14 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
21.15 A reference to writing or written includes email and communications issued on the Loanitt Platform.
21.16 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
21.17 A reference to these Terms or to any other agreement or document referred to in these Terms is a reference to these Terms or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these Terms) from time to time.
21.18 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
21.19 The definitions set out Schedule 1 apply to these Terms.
Schedule 1 — Definitions
“Business Day” – means a day, other than a public holiday in Ireland.
“Communications” means information provided relating to your Loanitt Account, including: any agreements and policies you agree to, (e.g., these Terms) including updates to these agreements or policies; disclosures and notices, including prospectuses and reports for transaction receipts or confirmations; documents; and any other information related to your Loanitt Account or the Loanitt Services.
“Force Majeure Event” means an event which is beyond the reasonable control of an affected party including without limit any market disruption, acts or restraints of government(s) or public authorities, war, strikes or other industrial action, fire, flood, natural disaster, explosion, terrorist action, the suspension or limitation of trading by any execution venue, or any breakdown, failure, defective performance or malfunction of any telecommunications settlement or other equipment or systems.
“Mobile” means your smartphone or other electronic device upon which you have downloaded the Loanitt Mobile App.
“Mobile App” means the mobile application accessible through your Mobile where you can obtain access to your Loanitt Platform.
“Mobile App Terms” means the terms and conditions governing your use of the Mobile App which can be found on the Mobile App.
“Loanitt” “we,” “us,” or “our” means Loanitt Ltd, the details of which are set out in Clause 1.
“Loanitt Account” means your relationship with us as described in these Terms.
“Loanitt Account Profile” means your profile, accessible on the Loanitt Platform where you can view, among other things, your details and your credit application
“Loanitt Platform” has the meaning set out in Clause 7.
“Loanitt Services” means the provision of credit intermediary services to customers, arranging or offering to arrange for a consumer the provision of credit from providers of credit through an online platform.
“Loanitt User” means a user of Loanitt.
“User”, “you” or “your” means you being the Loanitt User that has agreed to these Terms to use the Loanitt Services.
“Website” means our general website, the web address of which is www.loanitt.ie.