Limited liability company “DoFinance” (DoFinance) is not a licensed or registered financial institution, and its operations and services are not subject to supervision by the Financial and Capital Market Commission of the Republic of Latvia or competent financial and capital market supervisory institutions in other countries.
Services [related to the acquisition, alienation, management and service of loan claims], which DoFinance provides to the investor, are not investment services in the context of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council, and repealing Council Directive 93/22/EEC (MiFID) and the legal act, which introduces this Directive in the EU and the European Economic Association member states, and the investor protection measures set out in MiFID and regulatory enactments, which introduce this Directive in the EU and the European Economic Association member states, do not apply to these services and transactions, which are concluded at the financial platform of DoFinance for loan claims. In concluding transactions at the financial platform of LLC “X”, including but not limited to the authorization / entrusting of DoFinance with making automatic investments into loan claims, in accordance with the criteria set by DoFinance, the investor personally assesses the appropriateness and conformity of such transactions to the interests of the investor, assuming all risks related to such.
DoFinance is not a party to the investor protection system within the meaning of Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (Directive 97/9) and the legal act, which introduces this Directive in the EU and the European Economic Association member states. Therefore, the investment protection policies set out in Directive 97/9 and the legal acts, which introduce this Directive in the EU and the European Economic Association member states, do not apply to funds invested by investors at the financial platform offered by DoFinance (funds, which the investor pays to DoFinance to conclude transactions at the financial platform, funds available on the investor’s account at the financial platform of DoFinance and funds invested by the investor into loan claims). Protection of funds invested by investors is ensured at several levels: DoFinance uses SSL data encryption and other data protection technologies to avoid unauthorised access to the Investor’s data at the system browser level; applying a buyback to all Investors’ transactions, thus providing for the following: unless the Borrower repays the loan in due course, the Lender has the right to buy back the relevant loan from the Investor, repaying the invested amount and unpaid interest on profit.
DoFinance keeps funds and property of investors apart from funds and property of the financial platform of DoFinance.
In concluding transactions at the financial platform offered by DoFinance, the investor assumes the risk of non-fulfilled or breached loan obligations. DoFinance is not liable for the investor’s losses, resulting from the full or partial loss or non-payment of the loan claim, into which the investor has invested funds, or violation or non-fulfilment of other borrower’s obligations.
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