of Cashare AG, Hünenberg

Version: 1.7 / February 1, 2025

I. GENERAL PROVISIONS

Introduction

1. These General Terms and Conditions of Cashare AG, Hünenberg (hereinafter Cashare) regulate the participation requirements as well as the rights and obligations of the members (borrowers, financiers/investors) in connection with the services offered by Cashare.

2. Cashare grants loans to borrowers on its lending platform www.cashare.ch, subject to the condition that these loans can subsequently be resold and assigned to third-party financiers/investors. This lending platform enables the simple and straightforward conclusion and rapid processing of loan agreements. Cashare's services include, in particular, providing the platform to borrowers and third-party financiers/investors, as well as reviewing and granting loans and mortgages.

Cashare itself acts as the lender, generally assigning the claims and services to other financiers/investors after the contract is concluded. Cashare expressly reserves the right to sell the loan or parts thereof to third parties (to other members as financiers/investors or on the secondary market) and to assign the claims accordingly.

3. Members can use the credit platform www.cashare.ch either as borrowers or as financiers/investors by

1. submit a loan application; or

2. Submit bids on activated loan projects.

A. Service use, membership and termination of membership

aa) Registration

1. The use of Cashare's services requires registration as a member. Registration is free of charge by opening a user account and agreeing to these General Terms and Conditions (GTC).

2. There is no right to register or use Cashare's services; Cashare reserves the right to refuse registration without giving a reason, to exclude members, or to discontinue offering a service.

Excluded members are prohibited from re-registering without prior written consent from Cashare. Violation of these regulations may result in legal action.

3.     Registration as a member is only open to companies registered in the commercial register and with their registered office in Switzerland or Liechtenstein, as well as natural persons with unlimited legal capacity residing in Switzerland or Liechtenstein who also have a bank account in Switzerland or Liechtenstein. Only one user account is permitted per member; the user account is personal and non-transferable.

4. When registering, the following information must be provided completely and truthfully:

1. Company, last name, first name;

2. Address (no PO box), place of residence;

3. Date of birth or founding date

4. Telephone number; and

5. valid personal email address; and

6. Authorised signatories for the company.

When registering, only individual persons or a company may be specified as the owner of the corresponding user account (i.e. no married couples, families or groups of any kind).

5. Upon registration, an email address and password must be chosen. Information publicly accessible to other members must not contain references to email or internet addresses, and must not infringe the rights of third parties – in particular, company or trademark rights – or be obscene or offensive, or otherwise violate common decency. Cashare disclaims all liability in this regard. The password must be kept secret and must not be made accessible to third parties. Cashare reserves the right to take legal action in the event of misuse.

6. Cashare will not share your password with third parties and will never request your password via email or phone. Any such requests should be ignored and reported to Cashare immediately.

7. Use of the www.cashare.ch platform and the corresponding services is only possible after complete registration.

bb) Identification

1. In order to use the www.cashare.ch lending platform as a borrower or financier/investor, for legal reasons and to ensure the integrity of the lending platform, an identity check must be completed in addition to registration. The following identification procedures apply:

1. Online identification including passport/ID check via video call;

2. and payment of the identification fee: Transfer the identification fee (CHF 5) from a personal bank account in your own name (not a counter deposit) to Cashare.

3. or by means of

a. The yellow identification: The ID or passport is verified by a Swiss post office. The original document must be sent to Cashare; or

b. Official certification: The identification document or commercial register extract will be officially certified. The original document must be sent to Cashare.

cc) User account (My Cashare)

1. Each member has a user account that lists the loan requests they have posted and their status (remaining term / bids / successful / unsuccessful, etc.) as well as the bids that the member has submitted for a loan request.

2. For each successfully concluded loan agreement, its key figures (amount, interest, outstanding payments, etc.) are then recorded.

3. The user account can only be viewed by the respective member.

4. When using the loan platform www.cashare.ch, the member must comply with applicable laws and ensure that their information, loan requests, bids, etc. are legal and do not violate the rights of third parties.

5. The borrower has his user account and emails for the purpose of checking

1. daily during an ongoing financing phase and for the first ten (10) days after the completion of the financing, and

2. to check online at least once a week during the term of the concluded loan agreement.

6. Changes to the information shown in the user account (personal details, contact details, etc.) must be updated immediately so that the information is complete and correct at all times.

7. Members may not make their user account available to third parties and are fully liable for all activities carried out using their user account.

8. Cashare may temporarily restrict access to or the provision of services on the www.cashare.ch platform at any time if this is necessary due to server security or integrity, capacity limitations, or to implement technical measures. Members may not assert any claims or demands based on these restrictions.

dd) Termination of membership

1. In case of intentionally false information in the profile or descriptions, Cashare will terminate the existing contractual relationship without notice and reserves the right to take further legal action.

2. Members can cancel their user account at any time by sending an email to Cashare info@cashare.ch, provided that:

1. the user account is balanced, i.e. there is no balance in favour of Cashare or the contracting party;

2. all loans have been repaid in full; and

3. no new loan application has been submitted.

The termination will only become valid and effective upon confirmation by Cashare; at the same time, the user account will be blocked and all loan applications that have been submitted but not yet activated will be deleted.

B. Data protection

1. All personal data and information disclosed on the Cashare platform will be made available to other members only to the extent necessary or if members have become parties to a successfully concluded loan agreement.

With regard to the processing and use of data, reference is made to the privacy policy, which forms an integral and binding part of these terms and conditions. Security of your personal data

2. The above and other information may be used by Cashare for internal group marketing purposes and evaluations, both domestically and internationally. Members may revoke this authorization in writing at any time.

3. Texts, videos, and images uploaded by members to the Cashare platform must not violate the rights of third parties—in particular, film or trademark rights—or be obscene or offensive, or otherwise violate common decency. Cashare disclaims all liability in this regard.

4. The mass distribution of emails or other messages via the Cashare website, the infection of the website with Trojans, worms, or other viruses, the disabling or circumventing of security measures (hacking), the use of automatic update software, or programs that allow the complete download of information are prohibited. The addresses and other contact details of other persons made available through the use of Cashare's services may not be used for any purposes outside the specific loan agreement or assignment agreement.

 

C. Sanctions

1. If a member violates the contractual provisions, the law, the rights of third parties or these Terms and Conditions or if there are indications of this or if Cashare has another legitimate interest, Cashare can

1. Warn members;

2. delete posted loan applications;

3. temporarily or permanently block a member’s user account.

2. Cashare expressly reserves the right to take further legal action in these cases.

II. CREDIT PLATFORM
Introduction

1. Cashare grants loans to borrowers on its lending platform www.cashare.ch, subject to the condition that these loans can subsequently be resold and assigned to third-party financiers/investors. This lending platform enables the simple and straightforward conclusion and rapid processing of loan agreements.

2. Cashare itself acts as the lender, whereby it may assign the claims and services to other financiers/investors immediately after the contract is concluded. Cashare expressly reserves the right to sell the loan or parts thereof to third parties (to other members as financiers/investors or on the secondary market) and to assign the claims accordingly.

3. While registration and account management are free of charge, various fees are charged for the use of Cashare's services, particularly for the processing of a successfully concluded loan agreement and/or assignment agreement. The applicable fees are set out in the separate Fee regulations which forms an integral and binding part of these Terms and Conditions. Fee regulations

A. Important Notice – Risks

1.     Lenders/investors are advised that the assumption of loan receivables may involve risks that may include the loss of the entire loan amount. Lenders/investors should therefore weigh the associated risks before submitting a bid and, in particular, consider whether a total loss of the assumed loan receivable is financially viable for them.

B. Loan application

1. The submission of a loan application requires that the borrower has a user account or has created one and has completed the identification process. This entitles the borrower to apply for loans. Application form / loan request must be completed and submitted in full. Loan applications must be submitted in German, English, or French and will be published on the platform in German, English, or French.

2. The following information must be entered in this form:

1. Information on monthly income (private individuals);

2. Information on monthly expenses (private individuals);

3. Balance sheet and income statement for the last two years (SMEs);

4. Desired loan amount;

5. Term of the loan in whole months; and

6. Intended use.

7. A photo can be added optionally.

The interest rate (range) is specified by Cashare and is known to the applicant member at the time the offer is made and before the loan project is published.

3. Finally, the borrower must determine the duration of the financing phase and submit the application for processing, review and activation.

4.     The loan application constitutes a binding offer to conclude a loan agreement with Cashare, which Cashare accepts under the condition and to the extent that the claim can subsequently be assigned to the financier(s)/investor(s) (subject to mandatory provisions of Swiss law, in particular the Consumer Credit Act (KKG)).

 

C. Creditworthiness and credit assessment

1. The loan application will be verified by Cashare before activation.

2. For this purpose, the borrower shall, based on the relevant Checklist under “My Cashare” (Login required) to submit various documents. The borrower will submit all documents that he or she considers essential for assessing his or her creditworthiness. In particular, the following documents are required, although this list is not exhaustive:

Private individuals:

1. Payroll for the last 3 months;

2. Copy of rental agreement;

3. Copy of health insurance bill;

4. etc.

SMEs:

1. Balance sheet and income statement for the last two years

2. Cash flow statement (optional)

3. Copy of passport/ID of authorized signatories (individual or collective signature)

4. etc.

3. The borrower then expressly authorises Cashare to obtain all information necessary to verify and assess the borrower’s creditworthiness from third parties.

In particular, the borrower expressly authorizes Cashare, within the scope of the Consumer Credit Act (KKG), to obtain the necessary information from the relevant public or private bodies, in particular the Consumer Credit Information Office (IKO) and the Central Office for Credit Information (ZEK), and to report the loan and the contractual relationship to the IKO and the ZEK. The borrower acknowledges that the ZEK and the IKO will inform their affiliated members of their obligations under the loan agreement upon request in the event of a new loan application.

Cashare makes the information and evaluations obtained from third parties partially or completely and anonymously available to other members on the lending platform www.cashare.ch. The borrower explicitly consents to the publication of this information and evaluations on the lending platform www.cashare.ch.

4. Based on the documents submitted by the borrower and the third-party information received, Cashare prepares an assessment of the borrower in question, which is then published anonymously on the lending platform for all members to see.

5. The borrower expressly agrees to the publication of the aforementioned evaluations on the platform www.cashare.ch.

D. No advice, recommendation

1.     The rating created by Cashare itself or with the help of third parties and made available on the credit platform is purely indicative nature and does not constitute a binding statement regarding the borrower's actual ability to pay, nor a recommendation to assume a loan or to enter into any other transaction.

2. Cashare does not provide advisory services, and the information provided should not be interpreted as such. The decision whether to submit a bid and, accordingly, to accept a loan from Cashare rests solely with the respective lender/investor.

3. Cashare therefore assumes no liability for the completeness of the information provided, the valuation and the investments made by financiers/investors based on it.

4. When using the "Auto-Invest" function, the system submits automated bids for corresponding loan projects based on the parameters defined by the user. The decision as to whether a lender/investor wishes to use this function rests solely with the respective lender/investor. Bids submitted using the activated "Auto-Invest" function are binding and cannot be revoked.

E. Posting the loan application

1. After a successful creditworthiness and credit assessment, i.e. if the documents and information are complete and correct from Cashare's point of view, Cashare will publish the loan application and the borrower's rating on the platform www.cashare.ch.

2. The borrower has no right to have his loan application published and Cashare reserves the right to reject submitted applications without stating a reason and not to publish them.

3.     Upon posting the loan application on the platform, the loan agreement between the borrower and Cashare is automatically concluded, subject to the condition that the loan claim, or parts thereof, can subsequently be assigned to one or more financiers/investors. The provisions of the Consumer Credit Act remain reserved.

F. Financing phase

1. Once a loan application has been published, it can be viewed on the platform www.cashare.ch and lenders/investors can submit their bids.

2. The borrower determines the duration of the financing period and the loan amount. The interest rate is precisely determined in advance by Cashare.

3. The lender/investor must state in the bid the conditions under which they are willing to assume the loan receivable or parts thereof. This includes, in particular, the loan amount and the interest rate specified by Cashare. The loan amount must be equal to or higher than the minimum amount specified in the system.

4.     Submitting a bid constitutes a binding willingness to accept the offer and to assume the (partial) loan claim through an assignment agreement, and the financier/investor is obligated to provide the corresponding amount at the stated interest rate. A bid cannot be modified or withdrawn.

5. The "first come, first served" principle applies, and financing will be completed immediately once the loan project has been financed at 100%. The financing phase ends at the latest upon expiration of the duration of the financing phase specified by the borrower.

G. Completion of the financing phase

1. The loan agreement concluded between the borrower and Cashare will be made available to the borrower as a PDF file for download on the platform under “My Cashare” at the time of completion of the financing phase.

The borrower is obligated to promptly print and sign the loan agreement, and then return the original to Cashare. If collateral has been agreed upon, the borrower is also obligated to provide the collateral in accordance with the precise provisions of the loan agreement.

2.     Upon completion of the financing phase, the assignment agreements between Cashare and the financier(s)/investor(s) are automatically concluded. The assignment agreement is subject to the condition that the borrower does not exercise any right of withdrawal against Cashare under the Austrian Loan Act (KKG).

3. The assignment agreement between the financier/investor and Cashare will be made available to the financier/investor as a PDF file for download on the platform under "My Cashare" at the time of completion of the financing phase. If there are multiple financiers/investors, each financier/investor will receive an assignment agreement for the amount financed and the corresponding terms and conditions.

4. The final results of the financing phase, in particular the financing amounts including the repayment terms and repayment rate, are made available to the borrower on the platform under “My Cashare”.

5. If the bids at the end of the financing phase do not cover the entire desired loan amount, the borrower can submit a follow-up application (follow-up project) for further financing in the amount of the unfinanced loan amount and have it published on the platform www.cashare.ch.

H. Settlement

1. After successfully completing a financing transaction, the lender/investor will receive an email from Cashare with payment information to deposit the loan amount into Cashare's settlement account within five (5) days. Alternatively, a direct debit procedure can be set up for direct collection of the loan amounts and direct payment of invoices. The funds will not accrue interest or be invested until transferred to the borrower. If the transfer is not made or is delayed, Cashare reserves the right to block the user account of the respective lender/investor and initiate legal action.

2. As soon as the original signed loan agreement has been received by Cashare and, in the case of private borrowers, provided that no revocation has been made (according to the Austrian Loan Act), Cashare will forward the loan amount to the borrower on the value date shown in the loan agreement.

3. If the borrower revokes the loan agreement or fails to submit the signed agreement despite a reminder from Cashare, Cashare will immediately refund the loan amount paid to the lender/investor without interest. In such cases, Cashare reserves the right to temporarily or permanently block the borrower's user account.

I. Right of withdrawal

1. Private individuals as borrowers may revoke the application to conclude this agreement within fourteen (14) days and legal entities as borrowers within ten (10) days from receipt of the loan agreement signed by the lender in writing; the declaration of revocation must be sent to Cashare AG, Bösch 73, 6331 Hünenberg, or by email to support@cashare.ch to send.

2. The signed loan agreement will be delivered at the time of electronic availability by Cashare on the platform under "My Cashare".

 

J. Repayment

1. The borrower must transfer the monthly installments (consisting of interest and amortization) or the final loan plus interest to Cashare's settlement account by the value date specified in the loan agreement. Cashare then forwards the monthly installment payments to the respective lender/investor.

2. Installment payments must be made by payment order or electronically, e.g., via e-banking. Cashare does not accept over-the-counter deposits. Additional fees incurred as a result of over-the-counter deposits must be paid by the borrower. Please also refer to the separate Fee regulations which forms an integral and binding part of these Terms and Conditions. Fee regulations

3. Cashare may require the use of direct debit (Debit Direct and LSV+) for the processing of installment payments.

K. Delay

1. If the borrower fails to make an installment payment (consisting of interest and amortization) or, in the case of a bullet loan, to repay the loan including interest on time, the borrower shall be in default upon expiration of the due date without further notice or notice. Cashare will notify the lender/investor of this.

2. Cashare sends the borrower a written reminder with a payment deadline on behalf of the financier/investor but in its own name.

3. If the borrower does not pay within the specified period, the remaining loan amount and the outstanding interest shall become due for immediate repayment.

4. If the borrower does not repay the loan within the set period, Cashare or a collection partner will initiate pre-legal debt collection on behalf of the financier/investor but in its own name.

5. If pre-legal debt collection is unsuccessful, Cashare or a debt collection partner will initiate legal debt collection by means of debt enforcement proceedings without any objection from the financier/investor.

6. In case of default, the borrower shall additionally pay default interest on the outstanding payments as stipulated in the loan agreement.

7. The borrower undertakes to pay the lender all expenses in connection with the collection of the loan amount due, including outstanding interest and reminder fees in accordance with Fee regulations, which forms an integral and binding part of these Terms and Conditions. 

 

III. LIMITATION OF LIABILITY

1.     Cashare is only liable for direct damages caused intentionally or through gross negligence. Liability for direct damages resulting from slight negligence, as well as indirect or consequential damages, is excluded.

2. Cashare assumes no liability for services provided by third parties which Cashare engages in the context of the contract fulfilment.

3. Cashare is not liable for any damages suffered by a member, user or third party as a result of the conduct of other members.

4. In particular, Cashare assumes no liability or warranty for

1. the Borrower's valuation, neither with regard to the valuation prepared by third parties nor that of Cashare;

2. the actual solvency of the borrower;

3. Losses suffered by a financier/investor due to the insolvency of a borrower;

4. the debt collection agency entrusted with the collection of non-performing loan receivables and the processing of payments;

5. Forged or falsified documents submitted by the borrower.

5. Cashare also assumes no liability for damages caused or aggravated by technical failures, inadequate or incorrect transmission, network congestion, application difficulties, system interruptions, delays in data transmission, incompatibilities between the website and the data/software of the members and/or their computers, malfunctions, interference, transmission of viruses, illegal access or any other defective service provision by telecommunications or network providers.

IV. INDEMNITY

1. If Cashare is confronted with claims of any kind by a member, user or third party (beneficiary) due to the conduct of another member, the beneficiary must fully indemnify Cashare and pay all costs incurred by Cashare, including those for legal defense (attorney fees and court costs).

V. INVALIDITY OF PARTITION

1. Should one or more provisions of these Terms and Conditions be or become invalid, ineffective or otherwise unenforceable for any reason whatsoever, in whole or in part, the validity of these Terms and Conditions shall otherwise remain unaffected and the invalid provision shall be replaced by a provision which corresponds to the meaning and purpose of the invalid or ineffective provision in economic terms.

VI. TRANSFERABILITY

1. Cashare is entitled to transfer individual or all rights or obligations under these Terms and Conditions to one or more third parties.

2. Neither the membership nor the rights and obligations arising therefrom may be transferred or assigned by the member to third parties.

VII. CHANGES TO THESE TERMS AND CONDITIONS

1. Cashare reserves the right to change these Terms and Conditions at any time without giving reasons.

2. The amended Terms and Conditions will be sent to members by email at least fifteen (15) days before they come into effect. If a member does not object in writing by email or post within ten days, the amended Terms and Conditions will be deemed accepted.

IX. LINKED WEBSITES

1. Activating certain links on the Cashare website may cause you to leave the Cashare website.

2. Cashare does not control the websites linked to the Cashare website and makes no representations regarding the quality, relevance, accuracy, completeness, timeliness, availability or legality of the content on such websites, nor does it assume any liability for the products or services offered on such websites.

3. Linking the Cashare website to external websites requires the prior written consent of Cashare.

X. CONFIDENTIALITY AND ENCRYPTION

1. The exchange of data between Cashare and its members takes place via open, public, and uncontrolled networks. The transmitted data may be transferred outside of Switzerland, regardless of the fact that both Cashare and its members are located in Switzerland. Even if data is transmitted encrypted, this does not necessarily apply to the entire transmission. Data can be intercepted.

XI. RECORDS

1. Cashare records and analyses website traffic for security, system monitoring and administration, and marketing purposes. Regarding the processing and use of data, reference is made to the Privacy policy which forms part of these General Terms and Conditions. Security of your personal data 

2. Cashare complies with applicable data protection and other regulations and takes the necessary security precautions.

XII. INTELLECTUAL PROPERTY RIGHTS

1. The content and presentation on www.cashare.ch are protected by copyright and other intellectual property rights. Cashare and any third-party providers with whom Cashare cooperates are the owners of these rights. Downloading to a hard drive, printing, or any other reproduction of information from the website for personal and private purposes is permitted, provided that the copyright notices and other legal titles are also reproduced. Notwithstanding the above use by third parties, all rights remain with Cashare. Use outside of the website or the reproduction of any type of software or other tools available on the website is expressly prohibited.

2. The reproduction, transmission, modification or use of any copyrighted material on this website, in whole or in part, for public or commercial purposes is prohibited without the prior written consent of Cashare.

3. Cashare, the Cashare platform, and the logo are registered trademarks of Cashare. Any other linguistic and/or graphic element of the website used to identify the origin of products or services may be the trademark of the respective owner, e.g., the trademark of a Cashare business partner. Reproduction or any other use or exploitation of this trademark is prohibited without the prior consent of the owner.

XIII. APPLICABLE LAW, JURISDICTION

1.     These Terms and Conditions as well as the remaining legal relationship between Cashare and individual members are subject to Swiss law under Exclusion of the UN Sales Convention (Vienna Sales Convention).

Swiss law also applies in particular to users who are resident in Liechtenstein.

2.     The exclusive place of jurisdiction for all legal disputes in connection with these Terms and Conditions and the legal relationship between Cashare and the individual members is Zug. Within the scope of the applicability of the Consumer Credit Act (KKG), the place of jurisdiction is determined according to the corresponding provisions of the Code of Civil Procedure.