Terms and Conditions of the “Return of Capital Program”
§ 1 General provisions
- The Return of Capital Program, hereinafter referred to as “RCP”, is provided by the Organizer to the User of rockefeller.com.pl platform as a part of the assignment of debt agreement (sale of property rights).
- Using RCP by the User is optional.
- Under the RCP the Organizer is obliged to return to the User the whole price that was paid for the purchase of a debt via rockefeller.com.pl in the event of the Borrower’s insolvency, under the conditions provided for in these Terms and Conditions.
§ 2 Terms of using the RCP
- The terms of using the RCP are the following:
- have fully activated User Account in the Rockefeller site, created using real and up-to-date User identification details;
- before purchasing the Loan Agreement, choose the option to use the RCP which is available in the information panel of selected Loan Agreement on the Rockefeller site marked with an “umbrella”;
- conclude the Contract of Sale of Property Rights (Assignment of Debt Agreement) with the Organizer, choosing the option to use the RCP.
- The Organizer reserves the rights to choose which of the debts placed for sale at Rockefeller site will be covered by the RCP, due to the fact that the funds allocated to payments under the RCP are secured by the Organizer in the reserve capital and the amount may vary. Loan Agreements that may be covered by the RCP will be marked with an “umbrella” symbol in the information panel. It is impossible to use the RCP in relation to any previous debts purchased by the User which were not covered by the RCP.
- Using the RCP by the User reflects in the expected profit from the acquisition of Loan Agreement being reduced by 3% in relation to the visible and achievable profit indicated in the information about the loan before using the RCP. The change will be visible before the purchase once the “umbrella” symbol for a certain debt is selected. In case the User does not agree to the above, there is no need to choose the RCP while purchasing a particular debt.
- In the event of lack of instalment repayment, due by the Borrower under the Loan Agreement purchased by the User, the Organizer undertakes to reimburse the purchase price paid by the User under the Assignment of Debt Agreement, reduced by any payments ade by the Borrower, immediately after 90 calendar days from the date of the last payment made by the Borrower.
- In each case where these Terms and Conditions refer to return of the purchase price, return of capital or return of funds to the User, the Organizer reimburses the amount reduced by the sum of all payments made by the Borrower during the Loan Agreement period and debt collection actions mentioned above, which were deposited to the User as a repayment of the agreement.
§ 3 Return assignment
- As of the date of return of the capital by the Organizer to the User under the RCP, a transfer of all property rights to the Loan Agreement covered by the RCP is made from the User to the Organizer (return assignment).
- The day of conclusion of the return of the assignment of debt agreement is considered the day of the return of capital by the Organizer for the benefit of the User.
§ 4 Expiration of the RCP
The Organizer’s liability to the User for the use of the RCP expires when:
- the sum of repayments made by the Borrower to the User during the Loan Agreement period and/or enforced in the course of debt collection actions carried out for the benefit of the User by the Organizer is equal to or exceeds the amount paid by the User for the purchase of the debt under the Loan Agreement;
- the User submitted a Request for Return of Loan Agreement Documentation which was provided in its entirety by the Organizer. The liability of the Organizer under the RCP in such case expires at the time of receipt by the User of the Loan Agreement documents, or - if the User has given incorrect address details in the User Account - at the moment the Organizer issues the Loan Agreement documents to the courier company to be delivered to the address of the User provided in the User Account;
- the Organizer will be informed that the User is conducting debt collection actions against the Borrower without the Organizer’s knowledge, either personally or through a third party acting on the User’s behalf;
- the User has withdrawn from the assignment of debt agreement concluded with the Organizer, which was covered by the RCP.
§ 5 Final provisions
- Amendments to the provisions of these Terms and Conditions can be made by the Organizer for a valid reason. The Users will be informed about the planned amendments at least 14 days in advance before they are to come into force, by email sent to the email address provided in the User Account. The information about the coming amendments to the Terms and Conditions will also be clearly visible in the individual User Accounts.
- Amendments to these Terms and Conditions will bind the User from the date of their entry into force unless he or she objects to the notice within 14 days of the notice about the changes being sent to the User. Objections must be submitted by mail to the address of the Organizer or via the contact form available at https://www.rockefeller.com.pl/contact/. Submission of the objections by the User will result in the termination of contract for providing services by electronic means, effective on the day preceding the amendments to come into force. Amendments to the Terms and Conditions do not have retroactive effect on the debts covered by the RCP, for which still apply the Terms and Conditions in force at the date of making the choice to use the RCP.
- If any part of the Terms and Conditions is found to be invalid or ineffective in the light of applicable law, this part should be interpreted in such a way that it complies with the applicable law and reflects the intentions of the provision as closely as possible. The remaining parts of the Terms and Conditions remain in force and are fully effective.
§ 6 Complaints