Terms of Use

Terms and Conditions

Welcome to our www.Carilend.com website. If you continue to browse this site you are agreeing to be bound by our Website Use Terms and Conditions as set out below.


1. Introduction

1.1. If You continue to browse and use the Carilend.com website (the “Site”) You are agreeing to comply with and be bound by these Website Use Terms (“WU” or “Terms” or “Agreement”) as set out below.

1.2. The Site is an internet Site for Lenders and Borrowers to provide a market to facilitate person to person unsecured lending. The WU govern the relationship between Us and You and other Clients except in relation to lending, which is governed by the terms of a loan agreement (the “Loan Agreement”).

1.3. This Agreement forms the terms applicable to use of the Site owned and operated by Us.

1.4. We recommend that Clients exercise care, common sense and good judgement when dealing with any other Client on the Site. Clients should never borrow more than they can realistically repay, and they should not lend more than they can afford. Clients should review the helpful information, How It Works, FAQs and Guidelines before participating on the Site.

1.5. In this Agreement, capitalised terms used and not otherwise defined herein or in the Loan Agreement shall bear the meanings as set out in the Schedule of Definitions at the end of this Agreement.

1.6. Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement. 

1.7. A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality) and that person's personal representatives, successors and permitted assigns.

1.8. The Schedule of Definitions forms part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedule of Definitions.

1.9. A reference to a company shall include any company or other body corporate, wherever and however incorporated or established. 

1.10. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.11. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

1.12. A reference to any party shall include that party's personal representatives, successors and permitted assigns.

1.13. In this Agreement, any reference to a specific Act, Regulation or other statutory enactment except where expressly referring to the laws of another jurisdiction, shall refer to the same as enacted and having the force of law in Barbados, as the same may be from time to time amended as well as every statute substituted therefor. In the case of any such amendment or substitution, any references in this Agreement to a specific provision of the Act, Regulation or statutory enactment shall be read as references to the provisions as amended or substituted therefor in the amendment of the new statute or statutes.

1.14. A reference to writing or written includes faxes and other electronic means of communication..

1.15. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

1.16. Any reference to a term under Barbados law for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing, in respect of any jurisdiction other than Barbados, shall be deemed to include a reference to that which most nearly approximates to the equivalent legal term in that jurisdiction.

1.17. A reference to this “Agreement” or to any other agreement or document referred to in this Agreement is a reference to this Agreement or such other document or agreement as varied or novated (in each case, other than in breach of the provisions of this Agreement) from time to time.

1.18. References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule.

1.19. Any words following the terms including, include, in particular 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

2. Parties

2.1. The Parties to the WU are:

2.1.1. CariLend Ltd., a company incorporated under the laws of Barbados, designated company number 40456 with its registered office situate at One Welches, Welches, St Thomas, Barbados (“Carilend”, “Us”, “We”, or “Our”); and

2.1.2. You (“You” or “Your”).

3. Registration

3.1. To register on the Site You must meet the Client Eligibility Criteria as set out in clause 4 below and complete the Registration Process.

3.2. By registering on the Site You are confirming that You have read and understand the risks involved and how Carilend manages risk as described on the Site and accept these Terms. 

3.3. As part of the Lender registration or to facilitate the Match You must give Us details of Your Bank Account that must be able to accept and pay Pre-Authorised payments (also known as direct debit payments).

4. Client Eligibility Criteria

4.1. To become a Client You must meet the Client Eligibility Criteria which are that You: 

4.1.1. are an individual (not a business whether incorporated or unincorporated);

4.1.2. be at least 21 years old;

4.1.3. be resident in Barbados;

4.1.4. hold a Bank Account in Your own name; and

4.1.5 supply a copy of Your identity document(s) that are acceptable to Carilend for its “Know Your Customer” responsibilities.

4.2. To become a Lender, You must also:

4.2.1. only ever lend Your own, and not other's money; and 

4.2.2. not lend money as a business activity.

4.3. If you meet the Client Eligibility Criteria You can register with Us as a Client. As part of this process We may and You consent to allow Us to:

4.3.1. as a Lender make identity and/or anti money laundering verifications;

4.3.2. as a Borrower make identity and fraud checks and obtain a credit reference for You from the credit reference agency or agencies We use; and

4.3.2. to forward, disclose or supply any information you supply to Carilend, without Your further consent, to any authorities or any financial institution at any time on request in instances not limited to facilitating the carrying out of prescribed public functions, on compulsion of a legal duty or in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings.

4.4 You will specify unique Login Credentials.

4.5. When the above steps in Clause 4.3 are completed We will register You as a Client and set up Your Profile and Account.

4.6. You shall not:

4.6.1. register more than once or register on behalf of an individual or entity other than Yourself;

4.6.2. incorrectly state Your age, Your residence or any other information; or

4.6.3. create a false identity on the Site or use or attempt to use another Client's account.

4.7. We shall have absolute discretion as to whether or not We accept a particular user of the Site to become a Client.

5. Loan Agreement and the Site

5.1. We are not parties to any Loan Agreement(s) which are made between Lenders and Borrowers.

5.2. We operate this Site as an electronic facility to connect Clients, Borrowers and Lenders, in a virtual marketplace.

5.3. You agree that We are authorised to process a Borrowers' Pre-Authorised Debit payments in relation to the repayment of amounts due under any Loan Agreement(s) made between Lenders and Borrowers.

5.4. Where You are a Borrower under a Loan Agreement, you agree to accept from Us, on behalf of a Lender, any monies to be paid by the Lender in accordance with the terms of the Loan Agreement and further agrees that if We have made any deduction(s) from such monies to pay any Administrative Charges and any other fees including, but not limited to, payments to the Reserve Fund such that the net sum of the monies paid to the Borrower and the fees paid to Us and any other fees or monies to be paid in accordance with the Loan Agreement will in aggregated be the total amount owed by the Borrower to the Lender.

5.5. Where You are a Borrower under a Loan Agreement and are late in paying the full amount of a Loan Repayment Instalment to us on behalf of the Lender and into the Clients' Account, in addition to the rights of the Lender under the Loan Agreement, You will pay Us, on behalf of the Lender, any Arrears Interest.

5.6. On receipt of such payments, We will pay to the Lender the appropriate share of the Loan Repayment Instalment, less any required deduction of withholding tax and Loan Servicing Fees, calculated based on the amount and interest rate as set out in the Loan Details in the Borrower's Account.

5.7. We will divide up each Loan Repayment Instalment between the relevant Lender(s) in accordance with the relevant Repayment Plan, as set out in the Loan Details in the Borrower's Account, and will use them according to the following:

            5.7.1. first by repaying any Arrears and Arrears Interest on the Loan and any Administration           Charges due to Us by the Lender or Borrower; and

            5.7.2. second towards payment of the monthly Loan Repayment Instalment.

6. Modification of Terms

6.1. We reserve the right to change these Terms, and/or the Services provided for any reason at any time. 

6.2. Such changes shall be published on the Site and shall become effective seven (7) days after publication. If You continue to use the Site after such changes have become effective You will be deemed as having accepted the changes. If You do not wish to accept the published changes to the Terms and/or the Services provided, You are free to terminate this Agreement provided that the provisions on termination outlined in Clause 9.7 of this Agreement are satisfied.

7. Site Availability, Use and Change

7.1. Your right to use the Site is dependent on its availability.

7.2. We may restrict the Services available on the Site if necessary for reasons including, but not limited to:

7.2.1. limit capacities;

7.2.2. server security;

7.2.3. technical measures; or 

7.2.4. maintenance activities.

7.3. We reserve the right to change any and all content, software and other items used or contained in the Site or offered through the use of the Site at any time without notice.

7.4. The Information does not constitute any form of advice, recommendation or endorsement by Us, and is not intended to be relied upon by You or any third party as the sole basis for making (or refraining from making) any specific decision.

7.5. We will use reasonable skill and care in the supply of the Site and Information to You but We cannot guarantee, warrant or represent that it is complete, accurate, up-to-date, fit for a particular purpose, of merchantable quality or error- or virus-free or that its operation will be continuous and uninterrupted.

7.6. If You download any of the Client Content and the Site Content, it is at Your own discretion and You will be exclusively responsible for any damage to Your computer or any data loss that results from such action.

8. Use of Site – General Principles

8.1. We will act fairly, reasonably and responsibly in Our dealings with You.

8.2. We will not discriminate against any Client because of their race, gender, disability, ethnic background or sexuality.

8.3. We will reasonably endeavour to correct mistakes and handle complaints promptly in accordance with any agreed time periods.

8.4. You represent, warrant and undertake that any information that You upload, transmit, store, share, enter or post to the Site:

8.4.1. shall be appropriately categorised and be truthful, accurate, clear and complete;

8.4.2. will not violate or infringe any of the rules set out herein, the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;

8.4.3. will not contain interactive material or automated scripts, or contain information that You did not create or is libellous, defamatory or otherwise unlawful, pornographic, obscene, of a sexual nature, harmful, misleading, vulgar, threatening, abusive, inflammatory, harassing, hateful, or racially, ethnically or otherwise objectionable or which might cause offence or damage to the public, other Clients, the Site or Us.

8.5. You are solely responsible for Your Client Content. We may review the Site and may delete or remove Client Content or Site Content in Our own absolute discretion and without any notice. 

8.6. You are solely responsible for creating backup copies of any Client Content at Your cost and expense.

8.7. When You post Client Content, You authorise Us to make copies of it as We deem necessary for the correct operation of the Site. By posting Client Content, You grant Us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide licence to use, copy, publicly perform, reformat, translate, summarise (in whole or part) and distribute it for any purpose in connection with the Site or its promotion thereof, to prepare derivative works of, or incorporate into other works and to grant sublicenses of such Client Content. If You choose to remove Your Client Content, which You may remove at any time, the licence granted above will automatically expire, however You acknowledge that We may retain archived copies of Your Client Content.

8.8. You agree to indemnify and hold each other Client, Us, Our subsidiaries and affiliates, and each of Carilend's directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including legal fees and costs, arising out of or in connection with any of Your Client Content, Your use of the Site, Your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

8.9. When using the Site You shall not:

8.9.1. collect contact information, email addresses or other personal or financial information of Clients or other users from the Site by any means;

8.9.2. attempt to make contact with Clients for the purposes of offering to lend or borrow outside the Site;

8.9.3. advertise, solicit business, or promote any product or service, or publicise competitive products or services, on  any part of the Site without our written prior consent;

8.9.4. use the Site in any unlawful manner, endanger, damage or disturb the functioning of the Site, or the servers where it is hosted, or attempt to access data You are not allowed to access;

8.9.5. transfer, introduce or enter data that may contain software viruses or worms or any other code, files or programs designed to interfere with, limit or damage the Site or the function of its hardware, software or communications equipment;

8.9.6. You may not include a link to the Site in any other site, computer or network without Our prior written consent.

8.10. You are solely responsible for Your interactions with other Clients. We reserve the right, but have no obligation, to monitor disputes between You and other users and or Clients.

9. Termination of Client Relationship

9.1. If You, in Our reasonable opinion, breach any provision of these Terms then, in addition to any other remedy available to Us, We may immediately and with no prior notification do one or more of the following:

9.1.1. terminate Your Client Relationship;

9.1.2. temporarily restrict Your use of the Site;

9.1.3. permanently restrict Your use of the Site;

9.1.4. delete content from the Site;

9.2. We may terminate this Agreement immediately if: 

9.2.1. You have submitted untrue or inaccurate information to Carilend or the Site;

9.2.2. You have breached any of the Terms of this Agreement; 

9.2.3. You made a voluntary arrangement with any other party; or

9.2.5. We become aware or reasonably suspect that You are engaged in, or may be the victim of, any fraudulent activity.

9.3. In the event that You become bankrupt or are insolvent, we may suspend your Client Relationship and/or use of the Site.

9.4. In the event of Your death, we may suspend your Client Relationship.

9.5. Termination of this Agreement does not affect Your responsibility to continue to repay any Loans.

9.6. In the case of suspected fraudulent activity We will pass on information to the appropriate authorities. This does not affect Our right of blocking or terminating the Client Relationship as set out above.

9.7. Where you are a Lender and have a Loan(s) which have not yet been fully repaid by a Borrower(s) and We have temporarily or permanently restricted Your use of the Site, before terminating Your Client Relationship:

9.7.1. You agree to authorise Us to place Your Loan(s) for sale on the Secondary Market by assigning it to another Lender(s) and will return any monies outstanding under the Loan(s) to you by way of a credit(s) to Your Bank Account, or by cheque to Your last known place of residence, provided that at all times You acknowledge that We are under no obligation to ensure that Your Loan(s) are successfully sold; or

9.7.2. We will continue to collect Loan Repayment Instalments and any Late Payment Interest on Arrears on Your behalf until such time as the Loan(s) are resolved and will credit the amounts collected to Your Bank Account;

This does not affect Your obligation to pay any Administrative Charges due under a Loan Agreement and You agree that We may deduct amounts for any such Administrative Charges before credits are made to Your Bank Account.

9.8. If We terminate Your Client Relationship, We will send You the amount credited to Your Account at that time to Your Bank Account, or by cheque to Your last known place of residence. This will not affect Your obligation to repay any Loans.

9.9. Once all Your Loans are repaid You may terminate this Agreement any time by giving Us a written notification or by sending an e-mail to info@carilend.com However, We will continue to maintain records to the extent that We are required by law to do so.

10. Your Account

10.1. To lend or borrow through the Site You must log in using Your Login Credentials.

10.2. When You enter Your Login Credentials correctly, We assume that You are the person using the Site and making transactions and You will be liable for them to the extent of these Terms and any Loan Agreement.

10.3. You must keep Your Login Credentials secret (as well as other codes that protect access to Your Bank Account) and make sure that they are not stored on Your workstation in a way that enables others to impersonate You, or write them down without disguising them.

10.4. If You disclose Your Login Credentials to any person or entity whom You employ or otherwise retain, appoint or authorise to access to Your Account, You are also responsible and liable for any access, use or misuse or disclosure of Your Login Credentials by such person or entity.

10.5. We can refuse to act on any instruction that We believe:

10.5.1. was unclear; 

10.5.2. was not given by You; 

10.5.3. might cause Us to breach a legal or other duty; or  

10.5.4. that Carilend or the Site is being used for an illegal purpose.

10.6. You must tell Us as soon as possible if You think that someone else knows Your Login Credentials (or other codes that protect access to Your Bank Account) or can use the Site by impersonating You. Until such time as You tell Us You will be responsible for any instruction which We receive and act on, even if it was not given by You; and We will not be responsible for any unauthorised access to confidential information about You stored on the Site.

10.7. We will do all that We reasonably can to prevent unauthorised access to Your Account. As long as You have not broken the other terms contained in this Clause 10, We will accept liability for any loss or damage to You resulting directly from any unauthorised access to Your Account.

10.8. Your Account on the Site will show, amongst other things:

10.8.1. the amount credited to Your Account;

10.8.2. the amount You: have borrowed (if any); and/or have offered to lend (if any); and/or have lent (if any); through the Site;

10.8.3. details of repayments made and/or expected against any Loan; 

10.8.4. a statement of deposits and withdrawals; 

10.8.5. certain personal details;

10.8.6. information about the Site.

11. Charges and Fees

11.1. To use some of the Services available on the Site you agree to register on the site and obtain membership to enable access to such relevant Services.

11.2. As a Borrower, each time You receive a Loan resulting from a successful Loan Request to borrow money using the Site You agree to pay to Us a flat fee, a contribution towards the Reserve Fund and/or a percentage fee as well as Stamp Duty, value added taxes and any other taxes, duties and imposts imposed by law. The amounts of such fees, contribution and percentage fees are those applying on the date of the Loan as set out in the Fees Section.

11.3. As a Lender, each time You lend money to a Borrower resulting from a successful or part successful Match on a Loan Request You agree to pay to Us and We may deduct a flat fee, and/or monthly a percentage of the Interest paid to You under the resulting Loan Agreement(s) as well as Stamp Duty, value added taxes and any other taxes, duties and imposts imposed by law. The amounts of such flat fees and percentage fees are those applying on the date of the Loan as set out in the Fees Section.

11.4. We may waive or reduce the fees above from time to time for promotional purposes or as We see fit.

11.5. If You are a Borrower and are late in paying the full amount of any instalment, We may charge a Failed Pre-Authorised Debit Fee as applying at the time as set out in the Fees Section.

11.6. If You as a Borrower are in Arrears or in Default, and a Carilend is appointed to act as attorney-in-fact on behalf a Lender in any proceedings relating to the collection of any Arrears or in the event of Default, you agree that We can charge You administration fees for the expenses incurred (included legal fees) in attempting to collect the repayments. The administration fees will be based on a percentage of the amount that is overdue to Your Lenders, including any interest that accrues on overdue amounts. The actual percentages and fees are those applying at the time as set out in the Fees Section.

11.7. You are responsible for any related telecommunications or broadband charges, digital television subscription or other charges for the time You spend accessing the Site via the internet or any wireless, television or other relevant network.

11.8. The relevant fees charged are those applying on the date of the Loan as set out in the Fees Section.

11.9. We reserve the right to increase any fees at any time, but only after first publishing the increased fees for at least seven (7) days on the Site prior to the change being made.

12. Records

12.1. The records kept on the Site shall be conclusive of the facts and matters they purport to record.

12.2. You agree that Carilend is authorised to provide electronic or other copies of this Agreement for the purposes of adjudication for any applicable Stamp Duty, value added taxes or any other taxes, duties and imposts imposed by law and required to ensure the admissibility of this Agreement into evidence for the purposes of any legal proceedings.

13. Payments

13.1. All amounts are stated in, and all deposits, withdrawals and payments will be made in Barbados Dollars (BBD) and will be made via the Site payment systems using direct debit and or direct credit (or any alternatives that may be made available from time to time).

13.2. We will transfer funds to You when You request a withdrawal, deposit or disbursal. We reserve the right to request verification for any deposit, disbursal or withdrawal instructions. If You refuse to send verification information via e-mail or instant messaging, We reserve the right to refund a deposit and terminate Your Account or suspend a disbursal or withdrawal.

13.3. We may suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an Account via a fraudulent deposit will be reversed immediately. If a fraudulent payment is discovered when a withdrawal has already been processed, You will be required to return the funds to Your Account and/or face termination of your Client Relationship and/or legal proceedings. 

13.4. Should any dispute arise regarding payments, you agree with any other Client to abide by the Dispute Resolution Procedure.

13.5. You agree to reimburse Us or a Client as appropriate if We detect an erroneous or duplicate transaction and We may seek reimbursement by charging Your Account, deducting amounts from future payments owed, charging Your Bank Account via Pre-Authorised Debit, or by pursuing whatever lawful means available and necessary for Us to secure repayment (“Charge Back”).

13.6. Failure to pay for reimbursements of Charge Back is cause for Us to terminate Your Client Relationship.

13.7. All payments by Lenders to Borrowers will be made through the Clients' Account.

13.8. We may charge a fee for making certain payments, such fees as applying at the time as set out in the Fees Section.

13.9. All payments initiated by Clients shall carry the unique reference provided for identification. Failure to do so may interrupt processing, may result in Our inability to match funds to Clients and/or the loss of funds.

14. Lending

14.1. To lend via the Site You must comply with these Terms and the Loan Agreement and amongst other things: 

14.1.1. deposit the total amount that You wish to lend into the Clients' Account by Pre-Authorised Debit from Your Bank Account;

14.1.2. quote Your unique Username as a reference.

14.2. All deposits You make with Your Username included will be recorded as a credit to Your Account.

14.3. You can login to Your Account and either:

14.3.1. Use the amounts in further Match allocations; or

14.3.2. Request their withdrawal to Your Bank Account.

14.4. We will provide on the Site:

14.4.1. The information supplied by the credit reference agency (if available) in relation to a particular Borrower which will be summarised by Us and published on the Site in the Borrower’s Loan Request  along with the result of our credit scoring in the form of a Carilend risk grade;

14.4.2. Information provided by the Borrower relating to whether or not the Borrower is able to afford to repay the total loan amount requested;

14.4.3. Client Content (if any) included by the Borrower in his or her Loan Request.

14.6. The Site will attempt to Match the requirements of all Clients who have input their Lender Preferences to lend and borrow money but we make no representations or warranties as to the suitability, credit worthiness or ability to repay of any Borrower. 

14.7. By posting Lender Preferences, You are offering to enter into a Loan Agreement with a Borrower who meets Your Lending Preference and is matched to you through EasyLend. 

14.8. When a Loan Request is fully-funded, it is open to be accepted, or declined, along with the corresponding successful or part successful Matches, by the Borrower at any time. When a fully-funded Loan Request duration expires, it is open to be accepted, or declined, along with the corresponding successful or part successful Matches, by the Borrower for forty-eight (48) hours.

14.9. The amount of money offered in each of your allocations in your Lender Preferences will be reserved in Your Account until: 

14.9.1. Your requirements have been met and Match compared with other Clients and the money you wish to lend has been credited to the relevant Borrower; or 

14.9.2. You have reallocated or withdrawn your allocations in your Lender Preferences.

14.10. The Loan Agreement will be formed automatically at the point when a Borrower accepts or part accepts Your Matches. 

14.11. We will hold in Your Clients' Lending Account the amounts You wish to lend, including amounts You have lent but have not yet been disbursed to any Borrower through the Site. These amounts will be recorded as a credit to Your Account which You can see by logging in to Your Account and are held by Us on trust. The perpetuity period of any trust created pursuant to these Terms and Conditions shall be eighty (80) years. 

14.12. You can request through Your Account the transfer of any amount You hold in Your Account to Your Bank Account at any time, other than amounts that are the subject of confirmed Matches and have not yet been disbursed to the Borrower and any accrued, but uncharged, fees. If a Loan Agreement is found to be void under these Terms the amount You have lent under that Loan Agreement will show in Your Account as being available for You to re-offer on the Site or transfer to Your Bank Account as You see fit.

14.13. If Your Account has funds in it and there has been no activity on the account for eighteen (18) months, at Our discretion We will transfer those funds to Your Bank Account, or pay those funds to You by means of a cheque to Your last known place of residence.

15. Borrowing

15.1. To borrow via the Site You must comply with these Terms and the Loan Agreement and amongst other things You must have:

15.1.1. received a minimum credit score;

15.1.2. successfully set up a Pre-Authorised Debit to pay to the Clients' Account the amounts that you have agreed to repay in the Loan Agreement(s).

15.2. If You want to borrow through the Loan Requests, You will have the opportunity to post a Loan Request specifying Your Borrowing Requirement.

15.3. You undertake, warrant and represent that Your Client Content, and in particular each statement that You make in any Loan Request, is true, accurate and complete in each and every respect. If this is not the case then We reserve the right to refer the matter to the relevant credit reference and fraud agencies.

15.4. You agree that we can provide access to the Client Content to Lenders to enable to determine if they wish to lend to You.

15.5. In the course of posting and accepting a Loan Request, You must enter the details of Your Bank Account and set up a direct debit from that account to the Client' Account, which is to be used to make the repayments due from You to the Lender under each Loan Agreement You enter into.

15.6. You agree to continue to provide up-to-date details of Your Bank Account to Us.

15.7. If there are sufficient Matches from Lenders to fully fund the total loan amount that You have requested in Your Loan Request, You may accept or part accept or decline the Matches at any time. You will have forty-eight (48) hours after the expiry of the Loan Request to accept or part accept, or decline the Matches made. If You accept or part accept any Matches, Loan Agreements will be formed automatically between You and each Lender's Matches that You accepted or part accepted.

15.8. If Your Loan Request does not receive sufficient Matches to fully fund Your Borrowing Requirement within the duration of that Loan Request, then You may terminate the Loan Request by clicking “Decline” or You may modify the Loan Request profile words and extend its duration by a number of days.

15.10. Once You accept the Matches, We will transfer the total amount You have borrowed, less Our fees and a contribution to the Reserve Fund and Stamp Duty, to Your Bank Account, subject to the information in Your Loan Request not being inaccurate or deficient in any respect (if We discover that it was, then the Loan Agreement will be void and We will seek to recover the Loan money paid and report this information to credit reference and fraud agencies).

15.11. As a Borrower, You make Your repayments due under Loan Agreements by Pre-Authorised Debit to the Clients’ Account, which results in an initial credit for the loan to Your Account, and then a series of repayment instalment debits to Your Account and corresponding credits in each relevant Lender's Account.

16. Loan Agreement

16.1. When a Borrower accepts a Loan that is offered on the Site that Borrower is accepting each individual Match, or a part amount of such Match. For each Match accepted there will be its corresponding Loan Agreement between the Borrower and the Lender who has been Matched. This means You will not be given the opportunity to review the Loan Agreement or the Loan Agreement terms and conditions after You have made a Loan Request or Match, as the case may be. By accepting these Terms You are accepting that:

16.1.1. the Loan Agreement terms and conditions will be incorporated into this Agreement for every successful Loan Request;

16.1.2. the Site processes Borrowers' Pre-Authorised Debit payments in relation to the repayment of amounts under each Loan Agreement;

16.1.3. each Lender hereby grants a power of attorney to Carilend appointing Carilend as its attorney-in-fact to act on its behalf in any proceedings relating to the collection of any missed payments due from Borrowers in accordance with the default procedures as set out on the Site and each Lender also grants Carilend sole and exclusive power to appoint legal counsel for the collection and enforcement of the debts in its capacity as attorney-in-fact for the Lender.

16.2. Each time Matches are accepted, details of the amount lent or borrowed will be recorded in Your Account, including the number of Loan Agreements that make up Your total lending or borrowing. The identity of each Client will not be disclosed to any other Client, except where it is necessary to do so as part of any regulatory issues or court or other enforcement proceedings for recovery of debt under any Loan Agreement.

16.3. You agree that we may pass on any of Your relevant personal information to a credit reference agency including but not limited to any amounts borrowed, the repayment schedule and details of late repayment. 

16.4. As a Borrower, if You wish to repay a loan earlier than the Repayment Plan envisages or if You wish to You change the Repayment Plan, you agree We may charge a fee, partly paid to Lenders in compensation for the change in their Loan Agreement with You. The details of such fees are those applying at the time as set out in the Fees Section of the Site.

16.5. As a Borrower, if You miss paying a Loan Repayment Instalment in full, or find Yourself in financial difficulties and You believe You cannot afford to repay the full amount due under any of Your Loan Agreements, You should contact Us as soon as possible by email to info@carilend.com. We will do the following:

16.5.1 .explain the procedures We will apply and Your options; 

16.5.2. tell You if proceedings will be commenced against You to collect the outstanding debt.

16.6. As a Borrower, You should advise Carilend when Your circumstances change in a way that may adversely impact Your ability to repay the full amount due under any of Your Loan Agreements.

16.7. As a Borrower, if Your relationship with Carilend has broken down, this will be included in the information supplied to the credit reference agencies. You should be aware that this may have serious consequences for Your ability to get credit in the future.

16.8. If you are a Borrower and fail to pay the full amount of each repayment when it is due and payable in relation to any Loan Agreement such that a total value of three (3) months of Arrears have accumulated, you agree to each relevant Lender appointing Carilend as its attorney-in-fact to act on the Lender's behalf in any proceedings relating to the collection of the debt and to the Lender granting Carilend sole and exclusive power to appoint legal counsel for the collection and enforcement of the debts in its capacity as attorney-in-fact for the Lender.

16.9. Upon the appointment of Carilend as the Lender's attorney-in-fact, , Carilend will commence actions on behalf of the Lender to recover the outstanding debt and any sums recovered by Carilend will be returned to the relevant Lender subject to deduction of a due proportion of the costs of recovery represented by that Lender's original loan to the entire amount loaned.

17. Complaints and Dispute Resolution

17.1. If You have a complaint about Us, the Site, a Client or a Carilend employee or You have a dispute with Us, another Client or a Carilend employee You should email Your complaint to info@carilend.com giving Your name or username and brief details of Your complaint or dispute. Our customer service staff will normally acknowledge Your email with an email by the close of business the following Business Day.

17.2. Our customer service staff will then investigate the complaint or dispute and respond to You by email within five (5) Business Days, but possibly by the next Business Day, in an effort to settle the complaint or dispute, offering suggestions for a suitable remedy, if appropriate.

17.3. If the complaint or dispute is not or cannot be resolved by close of business on the Business Day after the complaint is received, We will email You the steps We intend to take to settle the complaint or dispute. If You are not happy with Our plan, You should specify why You are not happy and state Your requirements by email to the Customer Services Manager, who will respond by email within a further five (5) Business Days.

17.4. If You are not satisfied with the response from the Customer Services Manager, You can email info@carilend.com, enclosing the responses already given to You. Your email will then be referred to the Chief Executive Officer, who will respond by email within a further five (5) Business Days.

17.5. Within four (4) weeks after receiving a complaint or dispute, We will send You either a final response reasonably endeavouring to settle the issue, or a response which explains why We are not in a position to resolve the issue indicating any further plan.

18. Property, Copyright and Ownership

18.1. The contents of the Site are protected by copyright. 

18.2. Copying, changing, distributing or storing information or other data, requires Our prior written agreement.

18.3. All trademarks and intellectual property rights, including those of third parties, mentioned in the Site are the property of their owners. It cannot be concluded that brands or trademarks mentioned in the Site are Ours or are not protected by third parties' rights.

18.4. You shall not post third party copyright material on the Site.

18.5. All rights for material developed and published by Us remains solely with Us. Copying or using such texts or data in other electronic or printed publications is not allowed without Our prior written agreement.

18.6. All Information is Our proprietary information.

19. Third Party Websites

19.1. On the Site We may make links to other websites. The availability of such third party sites, services or material does not constitute any form of recommendation, advice or endorsement of any such third party sites by Us and We make no warranty as to the availability, services, information provided or goods offered on or by these sites. We have no control over the content of such websites and therefore We cannot guarantee their accuracy or completeness and We are not responsible for their availability or content.

20. Indemnity

20.1. Subject to You being liable for any infringement, You agree to indemnify Us of all claims You or third parties may make against Us for any infringement of such third party's rights through any contents You may have entered on the Site. You will bear all costs associated with Our legal defence, including court and lawyers' expenses.

21. Limitation of Liability

21.1. Our liability is restricted to damage caused intentionally and by gross negligence as far as it does not concern the violation of an obligation that is essential to this Agreement or damage to life, body or health. The same applies to the liability of Our representatives. Except for intentional and gross negligence, liability shall be restricted to the damage that is typically foreseeable at the time this Agreement is concluded.

21.2. You agree that We are not liable for:-

21.2.1. direct, indirect or consequential damage or loss caused by circumstances beyond Our own reasonable control;

21.2.2. indirect or consequential damage or loss;

21.2.3. any malfunction or non availability of the Site;

21.2.4. any error or inaccuracy in processing data on the Site;

21.2.5. websites to which reference is made through links on the Site;

21.2.6. the contents and information entered by Clients;

21.2.7. failures within the service network not caused by Us;

21.2.8. taxation or exposure to increased taxation resulting from Your transactions on the Site;

21.2.9. any negligence, breach of contract, misrepresentation or wilful misconduct in relation to the use of the Site (other than Our own).

22. Taxation

22.1. If any taxes apply to You as a result of You executing transactions on the Site You must account for them to Your relevant taxation authority. Where required by law, Carilend will deduct withholding tax and make payments as required and in such circumstances we will provide you with a statement to assist with preparation of your taxation returns.

23. Validity of the Agreement

23.1. Should individual provisions of these Terms be or become void or ineffective and/or conflict with legal provisions, then this will not affect the validity of any other Terms. 

23.2. Any provisions of these Terms deemed to be ineffective shall be replaced by the Parties to this Agreement by provisions that best meet the economic purpose of the ineffective provisions in a legally effective way. This shall correspondingly apply to any missing provisions.

24. Entire Agreement

24.1. This Agreement together with the Match Terms and Schedules constitutes the entire agreement and understanding between Us and You regarding the subject matter contained herein. This Agreement supersedes any and all prior agreements between Us and You regarding Your right to use the Site.

25. Written Form, Applicable Law and Jurisdiction

25.1. All notices in connection with the use of the Site must be made in writing or by sending an e-mail. 

25.2. You agree that all documents and notices that We shall send to You may be delivered electronically to You via Your Account or email. You will also receive by email to Your email address from time to time a prompt to refer You to Your Account.

26. We shall make annual statements available to Lenders and Borrower electronically and reserve the right to charge an administration fee of BBD$50 for a paper copy of such statements or for statements covering a period for which We would not normally provide a statement.

26.1. These Terms are subject to the laws of Barbados. Barbados shall be the exclusive place of jurisdiction for all claims arising from the use of the Site.

27. Privacy Policy

27.1. The Privacy Policy for the Site is contained in Schedule 1 of this Agreement and You agree to the terms of the Privacy Policy.


Schedule 1

Privacy Policy

Introduction

The protection of Your information is very important to Us. We understand that You have the right to privacy and that You expect Us to keep Your information safe and secure. In general We do not share non-public information about You with third parties without Your consent, except as explained in the rest of this policy.

Personal Data

We Respect Your Privacy.

Our privacy policy relates only to information that We obtain from You. If You visit a website operated by a third party through a link included on the Site, Your information might be used differently by the operator of the linked website.

Personal Data is defined in Schedule 2 of this Agreement. The Site respects Your privacy and the confidentiality of Your Personal Data in compliance with the relevant data protection laws. This policy exists to help You understand how We, as Data Controller, use and protect Your Personal Data on the Site.

We shall take appropriate organisational and technical measures for protecting Personal Data, and We shall store Personal Data only as long as necessary for the correct function of the Site and legal requirements.

We obtain Personal Data: at registration, from Your Profile, from any Loan Requests that You create, Matches that You make, and from other organisations such as employers, credit reference agencies and anti-fraud organisations. Examples of stored Personal Data may be:

  • Your name, e-mail address;
  • landline and mobile/cellular telephone numbers;
  • address;
  • gender;
  • birth date; 
  • information You complete in relation to Our client surveys;
  • information included in any documents You complete or online services to which You subscribe;
  • employment details; and 
  • bank account.

In addition to Personal Data, other information that We collect includes:

  • IP address;
  • operating system;
  • type of browser; and 
  • web pages visited. 

This information is used for maintaining the Site, identifying trends in usage, improving the Site's security, improving products and services and for monitoring purposes.

Our use of Personal Data includes: 

  • validating and verifying information;
  • liaising with any legal counsel appointed to commence legal proceedings to collect any debts owed;
  • liaising with credit reference agencies;
  • processing any application made by You; 
  • updating Your records; 
  • administering Your Account;
  • complying with Our statutory and regulatory obligations;
  • assessing lending risks; 
  • identifying and preventing fraud, money laundering and other crimes; 
  • reporting to regulators; 
  • informing You on lending or borrowing;
  • improving Our products or Services; or 
  • use for statistical analysis and market research.

We will keep Personal Data confidential and only give it to others as strictly necessary for exercising rights and meeting obligations resulting from legitimate use of the Site, pursuing Our legitimate business goals or complying with any applicable laws and/or regulations.

Examples of those to whom We pass Personal Data are agencies for law enforcement and fraud prevention, credit reference agencies, reputable debt collectors and anti-money laundering and counter-terrorist financing organisations.

If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. We are able to provide you with details of the relevant fraud prevention agencies if you contact us.

We and other organisations, including law enforcement agencies, may also access and use this information to prevent fraud, money laundering and terrorist financing, for example, when:

  • checking details on applications for credit or credit-related services;
  • managing credit and credit related account or facilities;
  • recovering debt;
  • checking details on proposals and claims for all types of insurance;
  • checking details of job applicants or employees.

We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.

Other examples of when We pass on Your Personal Data are:

  • if You ask Us to;
  • for the operation of the Site, e.g. when making or receiving payments;
  • to inform credit reference agencies regarding Your borrowing account;
  • to investigate, prevent or detect fraud or to share information with anti-fraud organisations;
  • to file a default or trace debtors;
  • checking details in relation to anti money laundering issues;
  • to regulatory or taxation authorities;
  • if We are required to by law.

We will not disclose Personal Data to other Clients unless necessary to enforce a Loan Agreement. If You receive others’ Personal Data, You may only use it in correspondence with Us about the issue.

When processing Loan Requests, Loan Agreements or Your Account, the Site will show certain transaction data (e.g. username, amount, Interest rate) but certainly not Your name, or other identifying data.

Any credit reference agency that is searched to obtain a credit reference on You, will keep a record of such search, and other lenders may use it to assess applications they receive from You in the future.

We will give You at least fourteen (14) days' notice before We file a default on Your credit reference.

We reserve the right to appoint an internet service provider to host the Site on Our behalf which may be situated outside the Barbados or the Caribbean Community and Common Market (“CARICOM”). By agreeing to the Terms, You consent to any transfer of Your personal information outside Barbados or CARICOM. This may be necessary for Us to achieve the purposes set out above. 

We may use technology to track the patterns of behaviour of visitors to the Site. This can include using a "cookie" which would be stored on Your browser. You have a right to refuse this and if You don't want this to happen, then You should modify Your browser to prevent this happening. 

COOKIES. 

Cookies are small text files stored on Your device when You visit the Site and can be used in order for the Site to run effectively or to identify Your device whenever You return to the Site. 

We use a number of different cookies on the Site. For further information on cookies We recommend You visit http://www.aboutcookies.org for detailed guidance.

The list below describe the cookies We use on the Site and what We use them for. Currently, We operate an ‘implied consent’ policy which means that We assume You are happy with this usage. If You are not happy, then You should either not use the Site, or You should delete the cookies having visited the Site, or You should browse the Site using Your browser’s anonymous usage setting (called “Incognito” in Chrome, “InPrivate” for Internet Explorer, “Private Browsing” in Firefox and Safari etc.)

First Party Cookie

These are cookies that are set by the Site directly.

Google Analytics: We use Google Analytics to collect information about visitor behaviour on the Site. Google Analytics stores information about what pages You visit, how long You are on the Site, how You got here and what You click on. This Analytics data is collected via a JavaScript tag in the pages of the Site and is not tied to personally identifiable information. We therefore do not collect or store Your personal information (e.g. Your name or address) so this information cannot be used to identify who You are.

You can find out more about Google’s position on privacy as regards its analytics service at  http://www.google.co.uk/intl/en/analytics/privacyoverview.html.

Joomla: The Site runs the popular Joomla CMS and cookies are used to store basic data on Your interactions with Joomla, and whether You have logged into Joomla. We use a session cookie to remember Your log-in for You if You are a registered user and We deem these as being strictly necessary to the working of the Site. If these are disabled then various functionality on the Site will be broken.

More information on session cookies and what they are used for at  http://www.allaboutcookies.org/cookies/session-cookies-used-for.html.

Third Party Cookies

These are cookies set on Your device by external websites whose services are used on this Site. Cookies of this type are the sharing buttons across the Site allow visitors to share content onto social networks. Cookies are currently set by Facebook, Twitter and LinkedIn. In order to implement these buttons, and connect them to the relevant social networks and external sites, there are scripts from domains outside of the Site. You should be aware that these sites are likely to be collecting information about what You are doing all around the internet, including on the Site.

You should check the respective policies of each of these sites to see how exactly they use Your information and to find out how to opt out, or delete, such information.

We and Our advertisers may use cookies and other techniques for passively collecting demographic information, personalising Your use of the Site or recognising Your device when You revisit the Site. Advertisers use cookies for recording clicks on adverts. This assists them in displaying relevant adverts. We may combine cookies information with Personal Data. 

The Site may contain links transferring You to other websites. Such websites may not be within Our control, and therefore other privacy policies may apply to such sites. We recommend that You take care when You visit another website and supply Personal Data.

We reserve the right to transfer Personal Data to a legal successor who acquires the right to use such information in case the Site is sold or assigned.

We reserve the right to modify the data protection measures and the Privacy Policy should it become necessary. We shall notify You of such changes by email.

Under the relevant laws pertaining to the protection of data and data privacy, You have a right to access, view, correct, or remove any Personal Data We, credit reference agencies and fraud prevention agencies hold about You. You should email Us at info@carilend.com. We will meet Your request in a reasonable period of time and after proof of Your identity provided that We do not infringe any legal provisions by doing so. We will first inform You of any fee that might be payable, and You have confirmed to Us that You wish to proceed.


Schedule 2

Definitions

Account

Means the part of the Site which can only be accessed by a Client using their own Login Credentials, the database records that store details of that Client’s transactions and money balances held for that Client at any time in the Clients' Account, and the area of the Site that displays such information to that Client;

Arrears

Means when a Loan Repayment Instalment on a Loan has not been paid in full and is past its due date to be credited in the Clients’ Account. Arrears are quoted by the number of months' full or part payments that have been missed. Therefore a Borrower who has missed two monthly instalments is two months in arrears; 

Bank Account

Means the Barbados bank account of the Client;

Borrower

Means the Client identified as the Borrower in the Loan Agreement and who intends to borrow money pursuant to the terms and conditions of that Loan Agreement;

Business Day

Means a day (excluding Saturdays) on which banks are generally open in Barbados for the transaction of normal banking business;

Charge Back

Means the fee defined in clause 13.5 of this Agreement;

Client

Means an individual who has completed the Registration Process and has been issued with his/her own identifying account number;

Clients' Account

Means the segregated bank account We maintain with RBC Royal Bank [in Barbados] (or such other bank as We may choose from time to time) for the sole purpose of holding funds to which Client are beneficially entitled in accordance with these Terms and Conditions and/or any Loan Agreement;

Client Content

Means the content provided by the Client and placed on the Site;

Client Eligibility Criteria

Means the criteria We apply when We consider and determine whether to accept an application to register a Client using the Registration Process and as further outlined in clause 4 of this Agreement;

Clients' Lending Account

Means the account maintained by a Client in his/her capacity as a Lender with the Site;

Client Relationship

Means a Client's relationship with the Site;

Credit Rating

Means the information supplied by a credit reference agency (if any) along with the results of our credit scoring assessment in relation to a particular Borrower which will be summarised by Us and published on the Site in the Borrower’s Loan Request detail in the form of the Credit Rating;

Data Controller

Means Us;

Default

Means a breach of the terms of the Loan Agreement by the Borrower, usually when three or more Loan Repayment Instalments have not been paid in full and Arrears have accumulated;

Dispute Resolution Procedure

Means the procedure as detailed in clause 17 of this Agreement; 

Easylend

Means a facility for Clients to use to match their lending and borrowing requirements; 

Failed Pre-Authorised Debit Fee

Means a payment by a Client to Us for late payment of a Loan Repayment Instalment; 

Fees Section

Means the Fee Section of the Site;

Information

Means the information provided to the Site by the Clients;

Interest 

Means the interest rate paid by a Borrower to a Lender as set out in their Loan Agreement;

IP Address

Means an Internet Protocol address;

Lender Preferences

Means the method by which Lenders allocate their funds to loans by indicating the maximum amount per loan and the risk grades and term they wish to lend for using the EasyLend or other similar process made available on the Site;

Lender Registration

Means the registration of a Client to become a Lender on the Site;

Lender(s)

Means the Client(s) identified as the Lender(s) as set out in a Loan Agreement and who lends money pursuant to a Loan Request and, for the purposes of enforcing a Loan Agreement, includes any person to whom any Lender has transferred his or her rights under that Loan Agreement;

Loan

Means the loan advanced by a Client as a Lender to another Client acting as a Borrower using PU;

Loan Agreement

Means an agreement relating to a Loan incorporating the terms of this Agreement;

Loan Repayment Instalment

Means the instalment payments to be paid by a Borrower to a Lender at a rate agreed between the Borrower and Lender for repayment of the Principal, Interest and other costs incurred whilst the Loan is outstanding and owed to the Lender;

Loan Request

Means a request by a Client for a potential Loan with details of the potential Loan value, the period for repayment of the Loan, which the Client would like to borrow via the Site;

Login Credentials

Means a Client’s user name and password that enable that Client to login into the Client's section of the Site and their Account;

Match

Means the method by which the marketplace matches a borrower's Loan Requests with lenders using the lenders' investment preferences input on their Account via the Site to lend a certain amount of money at a particular Interest rate to satisfy in whole or part that Loan Request;

P2P

Means “Peer-to-Peer” or “Person to Person” which describes the form of the lending and borrowing between people enabled via the marketplace and PU; 

Personal Data

Means data which relate to a living individual who can be identified from those data, or from those data and other information which is in the possession of, or is likely to come into the possession of, the Data Controller, and includes any expression of opinion about the individual and any indication of the intentions of the Data Controller or any other person in respect of the individual;

Privacy Policy

Means the Privacy Policy contained in Schedule 1 of this Agreement;

Profile

Means the information provided by the Client in relation to their identity and other personal information during and after the Registration Process;

PU

Means “P2P Unsecured Lending & Borrowing” which is the initial marketplace launched by Carilend, for person to person unsecured lending and borrowing;

Registration Process

Means the process to register as a Client of the Site;

Repayment Plan

Means a plan of all the repayments for any loan and detailed in an Account;

Reserve Fund

Means the Reserve Fund Scheme to be used for the benefit of lenders to compensate them for a borrower’s late or missed payment, arrears or even default. It is not an insurance product, is not enforceable and does not guarantee that the funds available will cover every default;

Services

Means the services provided by the Site;

Site

Means the internet website www.carilend.com;

Site Content

Means the content of the Site;

Stamp Duty

Means the applicable rate of ad valorem stamp duty as required under the Stamp Duty Act, Cap. 91 of the laws of Barbados;

Username

Means a name used by the Client to login into the Site;

Website Use Terms

Means the website use terms for the Site and contained in this Agreement.

Working Day

Means a day (excluding Saturdays) on which banks are generally open in Barbados for the transaction of normal banking business.