Maclear AG – 4th of April 2024

1. Introduction

Maclear AG, with its registered office in Wallisellen and number CHE-115.674.165 (Maclear), operates an nline p2p crowdlending platform www.maclear.ch (Platform). The Platform is an intermediary platform providing loans to Borrowers with loan amounts financed by the direct assignment of loan claims to Investors who provide the money. Maclear does not grant loans and Maclear is not a bank.

The Platform aims to bring Investors and Borrowers together. Together, the Investors and the Borrowers are the Users of the Platform.

These General Terms & Conditions explain the terms under which the Users are allowed to access and use the Platform, set out the role of Maclear and the obligation of the Users.  

The General Terms & Conditions are effective on the date of the acceptance by the User. The
User’s continued use of the Platform after that will signify that the User has read, understood, and accept and agree to be bound by these General Terms & Conditions.  

Maclear may update these General Terms & Conditions from time to time in its sole discretion.
Revisions will take effect when posted, unless stated otherwise.

To be able to use the Platform, the User must agree to these General Terms & Conditions either as an Investor or as a Borrower.

Claims against Borrowers arising from the Loan Agreement are transferred by Maclear to the Investors in accordance with the Claim Purchase & Assignment Agreement. The Claim Purchase &
Assignment Agreement is an agreement between Maclear and the Investors regarding the purchase and transfer of the claims of Maclear against Borrowers, as well as management by Maclear of such claims. Utilising Secondary Market function implemented in Maclear AG Platform, Maclear also administrates transfers (sale/purchase) of the Claims towards Borrowers between participating registered Investors. This function also realised through Claim Purchase & Assignment Agreement, where the Seller is one Investor and the Buyer is the other Investor.

Users are anonymous on the Platform. There is no direct contract between the Borrower and the Investor. Users do not receive any information about the identity of other Users via the platform.
If the target amount is reached within the offer period and all Investor funds are available in the target amount to Maclear for the project, Maclear will declare the project funding successful. With
this declaration, the suspensive effect of the Claim Purchase & Assignment Agreements between Maclear and the Investors and the suspensive effect of the Loan Agreement between Maclear and the Borrower is realised and both agreements become fully legally binding and valid for all parties.
Maclear transfers instantly the loan amount to the Borrower, minus the success fee as defined in for the specific project and the reserve fund allocation, and assign the claim to each of the Investors as per the investment amount. In the Investment Project Acceptance and Confirmation Agreement, Maclear and Borrower agree on the key data of a project. Two further agreements concluded between Maclear and the Investors govern the payment and management of claim process.

Maclear shall make available the respective agreements to the Investor and the Borrower, respectively, in the User account.

By registering and accepting the General Terms & Conditions, the User accepts that any contract
concluded in connection with Maclear is valid even if it is concluded in several copies. In this case, each copy shall be deemed to be the original of the agreement and all copies together shall be deemed to be one and the same agreement. Signatures to an agreement transmitted by e-mail in ".pdf"-format or by other electronic means intended to preserve the original graphic and pictorial appearance of the agreement shall have the same effect as the physical delivery of the paper document bearing the original signature. By signing on behalf of another person or company, the User declares that he/she is duly authorised to sign on behalf of that person or company.

2. Provisions Applying Equally to All Users

2.1 Financing of Projects – Generalities

The Platform is an intermediary platform providing loans to Borrowers with loan amounts financed
by the direct assignment of loan claims to  Investors who provide the money for the Borrower’s projects. For their projects, Borrowers are seeking to obtain funds over the Platform. Therefore, Borrowers and Maclear conclude a loan agreement (Loan Agreement). The loan amount that has been issued to the Borrower shall be repaid to Maclear by the Borrower plus the interest set in advance and transferred to the Investors by Maclear in proportion to their investments.

Investors may finance part or all of the loan by acquiring from Maclear the assignment of the loan
claims under the Loan Agreement. When an Investor finances a project or part thereof, it becomes bound to Maclear by an assignment agreement (Claim Purchase & Assignment Agreement).