At Howlett Capital SA we provide an alternative financing market (the "Marketplace") via the Website that facilitates participation by our investor clients ("Investors") in loans granted to companies in Costa Rica.
The credits that we publish in our Marketplace are exclusively credits granted to small and medium-sized companies in Costa Rica and physical persons ("Borrowers").
It should be expressly noted that we do not provide the credits, exclusively performing the following services and other services stipulated or referred to in these Conditions (our "Services"):
By accepting these Conditions and / or using our Services, you confirm that you understand and accept the risks associated with acquiring and / or having participations in credits through our Marketplace, including, among others, the following:
Howlett Capital SA aims to carry out the following activities, among others:
It should be expressly noted that Howlett Capital SA does not act as a borrower under any Credit agreement, despite having third party rights under these agreements as administrator.
We will not perform any investment management functions on your behalf. You maintain complete control and discretion over whether or not you want to participate in a credit, as well as over the management of any participation in credits that you acquire or maintain through our Marketplace.
The services we provide on advice or recommendation regarding a particular loan or to make any decision in relation to a share in credit acquired or maintained through our Marketplace are personal criteria of each executive based on their experience and academic education, not You may commit Howlett Capital SA for any inconvenience that these services present, the investor will always have full responsibility for your investment.
We provide each credit with a risk rating, based on the information included in the Borrower's request and the results of checks carried out by external sources, such as credit reference databases. The liability of Howlett Capital SA for this risk classification is limited.Therefore it is important that you form your own opinion in relation to the creditworthiness of a Borrower and that you carry out your own investigation, analysis and evaluation of the Borrower in question and, in if necessary, seek your own independent financial advice.
Howlett Capital SA is not responsible for all information from outside sources.
All credits are carefully reviewed by our credit team, which assigns a risk classification to the requested credit based on Howlett Capital SA's internal risk classification system.
When a credit is published on our Marketplace, we create an online tab regarding the credit (a “Tab”), which summarizes key information about the credit and the Borrower and which investors can review on our Marketplace.
The auction of a loan will be open during the period established for the auction (“auction period”).
There is no maximum or minimum period established for the auction process. The auction period contemplated for a certain credit will be specified in the corresponding file, but we reserve the right to reduce or increase this period.
We also reserve the right to suspend or withdraw any auction at any time and for any reason.
There are no requirements for a loan auction to be fully subscribed. Acquisitions of shares in a loan by different investors will be completed independently.
If Howlett Capital SA becomes aware of a material and adverse change in the specific circumstances of the Borrower, it will suspend the auction of the loan in question. However, the offers made before the suspension will be completed unless the investor has canceled it before the acquisition of its participation has been completed.
By accepting these Conditions, you designate Howlett Capital SA as your agent or representative with the authority to:
These contracts and documents may include (but will not be limited to): a transfer contract effecting the transfer with respect to the participation of the credit in question and any guarantee or other collateral related thereto.
Transfers will be formalized according to our Transfer Terms and a confirmation of each transfer will either be sent to your email or will be available at your Howlett Capital SA
The moment you register as an investor, you will be asked to accept our Standard Contracts. You must tacitly accept this document by checking a box when prompted, once you have read and accepted it.
The corresponding Credit Agreement will regulate the principal and interest payments with respect to a Credit. Howlett Capital SA is responsible for coordinating the collection of said payments, which will be assigned to investors in proportion to the amount and duration of each investor's participation in the Credit.
The principal and interest payments received with respect to each credit in which you participate will be credited to your Destination Account and can be viewed on the My Account page.
Each credit in which it participates will be under the conditions and for the period specified in the corresponding credit Agreement.
Howlett Capital SA will send you annually, and as a summary, a list of the principal and interest payments that you have received and the amounts that have been withheld and deposited.
You can check your loan portfolio through your Howlett Capital SA Account
Under the terms of our Standard Credit Agreements, each Borrower agrees that, during the term of the Credit, certain key information will be provided to us (in turn) that enables us to monitor the Borrower's financial situation. See our Standard Credit Agreements for more details on the information our borrowers agree to provide.
We undertake to update the File for each loan to reflect all significant information that we receive from the Borrower in accordance with their corresponding loan agreement.
In relation to each credit in which you participate through our Marketplace, you designate us, by these conditions, as your agent with the authority to:
We promise to provide the following information in your Howlett Capital SA Account on our Website:
The following information in relation to each participation in credit that you have at any given time:
You agree that if a Borrower defaults on a payment in respect of a loan in which you have an interest, or is in default:
If a Borrower defaults on a payment, or only partially pays an overdue amount, we (by our means or through an agent acting on our behalf) will contact the Borrower to request that they proceed to make the pending payment as soon as possible. If our attempts to recover the outstanding payment are unsuccessful within 5 business days after the original due date, the credit will be treated as overdue and we will continue to attempt to recover the payment. We may assign the file to a collection agency that attempts to recover the money from you and from other investors (and you authorize us to designate such a collection agency in the way we deem appropriate on your part (a "Recovery Agency"). Any fees or costs incurred during the recovery of late payments will be borne by the relevant Borrower and will not reduce the amount available for distribution to investors.
If a Borrower defaults or does not pay, or only partially pays one or more installments, or if the Borrower defaults in any other way a Credit Agreement, and we also consider that the recovery of the total amount of the outstanding debt is unlikely, the credit may enter in default and we could ask a Collection Agency to try to recover the total outstanding amount of the Credit. A Collection Agency normally charges a fee of up to 25% of the amounts recovered, along with the corresponding VAT. These fees will be borne by the relevant Borrower, so as not to reduce the amount available to distribute to investors. However, in circumstances where only a partial recovery is made from the Borrower, the fees of the Collection Agency will be deducted from the amounts recovered and the remaining amounts obtained will be distributed among investors.
If an amount is still unpaid after taking these steps, we:
Recovery of amounts in arrears
We will keep you promptly informed about the progress of our efforts to recover any defaulted payments. All progress updates can be viewed from your Account.
When there is a delay of more than 30 days with respect to an entity that is debtor under more than one credit published in our Marketplace, any amount recovered from said debtor will be distributed among the investors of all relevant credits proportionally to the nominal value of their participation, on the entire outstanding principal of the relevant credits. For the purposes of this section, a loan will no longer be considered in arrears if (i) the amount in arrears has been fully satisfied (including ordinary and delinquent interest) or (ii) if a debt restructuring agreement has been entered into with the debtor, as long as the latter does not breach the terms thereof.
In relation to the credits in which you participate in our Marketplace, you hereby accept that we can on your behalf and on your behalf:
You agree that the costs and expenses of any recovery action will be paid with the amounts recovered. You will only be liable for the payment of such recovery costs to the extent that such costs cannot be recovered from the relevant Borrower.
In consideration of our services provided, we apply the following fees with respect to credits provided through our Marketplace (our "Charges"):
With respect to the Borrowers:
We recover the charges and expenses of third parties with respect to our credits as follows:
Si usted ya no desea ser cliente de Howlett Capital S.A, y siempre y cuando no tenga participaciones en créditos pendientes, puede hacérnoslo saber y le daremos de baja.
Nosotros tenemos el derecho de darle de baja en cualquier momento y por cualquier razón, incluyendo pero sin quedar limitados a, si:
All disclaimers, indemnities and exclusions in these Conditions will survive the termination of our Agreement.
Our risk analysis and classification processes
We assign a risk classification ("Rating") to each credit published in our Marketplace. This Rating is based on:
In our rating system, you will find a description of our current risk analysis processes and our rating methodology. These are subject to change from time to time and may vary for credits of different types and duration.
Our responsibility to you for our Ratings
We promise to use due rigor and diligence in determining the Rating of each credit included in our Marketplace.
We will periodically review each Rating.
Our responsibility to you for other information regarding borrowers and credits
With the exception of their Rating, each Borrower is responsible for the accuracy and completeness of the information displayed on the Website in relation to the Borrower and the credits published in our Marketplace ("Borrower Information"). This responsibility is manifested by the Borrower in the corresponding Credit Agreement.
We are committed to employing due diligence to avoid any errors in Borrower Information. In any case, you expressly agree that:
You agree that all investment activities you conduct through our Marketplace are done entirely at your own risk.
Likewise, you accept that our liability to you in relation to these Conditions, your status as a registered user of Howlett Capital SA and the use of our Services will be limited to any amount not recovered with respect to the participations in credits that you have acquired through our Marketplace.
Limitations on our liability for other information on our Website
The information that we provide on our Website regarding possible expected loss or delinquency in credits is provided for guidance purposes and is not guaranteed.
The information we provide on our Website does not constitute an endorsement of any credit or Borrower.
We will not be responsible for content on our Website that has been downloaded or posted by investors or borrowers, nor do we edit content of this type.
We do not assume any responsibility for the discrepancies that may exist between the printed documents and the electronic version published on the Website. In the event of a discrepancy between the printed version and the one published on the Website, the printed version will prevail.
Our Website may contain links to other websites. We do not accept responsibility or liability for materials supplied or contained in any third party website that is linked from our Marketplace, or any use of personal data by that third party.
We will endeavor to provide you with uninterrupted access to our Website and Marketplace. However, we reserve the right to suspend, restrict or terminate your access at any time.
We are not responsible for any damages that may be caused to users by improper use of the Website.
We do not guarantee the availability and continuity of the operation of the Website or of those other websites with which a link has been established. Likewise, we will not be responsible for any damages that may arise from:
We will not be responsible for any loss or damage that you may suffer due to: natural disaster; electricity cut; trade or labor dispute; breach or omission of any government or authority; obstruction or failure of telecommunications services; or any other delay or failure caused by a third party. In such case, we reserve the right to cancel or suspend our services without incurring any liability.
Exclusión de pérdidas especiales
No seremos responsables de cualquier:
In each case including such losses and damages suffered by you as a result of any action caused by a third party, even if such loss was reasonably foreseeable.
We provide our clients with support services (i) by email and (ii) by phone. However, you are responsible for understanding the contents and operation of these Conditions and of our Website. We reserve the right to change the format of our Website or our Services at any time and we reserve the right to record all telephone calls to Howlett Capital SA and to track all information related to our clients' accounts, for which purpose purpose you consent in accordance with the requirements of the applicable legislation.
You expressly accept never and under no circumstances:
Howlett Capital SA expresses the utmost respect and attaches a decisive importance to the protection of its clients' data. Howlett Capital SA will scrupulously respect the decisions of its clients and users regarding the use and dissemination of their data, said decisions being under its responsibility. Howlett Capital complies with the Law on Protection of Personal Data and with any other regulations in force on the matter, and maintains a Data Protection Policy on personal data, which mainly establishes the use that Howlett Capital SA makes of personal data, customers and users are informed in detail of the essential circumstances of such use and of the security measures that are applied to their personal data, to prevent unauthorized third parties from accessing them.
In compliance with the Personal Data Protection Law, Howlett Capital SA informs you that the personal data that you provide us or derive from your subsequent relationship with us, will be incorporated into a data processing whose responsible and owner is Howlett Capital SA. data provided to any other entity with which Howlett Capital SA has any type of relationship, will not be the responsibility of Howlett Capital SA. The referred sending of personal data constitutes the express consent to their treatment, albeit revocable and without effect. retroactive.
The purpose of the processing of personal data will be the maintenance of the contractual relationship with Howlett Capital SA, the management of queries, transactions, operations, request for a contract, contracting services, as well as the sending of technical, operational and commercial information about the services offered, in order to adapt and design commercial offers that are to your liking.
The only personal data to which Howlett Capital SA will have access will be those that the user voluntarily provides. In this sense, it is necessary for the user to know that to register and register for some products or services offered through the Website, personal data will be requested. In the cases and with respect to the data in which the user is expressly indicated, if they do not provide them, they will not be able to access or use the aforementioned services and contents.
Likewise, we inform you that your data is treated confidentially and used exclusively internally and for the indicated purposes. Therefore, we do not transfer or communicate your data to any third party, except in the cases provided by law, or that the user expressly authorizes us. The data provided will be treated solely and exclusively for the determined, explicit and legitimate purposes for which they were obtained and these will not be communicated to outside entities.
Use of data
We may use personal information related to you to provide our Services; to manage your Howlett Capital SA Account and keep you informed about credits; to identify, prevent, detect or address fraud, money laundering or other crimes; to carry out regulatory controls; to calculate, collect and make payments on loans, interest and other amounts described in these Conditions; to identify which products, ours or others, may interest you and inform you about them; and for statistical analysis and market research.
We may also disclose your personal information:
By submitting personal information to Howlett Capital SA, you agree that it may be used in the ways described above. We will not be responsible for any misuse or misuse of your personal data by others, but you agree to promptly inform us of any misuse of the Marketplace or Website that you become aware of.
Finally, we inform you that you have the possibility of exercising at any time, free of charge, the rights of access, rectification, cancellation and opposition of your data and revocation of your authorization without retroactive effects (in the terms specified in the Organic Law of Protection of Personal Data, in accordance with the legally established procedure), by writing to Howlett Capital SA
You confirm that you consent to Howlett Capital SA to collect and process your data in order to receive commercial communications (advertising), and you may revoke said consent at any time. In any case, Howlett Capital SA will comply with the provisions of the Law.
Howlett Capital SA and the Howlett Capital SA logo are registered trademarks of You agree not to make unauthorized use of the Howlett Capital SA trademarks and any unauthorized use that may result in prosecution.
www.howlettcapitalcr.com is our Company's uniform resource locator ("URL"). You will not use this URL (or any other URL in our possession) on any other website or digital platform without our prior written consent.
Howlett Capital SA owns all rights to any pricing information and related content on our Marketplace. Your registration and use of our Marketplace does not grant you any rights to the content and related intellectual property rights in our Marketplace. You agree not to follow, use or copy web pages or any content on the Marketplace, including without limitation any pricing information. Any unauthorized use or reproduction can be charged.
You will retain ownership of all copyrights in the data that you upload or submit to our Website. You grant us an exclusive, worldwide, royalty-free, perpetual license to use, copy, distribute, publish, and transmit such information in any form.
We do not guarantee or represent that the content of our Website does not infringe the rights of third parties. Any information licensed to Howlett Capital SA by third parties is provided for use on the Website only and may not be used for commercial use without the consent of the third parties.
The content of the Website (including, but not limited to, texts, images, audio and video components) is protected by the Intellectual Property Law. The modification, distribution, transmission, copying or any use of the content of the website for public or commercial purposes, without the authorization of Howlett Capital SA, is an offense typified and penalized by current legislation.
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