Last Updated 2 March 2022
Welcome to the SparkIL website.
SparkIL operates a social system for credit brokering (as defined in the 2016 Supervision ofFinancial Services (Regulated Financial Services) Law), by means of the [www.SparkIL.org]website, and any user interface/system based on it.
- 1.4The use of such words as "to us", "we", "our" etc. refers to us, SparkIL, and anyone acting on our behalf; and the use of such words as "to you", "you", "your"etc. refers to you, the user.
2. Description of the Service and the Platform
- 2.1The website serves as a platform that provides an online interface between potential borrowers and potential lenders, for the purpose of executing interest free loans.
- 2.3The loans provided via the platform are interest free, in sums of up to NIS90,000. These loans are financed by means of lenders from the public who are interested in supporting the activity of the borrowers, who are able to participate in financing and making credit available to them, in various amounts, whereby a lender does not offer credit to a specific borrower totaling in excess of NIS90,000. The lenders will only be eligible for repayment of the loan principal(without interest).
- 2.4The aim of the platform is to offer these entities – some of whom may be classified by traditional financial entities as high-risk borrowers – access to financing (without interest).
- 2.5The loans may, inter alia, be used to expand existing businesses, establish a new business, or fund operating capital, in accordance with defined criteria which we determine in our internal credit policy.
- 2.6The aim of the platform is to offer these entities – some of whom may be classified by traditional financial entities as high-risk borrowers – access to financing (without interest).
- 2.7SparkIL may, from time to time, collaborate with various service providers, including parties associated with us, so they may act as lenders, through the platform, for the purpose of providing bridge financing or complementary financing, as applicable, at our discretion. For details see the clause on BridgeFinancing and Complementary Financing, below.
3. Precondition for Use of the Platform
- 3.2 You must notify SparkIL, immediately, with regard to any change which occurs inrelation to your legal competence which affects your above declaration.
4.The Loan Receiving Process for Borrowers
- 4.1A potential borrower is required to contact SparkIL via an online application form on the website, which may also include a short questionnaire to be completed by the borrower and information to be provided on the borrower, the borrower’s business, contemplated use of the loan amount and contact information.
- 4.2After SparkIL processes the data, ourselves or by means of a third party, the potential borrower will receive a response by email, approving or denying such potential borrower’s application, in accordance with our credit policy and according to our sole discretion. However, we may use third parties (including related parties) to conduct such underwriting and approval process.
- 4.3If you are not found to be suitable for a loan via the platform, according to our exclusive considerations, your application process will be terminated upon our notice.
- 4.4Upon approving an application, we will also determine the terms of the loan, which may include, for example, the amount of the loan approved, the duration of the repayment term, the frequency of the repayment installations and the securities that are to be requested for the purpose of providing the loan.
- 4.5Approved applicants will be asked to fill out their own detailed description, to be published in a dedicated personal page created for their loan application. This page and such description, as well as the terms of your specific loan, will be available to all users of the website, serving as the applicant’s marketing material and solicitation to the public to receive the requested loan. Your fundraising page may not include any false or misleading information, may not include violent messages (or messages inciting violence) or objectionable content (such as hate speech, adult content etc.).
SparkIL will assist in all matters relating to the translation of the fundraising page into the languages of the potential lenders, and particularly into English.
- 4.7We may require receiving an original executed loan agreement, as well as proof of any required securities, as a precondition to transferring you any and all loan amounts.
- 4.8Operating Fee – the loans provided through the platform are interest-free.However, you may be required to pay a fee to partially cover the platform's operating costs, in an amount noted in the loan agreement, if at all (which will be, if applied, a percentage – which is uniform for all borrowers - of the loan to be received). The fee amount, if applied, will be added to the loan principal which you are required to repay, as the borrower, and this fee will be paid in installments together with the loan principal in accordance with the repayment table. It is noted that the fee amount, if applicable, will be added to the initial credit sum, which is approved for you for the purpose of the requested business activity, so that, together, they comprise the full loan amount approved to be raised via the platform. Please note that in such case, the loan amount together with such fee, may exceed our limit of NIS 90,000. For example (for explanatory purposes only) should you apply for a loan of NIS 50,000 via the platform, and to the extent the fee will amount to 6.5% of the loan amount, if we approve the full amount we will allow you to raise an inclusive sum of NIS 53,250 via the platform, which is the amount of the principal that will appear in the loan agreement broken down to the initial approval sum and the fee amount. Upon repayment, on each installment the applicable percentage applicable to the fee will be retained by SparkIL and transferred to our corporate account, and the remainder will be repaid to all lenders from the trust account.
- 4.9Once your fundraising page is approved by SparkIL, it will be uploaded to the platform and publicly available for a period of 45 days, or until the full loan amount is raised (other than by means of the Bridge Financing andComplementary Financing), whichever is earlier. Throughout the fundraising period your fundraising page will show your loan fundraising status - in other words, the amount of funds that potential lenders have undertaken to transfer for the purpose of your loan.
- 4.10 You cannot raise a loan of an amount that exceeds the amount that has been approved for you (including our fees, to the extent applicable). Therefore, the last commitment to be received from a potential lender will be limited to the difference between the amount that has been raised and the amount of the loan which was approved for you. After this payment is received, your fundraising page, at SparkIL’s sole discretion, may either be taken down or will continue to be displayed as a loan which has been completed, and it will not be possible to add commitments from potential lenders.
- 4.11Shortly after the full amount for your loan is received in the SparkIL trust account(either through lenders or by means of the Bridge Financing and ComplementaryFinancing), SparkIL will transfer the funds to the bank account, the details of which you provide to us as part of your application.
- 4.12Please note that throughout you engagement with SparkIL, including during the application process, and even after your receipt of the loan amount (until its full and complete repayment), SparkIL may ask you for additional information and documents reasonably required by SparkIL or by our processing partners. You undertake to cooperate with us and timely submit any such information and documents we request. Please note that we may discontinue your loan application process, your fundraising event, or even call for an immediate repayment of a loan due to reasons related to information you provided, or if you do not timely cooperate in providing any requested information.
- 4.13You are aware that SparkIL may classify your business or activity in accordance with predefined categories, to assist potential lenders in narrowing down the list of borrowers, and you waive any claim against SparkIL, or anyone acting on our behalf, with regard to an inaccurate or unsuitable classification. You may contactSparkIL and suggest an amendment to your classification (at this address[email@example.com]), however the final decision in this matter rests exclusively with SparkIL, at our discretion.
5.The Loan Making Process for Lenders
- 5.1A user who is a potential lender may view the fundraising pages of potential borrowers, even without setting up a user account. The platform may also enable the potential lender to carry out a search or to narrow the results based on predefined categories.
- 5.2Once a potential lender is interested in participating in loan financing (either for a particular borrower or a general loan), you will be required to set up a user account, and you may be asked to provide various identification details and setup login information and user password.
- 5.3For the purpose of providing a loan you may be required to be logged in to your account and have a valid payment method associated with it. Payments will be made through and processed by a third party payment services provider. Any funds provided by you will be transferred to the trust account, until disbursement to eligible borrowers.
- 5.4You may transfer funds so that they are available as general credit, through the platform, regardless of a specific borrower or type of borrower, to be disbursed by SparkIL at our sole discretion.
- 5.5Lender who provided a loan by means of a credit card or debit card, may have cancellation rights with their payment services provider pursuant to the Consumer Protection Regulations (Cancellation of a Transaction) 5770-2010 and the Consumer Protection Law 5741-1981.
- 5.6You may not provide a loan to a single borrower in excess of NIS 100,000. You may not provide a loan to a borrower in excess of the loan amount approved to such borrower (taking into consideration all loans already raised for such borrower, on a first-come-first-served basis). You may not provide loans in an aggregate sum in excess of $50,000. You may not provide a loan in an amount smaller than US$25
- 5.7It should be noted that SparkIL reserves the right, at any time, to disqualify a previously approved borrower or not to approve providing loan amounts to any of the borrowers, in which case we will notify applicable lenders by email.
- 5.8If SparkIL approves providing the loan to a borrower, as planned, we will transfer the loan funds to such borrower shortly after the full loan amount was raised(either from lenders or by means of the Bridge Financing and ComplementaryFinancing).
- 5.9You hereby confirm and agree, that upon transferring your funds to a specific borrower, with respect to any loan, you will become a direct party to the loan with that borrower (all the while SparkIL will not be a party to such loan agreement).
- 5.10Please note that at any time SparkIL may ask you for additional information and documents reasonably required by SparkIL or by our processing partners. You undertake to cooperate with us and timely submit any such information and documents we request. Please note that making your funds available for loans may be affected by the information you provided, or contingent on your timely cooperation in providing any requested information.
- 5.11You are aware that SparkIL may classify a business or activity of borrowers in accordance with predefined categories. You hereby waive any claim againstSparkIL, or anyone acting on our behalf, with regard to inaccurate or unsuitable classification relating to any borrower.
6.Trusteeship for the Lenders Through the Platform
- 6.1As aforesaid, in the interest of a clear structural separation between monies received from lenders and borrowers, and SparkIL’s assets, we maintain a trust account with a banking corporation on behalf of the lenders and borrowers.
- 6.2In respect of each lender who is a beneficiary of the trust account, the trusteeship will commence when monies are deposited in the trust account from that lender, and the trusteeship towards such lender will terminate when there are no funds left in the trust account that were received from such lender for the purposes of providing loans through the platform, or monies received as repayments of loans made by such lender.
- 6.3Funds from the trust account will be transferred to the following parties only:
(a) Lenders who transferred funds to the trust account for the purpose of providing loans through the platform.
(b) Eligible borrowers approved by SparkIL.
(c) The bank where the trust account is held for the purpose of covering payments it receives in lieu of the trust account.
(d) A third party in accordance with provisions of a judicial order issued to SparkIL.
(e) The tax authority.
(f) SparkIL for the operating fees payable to us and for covering our legal costs with respect to defaulted loans.
(a) For carrying out any payment to the authorities and the bank relating to the trusteeship.
(c) For carrying out any payment owing to SparkIL for operating fees.
- 6.6Within the framework of the trusteeship relationship between SparkIL and the beneficiary lenders, SparkIL undertakes to act with the lenders as follows:
(a) To act in complete trust with the beneficiaries of the trust account in all matters relating to the trust services we provide with regard to administration of this account.
(b) To notify the beneficiaries about an irregular event with regard to the trusteeship, including a conflict of interest relating to our role as trustee inthe trust account, or the existence of a concern over the cessation of ourbusiness operations.
(c) To desist from any action, deed or failure that are liable to lead to aninfringement of SparkIL’s commitments, or which may endanger or limit therights of the beneficiaries of the funds in the trust account, or in relation to it.
(d) To notify the beneficiaries, after SparkIL learns about the submission ofsubstantial legal action against us or the start of criminal proceedings,including investigative proceedings against us or against any of our officials.
(e) To adjust the list of beneficiaries at the bank, including deletion or additionthereof, based on our records, and to sign any document as required by thebank for this purpose.
- In order to help lenders reduce the level of risk of a repayment failure for one of the loans given to borrowers through the platform, SparkIL intends (but is not obligated)to operate a safety net for the trust account based on mutual guarantee, for the purpose of covering loan repayments not paid in a timely fashion, and for funding legal costs.
8.Bridge Financing or Complementary Financing
- 8.1SparkIL may, from time to time, enter into agreements with various credit services providers, including related or affiliated entities, so that they may join in as lenders through the platform for the purpose of providing bridge financing or complementary financing, essentially guaranteeing that every approved borrower will receive the applicable approved loan amount.
- 8.2SparkIL, at our sole discretion, may actually transfer the full approved loan amount to a borrower using such above mentioned Bridge Financing orComplementary Financing, ever prior to the lapse of the 45-day period, in which case all further loan amounts received after such date and until the lapse of said period will be become part of the loan and reduce the amount of the BridgeFinancing or Complementary Financing.
9.Loan Repayments and Currency Exchange Discrepancies
- 9.1Every borrower undertakes to pay off their loan in accordance with the terms and stipulations in their loan agreement, based on the repayment schedule detailed therein, and all the repayment installments must be paid into the SparkIL’s trust account.
- 9.2Any loan amount received from a borrower will be applied to the applicable lenders’ account, on a pro rata basis (in accordance with the amounts loaned by each such applicable lender to the relevant borrower, and with respect to amounts actually received from such borrower).
- 9.3When the monies are deposited in the trust account, the default situation is that they will remain in the trust account until the lender advises whether such lender wishes to receive the amount to the lender’s account as repayment of the loan(provided such amount exceeds US$25), or to reuse these funds, or any part thereof, for the purpose of providing an additional (other) loan. If a lender becomes inactive for a period exceeding 24 (twenty-four) consecutive months –i.e., a lender does not log in to the account or otherwise contact SparkIL, any amount accrued in the trust account on behalf of such lender will be automatically donated to SparkIL's general operating expenses to further our philanthropic mission and may be used as a safety net for mutual guarantee.
- 9.4The loan amount will be available to the borrowers in New Israeli Shekels.Accordingly the amount of the loan will be stipulated in NIS, and the repayment by the borrower will be carried out in NIS. If a lender provided the loan in US$,upon repayment by borrower, the NIS amount will be converted to US$ according to the applicable exchange rate prevailing at that time. However, due to US tax regulations, US lenders will not be allowed to receive a repayment in US$exceeding their original loan amount, even if NIS-US$ exchange rate fluctuated.However, if due to such exchange rate fluctuations the NIS loan amount translates to an amount in US$ lower than the original loan amount – only such lower amount will be repaid. The lenders hereby agree and approve that they solely bear the full risk of any US$-NIS exchange rate fluctuation, and consent and agree that they will bear no gains from such fluctuations.
- 9.5If the amount repaid by SparkIL is reduced due to the above mentioned US regulations, any excess amount will be automatically donated to SparkIL's general operating expenses to further our philanthropic mission and may be used as a safety net for mutual guarantee.
- 9.6Each lender hereby authorizes the company, in advance, to initiate on behalf of the lender, payment collection legal proceedings in the event of default by applicable borrower and use the lender’s name in such legal proceedings.
- 9.7Furthermore, each lender hereby authorizes SparkIL, in advance, to act in name and on behalf of the lender, to reach a settlement with any defaulting borrower, including without limitation rearranging the loan payment and reducing the loan amount.
- 10.1Every user (lender or borrower) is legally obliged and responsible to examine all tax aspects relating to the loan transaction, including payment of taxes, in accordance with the provisions of the law
- 10.2Every user (lender or borrower) will be responsible to pay taxes and any other obligatory payments payable by them in accordance with applicable law, in relation to their activity on the platform, and offering/receiving a loan.
- 10.3VAT, if applicable, will be payable based on the prevailing rate.
- 10.4The platform may deduct the tax and other compulsory payments required by law, to the extent applicable, from any payment payable to a user.
- 10.5While the loans made through the SparkIL platform will not bear interest, prospective lenders should be aware that under certain circumstances, the IRS may deem the lender to have received taxable interest income. Prospective lenders are urged to consult their own tax advisors as to whether these or other applicable rules may apply to them.
11.Early Payment and Termination of a Loan
- The borrower may pay off the loan, or any part thereof, earlier than required by there payment schedule, at any time during the loan term, provided that by the end of the loan term according to the repayment schedule, the loan (and any applicable fee) is fully repaid.
12.Assigning Rights and Obligations
13.Notices, Reports and Events:
- If a borrower is aware of one or more of the following incidents, such borrower must immediately notify SparkIL in writing of the incident:
- 13.1The borrower has breached or is expected to breach any undertaking in accordance with these Term of Use or the loan agreement.
- 13.2One of the securities provided by the borrower has been rescinded or has become invalid for any reason, or they may not be realized, or if a lien or constraint of any kind has been placed on them which is not in the interest of the lenders, or if a borrower’s bank has been limited, or there is an expectation that any of these events could occur.
- 13.3Any insolvency proceedings have been initiated against the borrower (liquidation, receivership, bankruptcy, trustee, special administrator etc.), including submitting a request for such, or the borrower has voluntarily begun such proceedings, or a seizure has been placed on him or such a request has been submitted against him, or there is an expectation of such.
- 13.4One of the aforementioned events has occurred to one of the borrower's guarantors, if the borrower does not replace the guarantor with another whose identity has been approved in writing by SparkIL.
14.Commitment to Use the Loan Funds for Business Purposes
- 14.1The borrower undertakes to use the loan funds, in good faith, only for a purpose stipulated in the loan application.
- 14.2Without derogating from the aforesaid, the borrower undertakes and declares that, during the loan term, the borrower will not lend monies to shareholders, partners, board members, officers, employees, or to any other third party.
15.Additional Commitments: The Right to Rely on the Platform
- You hereby undertake and declare:
- 15.1Not to act, encourage, prompt, advise and/or assist another party to make any unlawful, offensive or damaging use of the platform so that in your use of the platform and in connection to it (including when documents or images are uploaded) you will adhere to all provisions of applicable law, and will not carry out an illegal activity, including (for demonstration purposes only, and not as an exhaustive list): you will not impersonate someone else, or upload images of other persons without their consent, or breach privacy laws in another form(including infringement of Spam laws when inviting others to make use of the website), or upload content (including images) which defame a person or cast aspersions on them or revile them, that are of a violent, sexual, vulgar, offensive, racial, discriminatory, pornographic unlawful manner, or upload to the platform or promulgate through it content which may harm the platform or its users, or track them (including viruses, Trojan horses, worms, surveillance software, other malware etc.).
- 15.2Not to alter, translate, reverse engineer or make any attempt to obtain the source code of any part of the platform or any software connected to it, and not to create by-products thereof.
- 15.3To complete all the forms and to submit any information you are required to provide by SparkIL or anyone on our behalf, in a full and accurate manner, not to omit details, and not to provide misleading information or information that includes any misrepresentation.
- 15.4SparkIL is not required to check the correctness or completeness of the information and documents provided by any user. We may treat any document presented to us or sent to us, as an original document, and may relate to any signature presented to us as an original signature of the entity noted next to it.
- 15.5You undertake not to allow another party to use the platform through your user details or password, to safeguard them, and not to reveal them or allow their exposure to others. The responsibility for any activity and/or use of your account rests with you alone. If you become aware or suspect that unauthorized use has been made of your account, or your user details have been disclosed, you must notify SparkIL of this without delay.
- 16.1All intellectual property rights (registered or not registered), of any type, including but not limited to copyright, trademarks, trade names, trade secrets),on the platform, including, but not limited to, applications, computer code, algorithms, technology, design, graphics, inventions, logo knowledge, and any other intellectual content related to the platform, are the exclusive property ofSparkIL or (as applicable) of the applicable license providers. You undertake not to breach these rights in any way.
- 16.2Any comment and suggestion of a change, improvement, correction, upgrade of the website and the services offered on the platform conveyed by the user, will be viewed as information that has been provided voluntarily to SparkIL, andSparkIL may make use of it as we wish and deems fit, including for the purpose of altering/upgrading the platform, without giving the user any compensation, including royalties.
- 16.3When you upload photographs to the website or distribute them through us, you provide SparkIL with a non-exclusive irrevocable right from that moment on, to use the photographs for the purpose for which they were submitted, and to distribute them to the platform users in accordance with the nature of its operation and objective, and the service offered on it.
- 16.4It is noted that use must not be made of the platform content for the purpose of displaying it on the Internet and/or any other service, or otherwise promulgate information and content contained on the platform in public, commercially or within a commercial framework or for another purpose, without obtaining the SparkIL's consent.
- 16.5The user undertakes not to retrieve from, or accumulate, the platform content (all or a part of it) by means of software or any computerized means.
17.Changes in the Platform
- The platform is subject to changes which SparkIL is authorized to decide on from time to time, including deletion or any kind of change of information or service or content displayed or provided on the platform, and without providing prior notification.
18.External Content Uploaded to the Platform
- 18.1Part of the content and the materials available on the platform, including images, may be supplied by, and on behalf of, the users or by third parties. Any material and information, of any sort, which is displayed on the platform or is available through it, and which originates from parties that are not SparkIL, is not the responsibility of SparkIL in any way. SparkIL does not promote, recommend or publish such material or information and does not arrange, edit, check or screen it. SparkIL only facilitates its display. This also applies to commercial data, announcements and commercials of third parties, to the extent displayed or referred to on the platform. SparkIL does not guarantee the reliability or accuracy of such commercials and does not recommend or encourage the purchase or use of the topics of the commercials and will not be responsible for any liability issuing from reliance on them.
- 18.2The website may contain links to other third parties’ websites or applications.Such linked sites are not under SparkIL's control and SparkIL is not responsible for their content, availability, reliability, updated relevance, or in any other way, and we will not bear any liability, directly or indirectly, for any damage or loss incurred in relation to them.
- 18.3The user confirms and agrees that any query, comment, suggestion, idea, feedback or other information relating to the platform, if supplied by the user, should be submitted by the user to SparkIL, and SparkIL will not be obliged to maintain confidentiality with regard to it. These will become SparkIL’s property, without the need to obtain approval or to pay any compensation to the user.
19.Limitation of Responsibility
- 19.1The users are aware that the role of the platform is only to act as an interface between potential lenders and potential borrowers. SparkIL, or any party acting on our behalf, is not responsible for any harm or loss caused to any of the users with regard to the use of the platform, or to the loan. The user hereby waives, in advance, any recourse or claim or demand against SparkIL, or any party acting on our behalf. In addition, it is noted that the platform is not, and will not serve as, a lender or a borrower, and therefore does not bear responsibility as such.
- 19.2All computerized systems, including the Internet, may suffer from faults, communication problems, disruptions and such like. Computerized systems may also require periodic maintenance which may lead to breaks or shutdown, partial or full. As such, SparkIL does not guarantee that the platform will be accessible and available without disruption or breaks, or will be free of defects and faults, or that it will be resistant to hacking, to cyber attacks or malware of any kind and, as such, we recommend that you take requisite precautionary measures, and not rely on the platform to store or save data or content, including images.
- 19.3To the fullest extent permitted by law, in no circumstance will SparkIL and the parties connected to us bear responsibility towards you or towards anyone else, regardless the legal grounds, due to indirect, consequential, punitive, special or similar damages, even if we knew or should have known of the possibility of such damages occurring and, in any case, SparkIL's responsibility towards you with regard to any grounds, will not exceed the amount of fees we received from you or with respect to loans you provided in the preceding 12-month period.
20.Indemnification and Setoff
- In a case of force majeure event, such as: war or mobilization for reserve duty or a military campaign, acts of terror, natural disasters, health issues, or other circumstances which do not allow the regular operation of the platform, or in any other case which is beyond our control due to which it is not possible to do so, we will have the right to announce the deferral of times, cessation of activity or cancellation of the platform and to issue an announcement to act in accordance with the circumstances, bearing without any responsibility in this regard.
22.The Applicable Law: Judicial Location
- Any dispute between a user or users and SparkIL or anyone on our behalf, with regard to any matter relating to the execution or interpretation or infringement of these Terms ofUse, will be submitted to courts of law in Tel Aviv, Israel, with the exclusive authority to address such matters as said, and the applicable law relating to such matters will beIsraeli law, without considering rules of conflict of law.
23.Termination of Membership, Cancellation of Membership in the Platform
- 23.1Should you no longer be interested in being a member of the platform, and subject to having any funds in the trust account or no open loans, you should update us, and we will cancel your membership.
- 23.3If you believe that any such action was taken unjustly please contact us at:firstname.lastname@example.org.
- 25.2You hereby confirm that you are aware that when you register for the platform you give your explicit and clear consent to receive advertising materials, as defined in the 1982 Communications (Bezeq and Broadcasts) Law (hereinafter:"the Communications Law), from us and/or others, via email, text message or other means, and you hereby declare that you wish to receive the advertising materials as said. If you wish to stop receiving advertising material from the website, you may do so by sending an email to: email@example.com.
- 25.3Conversely, if you wish to contact us regarding any matter relating to the platform, including if you feel that an item displayed on the website breaches your copyright or harms your privacy or is offensive or constitutes libel, you are welcome to contact us at firstname.lastname@example.org with as detailed a description as possible (with supportive proof if such exists), together with your name and contact details.