By accepting and clicking on the "Agree" button below, you hereby acknowledge and agree that the collection, storage, processing (including the development of a credit score and user profiling) and disclosure of the above information is necessary and required for the use of the Site and its services. If you do not agree or have reservations with respect to any provision of authorization, as to its scope, coverage or purpose, please exit this Platform.
2. General use of Services and/or access of Platform
You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. The Company reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
You agree and undertake NOT to:
The Company may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
The Company reserves the right, but shall not be obliged to:
You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.
You agree that the following personal information (hereinafter referred to as “Personal Information”):
By accepting the terms and conditions set forth in the Platform, the same constitutes your express consent in accordance with Republic Act No. 10173, otherwise referred to as the Data Privacy Act or 2012 and its Implementing Rules and Regulations (promulgated 24 August 2016) as well as other applicable confidentiality and data privacy laws of the Philippines.
4. User Content
By submitting content to the Platform, you expressly agree to the following:
5. Responsibility for Account
You are solely responsible for maintaining the confidentiality of your username, password, account and any other login or authentication and validation information you created or provided to the Platform (“Credentials”). By creating and maintaining your account, you agree to honor all activities performed and obligations contracted using your account.
You agree and confirm that any use of your account, login or authentication information shall at all times be presumed to be access by you and if by a third party with your consent and authority. Any and all activities or transactions using your Credentials shall be valid and binding transactions created, committed and performed by you.
If there is an unauthorized use of your account or a breach of its security, you hereby undertake to notify the Company of the relevant circumstances immediately.
6. Liability for Account Misuse
The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company due to a third party using your account or password.
7. Account Security
While the Company has performed adequate safeguards as required under the Data Privacy Act of 2012, the Company does not guarantee that unauthorized third parties will never be able to defeat the Platform’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your Personal Information at your own risk.
8. Intellectual property
The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by the Company, our licensors or our FSP’s. The Company reserves the right to enforce its Intellectual Property to the fullest extent of the law.
No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.
9. No Warranty; Errors; limitation of responsibility
The products and services on the Platform are provided and offered by the Financial Service Providers (“FSP”) which have partnered with the Company for the use and access of the Platform. The Company offers no representation or warranty over the products offered by these FSP, save on those representations and/or warranties that these FSP may provide themselves over their respective products which are available in the Platform, in which the Company is not a part of To the fullest extent permissible under applicable law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
The Company does not warrant the accuracy, timeliness, commercial value, adequacy or completeness of the information provided on Platform by the FSP, and expressly disclaims liability for any errors or omissions in such information. The Company does not guarantee and promise any specific results from use of the Platform and its products and services. The Company does not warrant that the Platform, the Services will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected; and that the Platform is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. Further, it does not warrant that the security of any information transmitted by you or to you through the Platform, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
The Company shall not be responsible for what users post on the Platform or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content uploaded by other users on the Platform. The Company is not responsible for the conduct, whether online or offline, of any user of the Platform or its products or services.
The Company shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
The Company is not responsible for the accuracy of the information, content, products or services offered by, or the information practices employed by sites linked to or from the Platform by the FSPs. Since FSPs or third party websites may have different privacy policies and/or security standards governing their sites, the Company advises you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.
Termination of your access to and use of the Platform shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
12. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Company be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Platform, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Platform, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
13. Liability for Breach
To the fullest extent permitted by applicable law, in no event shall the Company be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Platform, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Platform, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance
14. Changes to Terms of Service
All notices or other communications given to you if:
You may only give notice to the Company in writing sent to our designated address or e-mail address, and it shall be deemed to have received such notice only upon receipt. While it endeavors to respond promptly to notices from you, it cannot guarantee that we will always respond with consistent speed.
All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.