DEFINITION OF TERMS
The following terms, unless otherwise stated under these terms and conditions, shall have the following definition:
- “He/She”, “Him/Her”, “His/Her”, “They”, “Them”, and/or “applicant” means the person applying for or the person authorizing the application for the account, loan and/or application for deferred payment for the items through the PondoCash software platform;
- “Business day” means Monday to Friday unless a particular day is declared holiday, whether regular or special;
- “Due Date” means the date stated in the PondoCash application which provides when the monthly payments, repayments and other sums become due and payable by the applicant to PondoCash and, if applicable, includes payment of arrears in monthly repayments and/ or such other sums in arrears by the applicant;
- “Default” means failure of the borrower to pay or to comply with the terms of this or the Loan Agreement without need of demand;
- “Loan Agreement” means an electronic document executed by the applicant and the Lender under which the terms and condition for the loan of money are stated thereof, including the provision of this Terms and Conditions.
- “Lender” means PondoCash.
CUSTOMER ELIGIBILITY AND VERIFICATION
The Loan Facility offered by the Lender is available to all eligible customers who have complied with the documentary required by PondoCash
By applying, the applicant allows the lender or its authorized representatives to verify the information provided by him/her via call and field verification. The information provided by the applicant shall include name, age, gender, emergency contact information, residence information, place of business and/or employment.
Each applicant shall only be allowed to register a maximum of One (1) user ID or account in the Lender’s Software platform. Any additional User ID or account application will be subject to rejection or deletion by the lender without prior notice.
PERSONAL DATA TO BE COLLECTED
Upon agreeing to these Terms and Conditions, the applicant consents and allows the Lender to collect, store, process and dispose of the following information to be provided by the applicant:
a. Name;
b. Age;
c. Date of Birth;
d. Gender;
e. Residence Information;
f. Place of Business and/or employment;
g. Email Address;
h. Contact Number/s;
i. Emergency Contact Information;
j. Such other relevant information to be provided by the applicant.
The applicant agrees that the personal information that he/she will provide are made voluntarily. The applicant shall make sure that the information provided are accurate and up to date. The applicant shall notify PondoCash of any changes in any of the information provided herein, as soon as possible. Failure of the applicant to provide complete, accurate and true personal information may lead to the inability of PondoCash to provide him/her with the best products and services.
The applicant further agrees that by voluntarily registering through or by linking his/her social media accounts in PondoCash, PondoCash may access information provided therein and the applicant gives PondoCash the authority to collect, process, store and dispose the same in accordance with the law. Information collected from information in social media accounts will also be handled in the same way as it was collected under these Terms and Conditions.
USE AND DISCLOSURE OF PERSONAL INFORMATION
The personal information collected from the applicant will be used, or shared with authorized third persons, shall be used for the following purposes:
a. To enable ease of use and access of the PondoCash Software Platform;
b. To facilitate and process transactions, the applicant submits through the PondoCash Platform;
c. To enable PondoCash to properly determine the approval or disapproval of the application or loan of the applicant;
d. To compare information, and verify with third parties in order to ensure that the information provided are accurate;
e. To conduct studies and researches for the purpose of developing and improving PondoCash’s products and services. By improving the layout and contents of the PondoCash Platform;
f. To ease the contact between us, me and/or third party affiliates, using the voluntarily provided information;
g.To implement necessary safeguards against improper use of PondoCash’s products and services and to prevent fraud;
h. For customer support purposes;
j. To perform other such activities permitted by law, which includes disclosure to the right government enforcement or investigating agencies and authorities, to the extent permissible by law.
The applicant also authorizes PondoCash to disclose Personal Information with Third Parties and its affiliates strictly for marketing and promoting PondoCash’s products and/or services, managing applicant’s account, and completing transactions. PondoCash, together with authorized Third Parties and its affiliates shall keep the applicant’s Personal Information secured from any unauthorized access, collection, use, disclosure, or any risk.
All disclosures and sharing of personal information to third parties and affiliates, even outside the Philippines, are shared in accordance with the safeguards and standards of the Data Privacy Act of 2012, and its implementing rules and regulations.
LENGTH OF STORAGE OF PERSONAL DATA
The personal information collected from the applicant shall be stored for as long as any of the purposes for which it was collected still exists and until the storage of said information is no longer needed for any other legal, regulatory or business purposes.
SECURITY
PondoCash uses technology which is accordance with the industry standards to secure and protect all the collected information and to prevent any breach or unauthorized access in PondoCash’s system and the accounts of the users.
DUTIES AND RESPONSIBILITY OF THE applicant
By choosing to use the services of PondoCash, the applicant agrees to register and create an Account by selecting a password and providing his/her name and other information required by the Software Platform. He/she shall be responsible for all activities that occur under his/her Account. He/she agrees to notify PondoCash immediately of any unauthorized use of his/her Account or any breach of security with respect to his/her Account. The applicant will be held responsible for any activities in the said account even if such activities are a not done by him/her. PondoCash will not be liable for any loss or damage done through unauthorized use, known or otherwise, of the account which could have been done by sharing the password, or failing to secure the confidentiality of the password, among others.
Furthermore, the applicant may be held liable for any losses incurred by PondoCash or third parties due to the unauthorized use of the Account. The applicant therefore agrees to provide a unique password that consists of a combination of letters, numbers and special symbols. He/she will always make sure to keep the confidentiality of the password and that no other person could gain access to the Account. PondoCash shall assume no responsibility for the applicant’s failure to comply with the obligations in this paragraph.
PROHIBITED ACTS
The applicant hereby agrees not to perform the following prohibited acts:
a. Intercept or monitor, damage or modify any communication which is not intended for me;
b. Use any type of virus, worm, trojan-horse or any other code, data, software, or program that can be used to distort, delete, damage, imitate or disassemble the Service;
c. send unsolicited communications (such as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by law or use the Service for the purposes of phishing or pharming or impersonating another person or entity or misrepresenting association with another person or entity;
d. Expose any third party to material which is offensive, harmful, indecent, damaging or otherwise objectionable in any way;
e. Use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any party;
f. Use any material or content that is or may be subject to any proprietary rights or infringement of copyright laws, unless I have obtained permission from the owner of such rights;
g. Collect or harvest any personal information, including account names, from the Service; or
h. Affect or attempt to affect the availability or efficiency of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
FACILITY and PAYMENT
Monthly payment will be paid based on the schedule provided in the Payment Schedule as displayed in the PondoCash platform and in accordance with the Contract of Loan to be executed by the applicant and PondoCash.
POSSESSION AND TRANSFER OF RISK
The risk of loss passes to the applicant once the applicant or his/her duly authorized representative receives the amount being loaned or that the same has been transferred to the bank account of the applicant
DEFAULT
PondoCash reserves the right to terminate the Terms and Conditions and the Loan Agreements to be entered into, and thus making the entire unpaid principals, accumulated charges, and interests due and demandable in full upon the occurrence of any of the following defaults or events:
a. applicant defaults in the payment of the principal sum and/ or interest and/ or any other sums payable hereunder (with or without prior demand);
b. applicant defaults in any other term or condition provided herein;
c. applicant cannot pay or must suspend payment thereof by reason of his/her bankruptcy or the applicant has been subject to bankruptcy or insolvency proceedings;
d. In the event of the death of the applicant or if he/she becomes of unsound mind; or
e. Other execution proceedings against the property of the applicant whereupon the entire indebtedness shall become due and payable immediately by the applicant to PondoCash.
DEFERRED PAYMENT AGREEMENT
For deferred payment options, The applicant hereby applies for a deferred payment facility with PondoCash.
a. The applicant hereby certifies that all of the information and documents he/she provides, in connection with his/her application, are true and correct. Any falsity and inaccuracy in any information or document provided shall automatically cause you to reject or cancel such application.
b. The applicant hereby authorizes PondoCash to collect his/her personal data and other documents, including but not limited to photos, fingerprints and/or biometric data as well as all other information he/she has consented to provide via downloading the PondoCash App. Such personal data may be obtained from him/her personally or through a third party.
c. The applicant further authorizes PondoCash to obtain such relevant information concerning the application as it may require from other institutions or persons and from any other source as PondoCash may deem appropriate to verify personal data and documents provided. The applicant hereby waives the confidentiality of any personal information obtained in the course of the verification. Without limiting the generality of the foregoing, the applicant has also authorized the PondoCash to:
- Verify the income, residence, business/employment and any such other pertinent, sensitive, confidential and/or personal information provided by the applicant from disclosed employer/s, through or from any third party or any sources, online or otherwise, necessary for the PondoCash to arrive at a decision on the application; and
- Conduct random verification with any institutions, such as but not limited to the credit bureau or other external parties, as well as any government agencies (i.e. SSS, GSIS, BIR, DOLE) which may supply relevant information for this application.
d. The applicant further agrees that all information and documents provided by him/her, or by his/her authorized representatives, or otherwise obtained by PondoCash in accordance with the foregoing shall become a property of PondoCash. Any such information and documents, as well as any personal or sensitive personal information that he/she provides PondoCash or which it may obtain in the course of the verifications permitted here. PondoCash may use such information for any lawful purpose at its discretion, including but not limited to providing it to its agents. PondoCash may retain the said personal information to assist it in completing the verifications it may conduct pursuant to this application. Without limiting the generality of the foregoing, the applicant authorizes the PondoCash to:
- Include the applicant’s name and other relevant information about him/her, the application and the loan in any report or disclosure to any credit bureau or institution.
- Disclose information to third parties. Including but not limited to affiliates, subsidiaries, agents, service providers any prospective assignee/s or transferee/s, and rating agencies
e. The applicant confirms and acknowledges that he/she shall hold PondoCash free and harmless from any liability that may arise from obtaining, transferring, disclosing or storing information and documents relating his/her application.
f. In case of disapproval of the application, the applicant agrees that PondoCash is under no obligation to disclose the particular reason/s for such disapproval.
g. The applicant authorizes PondoCash to communicate with him/her through phone call, SMS/text, In-App messaging, Social network messaging or chat, mail or any other means of the following:
- Updates about the application and the loan
- Information about other products of PondoCash; and
- For any other lawful purpose.
h. The applicant hereby consents to the recording of telephone conversations or any conversations, communications, online chat, SMS, which may be recorded between him/her and any employee, assignee, representative or agent of PondoCash.
The above authorizations confirmations, acknowledgements, waivers and undertakings (the “Consents; each a “Consent’) are irrevocable and may not be terminated or rescinded by the applicant.
If any of the Consents is held to be or be considered illegal, invalid or unenforceable in any respect by law, that shall not affect or impair the legality, validity, or enforceability, of the other Consents agreed to herein. To the extent that a Consent would be considered legal, valid and enforceable, it shall be deemed to be limited or qualified in accordance with such law without need for any further action on the applicant’s part or on the part of PondoCash.
DISCLAIMER AND LIMITED LIABILITY
PondoCash does not warrant that the Platform and its services will always be available without any interruptions, or be free from errors, bugs or defects nor does it warrant that the Platform, the links and contents therefrom are free from any virus, malwares, counters, or any malicious programs or codes.
PondoCash however warrants that the information gathered, collected, processed and disposed shall be in accordance with Republic Act No. 10073 or the Data Privacy Act.
PondoCash and its affiliates, to the degree allowed by law, shall not be liable for any consequential, indirect, incidental, special or punitive damages, or damages for loss of profits or use, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the Platform and its services.
INTELLECTUAL PROPERTY
All logos, trademarks, brand names, and other intellectual property owned by PondoCash, including the Software Platform and other services are owned by PondoCash. PondoCash reserves the right to enforce its rights to the fullest extent.
AMENDMENT
PondoCash reserves the right to delete, modify, change or amend the Terms and Conditions anytime and to keep it in accordance with the governing laws. Any changes in these terms and conditions shall be posted in the PondoCash Software Platform. Consent thereafter, and the continued use of the Software Platform after such changes shall be deemed to be acceptance of the said modification or amendment.
NON-WAIVER
The failure of PondoCash to enforce its rights under the Terms and Conditions shall not be deemed a relinquishment or waiver of such. Neither does any executed waiver constitute a waiver of any subsequent breach of the same or any other provision of these Terms and Conditions.
SEVERABILITY
If any provision contained in these Terms and Conditions should be declared invalid, illegal or unenforceable by any competent court, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
GOVERNING LAW
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of the Philippines.
I have read, understood and agree to the above TERMS AND CONDITIONS and that my personal username and password which I will input to continue any application and/or transaction will serve as my electronic signature signifying my acceptance of these terms, conditions and agreement.