CashXpress South East Asia Lending Inc. (the “Company”) is an information technology-based loan services provider accessible at: https://cashxpress.ph (the “Website” or the “Platform”) providing, managing and operating the Website for itsusers.
By using the Website, you hereby acknowledge that you have read and understood,and unconditionally accepted and agreed to be bound by all of the terms and conditions(the “Terms & Conditions”) below, whether or not you are a registered member of theWebsite.
These Terms & Conditions also include the following additional terms which shall applyto:
(b) Lender’s terms and conditions. Users of the Platform intending to act as lenders willbe subject to accepting services agreement relating to money lending services on thePlatform and lender’s terms and conditions. For avoidance of doubt, all such texts anddocuments will be easily accessible on the Website for such users;
(c) Borrower’s documentation. Users of the Platform intending to act as borrowers willbe subject to accepting loan agreement establishing rights and obligations between thelender and the borrower.
The Terms & Conditions are subject to change at any time and upon the Company’sdiscretion without need for notification to the users of this Website. Any and all changesmade are timely published on the Website following mandatory notification of allregistered users of the Platform and will be effective as of the date specified in updatedversion of the Terms & Conditions and/or such notice, as applicable. Any further use ofthe Platform following publishing of an updated version of the Terms & Conditions shallbe deemed as acceptance of an updated Terms & Conditions.
The Website is designed and construed to provide information technology-basedfinancial services within the territory of the Republic of the Philippines. However, theWebsite is accessible and open for general use worldwide, therefore, some of theWebsite’s content may not be applicable or appropriate for such use outside of theRepublic of the Philippines.
By completing registration within the Platform, you hereby represent and warrant that:
(a) information, declarations, documents, representations and warranties made, givenor as evidenced by any documents submitted within the Platform are and will continueto be true, accurate and correct in all respects and will comply with applicable laws andregulations at all times;
(b) you have legal capacity and authority to be bound by a contract (private individualsmust be at least 18 years old);
(c) you must be an individual who is a citizen of the Philippines and residing within theterritory of the Republic of the Philippines;
(d) prompt notification will be given to the Platform in case of change of one of thefollowing details: residence or business address, employment status, phone numberand e-mail address;
Use of the Website requires stable and constant internet access, and may also requireperiodic hardware or software updates. Any and all fees and charges (includingtelecommunication fees, data, etc.) payable in relation to usage of the Website shall beborne by the user.By using the Website you confirm that you are acting on your own behalf and in yourinterests. If you are using or have plans to use the Website on behalf or in the interestsof any third arties (beneficiaries) you shall immediately stop using the Website.The Website may only be used for a limited purpose indicate hereof. The Website maynot be used for the following purposes:
(a) illegal or unlawful purposes;
(b) collecting and/or stealing data from the Website, including, inter alia, personal dataof other users of the Website;
(c) affecting performance of the Website in any manner;
(d) disruption of the Website’s operations, including, but not limited to using specialcodes or software to manipulate or change functions available on the Website;
(e) any other acts that may do harm to the Website’s infrastructure and its’ facilities.The Website’s operating hours are subject to change following mandatory maintenanceworks on which all users will be duly informed beforehand.Any and all instructions received from registered user’s account are deemed to beaccurate and correct. However, the Platform reserves its right under its sole andabsolute discretion to suspend operations on your account if such instructions were notentirely clear, lack necessary information, unidentifiable identity, or such other groundsdeemed as unlawful by nature or if the account is projected to be compromised.
Upon installation of the CashXxpress Application (the “App”) to the borrower’s mobiledevice, the borrower hereby voluntarily agrees and consents that the App’sadministrator shall have unlimited access to the borrower’s mobile device for thefollowing purposes:
(a) Facilitation of the borrower’s use of the App’s services and/or access to theregistration of the borrower’s App account;
(b) Provide App services;
(c) Process transactions and send notices regarding such transactions;
(d) Offers surveys, promotions and marketing communications;
(e) Improve App content and layout;
(f) Provide customer support;
(g) Improve App services and other related legitimate purposes.
Further, the borrower hereby agrees and consents that the App administrator, in orderto ensure due settlement of the loan, may perform the following functions in the eventthat the borrower defaults in the payment of the loan:
(a) Send push notification/s to the mobile device regarding loan payment details;
(b) Activation of the mobile device’s screen lock feature/s;
(c) Restore factory settings to the mobile device;
(d) Set password rules and personal identification numbers;
(e) Disable use of the mobile device’s camera;
(f) Such other functions relative to the mobile device access.
The Company owns or is duly licensed to use, as far as applicable, all intellectual copyrights on the Website, content and all publications thereon.Any use of the Website or registration thereto may not be deemed as any legal groundsfor transferring any kind of intellectual property rights or its licensing. Notwithstandingthe purposes, all trademarks, names and visual and textual content may be used onlyupon prior written authorization from the Company.The Company reserves its right to take any necessary legal actions and remediesrelated to any violation of section hereof.
If you use our features that allow you to upload any content into the Website, you arefully responsible for its content and you hereby represent and warrant that you havecollected any and all necessary consents, permissions and authority from the discloserof such information (including, but not limited to, personal data and details of any thirdparties as indicated thereon).The Company reserves its right and sole and absolute discretion to remove anyinformation, documents or any other content uploaded through the Platform if suchinformation, documents or any other content violates these Terms & Conditions or anyother applicable laws, or which may infringe or compromise rights and obligations of anythird parties. Such information, documents or any other content shall not:
(a) contain a defamatory, discriminative or insulting content;
(b) contain hate speeches, pornography or extortion/threatens content, gambling,violence, or misuse of narcotics, psychotropic substances or other addictivesubstances, or encourages public to commit violence or other unlawful acts;
(c) violate any intellectual property rights of any party;
(d) has a tendency to cheat others or use as a mask to be someone else or to describeyour identity or your affiliate with anyone through illegal;
(e) give impression that the content originated from the Company (related to content isnot from the Company); or
(f) violate legal obligations of any third parties, such as contractual obligations orconfidentiality obligations.By uploading any documents or content to the Website, you give the rights to use, copy,save, publish, reshape, and distribute the uploaded content to third parties of performingour rights and obligations to serve you as a digital information technology-basedplatform. You have the right to withdraw the uploaded documents or content at anytime. However, any rights that you have granted to us as referred to above shall remainin force following such withdrawal unless specifically requested otherwise.
The Company provides, manages and operates the Platform between registered users.Lending relationships between the lenders and the borrowers are stipulated in therespective loan agreements executed by the respective parties. The Companyfacilitates the needs and complaints of each registered users.The Company may not provide any guarantee or security over any proceeds which maybe obtained using the Platform. The Company shall bear no responsibility for anydecisions taken by any registered users when using the Platform.In case of breach of any above-mentioned representations or warranties, the Companyshall be indemnified in any case.The Website may contain typographical errors, other errors or omissions, and youhereby agree to waive us of any legal liability regarding such as errors or omissions.
By using the Website or the Platform, you hereby consent to the extent permitted by lawto indemnify and waive us, our directors, managers, officers, affiliates, agents,contractors, licensors, assigns of any claims arising out of your violating on these Terms& Conditions or your use of the services provided within the Platform or by our action aspart of our investigation on alleged violation of these Terms & Conditions by you or as aresult of the findings or decisions of investigation result.
You hereby acknowledge and agree that the Company reserves its right and sole andabsolute discretion to delete your account maintained within the Platform, restrict youraccess thereto and to terminate all relations with you upon occurrence of anyreasonable belief of your violation of the Terms & Conditions.You can terminate the Terms & Conditions by giving us a prior written notice 7 (seven)business days prior to such termination provided that you have no outstanding loans (ifyou are a borrower) to the Company. After termination of the Terms & Conditions, theCompany shall not be obliged to provide any access to information regarding previousactivities within the Platform.
By registering as a lender or as a borrower, you agree that all of communicationbetween you and the Company in connection with the services provided through thePlatform will be made with your contact detail as indicated upon your registration as auser. The Company reserves the right to determine the most appropriate way ofcommunication. The Company may also communicate with you by making certainpublications on the Platform.You hereby agree to accept all documents, notices and agreements sent by means ofelectronic channels through the Platform and acknowledge that such delivery shall bedeemed valid and have the same legal force and effect as physical delivery. Allagreements, documents, notices and agreements sent by means of electronic channelsthrough the Platform are executed electronically or with digital signatures and have thesame legal force and effect. Any approvals that you have provided electronically islegally binding on you as a service user.\
The Website uses HTTP cookies technology. Cookies is a small information file writtenand stored in your electronic device by website that you visited, so the Website canidentify you for next visits. Cookies are used for several things, such as to store yourpreferences, for example, to choose the location, so you don’t need to fill the sameinformation each time you visit a website, to know your visit patterns, to improve theperformance of the website, and to evaluate our marketing efforts effectiveness.You can arrange to block or not enable cookies or other similar technology by makingappropriate arrangements in your electronic devices or browsers.
The Website can, from time to time, contain links on third party’s websites that arebeyond control of the Company. The Company shall not be responsible for anyinformation and content of such other websites and may not guarantee protection andconfidentiality of your information that you provide on such other websites.
You cannot transfer your rights and obligations under the Terms & Conditions to anyother third party without the Company’s prior written consent. The Company maytransfer its rights and obligations under the Terms & Conditions to any third parties evenwithout your consent.
If any provision of the Terms & Conditions becomes invalid, it shall not affect validity of other provisions of the Terms & Conditions.Assignment of an obligation under the Terms & Conditions may only be done expresslyand in writing and signed by the party concerned.These Terms & Conditions do not contain any provisions that may be deemed orconstitute a partnership or joint venture between you and the Company.The Terms & Conditions apply regardless of how you access to the Platform (includingaccess through the Website or mobile application).
If you have any question related to the Terms & Conditions, please contact:
Customer Services – email@example.com
Compliance and Data Protection Department – firstname.lastname@example.org
CashXpress South East Asia Lending Inc.
Avida CityFlex, 7th Ave. corner Lane T
Bonifacio Global City, Taguig
Telephone: (02) 7914-4236
The Terms & Conditions and the matters governed therein shall be subject to the lawsof Republic of the Philippines.
All disputes arising out of or related to the Terms & Conditions, the matters governedtherein shall be resolved exclusively by arbitration under arbitration laws, rules andjurisdiction of the Republic of the Philippines.
Effective date: 16 September 2019