Terms and Conditions of Use
Lendr provided to You by Fintqnologies Corp. (“FINTQ”). It is an end-to-end origination and management platform of loans and credit cards that empowers consumers to have a one-stop shop showing all loan and credit card offers of all participating financial institutions for a faster, more convenient, dynamic, secure and engaging application experience accessible through a desktop or mobile device.
Your access and use of the Services constitute Your agreement to be bound by these Terms, which establish a contractual relationship between You and FINTQ. If You do not agree to these Terms, You may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with You. FINTQ may immediately terminate these Terms or any Services with respect to You, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
You must be at least 18 years of age and that You are fully able and competent to legally bind Yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms.
FINTQ may amend the Terms related to the Services from time to time. Amendments will be effective upon FINTQ’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes Your consent to be bound by the Terms, as amended.
2. DEFINITION OF TERMS
“Company” refers to Fintqnologies Corp. (FINTQ), which owns Lendr, and FINTQ’s affiliates and subsidiaries.
“Credit Assessment Tool” is a feature on Lendr where Customers can have a view of their creditworthiness generated either through traditional or alternative credit scoring models. Once the Customer applies for a loan and/or credit card with the Lendr Partner, his/her Credit Score will be shared as well.
“Credit Score” is a value that indicates a Customer’s credit worthiness based on his/her credit history, personal information, or transactional data.
“Customer” or “You” refers to you as a user of the Services, and includes your agents, assigns, or successors.
“Lendr” is an end-to-end origination and management platform of loans and credit cards that empowers consumers to have a one-stop shop showing all loan and credit card offers of all participating financial institutions for a faster, more convenient, dynamic, secure and engaging application experience accessible through a desktop or mobile device.
“Lendr Account” refers to the account where all the activities and transactions are done by the Customer. The Customer’s mobile number will serve as the user name for the Lendr Account.
“Lendr Application” or “Application” refers to the loan and/or credit card application that You submit to one or multiple Lendr Partners, including all information, documents or User Content for the purpose of applying for a loan and/or credit card.
“Lendr Partner” or “Lendr Partner Financial Institution” or “Financial Institution” shall refer to financial institutions who subscribed to Lendr, in order to offer loan and/or credit card products and services to eligible individuals/clients and/or employees, who may or may not have accounts with the financial institution, and to any eligible individual who would like to avail of a loan and/or a credit card via the Lendr Platform.
“Lendr Partner Content” or “Financial Institution Content” refers to any content provided by Lendr Partners displayed and offered in the Lendr Platform, which includes, but are not limited to, interest rates, loan and/or credit card packages, car packages, monthly amortization, amortization schedule, application status, payment progress, outstanding balance, promos, and other content related to the loan and/or credit card products of the Lendr Partners.
“Lendr Platform” means the Lendr portal, together with all data, text, articles, design, source code, interface, software, photos, images and other content or information, made available to the Customers, Lendr Partner, and authorized third parties by FINTQ for the Services. This shall include the software necessary to operate Lendr, as well as FINTQ-provided documentation, including user and operations manuals, technical manuals, and functional specifications.
“Lendr Profile” or “User Content” refers to any content entered, generated or uploaded by a Customer to Lendr, which includes photographs, videos, music or other multimedia files, documents, information, or anything else that can be stored electronically.
“Lendr Website” or “Site” means the Lendr website available at http://www.lendr.com.ph/ or via the mobile application, any related domain, any website of any subsidiary, and any subdomain thereof and content thereon.
“Services” means the features and functionalities of Lendr, Lendr Platform, and Site, including all associated platforms, equipment, hardware systems, and infrastructure linked therefrom. Such Services include, but are not limited to, the Lendr Account, Lendr Profile, loan and/or credit card product search and comparison, the Lendr Application, and the Credit Assessment Tool.
“Terms” used in this document pertains to the whole of this “Terms and Conditions of Use” including its subsequent amendments or revisions.
3. USER REPRESENTATIONS AND WARRANTIES
3.1. By visiting and/or using the Services, You signify Your agreement to these Terms and You further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between Company and You.
3.2. You must be at least 18 years of age and that You are fully able and competent to legally bind Yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms.
3.3. By visiting and/or using the Services, You declare, represent and warrant that You understand that when using it, You will be exposed to content, material or information from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, completeness, or intellectual property rights of or relating to such content, material or information, User generated, Lendr Partner generated, submitted or otherwise, including those content, material or information that may be linked to it.
3.4. You further understand and acknowledge that Company may have or may develop and implement additional features and tie-ups with other entities. By virtue of such, You may be exposed to content that may infringe on Your intellectual property rights; or content that may be violative of Your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and that these You undertake at Your own risk, and You hereby agree that Company shall not be responsible, liable, or accountable for any of the foregoing. You also agree to indemnify and hold Company harmless to the fullest extent allowed by law regarding all matters related to or arising out of Your use of the Services.
3.5. By visiting and/or using the Services, You declare, undertake and affirm that You take sole responsibility for whatever consequences that may arise out of Your visit and/or use of the Services. You understand that Company shall not be liable for, and You hereby hold Company free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from Your use of, or Your inability to use, the Services. On the other hand, You declare, undertake and affirm that You shall indemnify Company for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from Your use of the Services. You further agree, undertake, and commit to indemnify Company for any breach of its proprietary and other rights, including breach of these Terms, which You may commit in the course of or arising out of Your use of the Services.
3.6. You further declare, represent and warrant that You are aware that any content, material or information presented to You as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to Your User Content without prior notice and without need of explicit consent from You anymore as You now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and obligation to respect uphold and honor any intellectual property rights which may cover such any content, material or information presented to You as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services.
3.7. You acknowledge that any material, information or content which You create, upload, transmit, or display while using the Services may become publicly available, whether or not intended by You or by Company for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information or content which You create, upload, transmit or display using the Services. By visiting and/or using the Services, You hereby declare, acknowledge, and affirm to hold Company free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, regardless of negligence, lack of foresight, or lack of skill on the part of Company which may be directly or indirectly contributory to such unauthorized or unlawful use.
3.8. You also acknowledge that You are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to Company and closing Your Lendr Account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities You may have incurred or may still incur relative to Your use of the Services, as such termination of use of the Services and/or closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the rights which may have accrued in favor of FINTQ including the rights, consents, permissions and licenses to use any and/or all User Content that You have created, uploaded, transmitted, or displayed using the Services.
4. YOUR USE OF THE SERVICES
4.1. Your use of the Services constitute Your express consent and conformity to these Terms, without reservations.
4.2. You acknowledge that the Lendr Account and Lendr Profile are necessary to carry out the Services.
4.3. You acknowledge that in order to make use of the Services, You must first create a Lendr Account and consequently fulfill all information requested in the Lendr Profile.
4.4. In creating a Lendr Account, You affirm that You are providing the Company with all Your Personal Information both for the creation of the Lendr Account and to enable availment of the Services on a purely voluntarily basis and You, with full knowledge and understanding of the same, consent to the use and processing thereof by Company for the Services stated in these Terms.
4.5. You confirm that all User Content entered in the Lendr Account, Lendr Profile, and the Lendr Application is true and correct. Company will not be liable for any issues that may arise caused by false, incorrect, or invalid information, which You have entered in Your Lendr Account, Lendr Profile, and Lendr Application. You hold the Company, free and harmless, and shall indemnify Company, its affiliates and subsidiaries, and their directors, officers and/or employee against any and all claims, damages, actions, suits or other proceedings, and from any liabilities, costs, expenses (including legal fees), losses, and taxes arising from any party’s reliance upon the accuracy and correctness of such provided information. Such indemnification shall be without prejudice to Company’s right to seek legal recourse against You for the recovery of damages arising from such misinformation.
4.6. You hereby allow the Company to process the User Content provided by You in Your Lendr Account, Lendr Profile, and/or Lendr Application, to fulfill the present Services of Lendr, such as, but not limited to, database upkeep and maintenance, customer verification, Lendr Application and monitoring, credit assessment and scoring as well as future functionality upgrades such as Credit Scoring, and other similar functions.
4.7. You understand, consent and acknowledge that any enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services and as such shall likewise be covered by these Terms, and any subsequent revisions or amendments to the same.
4.8. You expressly and unequivocally consent to Company keeping all of its supplied information in a database processed, operated and maintained by Company. You understand that the said database, and the contents thereof, is subject to the control and disposition of the Company and/or the Lendr Partner. However, if the data was acquired by Company through the Customer’s Lendr Account or through other products of Company, whether such data was acquired before or after You have availed of Lendr, this data shall be owned by Company and shall be the Personal Information Controller of such data in accordance with the said law.
4.9. You understand and agree that all User Content You entered in Your Lendr Account, Lendr Profile, and/or Lendr Application will be sent to the Lendr Partner upon Your entry into the website of such Lendr Partner You selected or when You submit a loan and/or credit card application to the Lendr Partner.
4.10. You accede that Company may seek the consent of the Lendr Partner to use the User Content gathered to improve Lendr’s current line of services, features, and functionalities.
4.11. You understand that any Lendr Partner Content displayed in Lendr is provided by the Lendr Partner and not by the Company. Any information regarding a Customer’s Application and application status, whether approved, rejected, current, or in progress, are all provided by the respective Lendr Partner/s, which the Customer applied to, and the Company will not be liable or responsible for any false, inaccurate or incorrect Lendr Partner Content displayed in Lendr.
4.12. Moreover, Customer understands that Company does not warrant or guarantee approval of loans and/or credit cards from the Lendr Partner.
4.13. You understand and agree that by using the Services, You may receive service updates and/or messages, including SMS, E-mail, Push Notifications, and/or any data message transmission (the “Notifications”), informing You of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services of Lendr. You agree to abide and be bound by the instructions and/or procedures of Company for such enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services of Lendr. You shall have no claim, recourse or remedy against the Company for any loss, damage and expense incurred arising from non-compliance with such instructions and/or procedures.
4.14. You shall hold the Company free and harmless from any loss or damage which You may incur or suffer directly or indirectly out of or in connection with the Notifications, due to any reason whatsoever including but not limited to breakdown or malfunction of the computer or device, its terminal connection lines, data processing system or transmission line.
4.15. The Company shall in no way be liable to You for any action/s it takes in reliance to Notifications purporting to be from Lendr, but does not in fact emanate from Lendr or any official Lendr application or SMS Alert number.
4.16. The Company makes no warranty that the functionality of the platform will be uninterrupted or error free, that defects will be corrected or that the platform or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
4.17. The use of all User Content under these Terms shall be in accordance with applicable laws of the Republic of the Philippines, and applicable rules and regulations of Government authorities, regulators, and agencies, including, but not limited to R.A. No. 10173, R.A. No. 9160 as amended, and R.A. No. 10168.
5. CUSTOMER SUPPORT
In case of inquiries or complaints, You may consult the Frequently Asked Questions (FAQ) available in the Lendr Website. If You cannot find an appropriate answer, You may fill out an online form available on the Lendr Website which will be sent to FINTQ or email FINTQ directly at email@example.com.
6. NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Mobile network’s data and messaging rates and fees may apply if You access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
These Terms will be effective until terminated as provided herein. Company may suspend or terminate the use of the Services and access Your Account at any time, with or without cause, and without notice, including without limitation, in the event that (a) Your contact information is not up-to-date or You do not respond to communications directed to You; (b) the information You have provided to register for the Services is false, inaccurate, not current, or incomplete; (c) You are engaged in illegal activity; or (d) You have breached any of these Terms. You may terminate these Terms with respect to the Services for any reason or no reason at all, at Your convenience, by ceasing all use of the service with respect to which You wish to terminate these Terms.
On termination of these Terms for any reason, the rights and licenses granted to You with respect to the Services You wish to terminate will immediately terminate. Upon the termination of these Terms, You shall immediately cease all use of the Services; and the terms, conditions, and warranties contained in these Terms that by their nature and context are intended to survive the termination of these Terms shall survive, including Feedback, Ownership and Rights, Privacy, Your Representations, Indemnification, Disclaimer of Warranties, Limitation of Liability, Termination, and Miscellaneous. Company shall have no liability to You for any damages, loss of profits or other claims arising from the termination or suspension of Your access to the Services.
8. DISCLAIMERS; LIMITATION OF LIABILITY; DISPUTE RESOLUTION
The Services are provided “as is” and “as available”. Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied, warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services, or that the Services will be uninterrupted or error-free. You agree that the entire risk arising out of Your use of the Services remains solely with You, to the maximum extent permitted under applicable law. It is Your sole responsibility to determine whether the Services are suitable and adequate for Your needs.
Company does not warrant that the Services will work on Your hardware, with Your operating systems, or with any other software installed on Your computers or mobile devices. Information obtained by You from Company will not create any warranties. You agree that any information, material, and data downloaded or obtained from the user of the service and system are of Your account and risk and that You will be solely responsible for any damage to Your mobile device or loss of data that results from the download of information, material and / or data.
You are responsible for any fees and penalties charged by Your internet services provider, telecommunications provider or any other third party in connection with Your use of the Services. If Your mobile phone is off, out of range, or subject to a variety of other conditions, You may not be able to update Your Settings or receive Notifications, or these services may be delayed. Cellular and other wireless transmission services and networks are inherently insecure and subject to service disruptions, weak or dropped signals, and other failures over which Company has no control. Company assumes no responsibility or liability for any delays or failure to receive alerts or other mobile-based information or any security breaches related to any of the foregoing.
Limitation of Liability
Regardless of whether any remedy in these Terms fails of its essential purpose or otherwise, Company is not and shall not be liable to You for any direct, indirect, special, punitive, exemplary, consequential, or any other damages whatsoever, including, but not limited to, any personal injury, property damage, loss of use, loss of business, economic loss, loss of data, or loss of profits, without regard to the form of action (including, but not limited to, contract, negligence, or other tortious actions) arising out of or in connection with (a) these Terms; (b) the Services; (c) any interruption in service related to the Services; (d) Your use of or reliance on the Services or Your inability to access or use the Services; (e) Your use of Your mobile device, including any lack of attention to Your surroundings resulting from such use; or (f) the unauthorized access by any party to the services and systems, including personal data, even if Company has been advised of the possibility of those damages. You waive any and all claims, now known or later discovered, that You may have against Company arising out of Your use of the Services, Your mobile device or these Terms. Without limitation of the foregoing, Company is not responsible for any mobile carrier fees or penalties or card account fees or penalties that You incur as a result of Your use of the Services.
You acknowledge and agree that from time to time, the Services may be delayed, interrupted or disrupted for any indeterminate amount of time due to circumstances beyond Company’s reasonable control, including but not limited to any interruption, disruption or failure in the provision of the Services, whether caused by strikes, power failures, equipment malfunctions, internet disruption or other reasons. In no event shall FINTQ or its affiliates or licensors or contractors or the employees or contractors of any of these, be liable for any claim arising from or related to the Services that is caused by or arises out of any such delay, interruption, disruption or similar failure. In no event shall FINTQ or its affiliates or licensors or contractors or the employees or contractor of any of these, be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, or loss of goodwill or lost profits (even if advised of the possibility thereof) arising in anyway out of the installation, use, or maintenance of the Services, even if such damages were reasonably foreseeable and notice was given regarding them. In no event shall FINTQ or its affiliates or licensors or contractors or the employees or contractors of any of these, be liable for any claim, arising from or related to the Services, that You do not state in writing in a complaint filed in a court proceeding within six (6) months of the date of the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.
FINTQ’s aggregate liability, and the aggregate liability of its affiliates and licensors and contractors and the employees and contractors of each of these, to You and any third party for any and all claims or obligations relating to these Terms shall be limited to direct out of pocket damages up to a maximum of [FINTQ to provide].
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) shall be governed by the laws of the Republic of the Philippines without regard to conflict of laws provisions. You agree to the personal jurisdiction by and venue in the appropriate courts of Makati City, Philippines, and waive as You hereby waive any objection to such jurisdiction or venue. In case of any dispute arising out of these Terms or Your use of the Services, You hereby agree, undertake and commit to resolve or attempt to resolve such dispute promptly and in good faith. In case of failure to resolve any such dispute, You further agree, undertake and commit to submit to voluntary mediation in Makati City, Philippines, before the issue may be brought to court of proper jurisdiction as stipulated herein.
9. DATA PRIVACY NOTICE
As a condition for use of the Service, You permit FINTQ and its subsidiaries, affiliates, and authorized subcontractors to process and/or disclose personal data, including data that may be classified as personal information and/or sensitive personal information under the Data Privacy Act of 2012, to authorized agents, subsidiaries, affiliates, partners, and other authorized third parties, in order to undertake activities that may include, among others:
a. Conducting analysis for purposes of research and marketing initiatives, including the creation of Your personal profile based on Your interests, preferences, mobility patterns from physical locations that You may visit, and other information that may be relevant for marketing and market research purposes;
b. Managing Your account, providing customer care activities, monitoring the quality and security of the network, training our staff, and providing the services to You in a timely and efficient manner;
c. Generating statistical insights based on Your usage and other information to assist the Government in planning for healthcare, disaster, and other similar initiatives;
d. Credit scoring programs and initiatives, including but not limited to providing information to the Credit Information Corporation in furtherance of the objectives of Republic Act No. 9501, otherwise known as the Credit Information System Act;
e. Sending commercial and promotional advertisements, loyalty and rewards offers, surveys, customer-care, and after sales communications, and other broadcast push messages;
f. Sharing Your personal data with FINTQ’s business partners, authorized third-party content providers or other authorized third-party services; and
g. Such other processing or disclosure that may be required under law or regulations.
Your personal data will be maintained in our records throughout Your availment of the service, and for a maximum period of five (5) years thereafter. You are afforded certain rights in relation to Your personal data under the Data Privacy Act of 2012, including the right to object to processing, the right to access Your data, the right to rectification of inaccurate data, and the right to erasure or blocking of data.
Failure, omission, or delay on the part of FINTQ to exercise its right or remedies under these shall not operate as a waiver. Any such waiver shall be valid only when reduced in writing and delivered to You.
11. SEPARABILITY CLAUSE
Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining Terms shall not be affected or impaired thereby.
These Terms may be amended, modified, added, and deleted by Company from time to time. In such an event, the newer version of the Terms shall supersede the old, and all rights and obligations including the attendant covenants previously undertaken by the Customer, in so far as they are not in conflict with the more recent version of the Terms, shall be deemed to have carried over to the newer version.
Last updated: November 14, 2018