Terms and conditions

By signing up for a finmerkado account, you agree to the Terms of Use below, hereinafter referred to as the Terms. Before signing up for an account or using the App (as defined below), please read these Terms carefully. If you do not accept these Terms, please do not access or use the App . The finmerkado Website, mobile application or any other online service provider (hereinafter referred to as the App) is operated by SIA JEFF, registered in the Republic of Latvia with business number 43603085405 (hereinafter referred to as the “Company”). Any person who uses the App, and/or apply and/or utilize the finmerkado services is hereinafter are referred to as “you” or “User”. 

The Company, SIA Jeff, and the affiliates and subsidiaries of the Company of the foregoing are hereinafter referred to as the “SIA JEFF Group”. 

The headings are inserted for convenience only and shall not affect the interpretation of these Terms. Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing a gender include every gender.

1. General information 

1.1. The SIA JEFF Group operates an online loan brokerage platform designed to receive and compare credit offers. Lending will be made by banks and lenders engaged in consumer lending, hereinafter referred to as Lenders. In using the App, you acknowledge and agree that SIA JEFF Group only acts as an intermediary between you and Lenders. If User avails of a loan from a Lender, the User acknowledges and agrees that SIA JEFF Group is not a party to the same, and has no liability nor responsibility with respect to such loan, and any actions or inactions taken under such loan.

2. Processing of personal data 

2.1. By using or answering questions on the App, the User agrees to these Terms, and the processing of his personal data pursuant to the Company’s Privacy Policy The User hereby confirms his consent and agreement to the terms and conditions of the Privacy Policy, and the terms and conditions of the Privacy Policy are hereby incorporated herein by reference and shall apply as if fully set forth herein mutatis mutandis.

2.2. To answer questions on the App, it is necessary to enter the User's personal data. By accepting the Terms, the User confirms that the User is requesting the processing of his personal data in order to receive a loan offer from the Lender. 

2.3. All User Data entered into the App will be transferred to the Lender solely for the purposes of processing listed on the App or in accordance with SIA JEFF Group's Privacy Policy.

2.4. The User confirms his consent to transfer his personal data at the request of the Lender so that the Lender can make a loan offer. The User authorizes the SIA JEFF Group to transfer his/her personal data to a third party(s) who are the Company's partners to serve the purposes of verifying and evaluating information, improving the quality of the User's loan application and/or let such third parties assist in connecting and providing other suitable loan offers to the User. 

2.5. The User understands that the Company is not responsible for the Lender's data processing.

2.6. The User agrees that he may be contacted by any Lender/partner in finmerkado's partner network to provide loans or other financial services. 

2.7. The User agrees that the SIA JEFF Group will use the physical address, email address and/or telephone number provided by the User to send commercial communications for products, services or promotions offered by SIA JEFF Group and/or the Lenders.

3. User Responsibilities 

3.1. The User is obliged to answer questions on the App in order to use the said App and the services offered therein (hereinafter referred to as the “Service”).

3.2. Users are obliged to use only secure electronic devices and data transmissions to answer questions on the App. 

3.3. The User is obliged not to share his account with a third party, but in the event that the User suspects that his device or his access to the App has been compromised by a third party, the User must immediately notify the Company by sending an email to support@loanonline.ph. 

3.4. Before applying for a loan, the User has confirmed that he or she has read and understood these Terms and the Privacy Policy. 

4. Free Use of the App

4.1. The User has the right to use the Services of the App for free. 

5. Limitation of Liability 

5.1. The Company will provide information on the Lender's loan offers. The User acknowledges and agrees that the SIA JEFF Group shall not be responsible or liable for the accuracy or inaccuracy of the information provided by User or for SIA JEFF Group’s failure to transmit such information in the manner requested by User. User shall be fully responsible and liable for all of User’s transactions using the App, including any errors User may commit therein.

5.2. The User further acknowledges and agrees that:

a. SIA JEFF Group is not and shall not be a party to any communications, transactions, and agreements which may be entered between you and/or any of the Lenders;

b. SIA JEFF Group is not responsible nor liable for the loan approval or disapproval, or any and all communications, transactions, and agreements between you and the Lenders; 

c. SIA JEFF Group shall not be liable for any damages incurred as a result of any malfunction, malfunction of any equipment used by you, use of inappropriate or unlicensed equipment or software, power failure or interruption, communication and other incidents.

d. SIA JEFF Group is not responsible for actions taken on your behalf by third parties that have gained access to your account or use of the App.

6. General Use

6.1. User shall comply with all guidelines, requirements, instructions, and specifications relating to the App (including without limitation any registration and activation procedures) as may be prescribed by SIA JEFF Group in the latter’s sole and absolute discretion.

6.2. User is exclusively responsible for ensuring the security of their account, as well as their mobile device where their account is registered, and for keeping these protected from unauthorized use. User will not permit the App registered on User’s mobile device to fall into the possession or under the control of any other person.

6.3. User shall not use or permit the use of their username and password for any purpose, whether legal or illegal, other than as specifically intended to carry out User’s transactions and inquiries via the App.

6.4. Transactions carried out via the App are subject to all SIA JEFF Group conditions, fees, and charges applicable at the time of the transaction. The use of User’s username, password and device biometrics, if any, will serve as their irrevocable authorization for SIA JEFF Group to carry out initiated transactions in the App and these transactions shall be conclusively deemed valid and binding upon User.

6.5. SIA JEFF Group is not obliged to verify the authenticity of any instruction received from User through the use of the App and may therefore, without further inquiry, act on any directives contained in that instruction. SIA JEFF Group is entitled (but not obliged) to give effect to any instruction received, in the terms in which it was received. The records maintained by SIA JEFF Group of any instruction shall be final and binding upon User.

6.6. User shall immediately notify SIA JEFF Group by contacting support@loanonline.ph: (i) if User’s mobile device where their account is registered is lost or stolen, or fails to function as intended, (ii) if User has any knowledge or reason to suspect that the security or confidentiality of their account has been compromised, or if there has been any unauthorized use of the same, and/or (iii) if User replaces and/or changes the number of any mobile phone or device (as the case may be) used by User for the use of the App. User is solely responsible and liable for all transactions which have been implemented prior to SIA JEFF Group’s receipt of User’s notice and for all losses and consequences arising from or in connection with any failure by User to comply with any of the foregoing.

7. Accuracy and Completeness of Information 

7.1. User warrants the accuracy and completeness of the information they provide through the App. SIA JEFF Group shall not be responsible or liable for the accuracy or inaccuracy of the information provided by User or for SIA JEFF Group’s failure to transmit such information in the manner requested by User. User shall be fully responsible and liable for all of User’s transactions using the App, including any errors User may commit therein.

7.2. User shall be liable for all losses arising from their failure to promptly report to SIA JEFF Group any discrepancies, omissions, inaccuracies, or incorrect entries. User shall also be liable for all losses arising from their fraudulent or negligent acts, such as but not limited to, failing to properly safeguard User’s username and password or failure to immediately report the loss, theft, or compromise of their mobile phone/mobile device.

8. Termination of Service

8.1. User may request to terminate their access to the App pursuant to these Terms .

8.2. SIA JEFF Group may terminate User’s access to the App at any time and for any reason, upon giving User seven (7) calendar days prior notice of such termination.

8.3. SIA JEFF Group may immediately terminate User’s access to the App without prior notice for any of the following reasons: 

a. User has breached any of these Terms;

b. there is no activity on User’s enrolled account/s for twelve (12) consecutive months; or

c. when SIA JEFF Group considers that it has other reasonable grounds to do so (in which case all reasonable effort will be made to advise User of the circumstances of termination).

9. Assignment

9.1. User shall not assign any of their rights and obligations under these Terms, their account, or the App. 

9.2. SIA JEFF Group may at any time, and from time to time, sell, transfer, to one or more persons or entities, all or any part of its rights, benefits, and obligations under the App and/or these Terms without need of consent or notice to User. Upon any sale, assignment, and/or transfer by SIA JEFF Group, the buyer, assignee, participant, or sub participant shall be entitled, to the extent of the interest sold, assigned, and/or otherwise transferred, to the benefit of such rights of SIA JEFF Group pursuant to these terms. For clarity, SIA JEFF Group can exercise these rights even after Termination of Service.

9.3. In the event of any such sale, assignment, and/or transfer by SIA JEFF Group, User agrees to be bound by and shall remain liable for all obligations under these Terms and the App.

10. Cumulative Remedies

10.1. No remedy referred to in these Terms or as may be presented in the App is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to in these Terms, the App, or otherwise available under law or equity.

11. Waivers

11.1. No failure, omission or delay on the part of SIA JEFF Group in exercising any right, power, privilege, or remedy accruing to SIA JEFF Group under these Terms or the App shall impair any such right, power, privilege, or remedy nor shall it be construed as a waiver of any such breach or default thereafter occurring, nor shall a waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. All remedies, either under the Terms or by law or otherwise afforded the SIA JEFF Group shall be cumulative and not alternative. No notice to or demand on User in any case shall entitle User to any other or further notice or demand in similar or other circumstances.

 

12. Severability

12.1. If any one or more of the provisions contained in these Terms or any document executed in connection therewith (including those through the use of the App) shall be declared by any court of competent jurisdiction as invalid, illegal, or unenforceable under any applicable law, the validity, legality and enforceability of the remaining provisions contained therein or such document executed in connection therewith shall not in any way be affected or impaired.

13. Governing Law and Venue of Actions

13.1. These Terms and the App shall be governed by, and construed in accordance with, the laws of the Philippines. User irrevocably agrees that any legal action, suit, or proceeding arising out of or relating to these Terms or their use of the App shall be instituted before the proper court in Manila and User submits to and accepts with regard to any such action or proceeding for themselves and in respect of their properties or assets, generally and unconditionally, the jurisdiction of any such court, to the exclusion of all other courts and venue. User hereby waives any objection which they may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and further waives any claim that any such suit, action or proceeding has been brought in an inconvenient forum. The foregoing, however, shall not limit or be construed to limit the rights of SIA JEFF Group to commence proceedings or to obtain execution of judgment against User in any venue or jurisdiction where assets of the latter may be found.

14. Validity and Binding Effect

14.1. User acknowledges and declares that the foregoing terms, authorizations, covenants, undertakings, consents, and waivers have been fully explained to them. User further confirms that they have fully understood and unconditionally agree to be bound by the same. They further acknowledge, agree, and declare that these Terms are binding on themselves and their heirs, successors, and assigns. SIA JEFF Group shall be entitled to rely on and enforce this document against User and their properties and assets.

15. Changes

15.1. SIA JEFF Group reserves the right to change these Terms by way of addition, modification, amendment, etc. (“Changes”) at any time and from time to time; provided that notice shall be given to User at least (30) calendar days prior to its effectivity. User shall be notified of such Changes as provided in the methods of communication enumerated under these Terms. The Changes shall apply on the effective date specified by SIA JEFF Group in the notice.

16. Reporting Concerns

16.1. User shall report their concerns relating to the App to support@loanonline.ph. 

16.2. User agrees to SIA JEFF Group’s conduct of verification when they contact SIA JEFF Group

17. Intellectual Property Rights

All copyrights and rights not owned by any of the authors belong to SIA JEFF Group.

Updated as of 01/11/2023.

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