XLKash Lending
TERMS OF SERVICE
Version:March, 2020

When you use, access, download, browse or register to the XLKash Lending service on the XLKash Lending website, the XLKash Lending mobile application (“XLKash Lending Application”), or other related digital medium or media including social media (“XLKash Lending Facility”),you signify that you have read, understood, and accepted these Terms of Service and agree to be bound by them, including all related rules and regulations for the use and availment of any service, product or information of the XLKash Lending Facility. You also agree to be bound by any and all laws, rules, regulations and governmental issuances applicable to the XLKash Lending Facility or the Company (as hereinafter defined below), as well as such other terms and conditions governing the use of other facilities, benefits, products or services which we may make available to you in connection with the XLKash Lending service, or membership recruit programs as may be offered in the future. You may be required to register an account (“XLKash Lending Account”) to use the XLKash Lending service. If you access the XLKash Lending service via any XLKash Lending Facility, these Terms of Service shall be a binding agreement between you and XLKash Lending Corp. (“Company”). If you do not agree, do not fully understand or have reservations with respect to any provision of these Terms of Service, please exit and stop your use of this XLKash Lending Facility.

How to be eligible?

To be eligible to use the XLKash Lending Facility, you should be at least eighteen (18) years of age, in good credit standing, and has the legal capacity to enter into binding agreements, specifically the availment of products and/or services offered in the XLKash Lending Facility.

When you create and maintain a XLKash Lending Account, including to use any product, service, facilities, or benefits in the XLKash Lending Facility, you represent and warrant that you possess the eligibility requirements. You also authorize, consent and permit the Company to use all necessary means to verify your identity, conduct fraud check, fraud validation, background checks, credit and background checks, based on the information you have provided, or by obtaining data from other sources including from any third-party providers of information. Take time to read the XLKash Lending Privacy Policy as it also governs the use of the XLKash Lending facility.

What are the terms when you register and apply?

When you create your XLKash Lending Account, you agree to provide the true, current, complete and accurate information about yourself in the registration or application form. The Company reserves the right to conduct a background verification of your identity, credit and fraud investigation prior to, during and for the duration of your registration, application, use of the XLKash Lending Facility, any loan, or any other service or feature. If any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to cancel your registration, suspend your XLKash Lending Account, reject any application you have submitted, and restrict your future use of the XLKash Lending Facility and availment of products and services available over the XLKash Lending Facility. The Company also reserves the right to reject any registration, deny access to the XLKash Lending Facility or decline any loan application in violation of these Terms of Service.

Please be advised that the services can only be provided if you agree to disclose relevant identification, employment and financial information which you will be required toprovide and may also be obtained by the Company from all relevant sources in accordance with your instruction and authorization (“Authorization”).

When you accept and click on the “Agree” button below, you acknowledge that you have read and accepted the Terms of Service including the Privacy Policy and agree that the collection, storage, processing (e.g., credit scoring and user profiling) and disclosure of the information you have provided (including regarding nominated Related Party Contacts and/or Third Party Contacts or other reference persons) or will provide to third parties, such as, a lender, borrower, third-party purchaser of a loan including delinquent loan, third-party data processors, credit bureau, credit organization, as is necessary and required for the access and use of the XLKash Lending Facility and its services.

Please read and confirm that you agree to the Authorization. If you do not agree to or have reservations on any provision of the Authorization as to its scope, coverage or purpose, please exit the XLKash Lending Facility and discontinue using the XLKash Lending Service.

What is the Company’s privacy policy in general?

When you access and use the XLKash Lending Facility, you agree that the following personal information (“Personal Data”) may be collected, used and processed in accordance with the XLKash Lending Privacy Policy:

• Full name, permanent and residential address, contact number/s, email address, birth date and/or age, gender, employment information, bank account details, credit card and/or financial account information, financial history and details of government-issued ID;
• social media, e-commerce, transportation and other online/mobile account details and other information from which your identity may not be apparent or which may not reasonably and directly identify you, such as, but not limited to, records of your visits and information you submit when using the XLKash Lending Facility;
• information from third parties including information obtained, upon your authorization, from any third party including your employers (“Employment Information), and other third-party source holding information on any financial, transaction, or payment records of the User, and historical transactions;
• traffic, usage, device, and other application information generated or found in your device and from your use of the XLKash Lending Facility; and
• Anonymous, technical, network, and interaction data generated or available in the device or any other access medium used to access or make use of the XLKash Lending Facility.

These information shall be obtained when you register in the XLKash Lending Facility or apply to avail any of the XLKash Lending Facility’s products and services shall be collected, used, processed, disclosed, retained, stored, and protected by the Company in accordance with the XLKash Lending Privacy Policy and these XLKash Lending Terms of Service.

Please refer to the XLKash Lending Privacy Policy for more detailed information regarding all collection, use, processing, sharing, storage and transfer of user data through the XLKash Lending Facility including Personal Data.

What is the terms for user content?

When you submit content to the XLKash Lending Facility, you agree to:

• Retain all ownership rights to the content you have uploaded on the XLKash Lending Facility.
• Grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, world license to use, reproduce, distribute, prepare derivative works of, display, and perform any information or content that you provide in connection with your use of the XLKash Lending Facility and its services, subject to the privacy provisions in these XLKash Lending Terms of Service and the XLKash Lending Privacy Policy. You grant the Company the right to review, delete, edit, reformat, excerpt, or translate any of your information or content.
• Be solely responsible for the content and information you make available through or in connection with our products and services. The Company will not be liable for any use or misuse of your Personal Data by others.
• Be your sole responsibility all the information and content posted on the XLKash Lending Facility or privately transmitted through the XLKash Lending Facility or via other means in connection with the XLKash Lending Facility’s services. The Company will not be responsible for any errors in or omission of any information or content posted by a user.
• Allow the Company to access and use the information recorded by credit reference and fraud prevention agencies for purposes of assessing lending risks and identifying, preventing, detecting or tackling fraud, money laundering and other crimes
• Undertake the sole responsibility and hold the Company free of liability to you or any third-party, for any content that you create, upload, transmit, or display while using the XLKash Lending service via the XLKash Lending Facility. You also undertake not to share, create, upload, transmit or furnish using the XLKash Lending Facility any material, information or content which is or may be covered by copyright, patent, trade secret, trademark, tradename, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licences, rights, consents and permissions to use and to authorise the Company and XLKash Lending to use any and/or all the content that you create, upload, transmit or furnish using the XLKash Lending Facility.
• Undertake not to use fictitious name or make any concealment of true name for the purpose of concealing crime, evading the execution of a judgement or causing damage.
• Undertake sole responsibility for the consequences of your actions and interactions using the XLKash Lending services, and stipulate admission of liability to the Company for whatever loss or damage the Company or may suffer as a consequence of your use or misuse of the XLKash Lending services or access to the XLKash Lending Facility.

What are the terms for third-party content & services?

The XLKash Lending Facility may contain content provided by third-party services and resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy, appropriateness, completeness or non-infringement of third-party services, or the contents, products or services available on or through such third-party services. Unless specified or notified by the Company, the availability of such third-party services does not imply any endorsement by us of such third-party services of the content, products or services. The Company and the XLKash Lending service make no representation or warranties about any service, content and/or other resources provided by the third-party. You may not copy, remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the products or services in respect of any content and/or other resources provided by the third-party.

We assume no responsibility for the conduct of any third-party merchant submitting any content on their products and services or from their resources, and we assume no responsibility for monitoring the XLKash Lending service for inappropriate contents or conduct. We do not, and cannot, pre-screen or monitor all user and partner content. Your use of the XLKash Lending service and availment of the products and services made available via the XLKash Lending Facility shall be at your own risk. By using the XLKash Lending service, you may be exposed to content that may be not in line with your expectations. You bear all risks associated with your reliance on any available content in connection with the XLKash Lending Service.

Is there warranty for services and content?

The products and services available on the XLKash Lending Facility, including products and services provided by third parties through the XLKash Lending Facility are provided on “as is”, “as available” basis and without any representation or warranty of any kind.

The Company does not warrant the content, quality, accuracy, adequacy or completeness of the information provided over the XLKash Lending Facility and expressly disclaims liability for any errors or omissions in such information, in particular over any content and/or other resources provided by the third-party in respect of products or services offered through or via linkage to the XLKash Lending Facility. The Company does not guarantee and promise any specific results from use of products and services made available over the XLKash Lending Facility or that the availment of any part or all of the XLKash Lending service will be uninterrupted and error-free.

The Company shall not be responsible for information users or merchant partners may post, disclose, publish or share on the XLKash Lending Facility or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content uploaded, disclosed, published, or shared by other users or merchant partners. The Company is not responsible for the conduct, whether online or offline, of any user or merchant partner of the XLKash Lending Facility or its products or services made available through the XLKash Lending Facility.

The Company is not responsible for the accuracy of the information, content, products or services offered by, or the information practices adopted by sites linked to or from the XLKash Lending Facility. Since third-party websites, platforms or facilities may have different privacy policies and/or security standards governing their sites, you should carefully review the privacy policies and terms and conditions of these websites, platforms or facilities prior to providing any Personal Data.

What should you observe regarding Company’s partner merchant or third-party products and services?

For purchases of third-party products and services available over the XLKash Lending Facility, diligence is expected of the User to only transact with reputable merchants. The Company shall not be held liable and accountable for any unauthorized transaction. Once the transaction has been authorized, you bind yourself with the merchant’s terms of sale such as but not limited to on how you will receive the goods and/or services that you purchased (including the validity and expiry of voucher code etc).The Company is not liable and accountable for any undelivered goods and services, defects, damages and after-sales services of such goods and /or services of third parties. You shall be fully accountable for payment transactions especially in dealing with merchants that may have limited refund policy for invalid disputes.

What is your responsibility for XLKash Lending 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 XLKash Lending Facility, including any mobile one-time password (i.e. one-time-password sent to your registered phone number that is valid for only one login session or transaction and in a certain period of time, to authenticate and identify you.) (“Unique User Credentials”). When you create, register and maintain your account, you agree to honor all activities performed and obligations contracted using your XLKash Lending Account.

You agree and confirm that any use of your Unique User Credentials 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 Unique User Credentials shall be valid and binding transactions that your created, committed and performed.

If there is an unauthorized use of your account or a breach of its security, you undertake to notify the Company of the relevant circumstances immediately.

Is the Company liable for account misuse?

The Company will not be liable for any loss that you may incur as a result of someone else using any of your account or Unique User Credentials, 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 Unique User Credentials.

What is the scope of account security?

While the Company has implemented adequate safeguards as required under the Data Privacy Act of 2012, the Company does not and cannot give full guarantee or warranty against their impairment. You acknowledge that you provide your Personal Data at your own risk.

You shall not share your XLKash Lending Account or login information, nor let anyone else access your XLKash Lending Account or do anything else that might jeopardize the security of your XLKash Lending Account.

In the event you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of the login Information, you must immediately notify us and modify your login Information. You are solely responsible for maintaining the confidentiality of the login Information, and you will be responsible for all uses of the XLKash Lending Facility and the login Information, including making of loan applications, whether or not authorized by you. You are responsible for anything that happens to your XLKash Lending Account.

We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third-party that a user name violates the third-party’s rights

What are the restrictions on my use?

You shall abide by all applicable terms and conditions, laws and regulations in your use of the XLKash Lending Facility, and availment of products and services available over the XLKash Lending Facility. In addition, you agree that you will not do any of the following:

• register for more than one account at any given time using one international mobile equipment identity (IMEI), or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
• post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else's rights or is protected by any copyright or trademark, or otherwise violates the law;
• post or otherwise make available content that in the Company’s judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the XLKash Lending Facility, or which may expose the Company or users of the XLKash Lending Facility to any harm or liability of any type;
• post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
• use the information or content on the XLKash Lending Facility to send unwanted messages to any other user;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• post or otherwise make publicly available on the XLKash Lending Facility any personal or financial information of any third-party;
• solicit passwords or personally identify information for commercial or unlawful purposes;
• use the XLKash Lending Facility or our products and services in any manner that could damage, disable, overburden or impair the XLKash Lending Facility;
• harvest or collect email addresses or other contact information of other users from the XLKash Lending Facility by electronic or other means, including the use of automated scripts; and/or
• post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

What are the Company’s reserved rights?

We reserve to exercise upon our dicretion the right to:

• deny access to the XLKash Lending Facility and / or discontinue the XLKash Lending service or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You irrevocably agree, affirm and warrant to hold the Company free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to the XLKash Lending Facility or the discontinuance of the XLKash Lending service;
• collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the XLKash Lending Facility, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You irrevocably agree, affirm and warrant to hold the Company free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the XLKash Lending Facility;
• enhance, improve, develop and introduce for the XLKash Lending service new features and functionalities via the XLKash Lending Facility at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality at the XLKash Lending Facility shall form part of the XLKash Lending service as defined herein and thus shall likewise be covered by these XLKash Lending Terms of Service and its subsequent revisions or amendments , as applicable;
• verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You expressly and voluntarily allow the Company to request for and secure such information, and expressly and voluntarily instruct such third-party providers to: (a) receive and process information requests; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested, provide the latter with certified digital or printed copies of the said information;
• send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the XLKash Lending service. The Company and the XLKash Lending service make no warranty of any kind, express or implied, for such service updates and/or messages, but you agree to receive such service updates and/or messages and hold the Company free from any liability and/or claims for indemnification or damages that may arise therefrom;
• set limitations to and charge fees and applicable taxes for the use of the XLKash Lending service or the XLKash Lending Facility, at any time and without prior notice (other than required regulatory disclosures which will be disclosed to you). You further understand and agree that the Company reserves the right to change the applicable fees, taxes and charges levied for the use of the XLKash Lending service, at any time and with prior written notice to you before the effective date of change in fees / charges /penalties;
• to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that the Company reserves the right to administer and operate any and/or all of the XLKash Lending service from any or various locations outside the Republic of the Philippines. You understand, agree, and undertake sole responsibility for your continued access to the XLKash Lending Facility or use of the XLKash Lending service, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

What does your contracts and authorizations signify?

Your use and availment of the products and services on the XLKash Lending Facility may be conditioned on your agreement to certain contracts and authorizations. When you signify your consent and permissions therein, you agree to be bound by the terms and conditions thereof and such contracts and authorizations shall be deemed validly and voluntarily executed by you. Upon request, the Company may furnish you electronic copies of such documents.

What are the conditions and consequences of termination ?

The Company may terminate or suspend your access to or ability to use the XLKash Lending Facility immediately, without prior notice or liability, for any reason or no reason, including breach of these XLKash Lending Terms of Service.

Termination of your access to and use of the XLKash Lending Facility 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.

What are the limitations on the Company’s liability?

The Company shall not be liable for any loss, cost, compensation, damage or liability to you or third-party arising from, directly or indirectly, or as a result of any or all of the following:

• refusal of any bank, financial institution, ATM or merchant establishment and the like to allow, accept or honor the XLKash Lending service;
• the XLKash Lending service is honored by any bank, financial institution, ATM or merchant establishment; however, the transaction is not authorized, for any reason whatsoever;
• the User is unable to perform or complete any transaction through the use of the XLKash Lending Application or any part of the XLKash Lending Facility due to service/ system/ line unavailability;
• any delay, interruption or termination of a transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond the Company and the XLKash Lending service’s control (including but not limited to acts of God, strike, labour disputes, fire, disturbance, action of government, atmospheric conditions, interference or damage by third parties or any change in legislation);
• unauthorized use of any user XLKash Lending Account or any loss, costs, damages or payable to any third-party by the XLKash Lending service User; or
• any misrepresentation or fraud by or misconduct of any third-party.

You expressly agree that your use of the XLKash Lending Facility is at your sole risk.

The Company, its directors, officers, representatives, agents, or assigns, shall not be liable to you for loss or damage of any kind which you may suffer as a result of being a user of the XLKash Lending Facility, except where such loss or damage arises from our breach of these XLKash Lending Terms of Service or was caused by gross negligence, wilful default or fraud by the Company or its employees. The Company shall also not be responsible for any breach of these Terms of Service arising from circumstances outside our reasonable control.

What is my liability in case of breach?

You shall be liable for any loss or damage suffered by the Company and/or its users as a result of:

• your breach of these XLKash Lending Terms of Service or any agreement you have entered into pursuant to the XLKash Lending Facility’s services;
• your fraudulent use of the XLKash Lending Facility; and
• your provision of inaccurate, false or fraudulent data.

May changes to Terms of Service be made?

The Company reserves the right to make changes to these XLKash Lending Terms of Service (“Updated Terms”) at any time. Unless the changes in the Terms of Service are for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective by posting the Updated Terms on the XLKash Lending Facility.

Your use of the XLKash Lending Facility after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before continuing to use the XLKash Lending Facility.

What are the other terms of service?

The other terms are:

• In the event that any provision of these XLKash Lending Terms of Service is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these XLKash Lending Terms of Service shall not be affected.
• You agree that all documents or notices may be delivered to you electronically, through your e-mail address provided upon registration. Accordingly, you recognize and acknowledge that it is your sole responsibility to update the Company with your current e-mail address and the Company shall not be liable for any claim of loss or damage for failure to receive notices.
• Subject to applicable law, all disclaimers, indemnities and exclusions in these XLKash Lending Terms of Service shall survive termination of any loan agreement(s).
• No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these XLKash Lending Terms of Service or otherwise.
• Unless expressly agreed in writing otherwise, these XLKash Lending Terms of Service set out the entire agreement between you and us with respect to your use of the XLKash Lending Facility and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.
• These XLKash Lending Terms of Service are governed by and construed in accordance with laws of the Republic of the Philippines. All matters, claims or disputes arising out of or in connection with these XLKash Lending Terms of Service, shall be submitted to the exclusive jurisdiction of the courts of Pasig City.

USER ACCEPTANCE AND DIGITAL SIGNATURE

I confirm having read and understood and agree to the foregoing XLKash Lending Terms of Service.

I have read these Terms and agree to them. By clicking the “sign up” or “connect” or “register” or “submit” button of any social media or public platforms linked to the XLKash Lending service, I understand that I am creating a digital signature, which I intend to have the same force and effect as if I had signed my name manually.