By using, accessing or browsing the MoneyTochka (the “Company”) on the website, mobile application, or other related digital medium or media (each and collectively the “Site”), you signify that you have read and understood these Terms of Service and agree to be bound by the same. Upon your use of the Site, these Terms of Service shall be a binding agreement between you and MoneyTochka. If you do not agree, do not fully understand or have reservations with respect to any provision of these Terms of Service, please exit this Site.
You agree that the following personal information (hereinafter referred to as "Personal Information"):
- Full name, permanent and residential address, contact number/s, email address, birth date and/or age, employment information, bank account details, credit card and/or financial account information, financial history, transaction history, purchase history and details of government-issued ID;
- 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 Site;
- information from third parties including information obtained, upon your authorization, from your employers (“Employment Information”), and transaction, financial and credit history stored by third parties (“Transaction and Credit Information”); and
- traffic and usage information generated from your visits to the Site.
- The Personal Information may be collected through the following means: cookies, flash cookies, general log information, information obtained from your employer, information collected from your service providers, information collected from third party credit bureaus, credit consolidators and referral information from third-party websites.
- The Personal Information may be disclosed to the following: (a) the Company’s affiliates and subsidiaries, agents (including collection agencies), and subcontractors, which are necessary for the conduct of the Company’s business and on a need-to-know basis; (b) third party providers who require the information to facilitate the loan, including but not limited to the payment, remittance, credit check (credit bureaus, service providers, service history, bank history, financial history, spending history, among others), background check, or processing of loan to the borrower, payments, agent of the borrower, transfer of the loan to a third party (i.e. financing company, monetary authority); (c) the government, regulatory agencies, and fraud prevention agencies for the purposes of identifying, preventing, detecting or tackling fraud, money laundering, or other crimes, and for other lawful purposes; and (d) other entities as may be required by law or as public interest may warrant. In the event that your Personal Information is shared to any third party for the purposes described above, such sharing shall be subject to a data sharing agreement or an outsourcing agreement which shall require, among others, that such third party is bound to exercise the same diligence in the protection of such Personal Information. In the event that you wish to withhold your consent to any such processing or sharing, such request shall be deemed as a request for the deletion of your account and the consequent termination of your transactions in accordance with the terms and conditions of the agreements you accepted and executed.
- The Company may use your Personal Information or other internet usage data as the Company may require in connection with the conduct of the Company’s business, such as, but not limited to: (i) identify you as user of the Site; (ii) contact you in relation to your registered account/s or requested information; (iii) processing registration of your account/s as part of screening of the investors, borrowers, and loan applications; (iv) user profiling; (v) generation of a credit score; and (iv) to maintain internal records.
- The Company shall retain your Personal Information for the duration of your registration with the Site and for so long as you have current activities and transactions in connection with the products and services you have availed of in the Site; for the establishment, exercise or defense of a legal claim; for legitimate business purposes; or in instances required by law. Your Personal Information shall then be disposed in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interest.
You hereby acknowledge that you have read and understood the above and agree and consent to the collection, use, storage, processing (including the development of a credit score and user profiling) disclosure, and sharing of the information you have provided or collected from third parties (independently or in your behalf), to the Company’s affiliates and subsidiaries, agents (including collection agencies), and subcontractors, including third parties, such as but not limited to, third party purchaser of a delinquent loan, third party data processors, credit bureau, credit organization, data aggregator, third party service provider, which you acknowledge and confirm is necessary and required for the effective use and access of the Site and its services.
The products and services on the Site are provided “as is” and without any representation or warranty. To the fullest extent permissible under applicable laws, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, availability, payment or realization of transactions.
The Company does not warrant the accuracy, adequacy or completeness of the information provided on the Site and expressly disclaims liability for any errors or omissions in such information. The Company does not guarantee and promise any specific results from use of the Site and its products and services.
The Company shall not be responsible for what users post on the Site or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content uploaded by other users on the Site. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or its products or services.
The Company is not responsible for the accuracy of the information, content, products or services offered by, or the information practices employed by sites linked to or from the Site. Since third party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.
The Company may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of these Terms of Service.
Termination of your access to and use of the Site 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.
To the fullest extent permitted by applicable law, in no event shall the Company, its directors, officers, representatives, agents, or assigns be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including, without limitation, any damages caused by or resulting from reliance by user on any information obtained from the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance. You expressly agree that your use of the Site 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 member of the Site, except where such loss or damage arises from our breach of these Terms of Service or was caused by gross negligence, willful default or fraud by the Company or employees. The Company shall also not be responsible for any breach of these Terms of Service arising from circumstances outside our reasonable control.
The design, trademarks, service marks, and logos of the Site (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the laws of the Philippines, foreign laws and international conventions. You may not use, copy, or distribute of any of the Marks found on the Site unless otherwise expressly permitted.
The Company reserves the right to make changes to these 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 Site.
Your use of the Site 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 using the Site.
- In the event that any provision of these 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 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 Terms of Service shall survive termination of this agreement.
- 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 terms and conditions or otherwise.
- Unless expressly agreed in writing otherwise, these Terms of Service set out the entire agreement between you and us with respect to your use of the Site and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.
- These Terms of Service are governed by and construed in accordance with Philippine law. All matters, claims or disputes arising out of or in connection with these Terms of Service, shall be submit to the exclusive jurisdiction of the courts of the City of Taguig.
By accepting these Terms of Service, you understand that you assume the risk of non-payment. To mitigate this risk, the Company may, to the extent possible, assign any loan that is in default under the applicable loan document, a Non-Performing Loan (hereinafter “NPL”), to a third party, in each case endeavoring that you shall receive the unpaid principal, interest, and penalties which you are entitled to receive under the terms and conditions of the Loan.
In accordance with the above, you hereby authorize and designate the Company, as your authorized representative and attorney-in-fact to assign, sell, or otherwise dispose/assign the NPL to a third party, upon prior notice. The Company will inform you, via email of such assignment and shall credit the unpaid principal, interest, and penalties to your account on record.
This Cookies Policy is constantly updated that’s why we recommend its periodic review.Below you will find detailed information about what cookies are, what kind of cookies this website uses and how you can deactivate them in your browser.