By accessing or using the Cash Mart Philippines (the “Company”) on the website, mobile application, or other related digital medium or media (each and collectively the “Site”), you acknowledge that you have read, understood and agree to be bound by these Terms of Service. This agreement is effective upon your use of the Site, establishing a binding agreement between you and Cash Mart Philippines. If you have any concerns or questions regarding these terms, we encourage you to contact our support team for further assistance or refrain from using this Site.
This Site is intended solely for the use of:
By creating and maintaining an account with the company, you represent and warrant that you possess at least one of the foregoing eligibility requirements in the case of a Borrower. You likewise expressly authorize the Company to use necessary means to verify your identity. It includes sharing information, personal and non-personal, you have provided with any third-party service provider and/or data controller for the purposes of doing the verification.
In creating your account or applying to become a borrower, you warrant and agree to provide the actual, current, complete, and accurate information about yourself in the registration or application form. It is necessary for purposes of availing services under the Company. Suppose any information you provide is untrue, inaccurate, not current, or incomplete. In that case, we reserve the right to cancel your registration, reject any application you have submitted, and restrict your future use of this Site and our products and services for violation of these Terms of Service. The Company also reserves the right to reject any registration, deny access to the Site and/or decline any loan application in violation of these Terms of Service.
Prior to registration and use of this Site, it is vital for you to know that the services can only be provided if you agree to disclose relevant employment, financial, and transactional information. It includes compliance with our Know Your Customer requirements (“KYC”). Also, it may be obtained by the Company, on your behalf, from all relevant sources. These are third parties, government agencies, and service providers, among others, on your behalf and pursuant to your instruction and authorization.
Personal data may be shared with third-party processors for specific purposes such as credit checks and loan processing. All third parties are bound by strict data protection agreements to ensure that your information is handled with the same level of care as provided by us.
These are your personal information, transactions and interactions, and any other information you may have disclosed or shared with such data controllers (“Third Parties”). The third parties shall include but are not limited to the Credit Management Association of the Philippines (CMAP), Credit Information Corporation, and Cash Mart’s service providers. They will process the KYC process. Our third-party partners and suppliers are likewise bound by a strict confidentiality obligation in order to protect your personal information.
The information obtained from Third Parties shall be included as part of your profile on this Site. It is for the purpose of providing you with the appropriate services, development, and determination of your credit score, credit profile, credit history, borrower profile, and history, or such other information and profiling. It is necessary and desirable in the assessment of your participation in the Site as a borrower.
Without limiting the above, this authorization includes the instruction for the Company to obtain the following information from Third Parties at the time of registration and periodically thereafter:
For each loan application, your authorization includes the instruction for the Company to obtain the following information from the Third Parties:
By using our services, you give clear and affirmative consent for us to process your personal data as described in this policy. You may withdraw your consent at any time by contacting us through the provided channels. In addition, it is part of your profile on this Site for the purpose of providing you with the appropriate services, development, and determination of your credit score, credit profile, credit history, borrower profile, and history, or such other information and profiling. It is necessary and desirable in the assessment of your participation in the Site as a borrower. Furthermore, you hereby further authorize the Company to combine, consolidate or comingle your personal information received from the Third Parties. These are the information you’ve provided on this Site and information that has been or will be obtained from other sources.
Please review and indicate your agreement to the Authorization and Special Power of Attorney. If you disagree with any part of its scope, coverage, or purpose, or if you have any reservations, please refrain from using this site and contact our support team for further assistance.
We collect the following types of personal information:
Purpose of Collection and Use
We collect and use your personal information for the following purposes:
We retain your personal information for as long as necessary to achieve the purposes outlined, comply with legal obligations, or for legitimate business purposes. We implement appropriate security measures to protect your information from unauthorized access, alteration, disclosure, or destruction
The Personal Information may be:
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, a 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.
By submitting content to the Site, you expressly agree to the following:
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 Site (“Unique User Credentials”). By creating and maintaining your account, you agree to honor all activities performed, and obligations contracted using your account.
You agree and confirm that any use of your Unique User Credentials shall at all times be presumed to be accessed 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 created, committed, and performed by you.
If there is an unauthorized use of your account or a breach of its security, you hereby undertake to notify the Company of the relevant circumstances thereof immediately.
The Company will not be liable for any loss that you may incur as a result of someone else using any of your accounts 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.
We take the security of your personal information seriously and implement comprehensive measures to safeguard it against unauthorized access, alteration, disclosure, or destruction. Our security practices include:
You agree to abide by all applicable terms and conditions, laws, and regulations in your use of the Site, its products, and services. In addition, you agree that you will not do any of the following:
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 the 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. Also, the Company does not guarantee and promise any specific results from the 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. In addition, 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.
Your use and availing of the products and services on the Site may be conditioned on your agreement to certain contracts and authorizations. By signifying your consent and permissions therein, you agree to be bound by the terms and conditions thereof. Such contracts and authorizations shall be deemed valid and voluntarily executed by you. Upon request, the Company may furnish you with electronic copies of such documents.
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 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 the 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. In the event of a data breach, we will promptly notify affected data subjects and the National Privacy Commission if the breach poses a risk to your rights and freedoms. Our breach response plan ensures timely and effective action to mitigate any potential harm.
You shall be liable for any loss or damage suffered by the Company and/or its users as a result of your:
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 any 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.
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 of/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.
I confirm having read and understood, and agree to the foregoing Terms of Service. By accepting this Terms of Service and the Privacy Policy, you signify your express consent in accordance with Republic Act No. 10173, otherwise referred to as the Data Privacy Act of 2012 and its Implementing Rules and Regulations (promulgated 24 August 2016), Republic Act No. 9510 otherwise known as the Credit Information System Act, as well as other applicable confidentiality and data privacy laws of the Philippines. You agree to hold the Company, its officers, directors, and stockholders free and harmless from any and all liabilities, damages, actions, claims, and suits in connection with the implementation or processing of Personal Information in relation to your consent or authorization under these Terms of Service.