TERMS AND CONDITIONS OF USE

C Credit Financing Inc.

SEC 2022020040287-00

Certificate of Authority F-22-0020-94

9/F M1 Tower, 141 H.V. Dela Costa Street, Salcedo Village, Makati City 1227

Please read these terms and conditions of use (“Terms”) carefully. These Terms are a binding agreement between you (“you” or “User”) and the C Credit Financing Corporation (“C Credit”, “we” or “us”) and govern your use of our website located at ccredit.ph (the “Site”).

By using this site, you are stating that you have read and understand, and agree to be bound by, these terms. If you do not agree to these terms, you are not permitted to use this site.

User specifically acknowledges that its use of the Site may be subject to local, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws (collectively “Law”), including the rules and regulations of regulatory authorities, as well as restrictions imposed by various data providers, any or all of which may restrict such use. User agrees to identify and obtain any agreement, approval, license or permit which may be required for User to access or use the Site, at User's own expense.

Nothing on any Site or in any content (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Content”) thereon shall be construed, implicitly or explicitly, as containing any investment recommendations. Nothing on the Site, or in any Content, constitutes an offer of or an invitation by or on behalf of C Credit to purchase or sell any of the shares or securities of companies mentioned, nor should it be considered as investment advice.

A. Appropriate and Lawful Use of the Site.

1. You agree not to use the Site or Content:

1. a. in violation of these Terms or any Law;
2. b. to post or upload information, material or content that is false, inaccurate, or misleading;
3. c. to transmit or display any information, material or content that is illegal, abusive, inflammatory, threatening, tortious, violent, discriminatory, obscene, defamatory, invasive of another’s privacy, hateful, or otherwise objectionable or offensive, or to harass or harm C CREDIT, or another entity or individual;
4. d. to infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party;
5. e. to transmit any unsolicited or unauthorized advertising or promotional materials;
6. f. to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code;
7. g. to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
8. h. to interfere with or disrupt the Site or any software, hardware, telecommunications equipment or networks used by us;
9. i. to further or promote any illegal activity or enterprise or provide instructional information about illegal activities;
10. j. to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site; or
11. k. to interfere with other users’ use and enjoyment of the Site (for example, by spamming, advertising or offering to sell any goods or services, conducting promotions, soliciting or overly promoting personal interests).

2. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:

1. a. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
2. b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
3. c. accessing or using the Site or any portion thereof without authorization, in violation of these Terms or in violation of Law. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting people who are involved in such violations.

3. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including, without limitation, removing the offending content from the Site, suspending or terminating the access of such violators to the Site and reporting violations to the law enforcement authorities.

4. The Site may feature interactive tools, message boards, access to mailing lists and other interactive features or message or communication facilities (collectively, “Discussions”). By using such Discussions, you acknowledge and agree that the information contained therein is intended solely for general informational purposes. Any such information (including any information you provide) is provided subject to Section C hereof. We do not guarantee screening, monitoring, endorsement or authentication of the information contained in any such Discussions. User specifically acknowledges and agrees that C CREDIT is not liable for any conduct or content of any other user.

5. C CREDIT reserves the right for any reason to remove without notice any contents of the Discussions received from any users, including, without limitation, e-mail and bulletin board postings.

B. Loan Application

In applying for a loan:

1. You certify the accuracy of all the information stated in the application are true and correct to the best of your knowledge and ability.

2. The relevant consent has been secured from you by third-party service providers in gathering relevant personal data and information relative to your loan application.

3. Any misrepresentation, falsity or omission of any kind shall be construed as an act to defraud C CREDIT and shall be a ground for the denial of your loan application, or if such application has already been granted, the cancellation or termination thereof, without prejudice to any and all civil and/or criminal liability that C CREDIT may pursue against you.

4. It is the sole prerogative of C CREDIT to grant or deny your application and should the same be denied, C CREDIT is in no obligation to provide you the reason for such denial, except as may otherwise be provided by law or competent authority.

5. C CREDIT may impose such reasonable terms, conditions or requirements as it may deem necessary or proper relative to your availment of any product, service, facility, channel or any other legitimate business purpose of C CREDIT.

6. You are aware that any act or information that you furnish to C Credit Financing Inc. which are incorrect and with intent to misrepresent or defraud C Credit Financing Inc. shall be a ground for the filing of any appropriate criminal and civil actions. Should a statement/ information which was concealed at the time of your application was discovered after the loan has been granted, the same shall likewise constitute as a ground of default which entitles C Credit Financing Inc. to consider the loan as immediately due and demandable. You attest that the references indicated in the application form has unequivocally gave their consent for the conduct of loan application and if the loan is granted, the references gave their absolute consent to contact them about your status or whereabouts for collection purposes.

7. You CONSENT to and allow C Credit Financing Inc. or any of its Subsidiaries, Affiliates, Partners and accredited Third Party Service Providers to collect, retrieve, process, use and store your personal data such as my name, age, photographs, fingerprints, other biometric data (e.g., facial recognition and voice recognition), mobile number/s, mobile phone usage data, employment details, income, financial data, financial profile, credit standing, loan payment history, and other information that may be required to process the loan application.

8. You fully understand and agree that personal data will be processed for credit investigation, credit scoring, data analytics, collection, automated processing of the loan, data profiling, direct marketing of products and services of C Credit Financing Inc. or any of its Subsidiaries, Affiliates, and Partners.

9. You authorize C Credit Financing Inc. to conduct verification as well as investigation of the provided information in the application form. You expressly allow C Credit Financing Inc. including its Third Party Providers specified to collect, retrieve, process, use and store personal data such as those indicated in the application form, photos, financial documents submitted such as bank statements including the use of biometric data (facial recognition), use of mobile number and geolocation, telco score, financial details as indicated herein, credit exposure to other companies, credit checking of current and past due accounts including pending cases filed against you and other relevant personal information that C Credit Financing Inc. may require to arrive at a credit decision.

10. For the purpose of loan application, you expressly WAIVED rights under the Bank Secrecy Law and you are fully aware of your rights under the Data Privacy Act of 2012 including its Implementing Rules and Regulations.

11. You further agree that the loan application and all supporting documents and any other information obtained by C Credit Financing Inc. shall remain as property of C Credit Financing Inc. and you may no longer request for the retrieval thereof.

12. You hereby acknowledge and authorize C Credit Financing Inc. of: (a) the regular submission and disclosure of my basic credit data (as defined under Republic Act No. 9510 and its Implementing Rules and Regulations) to the Credit Information Corporation (CIC) as well as any updates or corrections thereof, and (b) the sharing of your basic credit data with other lending and financing companies authorized by the CIC and credit reporting agencies duly accredited by the CIC (c) submission of your data with AMLC as provided under SEC Memorandum Circular 29 Series of 2020.

13. You shall notify C CREDIT of any change in the information and documents provided by you.

14. You may receive updates, notices or announcements on your application, your approved loan (if applicable), amortization, payment reminder, and/or any of the products, services, facilities or channels via SMS/text, email, fax transmission, or such other means or modes of communication deemed appropriate by C CREDIT.

15. You have read and understood the Terms and Conditions herein set forth governing the products, services, facilities or channels and hereby expressly agree to the Terms and Conditions thereof.

16. The foregoing shall apply to all products, services, facilities, or channels of C CREDIT that you may avail of. C CREDIT hereby warrants to keep confidential all information and documents obtained from you relative to your application, accounts, transactions, credit relationships, credit facilities or other legitimate business purposes, except in so far as may be required by applicable laws and/or any government regulators or supervisory bodies.

17. Also you agree to give your consent to C CREDIT, including its duly authorized representatives and agents to:

1. a. Collect, use, store, consolidate and process any and all information provided by you.
2. b. Outsource the processing of information to its duly authorized third party service providers, whether within or outside the Philippines.
3. c. Verify or validate your information with any government institutions, bureaus, agencies, offices or instrumentalities, as well as any court or tribunal.
4. d. Disclose and share your information to:
   1. i. C CREDIT’s parent, subsidiaries, affiliates and related interests,
   2. ii. Credit information, investigation companies and credit bureaus such as the Credit Information Corporation (CIC, RA 9510), consumer reporting and other similar entities; Any government institutions, bureaus, agencies, offices or instrumentalities, as well as any court or tribunal, as may be required by law or competent authority,
   3. iii. Any potential transferee or assignee of C CREDIT’s rights and/or obligations under relevant contracts or agreements;
   4. iv. Third party service providers, such as but not limited to credit investigators or collection agencies engaged by C CREDIT, or for use in marketing, promotions, networks, loyalty programs and joint venture partners and other relevant external parties, whether based within or outside the Philippines (collectively the “Relevant Parties”) and
   5. v. Such other persons or entities that C CREDIT may deem necessary or appropriate to facilitate the corporation’s legitimate business purposes or those that may relate or arise therefrom, as and when the circumstances may warrant. The foregoing constitutes my/our express consent under the applicable confidentiality and data privacy laws of the Philippines and other jurisdictions and you hereby agree and consent to hold C CREDIT, including the Relevant Parties, free from any and all liabilities, claims, damages and/or suits of whatever kind and nature, that may arise in connection with the implementation and compliance with the authorization conferred by you.

18. INFORMATION WE COLLECT ABOUT YOU. Upon your application from the physical (paper) documents you submitted and from our site (in case of online application) we collect the following information such as your:

1. a. Name, address, age, birthdate, education, employment details, source of funds, specimen signatures;
2. b. Government details (such as TIN, ACR/Immigrant ID, Driver's License, GSIS, PRC, Philippine Passport, SSS, UMID, Voters ID);
3. c. Biometric details such as facial recognition, photographs from valid identification cards and selfies;
4. d. Non-personal information such as those gathered from the use of desktop, laptop or mobile devices which we will be provided with your IP address, operating system, browser type and other identifiers from the following sources: Information we received from you in applications and other forms , Information related to your transaction with us, Information provided by third parties which we engaged to conduct further verification for purposes of Credit Verification, Credit Scoring, Data Analytics, Scorecard Development, related and incidental undertakings to carry out the enumerated purposes.

19. PARTIES WHO RECEIVE INFORMATION FROM US. We may disclose nonpublic personal information about you to the following third parties:

1. a. AMLA and other Government agencies required by law;
2. b. Other financial Institutions such as CIBI, BAP, CIC, CMAP and other third-party providers;
3. c. Third party providers for legal and collection purposes in case of Account delinquency;
4. d. Communication provider (such as but not limited to SMS, call, email, chat, web apps, Globe Telecom, Inc, Smart Communications, etc.), e.g. Infobip;
5. e. Payment facilities providers (such as but not limited to SMS, call, email, chat, web apps, Globe Telecom, Inc, Smart Communications, etc.) e.g. Dragonpay;
6. f. Banks (such as but not limited to SMS, call, email, chat, web apps, Globe Telecom, Inc, Smart Communications, etc.) e.g. BDO, UnionBank

20. DISCLOSURE OF INFORMATION TO THIRD PARTY PROVIDERS. We engage the services of Third Parties to help us arrive at a more competitive credit decision. However, we only transact with parties that have high regard to confidentiality and security of our client’s personal information. We engaged providers of Financial Technology and as a result shared with them the details gathered from you.

21. PROTECTION OF YOUR INFORMATION. We give high regard to confidentiality and security of your information. We have secured a tier of access of our employees to our database and physical as well as electronic security measures in compliance with the Data Privacy Act of 2012.

We take all precautions to protect every user’s information. This information submitted to us is protected and available only to our duly authorized customer care agents or service representatives, who are highly trained and up to date on current security and privacy practices.

22. RETENTION OF YOUR INFORMATION. In accordance with Rule 9.B of 2016 Implementing rules and Regulations of RA 9160, we are mandated to hold your nonpublic personal information for five (5) years from the date of termination of your account. Save in cases when you are subject of a case where your nonpublic personal information must be retained and safely kept beyond the five-year period until the same is confirmed by AMLC Secretariat.

C. Our Content and Proprietary Rights.

1. As between you and us, we own all content developed or acquired by us (“C Credit Content”), including but not limited to our selection and arrangement of Third Party Content (as defined below), but excluding Third Party Content itself. C Credit Content is protected under Philippines and international copyright Laws and is subject to other Laws. In addition, the “C CREDIT” names and logos, as well as certain other of the names, logos, designs, slogans and materials displayed in or through the Site constitute registered and unregistered trademarks, trade names or service marks of us (collectively, the “Marks”).

2. As between you and us, ownership of the Marks and the goodwill associated with them remains with us. We authorize you to view or download a single copy of a reasonable amount of Content from the Site, solely for your personal, noncommercial use. You are not authorized to use any of C Credit Content or the Marks other than as expressly provided in these Terms or as expressly licensed to you. You must abide by all rights, notices, information, or restrictions contained in or attached to any of C Credit Content and must not remove any trademark, copyright, or other notice from the Site or any of C Credit Content. We reserve the right to remove any of C Credit Content in our sole discretion, without notice.

3. As between you and us, the technology and software underlying the Site is our property (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

4. Any rights not expressly granted in these Terms are reserved by C CREDIT.

D. Third Party Content (Including Your Content).

1. C Credit bears No Responsibility for Third Party Content. We will not be liable in any way for any content or materials of any third parties (including users) (collectively, “Third Party Content”). We do not control any Third Party Content on the Site and do not guarantee the availability or display of any Third Party Content. We reserve the right to remove any Third Party Content at any time in our sole discretion. Any opinions, advice, statements, views, positions, services, offers, or other Third Party Content expressed or made available on the Site are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or positions.

2. Your Content. If you submit information or material through any means (collectively, “Your Content”) to the Site, you, to the extent you have any rights in such information or material, grant C CREDIT, and our or their members, business partners and service providers and each of their and our respective licensees, successors and assigns a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferrable and fully sub-licensable right to use, exploit, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, display and otherwise disclose to third parties Your Content throughout the universe in any media whether now known or hereafter devised. You grant us and our sub-licensees the right to use the name, screen name, city or zip code, and other biographical information that you submit in connection with Your Content, if we or they choose. You represent and warrant that: (i) you own or otherwise control all of the rights to the content that you post, including any intellectual property or other proprietary rights other than content that you clearly identify as Third Party Content, e.g., links to third party websites; (ii) Your Content is accurate; (iii) neither Your Content nor your posting or submission of Your Content violates any of these Terms, including, without limitation, the prohibitions on use of the Site set forth above; and (iv) neither Your Content nor your posting or submission of Your Content will cause injury to any person or entity, including posing any privacy or security risk.

E. Third Party Services and Sites.

Portions of the Site may allow you to use third party products and services, which may include without limitation social networking services, and the Site may contain links to third party websites or resources (such products, services, websites, and resources, collectively “Third Party Services”). We are not associated with and do not control such Third Party Services and such links are provided for your convenience only. Your use of Third Party Services is subject to the policies and agreements applicable to such Third Party Services. We do not approve or endorse any Third Party Services, their content, or any views expressed on any Third Party Service. C CREDIT has no responsibility to you for any Third Party Services.

F. Linking to Our Sites.

If you wish to link to the Site, you may include an active link on any website you control directing a browser to that Site. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part with respect to your site or any of its content or for your entity or its business or mission. You may not link to or otherwise provide access to the Site in any way that alters the look, feel, or functionality of any aspect of the Site.

G. Infringement Claims.

We respect the intellectual property rights of others. Accordingly, we have a policy of removing Third Party Content that violates copyright, trademark, or other intellectual property Law, suspending access to all or any portion of the Site to any user who uses the Site in violation of any such Law, and/or terminating in appropriate circumstances access to the Site and the account (if any) of any user who uses the Site in violation of any such Law. If you believe that any contributions of other users violate your copyright, please see our Copyright Statement for instructions on sending us a notice of copyright infringement.

H. Indemnity and Release.

You agree that you will release, indemnify and hold harmless us, and each of our or their business partners, content providers, licensors and service providers, and any of our or their respective officers, directors, shareholders, employees, contractors, representatives, or agents (collectively, the “C CREDIT Parties”) from and against any and all claims, actions, losses, damages, costs, fees and expenses (including attorneys’ fees) arising out of or relating to: (i) your use of the Site, (ii) Your Content, (iii) your connection to the Site, (iv) your violation of these Terms, or (v) your violation of any rights of another. You waive any rights and benefits you may have or that may accrue to you under any Law providing that a general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor, or something substantially similar. The C CREDIT Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of the indemnified C CREDIT Parties.

I. Disclaimer of Warranties.

You understand and agree that use of the site, our content, any third party content, or any third party services is at your sole risk. The site is provided on an “as is” and “as available” basis. The c credit parties disclaim all representations and warranties of any kind, whether express, implied, or statutory, with respect to the site, our content, any third party content, or any third party services (including, but not limited to, the implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, quiet enjoyment, and non-infringement). In particular, the c credit parties do not represent or warrant that any information or other content obtained or viewed by you as a result of your use of the site will be accurate, complete or reliable, that your access to the site or content will be uninterrupted, free of malicious code or error-free, or that defects will be corrected. C credit disclaims all liability and responsibility arising from any reliance placed by anyone on any content of the site. The c credit parties disclaim all equitable indemnities.

J. Limitation of Liability.

In no event will any of the c credit parties be liable under any theory of liability for any direct, indirect, incidental, special, consequential, personal injury/wrongful death, punitive, or exemplary damages (even if such parties knew of or should have known of the possibility of such damages), including, but not limited to, as a result of: (a) your use of or inability to use the site, any websites linked to it, or any services or items obtained through the site or any other websites, (b) any of our content, any third party content, or any third party services available through the site or (c) any loss of data. Should any c credit parties be found to be liable to you or any third party notwithstanding the foregoing and section o such liability will not exceed php 5,000.00 in the aggregate.

K. Exclusions and Limitations.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of the C CREDIT Parties will be the minimum permitted under such applicable Law.

L. Refusal of Service; Modification of Sites; Termination.

We reserve the right to refuse service, deny access, disable or prohibit logins, remove or edit Content (including Third Party Content), limit access to Content, or modify or discontinue the Site or features on the Site in our sole discretion. We reserve the right to provide existing or additional optional services for a fee. Without limiting the generality of the foregoing, we may terminate, suspend, or modify your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable Law or is otherwise harmful to the interests of us, any other user of the Site, or any third party.

M. Modifications to Terms.

We may update or change any of the terms and conditions contained in these Terms at any time and in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. If any modification is unacceptable to you, your only recourse is to terminate your use of the Site. Your continued use of the Site following our posting or emailing of a change notice or revised Terms as provided in this section will constitute your binding acceptance of the change. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

N. Disputes.

These Terms and the relationship between us will be governed by the Philippine Laws, without giving effect to any choice or conflict of law provision or rule. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may only resolve disputes with us on an individual basis and may not bring and expressly waive bringing a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

O. Preservation of Immunities.

Nothing in these terms shall be construed as a limitation upon or a waiver, renunciation or modification of any immunities, privileges or exemptions of C CREDIT accorded under its Articles of Agreement, international convention or any applicable law. Such immunities, privileges or exemptions are specifically reserved.

P. Electronic Communications Notice.

When you use the Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the Site. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you do not grant us or wish to withdraw your consent for us to communicate with you electronically, you may not use the Site.

Q. Mobile Site.

The Site may include certain services that are available via a mobile device, including (i) the ability to upload content to the Site via a mobile device and (ii) the ability to browse the Site from a mobile device (collectively, the “Mobile Site”). To the extent you access our Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain elements of the Mobile Site may be prohibited or restricted by your carrier, and not all aspects of the Mobile Site may work with all carriers or devices. By using the Mobile Site, you agree that we may communicate with you by electronic means and that certain information about your usage of the Mobile Site may be communicated to us.

R. Related Agreements and Policies.

1. 1. Privacy Policy. You agree that we may use any information we obtain about you in accordance with our Privacy Policy. These Terms incorporate by reference the terms and conditions of the Privacy Policy.
2. 2. Copyright Statement. By using the Site, you accept and agree to be bound and abide by the Copyright Statement, incorporated herein by reference.
3. 3. Additional Terms. Some of the Site, or portions of the Site, may be subject to additional terms (“Additional Terms”), which will be described in separate policies posted on the Site. The Additional Terms will supplement these Terms and will control over any conflict between the Additional Terms and these Terms with respect to the Site, or portions thereof, subject to the Additional Terms.

S. Miscellaneous.

These Terms, together with the Privacy Policy and any Additional Terms constitute the entire and exclusive agreement between us with respect to their subject matter, and govern your use of the Site, superseding any prior agreements or negotiations between us with respect to that subject matter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by C CREDIT of any provision of these Terms shall be binding except as set forth in a writing signed by its duly authorized representative. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.