2.1. This is an agreement between Fintechnologies Inc.,
("Company"), the owner and operator of www.fundko.com
(the "Site"), and you ("you" or "You"), a user of the
Site. By using the Site you acknowledge and agree to
incorporated. If you choose to not agree with any of
these terms, you may not use the Site.
3. Changes to Terms of Service
3.1. Right to Change Terms. The Company reserves the
right, in its sole discretion, to change these Terms of
Service ("Updated Terms") from time to time.
3.2. Notice of Updated Terms. Unless the Company makes
a change for legal or administrative reasons, the Company
will provide reasonable advance notice before the Updated
Terms become effective. You agree that the Company may
notify you of the Updated Terms by posting them on the
3.3. Acceptance of Updated Terms. 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
3.4. Effective Date of Updated Terms. The Updated Terms
will be effective as of the time of posting, or such later
date as may be specified in the Updated Terms, and will
apply to your use of the Site from that point forward.
4. General Terms.
4.1. These Terms of Service (“Terms”) set out -
4.1.1. how the Service (as defined below) works;
4.1.2. how to become a member of the Service asa borrower and/or a lender; and
4.1.3. how you may use the Site provided and maintained by the Company.
5. Use of Site
5.1. License. During the term of this agreement, the
Company grants you a limited, non-exclusive,
non-transferable license to access the Site for your
use in accordance with the Terms of Service.
5.2. Intellectual Property Rights. 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. The Company reserves all
rights not expressly granted in and to the Site. You
agree to not engage in the use, copying, or distribution
of any of the Site other than expressly permitted.
5.3. User Conduct: You may not engage in any of the following prohibited activities:
5.3.1. copying, distributing, or disclosing any
part of the Site in any medium, including without
limitation by any automated or non-automated "scraping",
5.3.2. using any automated system, including without
limitation "robots," "spiders," "offline readers,"
etc., to access the Site,
5.3.3. transmitting spam, chain letters, or other
5.3.4. attempting to interfere with, compromise
the system integrity or security, or decipher any
transmissions to or from the servers running the Site,
5.3.5. taking any action that imposes, or may
impose at our sole discretion an unreasonable or
disproportionately large load on Site infrastructure,
5.3.6. uploading invalid data, viruses, worms,
or other software agents through the Site,
5.3.7. collecting or harvesting any personally
identifiable information, including account names,
from the Site,
5.3.8. using the Site for any commercial solicitation purposes,
5.3.9. impersonating another person or otherwise
misrepresenting your affiliation with a person or
entity, conducting fraud, hiding or attempting to
hide your identity,
5.3.10. interfering with the proper working of the Site,
5.3.11. accessing any content on the Site through
any technology or means other than those provided or
authorized by the Site,
5.3.12. disguising or interfering in any way with
the IP address of the computer you are using to access
the Site or otherwise take steps to prevent us from
correctly identifying the actual IP address of the
computer you are using, or
5.3.13. bypassing the measures we may use to prevent
or restrict access to the Site, including without
limitation features that prevent or restrict use or
copying of any content or enforce limitations on use
of the Service or the content therein.
5.4.1 Ads appearing on the Site may be delivered
to users by advertising partners, who may set cookies.
These cookies allow the ad servers to recognize your
computer each time they send you an online advertisement
in order to compile information about you or others
who use your computer. This information allows ad
networks to, among other things, deliver targeted
advertisements that they believe will be of most
interest to you. These Terms and Conditions cover our
of cookies by any advertisers, each of whom maintain
6. Your Account
6.1. Account Creation. You must complete the registration
process by providing the Company with current, complete,
and accurate information as prompted by the applicable
registration form. You also will choose a password and a
6.1.1. As a member of the Site, you make the following initial and continuing representations, warranties and undertakings throughout the lifetime of your account:
22.214.171.124. You are an individual, sole proprietorship,
or the duly authorized representative of a
corporation, branch office or partnership.
126.96.36.199. You are at least 18 years of age or
over and capable of taking responsibility for your
own actions, and are fully capacitated to enter
into legally binding agreements.
188.8.131.52. If you are a corporation, branch
office, or partnership, you must be registered
with the Philippine Securities and Exchange
Commission (SEC) and have a permanent place of
business in the Philippines, and that the account
holder is the duly authorized representative of
the entity, capable to contracting or funding loans.
184.108.40.206. If you are a sole proprietorship, you
must be duly registered with the Department of Trade
and Industry (DTI)
6.1.2. The representations and warranties set out
in above are of a continuing nature forevery day that
youraccount is active. You hereby authorize the Site
without any liability whatsoever to suspend your
Account if, in the opinion of the Site, we believe it
is being misused. In this event we will contact you
as soon as possible in order to resolve the issue.
6.1.3. You undertake not to take or permit any
action to be taken that may cause such representations
and warranties to be untrue or inaccurate. If at any
time any of the above representations and warranties
are no longer true or accurate, you shall contact the
Site at [EMAIL ADDRESS]within five (5) days and explain
which representations and warranties are, or may, no
longer be true or accurate.
6.1.4. You authorize us, at any time, to use any
means that we consider necessary to verify your identity
with any third party providers of information, which include but not limited to credit bureaus, credit information service companies or special accessing entities (SAEs) with the Credit Information Corporation (“CIC”).
6.2. Use of Information.
By registering for an account with us, you are
accepting the terms of these Terms and Conditions and
consenting to our collection, use, disclosure,
retention, and protection of your personal information
as described herein.
6.3. Personally Identifiable Information.
By registering for an account with us, you are
accepting the terms of these Terms and Conditions and
consenting to our collection, use, disclosure,
retention, and protection of your personal information
as described herein.
6.3.1. your name, address, phone number, birth date,
email address, credit card, or other financial account
information pertaining to any potential Loan Offer or
6.3.2. other information that you provide to us
but that does not identify you personally, such as
records of your visits and information that you submit
when using the Website,
6.3.3. information from third parties, and
6.3.4. traffic and usage information generated
from your visits to the Website, including the type
of device that you use to access it.
6.4. Methods for Collecting Personally Identifiable Information.
We may use one or more of the following technologies
to collect Personally Identifiable Information and
other information: cookies, flash cookies, general
log information, and referral information from third-party
websites. We may also use tracking technologies to
collect information about your visits over time and
across third-party websites or other online services.
6.5. Disclosure of Information.
6.5.1. to our agents and subcontractors, acting
for us or for other lenders, for any of the purposes
described in these Terms and Conditions, which include but not limited to credit bureaus, credit information service companies or special accessing entities (SAEs) with the Credit Information Corporation (“CIC”).
6.5.2. to law enforcement agencies and fraud
prevention agencies for the purposes of identifying,
preventing, detecting or tackling fraud, money
laundering and other crime, which include but not limited to credit bureaus, credit information service companies or special accessing entities (SAEs) with the Credit Information Corporation (“CIC”).
6.5.3. to meet our obligations to any relevant
regulatory authority; and
6.5.4. if we have to by law or it is in the
6.6. Responsibility for Account.
You are entirely responsible for maintaining the
confidentiality of your password and account.
Furthermore, you are entirely responsible for any
and all activities that occur under your account,
including, but not limited to, the contracting of
obligations on your behalf, which you hereby agree
to honor. You agree to notify the Company immediately
of any unauthorized use of your account or any other
breach of security.
6.7. Liability for Account Misuse.
The Company will not be liable for any loss that
you may incur as a result of someone else using your
password or account, either with or without your
knowledge. You could be held liable for losses
incurred by yourself, the Company or another party
due to someone else using your account or password.
6.8. Use of Other Accounts.
You may not use anyone else's account at any
time, without the permission of the account holder.
7. Account Security.
The Company cares about the integrity and security
of your personal information. However, the Company
cannot guarantee that unauthorized third parties will
never be able to defeat the Site's security measures or
use any personal information you provide to us for
improper purposes. You acknowledge that you provide
your personal information at your own risk.
8. Information on Loans.
8.1. All Loan Offers by Borrowers will remain open for
acceptance by Lenders until either it is withdrawn by the
Borrower or a Loan Contract is formed between a Borrower
and Co-Lenders, as applicable.
8.2. All loans shall be made solely by and between
Borrowers and Lenders, and shall be the sole responsibilities
of the actual parties thereto, without any participation
from the Company, save for the explicit exceptions herein
and in the Loan Document.
8.3. Any errors with respect to you’re a Borrower’s
Account or any calculations with respect to any Loan Offer
submitted for a lender’s consideration should be corrected
immediately. However, should the Loan Offer be accepted
without correction, it is presumed that the error is
acceptable the parties agree to be bound by the terms
thereof. We reserve the right to remove from the Website
any Loan Offer which are the subject of any error prior
to its acceptance.
8.4. A Loan Offer will only be valid and open for
acceptance if it is made in accordance with our Terms &
8.5. Any Loan Application we suspect that may be in
breach of these Terms & Conditions may, at our absolute
discretion, be withdrawn. We reserve the right in these
circumstances to require Borrowers to repay any outstanding
8.6. You are responsible for the information that you
provide to us concerning each Loan Application that you
make, whether as a Borrower or Lender. Subject to the
checks described in the Borrowing Process and sections of
these Terms and Conditions, we will not enquire into the
reasonableness of any Loan Offer that is accepted by the
parties thereto. We will not be liable for incorrect
entries made by you on the Site, including data input
errors with respect to the details of any Loan Offer.
8.7. You appoint the Company as your agent: (i) for
the communication of any Loan Acceptance, whether as
Borrower or Lender; (ii) for receipt of communications of
acceptance of any Loan Applications; (iii) to be the
collection agent for any Lender/s for outstanding loans;
and (iv) to execute on your behalf any agreements or deeds
in relation to matched and accepted Loan Offers including,
without limitation, the Loan Contract.
9. Service Fees
9.1. In consideration for operating and providing
members with access to the Site, the Company will be
paid a commission and may levy other payments from time
to time (Fees), and these shall be detailed in the Pricing
page here .
9.2. Any Fees owed to us will be rounded to the nearest
two decimal places.
10. You As A Lender
10.1. You agree to the processes for becoming a Lender
as fully described here.
10.2. You understand and agree that you may fund only 10% or less
of any particular loan to a Borrower.
10.3. When assessing an application for a Loan, the
Credit Score provided by the Site is only a guide that is
calculated sole from information provided for by the Borrower,
and that the Companyprovides absolutely no warranty and/or
guaranty on the accuracy of the information used to generate
the Credit Score nor does the Company make any guarantees
on the performance of the Borrower in servicing the Loan.
Moreover, the Credit Score is merely one of the tools in
order for you to make an informed decision whether or not
a Loan Offer is a sound investment and does not replace
the exercise of your own due diligence in your decision
to be a Lender at any one time.
10.4. You should only agree to be a Lender if you fully
intend to abide by the terms and conditions of the
subsequent Loan Document to be generated. Once the offer
from you and your other co-lenders have been made and the
Loan has been fully funded, the corresponding contract is
binding and enforceable by law.
10.5. You agree that, as a Lender, in every loan you
participate in, your co-lenders shall remain anonymous
to each other, and that only the Borrower shall know who
all of the co-lenders will be, and you further agree that
any attempt to find out who your co-lenders are shall be
deemed a violation of the Terms and make you liable for
damages to the Company.
10.6. You likewise constitute the Company as your sole
and exclusive agent for the collection of any outstanding
loans on your behalf, to the exclusion of yourself, unless
it clearly appears that the Company is unable, or unwilling
to take any action on collection within thirty (30) days
from the time that the loan, or any of its payments, are
due and demandable.
10.7. Any and all taxes arising from the income of your
investment as a Lender shall be your sole responsibility
and no amounts will be withheld by the Company for this
11. You As A Borrower
11.1. You agree to the processes for becoming a Borrower
as fully described here .
11.2. You understand and agree that any loan you apply
for shall be funded by __ or more Lenders.
11.3. When assessing your application for a Loan, the
Credit Score provided by the Site as described above shall
be taken from information that you provide, and, in this
connection, is only a guide that is calculated solelyfrom
information provided for by you, and, thus, you are
providing "written instructions" in accordance with
Republic Act 10173 and you authorize and instruct the
Company to obtain, monitor, and compile your credit
information in order to provide the Credit Score for your
loan application to you and for its publishing on the Site.
11.4. This Credit Score is for informational purposes
only, and is intended to provide helpful and informative
material on the subjects addressed. The Company does not
provide legal or accounting advice and any information you
obtain through this Service should not be perceived as
such. The Company does not control your credit score,
which is a statistical analysis of information contained
in your file, and we cannot change that information for
you even upon your request.
11.5. You agree that the Credit Score is provided for
informational purposes only and is intended to provide
helpful information concerning the subjects that it
addresses. You agree that by processing your request for
the Credit Rating as provided herein, the Company and its
affiliates are not acting as a credit reporting agency or
a credit repair organization and are not offering to sell,
provide or perform any service to you for the express or
implied purpose of either improving your credit record,
credit history or credit rating or providing advice or
assistance to you with regard to improving your credit
record, credit history or credit rating.
11.6. The Company does not and will not make loans or
credit decisions based on the information delivered to you
through this Service. Since everyone's financial circumstances
are different and can change daily, rates and terms offered
by the Company will be determined by obtaining a new Credit
Score at the time of application. In addition, currently
held rates and terms cannot and will not be adjusted based
on information displayed within this Service.
11.7. In the course of generating and managing your Loan
Contracts, and operating Your Account and the Site, we may
also send to lenders and their assignees, or to borrowers,
as the case may be, certain transactional data (for example,
Site Identification Number, name, loan amount and repayment
details) but not your personal address or payment details.
11.8. We may at any time, without notice to you, set off
any liability owed to us or to our members by you, including
(without limitation) in relation to any Account in your name
or which we believe to be under your control, against any
funds held in another Account in your name or which we
believe to be under your control.
11.9. Notwithstanding anything or any agreement to the
contrary, in furtherance of Clause 11.3. and for verification
purposes, by accepting these terms and conditions you hereby
signify your written and unconditional consent to, as defined
under the provisions of R.A. 10173, and thus authorize your
employer or any of its representatives, assigns, heirs or
other employees to disclose any information about you, your
employment and status, such as but not limited to your
personal information, your salary, compensation details,
employment status, tenure and other matters relative to your
use of Fundko’s service, as well as your continued use of
11.10. You likewise agree that your continuous use of this
website and the services offered by Fundko shall be
considered as your continuous and unconditional consent to
any and all the disclosure of information, personal or
otherwise, referred to under these terms and conditions.
12. User Content
12.1. Content Ownership. You retain all ownership
rights to content uploaded to Site.
12.2. Content License. By submitting content to Site,
you grant the Company a worldwide, non-exclusive, royalty-free,
sublicenseable, and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform
the content in connection with the Site and the Company's
(and its successors' and affiliates') business, including
without limitation for promoting and redistributing part
or all of the Site (and derivative works thereof) in any
media formats and through any media channels.
12.3. We and other organizations may access and use
from other countries the information recorded by credit
reference and fraud prevention agencies for the purposes
of assessing lending risks and identifying, preventing,
detecting or tackling fraud, money laundering and other
12.4. You agree that we may transfer your information
abroad to countries whose data protection laws are less
strict, and less protective of your rights, than in the
Philippines which include but not limited to credit bureaus, credit information service companies.
12.5. By submitting personal information to the Company,
you agree that it may be used in all the ways described
in these Terms and Conditions. We will not be liable for
any use or misuse of your personal data by others, but
you agree to inform us promptly of any misuse of your
Account or the Site of which you are aware.
12.6. Under the Republic Act 10173, you have a right of
reasonable access to certain personal records we hold
about you which you can make by contacting us by telephone,
by email or in writing. A fee may be payable, but we will
not charge you until we have told you how much the fee is
and what it is for, and you have told us you still want
12.7. We do not disclose your Information to any other
members other than as set out in these Terms and Conditions,
unless it is necessary to enforce any of your Loan Contracts
to obtain repayment. If you receive such information, you
agree not to use it, other than in communications with us
about your Loan Contracts.
The Site may contain links to third-party websites or
resources. You acknowledge and agree that the Company is
not responsible or liable for: (i) the availability or
accuracy of such websites or resources, or (ii) the content,
products, or services on or available from such websites
or resources. Links to such websites or resources do not
imply any endorsement by the Company of those websites or
resources. You acknowledge sole responsibility for and
assume all risk arising from your use of any such websites
14. Third Party Content.
Through the Site, you will have the ability to access
and/or use content provided by third parties. The Company
cannot guarantee that such third party content will be free
of material you may find objectionable or otherwise. The
Company disclaims any responsibility or liability related
to your access or use of any third party content.
15. Copyright Policy.
The Company respects the intellectual property rights of
others and expects users of the Service to do the same. We
will respond to notices of alleged copyright infringement
that comply with applicable law and are properly provided
to us. If you believe that your Content has been copied in
a way that constitutes copyright infringement, please provide
our copyright agent with the following information in
accordance with the prevailing law on the matter:
15.1. a physical or electronic signature of the copyright
owner or a person authorized to act on their behalf,
15.2. identification of the copyrighted work claimed to
have been infringed,
15.3. identification of the material that is claimed to
be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit
us to locate the material,
15.4. your contact information, including your address,
telephone number, and an email address,
15.5. a statement by you that you have a good faith
belief that use of the material in the manner complained of
is not authorized by the copyright owner, its agent, or the law, and
15.6. a statement that the information in the notification
is accurate, and, under penalty of perjury, that you are
authorized to act on behalf of the copyright owner.
The Company name and logo are trademarks of the Company,
and may not be copied, imitated or used, in whole or in
part, without the prior written permission of the Company.
In addition, all page headers, custom graphics, button
icons and scripts are service marks, trademarks, and trade
dress of the Company, and may not be copied, imitated, or
used, in whole or in part, without prior written permission
from the Company.
Some users may promote competitions, promotions, prize
draws and other similar opportunities on the Site ("Third
Party Competitions"). The Company is not the sponsor or
promoter of these Third Party Competitions and does not
bear any responsibility or liability for the actions or
inactions of any third parties who organize, administer or
are otherwise involved in any of promotion of these Third
Party Competitions. If you wish to participate in any of
these Third Party Competitions, you are responsible for
reading and ensuring that you understand the applicable
rules and any eligibility requirements and are lawfully
able to participate in such Third Party Competitions in
your country of residence. If you wish to run your own
Third Party Competition on the Platform, you are free to
do so provided you comply with our Competition Terms.
18.1. Termination upon Notice. Either party may terminate
this agreement at any time by notifying the other party.
18.2. Termination by the Company. 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 this agreement.
In particular, the Company may immediately terminate or
suspend accounts that have been flagged for repeat copyright
18.3. Effect of Termination. Upon termination of your
access to or ability to use the Site, your right to use or
access the Site will immediately cease.
18.4. Survival of Provisions. This agreement's
provisions that by their nature should survive termination
shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, and limitations
of liability. 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.
The Site is provided "as is," without any warranties of
any kind.To the fullest extent permissible under applicable
law, 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, or availability.
20.1. To the fullest extent permitted by applicable law
in no event shall the Company be liable for:
20.1.1. any direct, special, indirect or consequential
20.1.2. 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 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.
20.2. You shall be liable to us for any loss or damage
suffered by us as a result of any breach of these Terms
and Conditions or any Loan Contract by you, or any fraudulent
use of the Site or your data.
20.3. We shall not be liable to you for any loss or
damage 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 and Conditions or was caused by
gross negligence, willful default or fraud by us or our
employees. We are not responsible for any breach of these
Terms and Conditions arising from circumstances outside
our reasonable control.
20.4. We may at any time, without notice to you, set
off any liability owed to us or to our members by you.
You agree to defend, indemnify and hold harmless the
Company, its subsidiaries and affiliated companies, and
their officers, directors, employees, contractors and
agents from and against any and all claims, causes of
action, damages, obligations, losses, liabilities, costs
or debt, and expenses (including attorneys' fees and costs)
and all amounts paid in settlement arising from or relating
to use of the Site. The Company may assume the exclusive
defense and control of any matter for which users have
agreed to indemnify the Company and you agrees to assist
and cooperate with the Company in the defense or settlement
of any such matters.
22.1. In the event that any provision of these Terms and
Conditions 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 and Conditions shall not be affected.
22.2. You agree that all documents or notices that we wish
to send you or are entitled to send you electronically may
be delivered to you via the Site to your Account. You may
also receive by e-mail to your e-mail address specified in
your Account from time to time a prompt to refer to your
22.3. Subject to applicable law, all disclaimers, indemnities
and exclusions in these Terms and Conditions shall survive
termination of the agreement between us for any reason.
22.4. We may, in whole or in part, release, compound,
compromise, waive or postpone any liability owed to us or
right granted to us in these terms and conditions without in
any way prejudicing or affecting our rights in respect of
that or any other liability or right not so released,
compounded, compromised, waived or postponed.
22.5. 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.
22.6. Unless expressly agreed in writing otherwise, these
Terms and Conditions set out the entire agreement between
you and us with respect to your use of the Site and supersede
any and all representations, communications and prior
agreements (written or oral) made by you or us.
22.7. The Company may exercise any of its rights under
these terms and conditions by itself or through any company
or other legal entity which is under the control or ownership
of the Company.
22.8. These Terms and Conditions are governed by and construed
in accordance with Philippine law. In the event of any matter
or dispute arising out of or in connection with these Terms and
Conditions, you and we shall submit to the exclusive jurisdiction
of the courts of Makati.