Last updated: March 05, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Terms and Conditions:
You - means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Member - referred to as “User” registered and with authorized access (username and password) to the Service.
Company - (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Fintechnology Inc., with registered address at 3rd Floor Guevent Building, #52 D.M. Guevara St. corner Calbayog St., Mandaluyong City, Philippines.
Account - means a unique account created for You to access our Service or parts of our Service where Your personal information provided to the Company is reflected .
Site - refers to “Fundko” the platform and Fintechnology, Inc. landing page, accessible from https://fundko.com/
Service - refers to the Company Website, the FundKo Online Platform, and other system/dashboard provided by the Company where an account holder has availed.
Country - refers to Philippines
Service Provider - means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed or engaged by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Personal Data - is any information that relates to an identified or identifiable individual. The coverage of this “personal data” is indicated below.
Cookies - are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Device - means any device that can access the Service such as but not limited to a computer, a cell phone or a digital tablet.
Usage Data - refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Public Areas- public places, or any social media platforms and social media pages where You are participating or interacting with the other users of the Service.
Credit Score - shows a borrower’s creditworthiness based on credit history, total number of debts, and the repayment records, and other components implemented by the Company before lenders can accept and pledge the loan application.
1. Acceptance of Terms of Service.
2. Changes to Terms of Service
2.1. 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.
2.2. 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 Site.
2.3. 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 the Site.
2.4. 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.
3. General Terms.
3.1. These Terms of Service set out;
3.2 how the Service (as defined below) works;
3.3. how to become a member of the Service as a borrower and/or a lender; and
3.4 how you may use the Site provided and maintained by the Company.
4. Use of Site
4.1. License. During the term of this agreement, the Company grants you a limited, exclusive, non-transferable access to the Site for your use in accordance with the Terms of Service.
4.2. 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.
4.3. User Conduct: You may not engage in any of the following prohibited activities:
4.3.1 copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”,
4.3.2 using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site,
4.3.3 transmitting spam, chain letters, or other unsolicited email,
4.3.4 attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site,
4.3.5 taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure,
4.3.6. uploading invalid data, viruses, worms, or other software agents through the Site,
4.3.7 collecting or harvesting any personally identifiable information, including account names, from the Site,
4.3.8 using the Site for any commercial solicitation purposes,
4.3.9 impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
4.3.10 interfering with the proper working of the Site,
4.3.11 accessing any content other than the information pertaining to the client’s account on the Site through any technology or means other than those provided or authorized by the Site,
4.3.12 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
4.3.13 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. Your Account
5.1. 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 user name.
5.1.1. 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)
5.1.2. The representations and warranties set out above are of a continuing nature for every day that your account 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.
5.1.3. 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 firstname.lastname@example.org within five (5) days and explain which representations and warranties are, or may, no longer be true or accurate.
5.1.4. 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 and their members and subscribers or special accessing entities (SAEs) with the Credit Information Corporation.
5.2. 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.
5.3. 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.
5.3.1. your name, address, phone number, birth date, email address, credit card, or other financial account information pertaining to any potential Loan Offer or Loan Contract;
5.3.2. 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,
5.3.3. information from third parties, and
5.3.4. traffic and usage information generated from your visits to the Website, including the type of device that you use to access it.
5.4. 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.
5.5. Disclosure of Information. During the term of this agreement, You authorize the Site and the Company to disclose the information that you provided to your account to the following:
5.5.1. 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.
5.5.2. 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.
5.5.3. to meet our obligations to any relevant regulatory authority; and
5.5.4. if we have to by law or it is in the public interest.
5.6. 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.
5.7. 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, by reason of your negligence. You could be held liable for losses incurred by yourself, the Company or another party due to someone else using your account or password.
5.8. Use of Other Accounts.
You may not use anyone else’s account at any time, without the permission of the account holder.
6. 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.
7. Information on Loans.
7.1. 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.
7.2. 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.
7.3. Any errors with respect to your and the 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 to the parties and 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.
7.4. A Loan Offer will only be valid and open for acceptance if it is made in accordance with our Terms & Conditions.
7.5. 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 Loans immediately.
7.6. 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 inquire into the reasonableness of any Loan Offer that is accepted by the parties thereto. The Company 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.
7.7. 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.
8. Service Fees
8.1. In consideration for operating and providing members/users 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 Fee Schedule in www.fundko.com.
8.2. Any Fees owed to the Company will be rounded to the nearest two decimal places.
9. You As A Lender
9.1. You agree to the processes for becoming a Lender as fully described herein.
9.2. A key aspect of managing investment risk is to diversify the portfolio.You understand and agree that you may fund only 10% to 25% of any particular loan to a Borrower. \
9.3. 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 Company provides 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.
9.4. 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.
9.5. 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.
9.6. You likewise constitute the Company as your sole and exclusive agent for the collection of any outstanding loans on your behalf subject to the fee schedule, to the exclusion of yourself.
9.7. 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 purpose.
10. You As A Borrower
10.1. You agree to the processes for becoming a Borrower as fully described here.
10.2. You understand and agree that any loan you apply for shall be funded by one or more Lenders.
10.3. When assessing your application for a Loan, the Credit Score provided by the Site as described above shall be taken from information that you provided, and, in this connection, is only a guide that is calculated solely from 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.
10.4. 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.
10.5. 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.
10.6. 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.
10.7. 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.
10.8. 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.
10.9. Notwithstanding anything or any agreement to the contrary, in furtherance of Clause 10.3. 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 this website.
10.10. 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.
11. User Content
11.1. Content Ownership. The Company will collect data on the User’s behavior/usage on the site and the Company owns the data collected.
11.2. Content License. By submitting content to Site, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, 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.
11.3. The Company 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 crime.
11.4. 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 of.
11.6. 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 email at[ email@example.com](mailto:(firstname.lastname@example.org) or in writing and send it to the Company address: 3rd Floor Guevent Building, #52 D.M. Guevara St. corner Calbayog St., Mandaluyong City, Philippines. 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, provided that you have told us you still want to proceed.
11.7. We do not disclose your Information to any other members, persons, or organizations other than those enumerated in this agreement 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 or resources.
13. 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.
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.
16.1. Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.
16.2. 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 using fraudulent information.
16.3. 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.
16.4. Severability Clause. The provisions in this agreement which by their nature are not dependent on the termination shall not be affected by the termination of this agreement, including but not limited to 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 incur 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 of the users account, freedom from errors, suitability of content, or availability.
18.1. To the fullest extent permitted by applicable law in no event shall the Company be liable for:
18.1.1. any direct, special, indirect or consequential damages caused by the unauthorized
use of your account by other persons without negligence on the part of the company,
unauthorized use of the account by other persons due to the negligence of the account
18.1.2. 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, or
18.1.3 when a borrower became delinquent or when a loan defaulted, or
19.1.4 inaccuracies on the website, software bugs, and service disruptions beyond the control of the Company, or
18.1.5 any delays in disbursing funds to the borrowers and the lenders where delays are no longer within the control of the Company.
18.2. You shall be liable to the Company for any loss or damage suffered by the latter as a result of any breach of these Terms and Conditions or any Loan Contract by you or your agents, or any fraudulent use of the Site or your data by you, your agent or by reason of your and your agent’s negligence.
18.3. The Company 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 the company’s breach of these Terms and Conditions or was caused by gross negligence, willful default or fraud by any of the Company’s employees. The company is not responsible for any breach of these Terms and Conditions arising from circumstances caused by force majeure or those beyond reasonable control of the Company’s employees and authorized agents despite the exercise of ordinary diligence. In this case, ordinary diligence means that the necessary and customarily acceptable security measures are implemented by the Company.
18.4. The Company may at any time, a written notice to you via email or a text message will be provided but the defaulted and delinquent loan obligations or liabilities owed by the borrower to the Company, to the lenders, officers, and employees, will still be immediately due and demandable despite such notice.
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 the 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 agree to assist and cooperate with the Company in the defense or settlement of any such matters.
20.1. 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.
20.2. 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 notices and documents to your e-mail address specified in your Account from time to time a prompt to refer to your Account.
20.3. Subject to applicable law, all disclaimers, indemnities and exclusions in these Terms and Conditions shall survive termination of this agreement for any reason.
20.4. The Company may, in whole or in part, release, compound, compromise, waive or postpone any liability owed to or right granted to Company in these terms and conditions without in any way prejudicing or affecting the Company’s rights in respect of that or any other liability or right not so released, compounded, compromised, waived or postponed.
20.5. No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by the Company of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.
20.6. Unless expressly agreed in writing otherwise, these Terms and Conditions set out the entire agreement between you and the Company with respect to your use of the Site and supersede any and all representations, communications and prior agreements (written or oral) made between the Company and you.
20.7. 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.
20.8. 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 the Company shall submit to the exclusive jurisdiction of the courts of Mandaluyong City.
Contact Information of the Company
- By email: email@example.com
- By visiting this page on our website: https://fundko.com/
- By mail: Fintechnology Inc., 3rd Floor Guevent Building, #52 D.M. Guevara St. corner Calbayog St., Mandaluyong City, Philippines