Cash-Express Philippines Financing Inc. (the “Company”) is an information technology-based loan services provider accessible at https://cash-express.ph (the “Website” or the “Platform”) providing, managing and operating the Website for its users.
By using the Website, you hereby acknowledge that you have read and understood, and unconditionally accepted and agreed to be bound by all the terms and conditions (the “Terms & Conditions”) below, whether you are a registered member of the Website.
1. Composition of the Terms & Conditions
These Terms & Conditions also include the following additional terms which shall apply to:
(a) Privacy policy and data protection requirements. Any personal or other sensitive information relating to any user of the Platform will be collected, processed, stored and transferred for legitimate purpose or purposes pursuant to and in accordance with applicable laws of the Republic of the Philippines regarding data privacy protection. By continuing using the Website and by providing information requested by the Platform, you hereby provide your full consent for such disclosure and processing of your personal information;
(b) Borrower’s documentation. Users of the Platform intending to act as borrowers will be subject to accepting a loan agreement establishing rights and obligations between the lender and the borrower.
2. Changes in the Terms & Conditions
The Terms & Conditions are subject to change at any time and upon the Company’s discretion without need for notification to the users of this Website. All changes made are timely published on the Website following mandatory notification of all registered users of the Platform and will be effective as of the date specified in the updated version of the Terms & Conditions and/or such notice, as applicable. Any further use of the platform following publishing of an updated version of the Terms & Conditions shall be deemed as acceptance of an updated Terms & Conditions.
3. Coverage area
The Website is designed and construed to provide information technology-based financial services within the territory of the Republic of the Philippines. However, the Website is accessible and open for general use worldwide, therefore, some of the Website’s content may not be applicable or appropriate for such use outside the Republic of the Philippines.
4. Registration
By completing registration within the Platform, you hereby represent and warrant that:
(a) information, declarations, documents, representations and warranties made, given or as evidenced by any documents submitted within the Platform are and will continue to be true, accurate and correct in all respects and will comply with applicable laws and regulations at all times;
(b) you have legal capacity and authority to be bound by a contract (private individuals must be at least 18 years old);
(c) you must be an individual who is a citizen of the Philippines and residing within the territory of the Republic of the Philippines;
(d) prompt notification will be given to the Platform in case of change of one of the following details: residence or business address, employment status, phone number and e-mail address;
(f) upon completion of the registration within the Platform you express your full consent to receive marketing content from the Company via emails, text messages, calls, mobile applications or other channels of communication. The Company will use your detail contacts indicated upon registration as a user. The Platform reserves its right to reject registration applications as a borrower at its own discretion. The privacy policy disclosed on the Website must be accepted to complete the registration within the Platform. The privacy policy stipulates Platform’s policies on privacy rights regarding collection, use, storage, processing, disclosure and security of users’ information when you use the Website. This Privacy Policy applies to all personal and sensitive information processed through the Website.
5. Use of the Website
Use of the Website requires stable and constant internet access, and may also require periodic hardware or software updates. All fees and charges (including telecommunication fees, data, etc.) payable in relation to usage of the Website shall be borne by the user. By using the Website, you confirm that you are acting on your own behalf and in your interests. If you are using or have plans to use the Website on behalf or in the interests of any third parties (beneficiaries) you shall immediately stop using the Website. The Website may only be used for a limited purpose indicated hereof. The Website may not be used for the following purposes:
(a) illegal or unlawful purposes;
(b) collecting and/or stealing data from the Website, including, inter alia, personal data of other users of the Website;
(c) affecting performance of the Website in any manner;
(d) disruption of the Website’s operations, including, but not limited to using special codes or software to manipulate or change functions available on the Website;
(e) any other acts that may do harm to the Website’s infrastructure and its facilities. The Website’s operating hours are subject to change following mandatory maintenance works on which all users will be duly informed beforehand. All instructions received from a registered user’s account are deemed to be accurate and correct. However, the Platform reserves its right under its sole and absolute discretion to suspend operations on your account if such instructions were not entirely clear, lack necessary information, unidentifiable identity, or such other grounds deemed as unlawful by nature or if the account is projected to be compromised.
6. Intellectual property rights
The Company owns or is duly licensed to use, as far as applicable, all intellectual copyrights on the Website, content and all publications thereon. Any use of the Website or registration thereto may not be deemed as any legal grounds for transferring any kind of intellectual property rights, or it’s licensing. Notwithstanding the purposes, all trademarks, names and visual and textual content may be used only upon prior written authorization from the Company. The Company reserves its right to take any necessary legal actions and remedies related to any violation of section hereof.
7. Content
If you use our features that allow you to upload any content into the Website, you’re carefully responsible for its content, and you hereby represent and warrant that you have collected all necessary consents, permissions and authority from the disclosed of such information (including, but not limited to, personal data and details of any third parties as indicated thereon). The Company reserves its right and sole and absolute discretion to remove any information, documents or any other content uploaded through the Platform if such information, documents or any other content violates these Terms & Conditions or any other applicable laws, or which may infringe or compromise rights and obligations of any third parties. Such information, documents or any other content shall not:
(a) contain a defamatory, discriminative or insulting content;
(b) contain hate speeches, pornography or extortion/threatens content, gambling, violence, or misuse of narcotics, psychotropic substances or other addictive substances, or encourages the public to commit violence or other unlawful acts;
(c) violate any intellectual property rights of any party;
(d) has a tendency to cheat others or use as a mask to be someone else or to describe your identity or your affiliate with anyone through illegal;
(e) give the impression that the content originated from the Company (related to content is not from the Company); or
(f) violate legal obligations of any third parties, such as contractual obligations or confidentiality obligations. By uploading any documents or content to the Website, you give the rights to use, copy, save, publish, reshape, and distribute the uploaded content to third parties of performing our rights and obligations to serve you as digital information technology-based platform. You have the right to withdraw the uploaded documents or content at anytime. However, any rights that you have granted to us as referred to above shall remain in force following such withdrawal unless specifically requested otherwise.
8. Limitation of responsibility
The Company provides, manages and operates the Platform between registered users. Lending relationships between the lenders and the borrowers are stipulated in the respective loan agreements executed by the respective parties. The Company facilitates the needs and complaints of each registered users. The Company may not provide any guarantee or security over any proceeds which maybe obtained using the Platform. The Company shall bear no responsibility for any decisions taken by any registered users when using the Platform. In case of breach of any above-mentioned representations or warranties, the Company shall be indemnified in any case. The Website may contain typographical errors, other errors or omissions, and you hereby agree to waive us of any legal liability regarding such as errors or omissions.
9. Compensation
By using the Website or the Platform, you hereby consent to the extent permitted by law to indemnify and wave us, our directors, managers, officers, affiliates, agents, contractors, licensors, assigns of any claims arising out of your violating of these Terms & Conditions or your use of the services provided within the Platform or by our action apart from our investigation on alleged violation of these Terms & Conditions by you or as a result of the findings or decisions of investigation result.
10. Termination
You hereby acknowledge and agree that the Company reserves its right and sole and absolute discretion to delete your account maintained within the Platform, restrict your access thereto and to terminate all relations with you upon occurrence of any reasonable belief of your violation of the Terms & Conditions. You can terminate the Terms & Conditions by giving us a prior written notice 7 (seven)business days before such termination provided that you have no outstanding loans (if you are a borrower) to the Company. After termination of the Terms & Conditions, the Company shall not be obliged to provide any access to information regarding previous activities within the Platform.
11. Communication and electronic documents
By registering as a lender or as a borrower, you agree that all communication between you and the Company in connection with the services provided through the Platform will be made with your contact detail as indicated upon your registration as a user. The Company reserves the right to determine the most appropriate way of communication. The Company may also communicate with you by making certain publications on the Platform. You hereby agree to accept all documents, notices and agreements sent by electronic channels through the Platform and acknowledge that such delivery shall be deemed valid and have the same legal force and effect as physical delivery. All agreements, documents, notices and agreements sent by electronic channels through the Platform are executed electronically or with digital signatures and have the same legal force and effect. Any approvals that you have provided electronically is legally binding on you as a service user.\
12. Use of cookies and others similar technology
The Website uses HTTP cookies technology. Cookies are a small information file written and stored on your electronic device by the website that you visited, so the Website can identify you for next visits. Cookies are used for several things, such as to store your preferences, for example, to choose the location, so you don’t need to fill the same information each time you visit a website, to know your visit patterns, to improve the performance of the website, and to evaluate our marketing efforts effectiveness. You can arrange to block or not enable cookies or other similar technology by making appropriate arrangements in your electronic devices or browsers.
13. Third-party website link
The Website can, occasionally, contain links to third party’s websites that are beyond the control of the Company. The Company shall not be responsible for any information and content of such other websites and may not guarantee protection and confidentiality of your information that you provide on such other websites.
14. Miscellaneous
You cannot transfer your rights and obligations under the Terms & Conditions to any other third party without the Company’s prior written consent. The Company may transfer its rights and obligations under the Terms & Conditions to any third parties even without your consent.
If any provision of the Terms & Conditions becomes invalid, it shall not affect the validity of other provisions of the Terms & Conditions. Assignment of an obligation under the Terms & Conditions may only be done expressly and in writing and signed by the party concerned. These Terms & Conditions do not contain any provisions that may be deemed or constitute a partnership or joint venture between you and the Company. The Terms & Conditions apply regardless of how you access the Platform (including access through the Website or mobile application).
If you have any questions related to the Terms & Conditions, please contact:
Customer Services – [email protected]
Compliance and Data Protection Department – [email protected]
Cash-Express Philippines Financing Inc.
Level 10-1 One Global Place 25th Street Cor. 5th Avenue, Fort Bonifacio, Taguig City
Telephone: +632 7902-7390
15. Applicable law and dispute resolution
The Terms & Conditions and the matters governed therein shall be subject to the laws of the Republic of the Philippines.
All disputes arising out of or related to the Terms & Conditions, the matters governed therein shall be resolved exclusively by arbitration under the arbitration laws, rules and jurisdiction of the Republic of the Philippines.
Effective date: 9 May 2024
Cash-Express Philippines Financing Inc. (hereinafter referred to as “the Company” or “We”) respects its Users (hereinafter referred to as “the User” or “You”) privacy and is committed to protecting their personally identifiable information (PII) that may be processed through the use of our Website and/or Mobile application “Cash-Express” (hereinafter referred to as “the App”).
The processing of personal data includes collection, storage, use, disclosure, sharing, protection and deletion of Users personal data.
Please read this Privacy Policy carefully. By using our Website or App you give your free, unambiguous consent that we can process your personal data in accordance with the conditions specified in this Privacy Policy. This Privacy Policy applies to all personal and sensitive information processed through the Website and/or App.
1. Types of data we collect and process
Personal information
The personal information which we collect may be provided by you directly (for example, when you create an account via App) or can be collected automatically when you use our Website and/or App. We may collect this information in various forms, for purposes of contacting or identifying you, and for other purposes not prohibited by applicable law.
Personal information may consist, but is not limited to, the following:
Personally identifiable information (PII) input by third party
Please note that if you use our Services via Website and/or App in place of other people, such as your family, friends or employees, you must ensure that you are authorised to provide us with their personal Information. Use of our Services in this manner automatically presumes that you have obtained proper authorisation from the owners of the Personal Information and have informed said persons of this Privacy Policy. You hereby represent and warrant that all your family, friends or employees whose personal information you have provided to us have agreed to the collection, use, processing, storage, and disclosure of their data in accordance with this Privacy Policy and all applicable law.
Cookies
When you access our Website, we may use Cookies or similar technologies on your computer or other devices to record information. Cookies are files with a piece of data, which may include an anonymous unique identifier and can be stored on your hard drive to help us improve your access to the Website and identify repeat visitors. You are free to decline our Cookies on your computer or other devices unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, the use of the Website may be limited if you do not accept our Cookies.
Use of data we collect
3. Electronic communications
By creating an account on the Website and App, you agree that all Communications from the Company relating to your use of our Services may be provided or made available to you electronically by mobile SMS, email or at the Website.
4. Mobile accessibility
We may offer you the ability to connect to our Services using a mobile device, either through a Mobile application or via a mobile optimised Website. This Privacy Policy applies to all the devices.
5.Disclosure of data
The Company will not rent or sell your personal information to third parties for their business purposes, such as, including without limitation, marketing and advertising without your express consent and authorisation unless it’s a Legal Requirement.
Legal Requirement
We may disclose your personal Information in the good faith belief that such action is necessary:
6. Security of data
Confidentiality of your personal Information is of utmost importance to us. We will use reasonable efforts to protect and secure your personal information from unauthorised access, collection, use or disclosure or accidental loss. Unfortunately, the transmission of information via the Internet is not completely secure. You are and shall at all times be responsible for keeping your account details confidential and you must not share your password with anyone and you must always maintain the security of the Mobile Device that you use at any given time. You shall be responsible for any act or omission of any user(s) that access your account information that, if undertaken by you would be deemed to be a violation of this Privacy Policy. You agree and undertake to notify us of any unauthorised access or use of your account or password or any breach of security.
7. Other service providers
We may get the service of third party companies and individuals to facilitate our Service to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used. These service providers have access to the minimum amount of your personal data that they need for specific tasks on our behalf. All these service providers are obliged to maintain the confidentiality of personal data and do not use it for any other purpose.
8. External links
Our Service might contain links to other websites that are not operated by us. If you click on a third party web link, you will be directed to that third party’s website. We have no control over and assume no responsibility for the content privacy policies and practices of other websites and other parties are governed by their respective terms of use and privacy policies.
9. Your rights regarding data we collect
Request changes to your personal data
You may by written notice, request us to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request deletion of your personal data
You may by written notice ask us to delete your personal data that we have no good reason to continue processing. You also have the right to ask us to delete your personal data where we may process your information unlawfully or where we need to delete your personal data to comply with local law. Please note, however, that due to specific legal reasons, we may not always be able to honour your removal request, and if applicable, we will notify you when you request it.
10. Children’s privacy
Our Website and App does not aim anyone under the age of 18 (eighteen) years old. We do not knowingly collect, use, provide, or process in other forms any personally identifiable information from anyone under the age of 18 (eighteen).
11. Changes to this Privacy Policy
We may update or modify this Privacy Policy from time to time. If any changes are made we will reflect on the date on which any such changes are made and posted by updating the “effective date” at the top of the page. If we make any material changes, we will notify you by email or by a notice on our Website prior to the change becoming effective. Please be sure to check the page periodically for changes.
12. Contact Us
If you have any question or concerns about this Privacy Policy, please contact us one of these ways: