By accessing this site, you signify your agreement with, and understanding of, the following terms of use and legal information pertaining to both this site and any material on it. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions and notices. iLoan Inc. reserves the right to change the terms, conditions, and notices under which this site is offered.
All materials on this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
By using, accessing or browsing the capital.ph website, mobile application, or other related digital medium or media (each and collectively the “Site”), you signify that you have read and understood these Terms of Service and agree to be bound by the same. Upon your use of the Site, these Terms of Service shall be a binding agreement between you and iLoan Inc. If you do not agree, do not fully understand or have reservations with respect to any provision of these Terms of Service, please exit this Site.
This Site is intended solely for the use of:
An individual at least eighteen years of age, in good credit standing, and has the legal capacity to enter into binding agreements, specifically the availment of products and/or services offered by the Company; or
A corporation, branch office, or partnership registered and in good standing with the Philippine Securities and Exchange Commission (SEC), has a permanent place of business in the Philippines, and is duly represented by its designated account holder duly authorized to contract or fund loans on its behalf.
A international corporation or partnership aiming for long-term relations with iLoan Inc., solely for B2B relations.
By creating and maintaining an account with this Site, you represent and warrant that you possess at least one of the foregoing eligibility requirements, in case of a Borrower. You likewise expressly authorize the Company to use all necessary means to verify your identity (including sharing information, personal and non-personal, you have provided) with any third party service provider and/or data controller.
In creating your account or applying to become a borrower, you agree to provide the true, current, complete and accurate information about yourself in the registration or application form which is necessary for purposes of availing services under the Company.
If any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to cancel your registration, reject any application you have submitted, and restrict your future use of this Site and our products and services.
The Company also reserves the right to reject any registration, deny access to the Site and/or decline any loan application in violation of these Terms of Service.Prior to registration and use of this Site, it is important for you to know that the services can only be provided if you agree to disclose relevant employment, financial, and transactional information which may be obtained by the Company, on your behalf, from all relevant sources (third parties, government agencies, service providers, among others) in your behalf and pursuant with your instruction and authorization.
You agree that the following personal information (hereinafter referred to as "Personal Information"):
to be obtained (from you or on your behalf from other sources) upon your registration in this Site or upon your application to avail any of the Site’s products and services which shall be collected, used, processed, disclosed, retained, stored, and protected by the Company in accordance with the Privacy Policy and these terms and conditions:
You hereby acknowledge that you have read and understood the above and agree and consent to the collection, use, storage, processing (including the development of a credit score and user profiling) disclosure, and sharing of the information you have provided or collected from third parties (independently or in your behalf), to the Company’s affiliates and subsidiaries, agents (including collection agencies), and subcontractors, including third parties, such as but not limited to, third party purchaser of a delinquent loan, third party data processors, credit bureau, credit organization, data aggregator, third party service provider, which you acknowledge and confirm is necessary and required for the effective use and access of the Site and its services.
By submitting content to the Site, you expressly agree to the following:
You are solely responsible for maintaining the confidentiality of your username, password, account and any other login or authentication and validation information you created or provided to the Site (“Unique User Credentials”). By creating and maintaining your account,
you agree to honor all activities performed and obligations contracted using your account.You agree and confirm that any use of your Unique User Credentials shall at all times be presumed to be access by you and, if by a third party, with your consent and authority. Any and all activities or transactions using your Unique User Credentials shall be valid and binding transactions created, committed and performed by you.
If there is an unauthorized use of your account or a breach of its security, you hereby undertake to notify the Company of the relevant circumstances thereof immediately.
The Company will not be liable for any loss that you may incur as a result of someone else using any of your account or Unique User Credentials, either with or without your knowledge.You could be held liable for losses incurred by the Company due to a third party using your account or Unique User Credentials.
While the Company has implemented adequate safeguards as required under the Data Privacy Act of 2012, the Company does not give any guarantee or warranty with respect to the same. You hereby acknowledge that you provide your Personal Information at your own risk.
You agree to abide by all applicable terms and conditions, laws and regulations in your use of the Site, its products and services. In addition, you agree that you will not do any of the following:
The products and services on the Site are provided “as is” and without any representation or warranty. To the fullest extent permissible under applicable laws, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, availability, payment or realization of transactions.
The Company does not warrant the accuracy, adequacy or completeness of the information provided on the Site and expressly disclaims liability for any errors or omissions in such information. The Company does not guarantee and promise any specific results from use of the Site and its products and services.
The Company shall not be responsible for what users post on the Site or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content uploaded by other users on the Site. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or its products or services
The Company is not responsible for the accuracy of the information, content, products or services offered by, or the information practices employed by sites linked to or from the Site. Since third party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.
Your use and availment of the products and services on the Site may be conditioned on your agreement to certain contracts and authorizations. By signifying your consent and permissionstherein, you and agree to be bound terms and conditions thereof and such contracts and authorizations shall be deemed validly and voluntarily executed by you. Upon request, the Company may furnish you electronic copies of such documents.
The Company may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of these Terms of Service.Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
To the fullest extent permitted by applicable law, in no event shall the Company, its directors, officers, representatives, agents, or assigns be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in 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 the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance. You expressly agree that your use of the Site is at your sole risk.
The Company, its directors, officers, representatives, agents, or assigns, shall not be liable to you for loss or damage of any kind which you may suffer as a result of being a member of the Site, except where such loss or damage arises from our breach of these Terms of Service or was caused by gross negligence, willful default or fraud by the Company or employees. The Company shall also not be responsible for any breach of these Terms of Service arising from circumstances outside our reasonable control.
You shall be liable for any loss or damage suffered by the Company and/or its users as a result of:
The design, trademarks, service marks, and logos of the Site (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the laws of the Philippines, foreign laws and international conventions. You may not use, copy, ordistribute of any of the Marks found on the Site unless otherwise expressly permitted.
The Company reserves the right to make changes to these Terms of Service (“Updated Terms”) at any time. Unless the changes in the Terms of Service are for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective by posting the Updated Terms on the Site.Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
in the event that any provision of these Terms of Service 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 extentpermitted by applicable law. The validity and enforceability of the remaining provisions of these Terms of Service shall not be affected.
You agree that all documents or notices may be delivered to you electronically, through your e-mail address provided upon registration. Accordingly, you recognize and acknowledge that it is your sole responsibility to update the Company with your current e-mail address and the Company shall not be liable for any claim of loss or damage for failure to receive notices.
Subject to applicable law, all disclaimers, indemnities and exclusions in these Terms of Service shall survive termination of this agreement.
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.
Unless expressly agreed in writing otherwise, these Terms of Service set out the entire agreement between you and us with respect to your use of the Site and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.
These Terms of Service are governed by and construed in accordance with Philippine law. All matters, claims or disputes arising out of or in connection with these Terms of Service, shall be submit to the exclusive jurisdiction of the courts of the City of Cebu.
By accepting these Terms of Service, you understand that you assume the risk of non-payment. To mitigate this risk, the Company may, to the extent possible, assign any loan that is in default under the applicable loan document, a Non-Performing Loan (hereinafter “NPL”), to a third party, in each case endeavoring that you shall receive the unpaid principal, interest, and penalties which you are entitled to receive under the terms and conditions of the Loan.
In accordance with the above, you hereby authorize and designate the Company, as your authorized representative and attorney-in-fact to assign, sell, or otherwise dispose/assign the NPL to a third party, upon prior notice. The Company will inform you, via email of such assignment and shall credit the unpaid principal, interest, and penalties to your account on record.
The Company reserves the right to make changes to these Terms of Service (“Updated Terms”) at any time. Unless the changes in the Terms of Service are for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective by posting the Updated Terms on the Site.Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.