Terms of Service and Privacy Policy

By using, accessing or browsing the Cashalo facility (the “Facility”) on the 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 Oriente Express Techsystem Corporation (the “Company”). 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.

Eligibility

This Site is intended solely for the use of

• an individual at least eighteen (18) 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 in this Facility; 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.

By creating and maintaining an account with this Site, you represent and warrant that you possess at least one of the foregoing eligibility requirements, (a) in the case of a Lender or Borrower, and (b) in case of a Lender. 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.

Registration and Application

In creating your account or applying to become a borrower or lender, 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 Facility. 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 or participation by a lender 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.

Authorization / Special Power of Attorney

You hereby authorize and designate the Facility, as your authorized representative and attorney-in-fact to request, obtain, receive and retain all personal information retained and kept by third parties about you, your personal information, your transactions and interactions, and any other information you may have disclosed or shared to such data controllers (“Third Parties”). The third parties shall include but is not limited to, Robinsons Bank Corporation, Cebu Air, Inc. and Robinsons Retail Holdings, Inc. The information obtained from the Third Parties, shall be included as part of your profile in this Site, for the purpose of providing you with the appropriate services, development and determination of your credit score, credit profile, credit history, lender or borrower profile and history, or such other information and profiling which is necessary and desirable in the assessment of your participation in the Site as a lender or borrower.
Without limiting the above, this authorization includes the instruction for the Facility to obtain the following information from Third Parties at the time of registration, and periodically thereafter:

• Full Name
• Employee ID
• Employee Address(s)
• Birthday
• Age
• Sex
• Office Email
• Personal Email
• Company Mobile Phone No.
• Personal Mobile Phone No.
• Company Identifier – Partner ID
• Company Name
• Onboard Date
• Bank Name
• Bank Account Name
• Bank Account Number
• Loan History
• Purchase History

For each loan application, your authorization includes the instruction for the Facility to obtain the following information from the Third Parties:

• Gross Salary, if employed by the Third Party
• Net Salary, if employed by the Third Party
• Years in Company, if employed by the Third Party
• Level/Position (Manager, Director, etc), if employed by the Third Party
• Loan History and status

By clicking the “Sign and Submit” button below, you hereby confirm that you hereby authorize and designate the Facility, as your authorized representative and attorney-in-fact to request, obtain, receive and retain all personal information retained and kept by the Third Parties, to be included as part of your profile in this Site, for the purpose of providing you with the appropriate services, development and determination of your credit score, credit profile, credit history, lender or borrower profile and history, or such other information and profiling which is necessary and desirable in the assessment of your participation in the Site as a lender or borrower. You hereby further authorize the Facility to combine, consolidate or co-mingle your personal information received from the Third Parties with information that you’ve provided in this Site and information that has been or will be obtained from other sources.

Please read and confirm that you agree to the Authorization and Special Power of Attorney. If you do not agree or have reservations with respect to any provision of the Authorization and Special Power of Attorney, as to its scope, coverage or purpose, please exit this Site.

Privacy

You agree that the following personal information (hereinafter referred to as “Personal Information”):

• Full name, permanent and residential address, contact number/s, email address, birth date and/or age, employment information, bank account details, credit card and/or financial account information, financial history, transaction history, purchase history and details of government-issued ID;

• other information from which your identity may not be apparent or which may not reasonably and directly identify you, such as, but not limited to, records of your visits and information you submit when using the Site;

• information from third parties including information obtained, upon your authorization, from your employers (“Employment Information”), and transaction, financial and credit history stored by third parties (“Transaction and Credit Information”); and

• traffic and usage information generated from your visits to the Site.

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:

• The Personal Information may be collected through the following means: cookies, flash cookies, general log information, information obtained from your employer, information collected from your service providers, information collected from third party credit bureaus, credit consolidators and referral information from third-party websites.

• The Personal Information may be disclosed to the following: (a) the Company’s affiliates and subsidiaries, agents (including collection agencies), and subcontractors, which are necessary for the conduct of the Company’s business and on a need-to-know basis; (b) The lenders with respect to Personal Information of borrowers, and the borrowers with respect to Personal Information of the lenders; (c) third party providers who require the information to facilitate the loan, including but not limited to the payment, remittance, credit check (credit bureaus, service providers, service history, bank history, financial history, spending history, among others), background check, or processing of loan to the borrower, payments to the lender, agent of the lender or the borrower, transfer of the loan to a third party (i.e. financing company, new lender, monetary authority); (d) the government, regulatory agencies, and fraud prevention agencies for the purposes of identifying, preventing, detecting or tackling fraud, money laundering, or other crimes, and for other lawful purposes; and (e) other entities as may be required by law or as public interest may warrant. In the event that your Personal Information is shared to any third party for the purposes described above, such sharing shall be subject to a data sharing agreement or an outsourcing agreement which shall require, among others, that such third party is bound to exercise the same diligence in the protection of such Personal Information. In the event that you wish to withhold your consent to any such processing or sharing, such request shall be deemed as a request for the deletion of your account and the consequent termination of your transactions in accordance with the terms and conditions of the agreements you accepted and executed.

• The Company may use your Personal Information or other internet usage data as the Company may require in connection with the conduct of the Company’s business, such as, but not limited to: (i) identify you as user of the Site; (ii) contact you in relation to your registered account/s or requested information; (iii) processing registration of your account/s as part of screening of the investors, borrowers, and loan applications; (iv) user profiling; (v) generation of a credit score; and (iv) to maintain internal records.

• The Company shall retain your Personal Information for the duration of your registration with the Site and for so long as you have current activities and transactions in connection with the products and services you have availed of in the Site; for the establishment, exercise or defense of a legal claim; for legitimate business purposes; or in instances required by law. Your Personal Information shall then be disposed in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interest.

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, a lender, borrower, 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.

User Content

By submitting content to the Site, you expressly agree to the following:

• You retain all ownership rights to the content you have uploaded on the Site.

• You hereby grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, world license to use, reproduce, distribute, prepare derivative works of, display, and perform any information or content that you provide in connection with your use of the Site and its services, subject to the privacy provisions in these Terms of Service and the Privacy Policy. You grant the Company the right to review, delete, edit, reformat, excerpt, or translate any of your information or content.

• You are solely responsible for the content and information you make available through or in connection with our products and services. The Company will not be liable for any use or misuse of your personal data by others.

• All the information and content posted on the Site or privately transmitted through the Site or via other means in connection with the Site’s services is the sole responsibility of the person from whom that content originated. The Company will not be responsible for any errors in or omission of any information or content posted by a user.

• The Company may access and use the information recorded by credit reference and fraud prevention agencies for purposes of assessing lending risks and identifying, preventing, detecting or tackling fraud, money laundering and other crimes.

Responsibility for Account

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.

Liability for Account Misuse

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.

Account Security

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.

Restrictions on Use

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:

• register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;

• post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;

• post or otherwise make available content that in the Company’s judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or users of the Site to any harm or liability of any type;

• post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;

• use the information or content on the Site to send unwanted messages to any other user;

• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

• post or otherwise make publicly available on the Site any personal or financial information of any third party;

• solicit passwords or personally identify information for commercial or unlawful purposes;

• use the Site or our products and services in any manner that could damage, disable, overburden or impair the Site;

• harvest or collect email addresses or other contact information of other users from the Site by electronic or other means, including the use of automated scripts; or

• post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

No Warranty; Errors

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.

Links

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.

Contracts and Authorizations

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 permissions therein, 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.

Termination

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.

Limitation of Liability

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.

Liability for Breach

You shall be liable for any loss or damage suffered by the Company and/or its users as a result of:

• your breach of these Terms of Service or any agreement you have entered into pursuant to the Site’s services;

• your fraudulent use of the Site; and

• your provision of inaccurate, false or fraudulent data.

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. You may not use, copy, or distribute of any of the Marks found on the Site unless otherwise expressly permitted.

Changes to Terms of Service

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.

Miscellaneous

• 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 extent permitted 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 Taguig.

Lender Authorization

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.

ACCEPTANCE

I confirm having read and understood and agree to the foregoing Terms of Service. By accepting this Terms of Service and the Privacy Policy you signify your express consent in accordance with Republic Act No. 10173, otherwise referred to as the Data Privacy Act of 2012 and its Implementing Rules and Regulations (promulgated 24 August 2016) as well as other applicable confidentiality and data privacy laws of the Philippines. You agree to hold the Company, its officers, directors and stockholders, free and harmless from any and all liabilities, damages, actions, claims, and suits in connection with the implementation or processing of Personal Information in relation to your consent or authorization under these Terms of Service.