Cashalo’s Terms of Service

Read more about Cashalo's Terms of Service

CASHALO TERMS OF SERVICE

By using, accessing, downloading, browsing or registering to any of the Cashalo services on the Cashalo website, the Cashalo mobile application (the “Cashalo Application”), or other related digital medium or media including social media (each and collectively the “Cashalo Facility”), you signify that you have read, understood, and accepted these Terms of Service and agree to be bound by them, including all related rules and regulations for the use and availment of any service, product, or information of the Cashalo Facility, as the same is currently available or as may be made available in the future. You likewise agree to be bound by any and all laws, rules, regulations, and governmental issuances applicable to the Cashalo Facility or the Company (as hereinafter defined below), now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of other facilities, benefits, products or services which we may make available to you in connection with the Cashalo services, such as but not limited to Member Get Member Programs, or other similar programs as may be offered in the future. You may be required to register an account (“Cashalo Account”) to use the Cashalo services. If you access the Cashalo services via any Cashalo Facility to use the Cashalo services, these Terms of Service shall be a binding agreement between you and Paloo Financing Inc. (“PFI” or 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 AND STOP YOUR USE OF THIS CASHALO FACILITY.

Eligibility

The Cashalo Facility 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 in relation to the availment of products and/or services offered in the Cashalo Facility.

By creating and maintaining a Cashalo Account, including to use any product, service, facilities, or benefits in the Cashalo Facility, you represent and warrant that you possess the foregoing eligibility requirements. You likewise expressly authorize, consent, and permit the Company to use all necessary means to verify your identity, conduct fraud check, fraud validation, background checks, credit and background checks, based on the information you have provided, or by obtaining data from other sources including from any third-party providers of information. The use of the Cashalo Facility is also governed by the Cashalo Privacy Policy, incorporated herein by reference.

Registration and Application

In creating your Cashalo Account, application for a financial service/product, or use of any service in the Cashalo Platform, including the use and availment of services from third party platform partners, 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 Cashalo Facility. The Company and its partners (i.e. platform lenders, merchants, wholesalers, distributors, other service providers, each a “Platform Partner”) reserve the right to conduct a background verification of your identity, including the right to conduct a credit and fraud investigation prior to, during, and for the duration of your registration, application, or use of the Cashalo Facility, any loan, or any other service or feature. If any information you provide is untrue, inaccurate, or incomplete, we reserve the right to cancel your registration, suspend your Cashalo Account, reject any application you have submitted, and restrict your future use of the Cashalo Facility and availment of products and services available over the Cashalo Facility without notice. The Company also reserves the right to reject any registration, deny access to the Cashalo Facility and/or any service provided by its Platform Partners, in violation of these Terms of Service.

Prior to registration and use of the Cashalo Facility, it is important for you to know that the services can only be provided if you agree to disclose relevant identification, employment, and financial information which you will be required to provide and may also be obtained by the Company, on your behalf, from all relevant sources (including data you may have shared to a Platform Partner) in accordance with your instruction and authorization (the “Authorization”).

If your participation and use of the Cashalo Platform is part of or in relation to a program or initiative from a Platform Partner, which can be in the form of bundled services, financing, or purchasing program with your wholesaler/distributor, your access and use of the Cashalo Platform, including the services which are available to you may be restricted, limited, or customized based on the requirements and specifications of such Platform Partner.

By accepting and clicking on the “Agree” button below, you hereby acknowledge that you have read and accepted the Privacy Policy and agree that the collection, storage, processing, (including for purposes of development of a credit score and user profiling) and disclosure of the information you have provided (including regarding nominated Related Party Contacts and/or Third Party Contacts or other reference persons) or will provide to third parties, such as but not limited to, a lender, borrower, third-party purchaser of a loan including delinquent loan, third-party data processors, life insurance and credit insurance agencies, assurance partners for cellular protection and device damage and other products and services, credit bureaus (including the Credit Information Corporation (“CIC”) and other submitting entities to whom the CIC may, as permitted by law share such data), credit organization, credit scoring providers, as is necessary and required for the access and use of the Cashalo Facility, its services, and the services provided by its Platform Partners.

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 the Cashalo Facility and discontinue using the Cashalo services.

General Privacy

In accessing and using the Cashalo Facility, you agree that your personal information, as defined under the Data Privacy Act of 2012 (hereinafter referred to as “Personal Data”) may be collected, used and processed in accordance with the Cashalo Privacy Policy:

  • Full name, permanent and residential address, contact number/s, email address, birth date and/or age, gender, employment information, financial capacity information, bank account details, credit card and/or financial account information, financial history and details of government-issued ID(s);
  • social media, e-commerce, transportation and other online/mobile account details and 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 Cashalo Facility;
  • information from third parties including information obtained, upon and/or based on your authorization/consent, from any third party including your employers (“Employment Information”), and other third-party source holding information on any financial, transaction, or payment records of the User, and historical transactions;
  • Credit and profile information from credit agencies, bureaus, and agencies;
  • traffic, usage, device, and other application information generated or found in your device and from your use of the Cashalo Facility;
  • technical, network, and interaction data generated or available in the device or any other access medium used to access or make use of the Cashalo Facility; and
  • Any other such personal information as you may provide or we may collect.

The above information shall be obtained (from you or on your behalf from other sources) upon your registration in the Cashalo Facility or upon your application to avail any of the Cashalo Facility’s products and services shall be collected, used, processed, disclosed, retained, stored, and protected by the Company in accordance with the Cashalo Privacy Policy and these Cashalo Terms of Service.

A general summary of how Personal Data is handled is set out below. Please refer to the Cashalo Privacy Policy for a more detailed information regarding all collection, use, processing, sharing, storage and transfer of user data through the Cashalo Facility including Personal Data.

  • The Personal Data may be collected through the following means: cookies, flash cookies, general log in information, information obtained during Cashalo Account registration, information from transactions transacted through the Cashalo Account, information obtained from your employer, your device (subject to your permission settings), credit agencies, credit bureaus, public or private, anti-fraud service providers, and referral information from third-party websites, sources, applications, and offline sources. The information may also be provided by third parties, or Platform Partners in relation to a program of the partner in which you are a participant, including for pre-screening, pre-qualification, entitlement or use as may be required under the said third party program.
  • The Personal Data may be disclosed to the following:

(a) the Company’s affiliates and subsidiaries, agents (including collection agencies, counsels, and agents), and subcontractors, which are necessary for the conduct of the Company’s business and on a need-to-know basis for a legitimate business purpose;

(b) the Platform Partners that provide lending services (“Platform Lenders”) with respect to borrower’s Personal Data, know your customer information, credit information, credit history, profile, transaction and usage history, and other information relevant for matching of a user’s eligibility for the Platform Lender’s products and services and the subsequent the assessment, management and other loan processing activities by lenders in relation to an application or approved loan of a borrower;

(c) third-party providers, including but not limited to the payment providers (bank, e-wallet, payment system operators), remittance and transfer companies, collections providers, including the processing of the loan, payments to the lender, transfer of the loan to a third-party (i.e. financing company, new lender, monetary authority);

(d) Third-party credit and information providers (public and private credit bureaus, antifraud providers, credit information providers, customer purchase and spending behaviour providers, and other user behavioural data providers) that can be used to develop and maintain customer behavioural and credit profiles, conduct credit, risk, and fraud assessment and review;

(e) Platform Partners such as merchants, ecommerce platforms, insurance providers, and such other provider who make their services available in the platform for the purpose of facilitating registration, use, and availment of the services of the third-party service provider;

(f) the government, regulatory agencies, and fraud prevention agencies for the purposes of identifying, preventing, detecting, monitoring or tackling of suspected, or actual fraud, money laundering, or other crimes, and for other lawful purposes;

(g) the Company, its affiliates and third-party partners, to inform you about products, services, promotions, offers and other marketing activities;

(h) market research, studies, surveys, and other activities related to the review, assessment, and improvement of existing products, services, and features, including the development of new products and services; and

(i) other entities as may be required by law or as public interest may warrant.

In the event that your Personal Data is shared to any third-party, 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 Data.

In the event that you wish to withdraw your consent to any of the above processing or sharing, such request may (a) impact the availability of certain services; (b) in extreme cases, make it impossible to use the Cashalo Platform and shall be deemed as a request for the deletion of your Cashalo 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 Data or 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 a user of the Cashalo Facility;

(ii) contact you in relation to your registered Cashalo Account/s or requested information;

(iii) processing registration of your Cashalo Account/s as part of screening of the investors, Platform Lenders, and/or Platform Partners in accordance with the requirements for each such product and/or service;

(iv) user credit, behavioural, and preference profiling;

(v) generation of a credit score, user score, and other data;

(vi) fraud monitoring, prevention and detection;

(vii) development of current and new product and services; and

(viii) to maintain internal records.

The Company shall retain your Personal Data for the duration of your activities and transactions in connection with the products and services availed; for the establishment, and for its due diligence, fraud prevention and detection program, background and credit checks, offer of new products and services, credit scoring and assessment, exercise or defense of a legal claim; for legitimate business purposes; or in instances required by law. Your Personal Data 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.

User Content

By submitting content to the Cashalo Facility, you expressly agree to the following:

  • 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 Cashalo Facility and its services, subject to the privacy provisions in these Cashalo Terms of Service and the Cashalo Privacy Policy.
  • 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 you shared, posted, or granted access to by others.
  • All the information and content posted on the Cashalo Facility or privately transmitted through the Cashalo Facility or via other means in connection with the Cashalo Facility’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 generating user profiles, assessing credit risks, and identifying, preventing, detecting or tackling fraud, money laundering and other crimes.
  • You hereby expressly undertake the sole responsibility and hold the Company, its affiliates, and subsidiaries free of liability to you or any third-party, for any content that you create, upload, transmit, or display while using the Cashalo services via the Cashalo Facility. You also undertake not to share, create, upload, transmit or furnish using the Cashalo Facility any material, information or content which is or may be covered by copyright, patent, trade secret, trademark, tradename, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licences, rights, consents and permissions to use and to authorise the Company and Cashalo to use any and/or all the content that you create, upload, transmit or furnish using the Cashalo Facility.
  • You undertake not to use fictitious name or make any concealment of true name for the purpose of concealing crime, evading the execution of a judgement, or causing damage.
  • You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Cashalo services, and hereby stipulate admission of liability to the Company, its affiliates, and subsidiaries for whatever loss or damage the Company, its affiliates, or subsidiaries may suffer as a consequence of your use or misuse of the Cashalo services or access to the Cashalo Facility.

 

Third-Party Content & Services

The Cashalo Facility may contain content and/or services provided by third-party providers, including but not limited to online merchants, e-commerce platforms (i.e. iPrice), payment systems providers, e-wallet providers, insurance providers, among others (collectively “Platform Partners” or “Third Party Providers”).

THE USE OF THE SERVICES FROM PLATFORM PARTNERS OR THIRD-PARTY PROVIDERS SHALL BE SUBJECT TO THEIR RESPECTIVE (A) TERMS AND CONDITIONS AND (B) PRIVACY POLICY. PLEASE READ AND REVIEW CAREFULLY BEFORE YOU USE ANY SUCH SERVICE.

You acknowledge and agree that the Company is not responsible or liable for the availability or accuracy, appropriateness, completeness or non-infringement of third-party services, or the contents, products or services available on or through such third-party services. Unless specified by the Company in respect of its Cashalo services via the Cashalo Facility and/or otherwise notified to you, the availability of such third-party services does not imply any endorsement by the Company of such third-party services of the content, products or services available therefrom. The Company and the Cashalo services make no representation or warranties whatsoever about any service, content, and/or other resources provided by the third-party. You may not copy, remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the products or services in respect of any content and/or other resources provided by the third-party.

The Company assumes no responsibility for the conduct of any third-party merchant submitting any content on their products and services or from their resources, and we assume no responsibility for monitoring the Cashalo services for inappropriate contents or conduct. The Company does not, and cannot, pre-screen or monitor all user and partner content. Your use of the Cashalo services and availment of the products and services made available via the Cashalo Facility shall be at your own risk. By using the Cashalo services, you may be exposed to content that may be not in line with your expectations. You bear all risks associated with your reliance on any available content in connection with the Cashalo services.

No Warranty; Errors

The products and services available on the Cashalo Facility, including products and services provided by third parties through the Cashalo Facility are provided on “as is”, “as available” basis and without any representation or warranty of any kind. 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 makes no warranty in any manner whatsoever in respect of the Cashalo Facility and the Cashalo services.

The Company does not warrant the content, quality, accuracy, adequacy or completeness of the information provided over the Cashalo Facility and expressly disclaims liability for any errors or omissions in such information, in particular over any content and/or other resources provided by the third-party in respect of products or services offered through or via linkage to the Cashalo Facility. The Company does not guarantee and promise any specific results from use of products and services made available over the Cashalo Facility or that the availment of any part or all of the Cashalo services will be uninterrupted and error-free.

The Company shall not be responsible for information users or merchant partners may post, disclose, publish, or share on the Cashalo Facility or any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content uploaded, disclosed, published, or shared by other users or merchant partners. The Company is not responsible for the conduct, whether online or offline, of any user or merchant partner of the Cashalo Facility or its products or services made available through the Cashalo Facility.

The Company is not responsible for the accuracy of the information, content, products, or services offered by, or the information practices adopted by sites linked to or from the Cashalo Facility. Since third-party websites, platforms or facilities may have different privacy policies and/or security standards governing their sites, we advise you to carefully review the privacy policies and terms and conditions of these websites, platforms or facilities prior to providing any Personal Data. If you provide any Personal Data to any third-party websites, platforms or facilities, they may process your Personal Data on for its/his/her own purposes, and it/he/she will be responsible for its compliance with any applicable law with regard to your Personal Data and appropriate disclosures to you. You are advised to contact these third parties directly should you have any concerns or queries arising therefrom.

Partner Merchant or Third-Party Products and Services

For purchases of third-party products and services available over the Cashalo Facility, diligence is expected of the User to only transact with reputable merchants. The Company shall not be held liable and accountable for any unauthorized transaction. Once the transaction has been authorized, you bind yourself with the merchant’s terms of sale such as but not limited to on how you will receive the goods and/or services that you purchased (including the validity and expiry of voucher code etc).The Company, its affiliates and subsidiaries are not liable and accountable for any undelivered goods and services, defects, damages and after-sales services of such goods and /or services of third parties. You shall be fully accountable for payment transactions especially in dealing with merchants that may have limited refund policy for disputes.

In the event that your use of the Cashalo Facility is in conjunction with a program initiated by a Platform Partner or any other third party, (i.e. a third party provider, wholesaler, merchant, distributor), which can be in the form of bundled services, financing or purchasing program with your wholesaler/distributor, your access and use of the Cashalo Platform, including the services which are available to you may be restricted, limited, or customized based on the requirements and specifications of such Platform Partner.

Responsibility for Cashalo 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 Cashalo Facility, including any mobile one-time password (i.e. one-time-password sent to your registered phone number that is valid for only one login session or transaction and in a certain period of time, to authenticate and identify you.) (the “Unique User Credentials”). By creating, registering, and maintaining your account, you agree to honour all activities performed and obligations contracted using your Cashalo Account.

You agree and confirm that any use of your Unique User Credentials shall, at all times, be presumed to be accessed 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 including 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 Data at your own risk.

You shall not share your Cashalo Account or login information, nor let anyone else access your Cashalo Account or do anything else that might jeopardize the security of your Cashalo Account.

In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login Information, you must immediately notify us and modify your login Information. You are solely responsible for maintaining the confidentiality of the login Information, and you will be responsible for all uses of the Cashalo Facility and the login Information, including making of purchases and loan applications, whether or not authorized by you. You are responsible for anything that happens to your Cashalo Account.

We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third-party that a user name violates the third-party’s rights.

Restrictions on Use

You agree to abide by all applicable terms and conditions, laws, and regulations in your use of the Cashalo Facility, and availment of products and services available over the Cashalo Facility. In addition, you agree that you will not do any of the following:

  • register for more than one account at any given time, i.e. using more than one international mobile equipment identity (IMEI), using more than one email address, 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 Cashalo Facility, 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 Cashalo Facility, or which may expose the Company or users of the Cashalo Facility 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 Cashalo Facility 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 Cashalo Facility any personal or financial information of any third-party;
  • solicit passwords or personally identify information for commercial or unlawful purposes;
  • use the Cashalo Facility or our products and services in any manner that could damage, disable, overburden, or impair the Cashalo Facility;
  • harvest or collect email addresses or other contact information of other users from the Cashalo Facility by electronic or other means, including the use of automated scripts; and/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.

Reserved Rights

We reserve, at our sole discretion but without obligation, the right to:

  • deny access to the Cashalo Facility and/or discontinue the Cashalo services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold the Company, its affiliates and subsidiaries free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to the Cashalo Facility or the discontinuance of the Cashalo service;
  • collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Cashalo Facility, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold the Company, its affiliates and subsidiaries free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Cashalo Facility;
  • enhance, improve, develop and introduce for the Cashalo services’ new features and functionalities via the Cashalo Facility at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality at the Cashalo Facility shall form part of the Cashalo services as defined herein and thus shall likewise be covered by these Cashalo Terms of Service and its subsequent revisions or amendments, as applicable;
  • verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow the Company to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process information requests; (b) favourably act at all times on any such request by producing the information requested; and (c) when requested, provide the latter with certified digital or printed copies of the said information;
  • send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement, and/or any other information relative to the Cashalo services. The Company and the Cashalo services make no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold the Company its affiliates and subsidiaries free from any liability and/or claims for indemnification or damages that may arise therefrom;
  • set limitations to and charge fees and applicable taxes for the use of the Cashalo services or the Cashalo Facility, at any time and without prior notice (other than required regulatory disclosures which will be disclosed to you). You further understand and agree that the Company and the lender reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Cashalo services, at any time and with prior written notice to you before the effective date of change in fees/ charges/penalties;
  • to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that the Company reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Cashalo services from any or various locations outside the Republic of the Philippines. You hereby understand, agree, and undertake sole responsibility for your continued access to the Cashalo Facility or use of the Cashalo services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

Contracts and Authorizations

Your use and availment of the products and services on the Cashalo Facility 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 Cashalo Facility immediately, without prior notice or liability, for any reason or no reason, including breach of these Cashalo Terms of Service.

Termination of your access to and use of the Cashalo Facility 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

Neither Company, nor the lender nor its affiliates and subsidiaries shall be liable for any loss, cost, compensation, damage or liability to you or third-party arising from, directly or indirectly, or as a result of any or all of the following:

  1. refusal of any bank, financial institution, ATM or merchant establishment and the like to allow, accept or honour the Cashalo service;
  2. the Cashalo services is honoured by any bank, financial institution, ATM or merchant establishment; however, the transaction is not authorized, for any reason whatsoever;
  3. the User is unable to perform or complete any transaction through the use of the Cashalo Application or any part of the Cashalo Facility due to service/ system/ line unavailability;
  4. any delay, interruption or termination of a transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond the Company and the Cashalo service’s control (including, but not limited to, acts of God, strike, labour disputes, fire, disturbance, action of government, atmospheric conditions, interference or damage by third parties or any change in legislation);
  5. unauthorized use of any user Cashalo Account or any loss, costs, damages or payable to any third-party by the User; or
  6. any misrepresentation or fraud by or misconduct of 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 Cashalo Facility, including, without limitation, any damages caused by or resulting from reliance by user on any information obtained from the Cashalo Facility, 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 Cashalo Facility 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 Cashalo Facility, except where such loss or damage arises from our breach of these Cashalo 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 Cashalo 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 Cashalo Terms of Service or any agreement you have entered into pursuant to the Cashalo Facility’s services;
  • your fraudulent use of the Cashalo Facility; and
  • your provision of inaccurate, false or fraudulent data.

 

Intellectual Property Rights

The designs, trademarks, service marks, copyrighted works and/or logos of or found on the Cashalo Facility (“Cashalo Marks”), are owned by or licensed to the Company, similarly the designs, trademarks, service marks, copyrighted works and logos of third parties may be owned by or licensed to the third parties, and subject to copyright and other intellectual property rights under the laws of the Republic of the Philippines, foreign laws and/or international conventions. You may not use, copy, or distribute of any of the Cashalo Marks or designs, trademarks, service marks, copyrighted works and/or logos of third parties found on the Cashalo Facility unless otherwise expressly permitted.

Changes to Cashalo Terms of Service

The Company reserves the right to make changes to these Cashalo 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 notice of the Updated Terms on the Cashalo Facility.

Your use of the Cashalo Facility 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 continuing to use the Cashalo Facility.

Miscellaneous

  • In the event that any provision of these Cashalo 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 Cashalo 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 and/or mobile number 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 mobile number and the Company shall not be liable for any claim of loss or damage for failure to receive such notices. Any message or notice sent to your registered email address or mobile number shall be deemed received and sufficient notice for any purpose required by any law, regulation, agreement or contract.
  • Subject to applicable law, all disclaimers, indemnities and exclusions in these Cashalo Terms of Service shall survive termination of any loan agreement(s).
  • No single or partial exercise, or failure or delay in exercising any right, power or remedy by the Company 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 Cashalo Terms of Service or otherwise.
  • Unless expressly agreed in writing otherwise, these Cashalo Terms of Service set out the entire agreement between you and us with respect to your use of the Cashalo Facility and supersedes any and all representations, communications, and prior agreements (written or oral) made by you or us.
  • These Cashalo Terms of Service are governed by and construed in accordance with laws of the Republic of the Philippines. All matters, claims or disputes arising out of or in connection with these Cashalo Terms of Service, shall be submit to the exclusive jurisdiction of the courts of Pasig City.

This version of the Terms of Service is last updated on April 1, 2024.

 

USER ACCEPTANCE

I confirm having read and understood and agree to the foregoing Cashalo Terms of Service.

By accepting these Cashalo Terms of Service and the Cashalo Privacy Policy I signify my 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 as well as other applicable confidentiality and data privacy laws of the Republic of the Philippines. I 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 Data in relation to my consent or authorization and my use of the Cashalo Facility under these Terms of Service.

DIGITALLY SIGNED

I HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY FUTURE REVISION TO THESE TERMS OF SERVICE. BY CLICKING THE “SIGN UP” OR “CONNECT” OR “REGISTER” OR “SUBMIT” BUTTON OF ANY SOCIAL MEDIA OR PUBLIC PLATFORMS LINKED TO THE CASHALO SERVICES OR FACILITY, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.