TERMS AND CONDITIONS OF CREDIT KAAGAPAY

 

Philippines Cashtrout Lending Corporation (together with its affiliates, if any, during the course of providing Services hereof, "the Company," “Credit Kaagapay,” "we," "us," or "our") provides registrants and end-user ("you," "your", "yours," or "User") with certain programs and services as set forth below (the “Programs” and/or “Services”). Credit Kaagapay operates a web/mobile application (the “Credit Kaagapay App”) available for download at the Google Play Store, the Apple App Store, and other similar platforms, and accessible at www.kaagapaycredit.com. The App and the Website shall be together referred to as the “Platform”. These terms and conditions (“Terms” or “Terms and Conditions”) govern the use of or access to the Platform and the Services (as defined below).

 

These Terms and Conditions shall likewise serve as your User Agreement with the Company with legal enforcement, and by downloading, using, and accessing the Credit Kaagapay App and/or availing of the Services found therein, you acknowledge that you have read, understood, accepted, and agree to be bound by these terms.

 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CREDIT KAAGAPAY.

 

MODIFICATION OF TERMS​

Credit Kaagapay reserves the right at any time to amend, change, add, or modify these Terms by posting the new/updated version, without prior notice to the users of the Credit Kaagapay App, and to add new or additional Terms or conditions on use of the Services. You are strongly recommended to regularly review and read these Terms, as well as any updated Terms before you indicate your consent.

 

By initiating and continuing to access or use the Platform or any Service on the Platform, and by clicking on the tick box, you signify your acceptance of the Terms and any modification thereafter. If you do not agree with the Terms or updated Terms, please close the Credit Kaagapay App and do not use and avail of the Services.

 

I. DEFINITION OF TERMS​

  1. Credit Kaagapay refers to Philippines Cashtrout Lending Corporation, a corporation duly organized and existing under the laws of the Republic of the Philippines, and any of its affiliates, either existing or to be established, during the course of providing the Services.
  2. Credit Kaagapay App is a mobile application designed to check personal credit score and credit report.
  3. Offering refers to the provision and delivery of services by Credit Kaagapay to its Users, encompassing all activities available in the Credit Kaagapay App.
  4. Services refer to the services made available to the Users in the Credit Kaagapay App.
  5. User refers to a person who has successfully created and registered an Account in the Credit Kaagapay App.
  6. User Account shall refer to a designated account given to each User, upon successful registration in the Credit Kaagapay App. 

In addition to the above definitions, unless the context requires otherwise, the singular shall include the plural and vice versa; all the headings, subheadings, and bullet points in this Terms are for convenience only and are not to be taken into account to interpret it; the recitals and schedules shall be deemed to form part of this Terms.

 

II. PRIVACY​

Credit Kaagapay collects data in connection with the offering and providing the Services. These Terms also include our Privacy Policy, and any internal guidelines, supplementary terms, policies, or disclaimers made available or issued by us from time to time.

 

In offering and providing the Services, this refers to the process by which Credit Kaagapay shall gather and obtain information that is directly related to the provision and delivery of its Services. This data collection encompasses the acquisition, storage, and processing of various types of information, such as personal details, usage patterns, preferences, and any other relevant data that is necessary for Credit Kaagapay to effectively offer, fulfill and improve its Services to Users.

 

III. SERVICES​

Credit Kaagapay App is a mobile application designed to check personal credit score and credit report. For the purposes of this clause, Services would include any other future services Credit Kaagapay provides/proposes to provide.​

  1. Registration

Only registrants are permitted to obtain Services. You may register on our website, which has no charge. As part of the registration and account creation process, you will provide us with certain registration information. You are solely responsible for remembering and maintaining the confidentiality of your username, password or One-Time Passwords (“OTP(s)”) for all usage or activity on your account, including the use of your account by any person using your password or OTP(s). You agree to comply with all applicable laws and regulations, and not take any action or direct any other person to take any action that is fraudulent or deceptive, infringes on the rights of others or Credit Kaagapay, or that you know is false or misleading.​

  1. Term

Your access to Services shall begin on the day you register on the Credit Kaagapay App, and last until you notify Credit Kaagapay in writing at support.user@kaagapaycredit.com that you wish to cancel your access and Credit Kaagapay ceases your access upon your request, or your access is otherwise restricted or terminated by Credit Kaagapay in accordance with these Terms or as indicated above.​

  1. Access to Services​
    • Once you register with Credit Kaagapay, you may obtain access to the Services immediately. The available Services may be altered at any time without notice by Credit Kaagapay or, if applicable, the third party providing the Service.
    • Some Services offered by third parties are subject to additional Terms and Conditions provided by those third parties. Credit Kaagapay is not liable for any Services provided by third parties, including a failure to provide those Services.
    • User is obliged at his/her own cost, to fully equip and regularly maintain his/her machinery, connection equipment, system software, and application software to be able to safely use relevant Services.

 

IV. ON-BOARDING, REGISTRATION, USER ACCOUNT, and USER DATA​

  1. To avail the Services, a User would be required to create a profile/sign-up on the Platform (“Profile”) using his/her contact number, among other details. In addition to creating the Profile, the User will be required to furnish certain details, including but not limited to contact numbers and address.
  2. The User warrants that all information furnished in connection with its Profile shall remain accurate and true in all respects.
  3. The User further agrees and undertakes to promptly update its details on the Platform in the event of any change or modification of such details.
  4. The User is solely responsible for maintaining the security and confidentiality of its username, password and OTP(s), and agrees to immediately notify Credit Kaagapay in writing, at support.user@kaagapaycredit.com, of any disclosure or unauthorized use of its Profile or any other breach of security with respect to its Profile.
  5. The User expressly agrees to be liable and accountable for all activities that take place through its Profile in furtherance of the use of Service or otherwise.
  6. Credit Kaagapay expressly excludes any liability for any unauthorized access to a User’s Profile.
  7. The User agrees to receive communications from Credit Kaagapay regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about Credit Kaagapay and the Services; (iv) promotional offers and Services from Credit Kaagapay and its third party partners, and (v) any other matter in relation to the Services.
  8. Credit Kaagapay explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

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V. KNOW YOUR CUSTOMER POLICY​

  1. Credit Kaagapay is committed to complying with applicable laws and regulations, including those related to anti-money laundering (“AML”) and counter-terrorism financing (“CTF”). To ensure compliance and mitigate risks, the Company may require the Users to undergo a Know Your Customer (“KYC”) process.
  2. The KYC process serves the purpose of establishing the identity and integrity of the Users, preventing the misuse of the Company's services for illicit activities, and meeting legal and regulatory obligations.
  3. Credit Kaagapay may require Users to upload certain information and documents (“KYC Documents”) that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to:
    • (a) Full name;
    • (b) Date of birth;
    • (c) Residential address;
    • (d) Contact details (phone number, email address, etc.);
    • (e) Government-issued identification document (e.g., passport, driver's license, etc.);
    • (f) Biometric Data; and
    • (g) Any additional information or documentation deemed necessary by the Company.
  4. The User may be requested to provide additional documentation or undergo further verification procedures at Credit Kaagapay’s discretion and/or when required by any of its third party service providers, and any additional information, data, or documentation is required shall be collected and processed upon User’s precise consent.
  5. Credit Kaagapay reserves the right to verify the authenticity and validity of the information and documents provided by the Users through reliable and independent sources. The User hereby authorizes Credit Kaagapay and any third-party service provider the User may engage with or interact with in connection with using the Platform to process KYC Documents and ascertain the User’s eligibility. Any processing undertaken by Credit Kaagapay shall be in accordance with its Privacy Policy and these Terms. It is hereby clarified that the third-party service provider shall be treated as a Personal Information Processor (PIP) of the Company, and as such, they shall be bound by the Company's instructions and contractual requirements as set forth in this statement. The permission granted to the third-party service provider for accessing and processing KYC Documents shall be subject to and governed by the Privacy Policy of such third-party service provider, ensuring compliance with the applicable data protection laws and regulations.
  6. The personal information and documents provided by the User during the KYC process will be used solely for the purpose of complying with legal and regulatory requirements, including but not limited to AML and CTF obligations. Credit Kaagapay shall not disclose or share this information with any unauthorized third party, except as required by law, instructions from governmental institutions or with the explicit consent of the User. The User’s information will be treated with utmost confidentiality and privacy. Credit Kaagapay is committed to protecting the personal data of Users in accordance with applicable data protection laws and regulations.
  7. The User agrees and warrants to provide accurate, valid, true, complete, and up-to-date KYC Documents. Any false, misleading, or fraudulent information provided by the User may result in immediate termination of their account and legal consequences.
  8. The User shall promptly notify Credit Kaagapay of any changes to their personal information provided during the KYC process. Failure to do so may result in the suspension or termination of their account.
  9. The list of the KYC Documents may be provided to the User at the time of creating the Profile/signing up or at a later stage.
  10. Credit Kaagapay may terminate the account of any User who fails to comply with the KYC requirements or violates any Terms and Conditions set forth by Credit Kaagapay.​​

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VI. ACCESS TO CREDIT SCORE AND REPORTS​

  1. Credit Kaagapay cooperates with relevant local credit bureaus in order to obtain credit information and generate personal credit scores and/reports in compliance with relevant laws and regulations. You will be able to check your credit scores and/or reports within the Credit Kaagapay App immediately after such scores and/or reports are generated. PLEASE KINDLY NOTE THAT relevant scores or reports are generated based on original records of local credit bureaus pursuant to Credit Kaagapay’s cooperation with such credit bureaus, Credit Kaagapay does not make any substantial modification or adjustment to such original scores and shall not be liable for any fault, error, loss of credit information and any losses or damages resulting from such fault, error and/or loss unless attributable to Credit Kaagapays’ willful misconduct or gross negligence. By using the App to view your credit score and report, you understand that the credit bureaus' Terms and Conditions shall also apply and you agree to abide by them too.
  2. By utilizing the credit score and report access function, you expressly allow the App to collect your credit score and report on your behalf from the cooperating credit bureaus. You acknowledge and agree that the App will have access to your personal and financial information in order to display your credit score and report inside the App.
  3. While we endeavor to offer accurate and up-to-date credit scores and reports, we cannot guarantee the information's correctness, completeness, or timeliness. Credit scores and reports are supplied "as is" with no guarantees or claims. The availability of credit scores and reports may vary depending on the systems and procedures of the credit agencies, and we will not be held liable for any interruptions, delays, or errors in obtaining or retrieving this information.
  4. Your personal and financial information will be treated in line with our Privacy Policy when you view your credit score and report. Please keep in mind that credit bureaus may have their own privacy rules and data protection methods, which we urge you to study before using this function. We will not be held accountable for the credit bureaus' illegal access, disclosure, or abuse of your information.
  5. We will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the credit score and report access function, to the fullest extent permitted by law. This includes, but is not limited to, any losses caused by mistakes in credit scores or reports, unauthorized access to your information, or inaccessibility or interruption of the feature.
  6. We reserve the right, at any time and without notice, to amend, suspend, or discontinue the credit score and report access service. We have the right to change these Terms and Conditions at any time. Continued use of the feature following such changes constitutes acceptance of the updated Terms and Conditions.
  7. Refund Policy: Once your credit report has any data, with or without a credit score, there will be NO PARTIAL OR FULL REFUNDS for any reason. If your credit report is still pending or has failed after a reasonable period of time since your application, you can request a full refund unconditionally. Please note that refund requests can only be made if the above conditions are met. Credit Kaagapay allows you to check your credit report from the Credit Information Corporation or other credit bureaus once a month for availability until you make a refund request.

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​VII. FINANCIAL PARTNERS AND/OR THIRD PARTY SERVICES​

  1. The Services provided may encompass a range of services, content, documents, and information that are either owned by, licensed to, or otherwise made available by our financial partners and/or a third party (“Third Party Services”) or they may contain links to Third Party Services. Users explicitly acknowledge and understand that the Third Party Services offered are solely the responsibility of the respective third party that has created or provided them and the utilization of such Third-Party Services is solely at their own risk.
  2. Credit Kaagapay explicitly disclaims any representations, warranties, and/or liabilities arising from or in connection with the Third-Party Services, including but not limited to their accuracy or completeness. Moreover, it is expressly stated that all intellectual property rights pertaining to the Third Party Services remain the exclusive property of the respective third-party owners.
  3. In the future, Credit Kaagapay may facilitate payments through designated payment service providers (“PSP”) as partners. Users are hereby cautioned and advised to exercise utmost care and refrain from intentionally or unintentionally disclosing their personal identification numbers (“PIN”) or OTP(s) to any third party. Credit Kaagapay categorically declares that it never solicits sensitive information such as OTP through phone calls or any other means. Users explicitly acknowledge that Credit Kaagapay shall bear no responsibility or liability whatsoever for any fraudulent activities that may arise as a result of the User’s disclosure of such confidential details. Similarly, the Third Party Services and PSP partners shall also be absolved of any liability arising from any fraud perpetrated due to the User’s sharing of such sensitive information. In the event that any fraudulent transactions occur and the injured party seeks resolution by contacting Credit Kaagapay through the appropriate channels, including the customer support via support.user@kaagapaycredit.com, Credit Kaagapay may, but not obliged to, at its discretion, share pertinent transaction information to aid in the resolution process.

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VIII. USER RESPONSIBILITIES​

  1. The User hereby represents and warrants that all information provided through or in relation to the Services is valid, complete, true, and accurate as of the date of agreeing to these Terms, and shall remain valid, complete, true, and accurate throughout the User’s use of the Platform. The User acknowledges that Credit Kaagapay shall not be held responsible or liable for any loss or damage incurred by the User as a result of incorrect, incomplete, inaccurate, or misleading information, documentation, material, or data provided when availing the Services. The User further acknowledges that it has an obligation to disclose any material fact to ensure the accuracy and completeness of the information provided.
  2. The User shall bear sole responsibility for ensuring compliance with all applicable laws and regulations and shall be held solely liable for any liability that may arise due to a breach of its obligations in this regard.
  3. The User agrees to fully cooperate with Credit Kaagapay in the defense of any proceedings initiated against Credit Kaagapay as a result of the User’s breach of obligations or covenants under these Terms. The User understands that failure to provide such cooperation may result in adverse consequences.
  4. The User is strictly prohibited from using the Services in any manner that is not expressly permitted in these Terms. Without limiting the generality of the preceding statement, the User may not:
    • (a) Infringe upon any third-party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, either directly or indirectly;
    • (b) Use the Services in any way, including but not limited to copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating derivative works from, or licensing the Services, except as expressly provided in these Terms;
    • (c) Transmit any data or upload any material through the Services that contains viruses, trojan horses, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
    • (d) Use any robot, spider, automated device, or manual process to monitor or copy the Platform or Services, or any portion thereof;
    • (e) Use the Services in furtherance of or engage in any activity that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, or encourages money laundering, gambling, or any other unlawful activity;
    • (f) Engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory; and
    • (g) Violate any applicable laws in any manner.
  5. The User acknowledges that any violation of the provisions above and other provisions in the Terms (including but not limited to Warrants and Representations made by the User) may result in the immediate suspension or termination of their account and may also incur legal consequences under relevant laws and regulations. Credit Kaagapay reserves all right to claim the User liable for and compensate any and all losses incurred to Credit Kaagapay due to any breach and violation of the User hereunder. To the extent permitted by applicable laws and regulations, the User unconditionally and irrevocably waives his/her rights of defense or claim against Credit Kaagapay in case of any breach or violation of him/her set forth under this Section.

 

IX. REPRESENTATIONS AND WARRANTIES​

  1. You represent and warrant that you:​
    • have full legal capacity and authority to agree and bind yourself to these Terms without subject to any legal or contractual restrictions, and
    • are 18 (eighteen) years of age or older.​
  2. if you represent an entity, organization, or any other legal person, you confirm, represent and warrant that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms.
  3. You likewise agree that the provisions, disclosures, and disclaimers set forth herein are fair and reasonable and that your agreement to follow and be bound by these Terms is voluntary and is not a result of fraud, duress, or undue influence exercised upon you by any person or entity.
  4. You hereby warrant to use the Credit Kaagapay App in compliance with all applicable laws and regulations, and not for any unlawful purposes or conducts. Credit Kaagapay is under no condition be liable for your unlawful usage of Credit Kaagapay App, and reserves the right to claim you liable for any losses incurred due to such unlawful conduct.
  5. You acknowledge and agree that the content on the Credit Kaagapay App is provided on an "as is" and "as available" basis, and that your use of or reliance upon the Credit Kaagapay App and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion.
  6. While Credit Kaagapay makes reasonable efforts to ensure the provision of the Credit Kaagapay App and the services we offer, are available at all times, we do not warrant or represent that the Credit Kaagapay App shall be provided in a manner that is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Credit Kaagapay App due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications or events of force majeure.
  7. To the fullest extent permissible under applicable law, Credit Kaagapay expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.

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X. INTELLECTUAL PROPERTY​

  1. The Credit Kaagapay App and all materials provided therein, including but not limited to the software, HTML code, script, text, artwork, photographs, video, and audio (the "Materials") are protected by copyright laws and/or Intellectual Property Laws. All Materials provided in the Credit Kaagapay App are owned by Credit Kaagapay or its cooperate third parties and licensed or permitted by such third parties, and the Materials are used only for the purpose of offering Services to Users. No right, title, or interest in the Credit Kaagapay App or any of its Materials shall be conveyed to you, the User. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Credit Kaagapay App or any of its Materials without the written consent of Credit Kaagapay. You may also not access or use the Credit Kaagapay App or any of its Materials for any competitive or commercial purpose. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Materials in any way without our prior express written consent. Any unauthorized copying, alteration, transmission, performance, display, or other use of these Materials is prohibited and we reserve the right to hold you legally liable for any such behaviors.
  2. Credit Kaagapay shall retain an exclusive interest in and ownership of its Intellectual Property and nothing in this agreement will function to transfer any of its Intellectual Property rights to any of the Users of the Credit Kaagapay App. Subject to compliance with these Terms, Credit Kaagapay grants the User a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable, and limited license to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
  3. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to Credit Kaagapay’s or any third party’s intellectual rights.​

 

​XI. COMPLAINTS​​

For inquiries and concerns in relation to the Services found in the Credit Kaagapay App, please contact our customer service department at support.user@kaagapaycredit.com

 

XII. TERM AND TERMINATION​​

  1. These Terms shall remain in effect unless terminated in accordance with the Terms set forth herein.
  2. Credit Kaagapay reserves the right to terminate a User’s access to or use of the Services, or any portion thereof, immediately and at its sole discretion if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
  3. Upon termination, these Terms shall be deemed terminated, except for those clauses that expressly or are intended to survive termination or expiry.
  4. Notwithstanding anything to the contrary contained in the Terms, upon the termination of a User’s access to or use of the Services, all amounts or monies due by the User in relation to their use of or access to the Services shall become immediately payable.
  5. The User acknowledges and agrees that Credit Kaagapay shall not be liable to the User or any third party for any losses or damages incurred as a result of the termination of their access to or use of the Services.
  6. Upon termination for any reason, the User shall immediately cease all use of the Services and delete or destroy any copies of the software or materials related to the Services in their possession. The User acknowledges that Credit Kaagapay may retain and use any data or information collected through the User's use of the Services in accordance with its Privacy Policy.

 

XIII. LIMITATION OF LIABILITY 

  1. Credit Kaagapay shall not be liable, unless proven to be guilty of fraud or gross negligence, for any errors in its Services due to wrong or outdated information provided by the User.
  2. You acknowledge and agree that Credit Kaagapay is not engaged in the provision, grant, or disbursement of any financial product. Credit Kaagapay is not and will not be responsible for any claim or for any damages suffered, whether by the Users or any other person or party, that are related, directly or indirectly.
  3. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that Credit Kaagapay shall have absolutely no liability with respect to the same.
  4. To the fullest extent permissible by law, Credit Kaagapay, its affiliates, financial partners, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:
    • your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services;
    • the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorized access to Credit Kaagapay’s records, programs, services, server, or other infrastructure relating to the Services; or
    • the failure of the Services to remain operational for any period of time.
  5. Notwithstanding anything to the contrary contained herein, neither Credit Kaagapay nor any of its affiliates, financial partners, or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge and hold harmless Credit Kaagapay, its affiliated and subsidiary companies, financial partners, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses, and causes of action arising out of the Services.
  6. Credit Kaagapay currently is not a payment aggregator or payment gateway. It is enabling payments for its users via third-party payments service providers. Any charges levied by Credit Kaagapay for usage are service charges. In case you need an invoice for the charges levied, please email support.user@kaagapaycredit.com
  7. Notwithstanding anything to the contrary in these Terms, Credit Kaagapay's total liability to you for any and all claims arising out of or in connection with these Terms or the Services shall not exceed the total amount paid by you to Credit Kaagapay for the Services in the twelve (12) months immediately preceding the event giving rise to the claim.

 

XIV. INDEMNITY​

You shall indemnify, defend at Credit Kaagapay’s option, and hold Credit Kaagapay, its parent companies, subsidiaries, affiliates, financial partners, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, free and harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms, any and all applicable laws, rules or regulations, or any infringement by any third party who may use your account with Credit Kaagapay, of these Terms, any and all applicable laws, rules or regulations. 

 

XV. CONSENT TO USE DATA 

  1. You agree that Credit Kaagapay and any third-party service providers it engages, may, in accordance with its Privacy Policy, collect and use your information and technical data and related information.
  2. Credit Kaagapay may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
  3. Subject to applicable laws, Credit Kaagapay may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, Credit Kaagapay shall have the right to share such data with relevant agencies or bodies.

 

XVI. MODIFICATION OF SERVICES

Credit Kaagapay reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. Credit Kaagapay shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

 

XVII. MISCELLANEOUS PROVISIONS 

  1. Jurisdiction and Dispute Resolution.

a) These Terms shall be governed by and construed in accordance with the laws of the Philippines.

b) Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Makati City in accordance with the Arbitration Rules of the Philippine Dispute Resolution Center, Inc. (PDRCI) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

c) The number of arbitrators shall be one.

d) The language of the arbitration shall be English.

e) The award of the arbitrator shall be final and binding upon the parties.

f) Notwithstanding the foregoing, Credit Kaagapay shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction.

  1. Severability. If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, all other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
  2. Non-waiver of Rights. Failure, omission, or delay on the part of Credit Kaagapay to exercise its rights under these Terms, or any offer of compromise made, shall not be construed as a waiver of its rights, unless the same is expressly indicated in writing. Credit Kaagapay reserves all rights to pursue all legal or judicial remedies to pursue its claims and enforce its rights.
  3. Assignment. You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without Credit Kaagapay’s prior written consent. Credit Kaagapay may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. Credit Kaagapay may assign its rights to any of its affiliates, financial partners, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to you.
  4. Notices and Communications.
    • All notices, requests, demands, and Communications for Credit Kaagapay from Users under these Terms (other than routine operational communications) shall be sent to support.user@kaagapaycredit.com
    • All notices, requests, demands, and communications from Credit Kaagapay to Users under these Terms shall be sent to the address and contact details as provided by you upon registration with the Platform, and any change to such address or contact details should be promptly reflected in the Platform by the User, otherwise any consequences of failure to receive messages from Credit Kaagapay shall be solely borne by the User himself/herself. All official messages or communications sent to the User’s contact details, via email, SMS, or other electronic means, provided to Credit Kaagapay are considered to be duly received by the User if the message is sent by Credit Kaagapay to the registered email address or phone number. You are responsible for maintaining updated contact information. Failure to receive notices due to outdated details does not exempt you from obligations.
    • Once the message is sent by Credit Kaagapay to the email address or phone number registered, Credit Kaagapay is no longer responsible for its security, confidentiality, or any acts of any respective service providers (email service provider, mobile operator), nor any acts caused by unauthorized use of the provided email address or phone number.
    • For Credit Kaagapay to render prompt and accurate service, the User authorizes Credit Kaagapay to record (without Credit Kaagapay being necessarily obligated to do so) any and all telephone conversations between User and Credit Kaagapay, regardless of who initiated the telephone conversation.
    • Credit Kaagapay may use the recorded telephone conversation as proof of User’s acceptance of any offer or additional or revision of Terms made through telephone.
    • Credit Kaagapay may also use such recordings for any legal purpose, particularly as evidence in any judicial or administrative hearing or proceeding.
  5. Third Party Rights. No third party shall have any rights to enforce any Terms contained herein.
  6. Translations. Credit Kaagapay may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the Terms of the English version shall prevail.
  7. Subcontract. Credit Kaagapay may subcontract any part or parts of the Services it provides to you at any time.
  8. Amendment. Credit Kaagapay may amend or vary the Terms at any time without prior notice to you and without your consent.
  9. Entire Agreement. The Terms, the Privacy Policy and the respective amendments, and any undertaking you executed in relation thereto shall constitute the entire agreement between you and Credit Kaagapay. In the event of any conflict between these Terms and any other term or provision on the Credit Kaagapay App, these Terms shall prevail.
  10. Digital Form. The Terms may be executed and delivered by electronic means and in digital form, which shall have the same legal effect as if it is executed and delivered in paper or written form.
  11. Force Majeure. Neither party shall be liable for any failure or delay in performance under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.

 

 

Date Updated: [May, 2025]