This document sets out the terms and conditions for your use of the digital platform https://www.goevo.ph/ and the EVO Application (hereinafter referred to as the “Platform”) which is owned and operated by Trusting Social AI Philippines, Inc. (hereinafter referred to as “the Company”, “We” or “Us”).
By clicking the “Next” button to signing up for an account on the Platform, you hereby acknowledge and accept the following:
A. YOU HAVE READ AND UNDERSTOOD THE TERMS AS SET OUT HEREIN INCLUDING POLICIES WHICH ARE INCORPORATED HEREIN BY WAY OF REFERENCE.
B. BY ACCESSING OR USING THIS PLATFORM, USING SUCH PLATFORM OR SUBMISSION OF ANY INFORMATION AS SPECIFIED ON THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS SPECIFIED HEREIN INCLUDING THE DISCLAIMERS AND THE PRIVACY POLICY, AS POSTED ELSEWHERE ON THE PLATFORM.
C. YOU WILL BE SUBJECT TO THE RULES, GUIDELINES, POLICIES, TERMS, AND CONDITIONS APPLICABLE TO ANY SERVICE THAT IS PROVIDED ON THIS PLATFORM WHICH RULES, GUIDELINES, POLICIES, TERMS, AND CONDITIONS ARE DEEMED TO BE INCORPORATED INTO THESE TERMS AND CONDITIONS.
Definitions
The following words and terms shall have the meanings set forth below, unless repugnant to the context and/or otherwise mentioned:
“Loan Provider” shall mean a bank or a lending company duly licensed by the Bangko Sentral ng Pilipinas or by the Securities and Exchange Commission to engage in the business of lending money to third persons.
“Company” / “We” or “Us” shall mean Trusting Social AI Philippines, Inc. and includes its successors and assigns.
“Person” includes any individual, partnership, corporation, company, society, unincorporated organization or association, joint venture company, joint stock company, trust or other entity, whether incorporated or not.
“You” / “User” shall mean the Person accessing or using the Platform or submitting any information on the Platform.
- Platform
1.1 The Platform is a digital services platform intended to enable its Users to apply for, and obtain, specific financial products offered by a Loan Provider.
1.2 To enable such services, the Company has entered into contractual arrangements with different Loan Providers wherein the Company provides information on the Loan Provider’s financial products, collects information of the Users who are interested to avail such financial products and provides leads and referral to the Loan Provider. When you access and submit information as specified on the Platform, the Company collects such information from you directly and from third party sources as specified in these Terms and provides the information to the Loan Provider. Based on such information, the Loan Provider evaluates and assesses your eligibility to obtain financial products as may be offered by the Loan Provider.
2. Eligibility
2.1 Use of the Platform is available only to persons at least eighteen (18) years of age and are capacitated to enter into legal agreements. Persons who are incapacitated to enter into legal agreements over their property are ineligible to use this Platform. You declare and confirm that you are at least eighteen (18) years of age, and have the capacity to enter into legal agreements while availing the Services offered herein via this Platform.
2.2 The Company shall not be liable in any manner for usage of the Platform by a person who is not competent to contract. Any misrepresentation of facts on your part, or omission to state facts (willful or otherwise) asked for or otherwise required by the Platform or any person designated by the Platform will cause an immediate termination of your access to the Platform.
3. How the Platform operates
3.1 The Platform enables its users to apply for financial products offered by the Loan Providers by submitting certain preliminary information as may be required on the Platform. The Platform further utilizes such submitted information to access and verify information pertaining to its Users from credible third party databases, and collates such information in a structured form and shares the same with the Loan Provider to enable the Loan Provider to assess your eligibility for financial products being offered.
a. The Platform requires you to submit your basic information such as mobile number on the Platform to start the on-boarding process;
b. When you choose to proceed further, the Platform will send you a one time password (OTP) to verify your mobile number. Please note that by submitting the OTP on the Platform received on your mobile number, you provide your express consent to the Company and the Platform to proceed with the process of collection and verification of your information from third party sources as specified herein and disclosure of such results of such verification to the Loan Provider;
c. Upon submission of the OTP, the Company will share your mobile number with your mobile network operator (e.g., Globe, PLDT, Smart, Sun Cellular) to conduct an evaluation check on the basis of your subscriber data. The evaluation check enables the Company to evaluate your subscriber data and provides results of such analysis to the Loan Provider which is thereafter utilized by the Loan Provider to assess your eligibility for obtaining financial products as may be offered;
d. The Platform thereafter may seek additional information such as name, gender, date of birth, email address, type of employment, monthly net income, residential address, civil status and other employment information.
e. When you opt to proceed further, the information submitted by you as well as results of an evaluation check with your mobile network operator, are shared with the Loan Provider. If the Loan Provider determines that you are eligible for grant of a financial product, the Loan Provider shall provide its in-principle approval for the same. Please note that grant of an in-principle approval by the Loan Provider does not imply that you will be entitled to receive financial product. In-principle approval only signifies the Loan Provider’s willingness to further process your application. Grant of financial products is further subject to availability of documents and verification by the Loan Provider through its Know-Your-Customer procedures.
f. Once the in-principle approval is granted, the Platform will provide instructions on how to obtain the loan from the Loan Provider. The Platform may further redirect you to an external site to complete your application process.
g. All activities of the Platform involving the processing of your personal data is subject to the Platform’s Privacy Policy.
4. Loan Provider Platform / Site
4.1 Upon verification and should you opt to proceed further, you will be redirected to the Loan Provider’s platform / website to complete the on-boarding process. Please note that the Loan Provider’s platform and websites are external links and are not controlled or operated by the Company in any manner the presence of these links should not under any circumstances be considered as an endorsement of the contents of the same or the financial product offered by the Loan Provider.
4.2 The terms and conditions governing your use of financial products offered by the Loan Provider, terms of use and privacy policy governing your usage of the Loan Provider’s platform as well as the manner in which the Loan Provider would use your information once submitted by the Company via the Platform to the Loan Provider are governed by the terms of the Loan Provider’s platform and websites.
4.3 Please note that the company does not control or direct the manner in which the loan provider uses any information submitted by you or otherwise undertake any decisions on behalf of the loan provider while accepting or rejecting your application for grant of a financial product. The Platform only enables collection and processing of your information in accordance with these Terms (including the Privacy Policy as specified herein) and submission of such information to the Loan Provider. You are therefore advised to read the Terms and Conditions as specified in the links which govern your rights and obligations where you opt to proceed further to a Loan Provider’s platform/website.
5. Disclaimers – Financial products
5.1 The Platform may display the logos of the Loan Providers, links explaining its financial product and terms and conditions which may be applicable to an offer of a financial product or other schemes or offers provided by the Loan Provider. Display of such links, logos, schemes, offers or terms and conditions in relation to the Loan Provider or its financial products on the Platform does not in any way imply, suggest, or constitute any sponsorship, recommendation, opinion, advice or approval of the Company with respect to the Loan Provider’s products.
5.2 You agree that the Company is in no way responsible for the accuracy, timeliness or completeness of information available on the Platform. Your interaction with the Loan Provider through the Platform or any external links is at your own risk, and the Company will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of the Loan Provider or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Loan Provider.
5.3 You agree and acknowledge that provision of services and/or financial products shall be at the sole discretion of the Loan Provider while making any transaction through the Platform for a financial product or service offered by the Loan Provider. The Company shall not be held liable for any delay, rejection or approval of any application or communication made through the Platform.
5.4 You specifically agree and acknowledge the following:
(a) The Company does not offer any financial product, service, or advice to any person nor does it guarantee such financial product and/or service by a third party. The Company only provides a Platform for collection, verification and submission of your information provided by you or obtained from third parties to the Loan Provider;
(b) You are advised to obtain complete and accurate particulars from the Loan Provider and evaluate the same as per your needs and requirements prior to accepting any financial product which may be offered. Specifically you are advised to read the terms and conditions of the financial products as offered on the Platform, the links to which may be available on the Platform.
(c) The Company does not guarantee any product offering by the Loan Provider. The Loan Provider will independently verify and assess your information and eligibility to obtain any financial product and may refuse to provide such financial product should you not qualify any parameters or eligibility conditions which the Loan Provider may determine as being necessary. Under no circumstances shall the Company be liable for refusal on the part of the Loan Provider to provide any financial product or for the Loan Provider to offer any products or services which you have not originally applied for;
(d) The Company does not guarantee a sales call and/or inquiry from the Loan Provider pursuant to an application on the Platform. The Company endeavors to implement steps to have the Loan Provider provide a response within a predefined timeline, however, the Company does not control any such activities on the part of the Loan Provider;
(e) Any in-principle-approval of a financial product offered by the Loan Provider is subject to completion of all verification, due diligence and on-boarding formalities by the Loan Provider. Please note that Loan Provider may specify criteria or parameters for in-principle approval of a financial product but may subsequently refuse to offer such financial product basis any additional information which may be obtained by the Loan Provider, whether through the Platform or externally through other sources;
(f) All information collected through the Platform (whether submitted by you or obtained by the Company through external sources) are provided by the Company only to the Loan Providers on the Platform and their service providers, and such other parties as may be defined in Our Privacy Policy or in agreements between You and Us. Additionally, at the time of submission, the Company endeavors to ensure that all such information submitted to the Loan Provider through the Platform is utilized solely for assessing and evaluating the offer of financial product. However, the Loan Provider may use, disclose or process such information for additional activities which are governed by the terms of use and privacy policies of the Loan Provider and the Company shall not be responsible for the same;
(g) While reasonable efforts are made to ensure a smooth and interruption free process, the services on the Platform may be interrupted or delayed on account of several factors including but not limited to interruptions or delays caused by network errors, downtime, or unavailability of Loan Provider’s agents. You acknowledge that the Company will not be liable for such errors or omissions during the on-boarding process on the Platform. The Company does not warrant that the Platform will be accurate, available, and error-free.
6. Charges
6.1 Please note that neither the Company nor the Platform charges you any fees or charges for creating an account or registering on the Platform or to access and use the Platform. However, the Company may introduce paid services for additional functionalities and services. All paid services shall be made known to You.
6.2 However, the terms and conditions of any financial products offered by the Loan Provider may require you to pay such fees or charges as the Loan Provider may stipulate. You are advised to read the terms and conditions of the financial products carefully prior to availing any financial products offered by the Loan Provider.
7. Privacy Policy
7.1 The Company protects user information in accordance with its Privacy Policy which provides a description of the manner in which the Company collects, stores and processes the personal information provided by you. The Privacy Policy defines the policy of the Company relating to the information which is submitted by you or collected through automated means, manner of processing and use of such information as well as rights of the Company to disclose such information to external third parties including Loan Providers and service providers of the Company. The Privacy Policy also specifies the manner in which the Platform may retain your information, duration of such retention and security measures implemented to protect the privacy and confidentiality of your information.
8. Accuracy of Content
8.1 The Company provides the content on the Platform on an “as is” basis, and does not offer any form of warranty with regard to the content’s reliability, stability, accuracy, and completeness.
8.2 In addition you acknowledge that neither the Company nor the Platform directly provides any information pertaining to any financial products or other services being provided by the Loan Provider. Such information may be available on external links which are incorporated on the Platform. You acknowledge that the Company is not responsible for the accuracy of the services and/or products provided by the Loan Provider and you will need to confirm the same with the Loan Provider in case you opt to obtain the financial product(s) offered by the Loan Provider.
9. Intellectual Property Rights
9.1 All Platform content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, database and the selection and arrangements thereof are the exclusive property of the Company, except and to the extent of any logos of the Loan Provider provided on the Platform. Any use of this Platform or its contents, including copying or storing it or them in whole or part, except in the manner as expressly permitted herein is prohibited.
9.2 The Company hereby grants to you a limited, non-exclusive, revocable license to use the Platform within the territory of the Philippines to apply for the financial product(s) offered by Loan Providers and for submission of your information on the Platform.
9.3 Without prejudice to the generality of the aforesaid restrictions, you specifically agree and undertake not to:
(a) Undertake transactions with the use of fictitious accounts or for fraudulent transactions or transactions which are fake or to undertake any activity which may result in or is aimed and intended to cause wrongful loss to the Company. Specifically, you confirm that all information provided by you shall be true and accurate and you shall not provide any information which is false, inaccurate or misleading in manner or on behalf of any third party;
(b) Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
(c) Access, monitor or copy any content or information of this Platform using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
(d) Violate the restrictions in any robot exclusion headers on this Platform or bypass or restrict or circumvent other measures employed to prevent or limit access to this Platform;
(e) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Company’s infrastructure;
(f) Deep-link to any portion of the Platform for any purpose without our express written permission;
(g) "frame", "mirror" or otherwise incorporate any part of this Platform into any other Platform;
(h) Decompile, reverse engineer, modify or disassemble any of the software aspects of the Platform. You are further prohibited from using any network-monitoring or discovery software to determine the Platform architecture, or extract information about usage or other Members/users.
(i) Store or use any downloaded data in an archival database or other searchable database.
9.4 By using the Platform, you automatically consent to abide by any and all of these obligations. A failure to comply with these obligations will render you solely liable and you agree to indemnify the Company for breach of these obligations.
10. User Conduct
10.1 While accessing, browsing or otherwise using the Platform, you agree not to not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harms minors in any manner;
(d) infringes any patent, trademark, copyright, design or other proprietary/intellectual property rights of the Company or of any third party;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person; or
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
11. Submitted Content
By sharing or submitting any content including any data and information on the Platform, you agree that you shall be solely responsible for all content you post on the Platform and Company shall not be responsible for any content you make available on or through the Platform.
12. General Disclaimers
12.1 The Company will endeavor to provide all features and related information and the users are advised to be informed of all such information before accessing using the services or registering on the Platform. The Platform is provided on "as is" and "as available" basis, without any representation or warranties, express or implied except otherwise specified in writing. To the fullest extent allowable by law, the Company disclaims any and all implied warranties relating to the Platform. Without prejudice to the forgoing paragraph, the Company does not warrant that:
(a) The Platform will be constantly available, or will be available at all. The Platform may be down for maintenance or there may be a network problem, or may be experiencing excessive load in which case, the Platform may not be accessible by users; or
(b) The Platform, information, content, materials, software included on or otherwise made available to you through the Platform, its servers, or electronic communication sent from the Platform are free of viruses or other harmful components.
(c) The Platform shall generally meet your requirements;
(d) The information provided is accurate or up-to-date;
(e) That any error/flaw in the technology will be corrected;
12.2 This disclaimer of liability also applies to any damages or injury caused or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
12.3 The Platform shall not be liable for any damage due to any network problem that may be caused by acts of God or any cause that is beyond the control of Trusting Social.
13. Limitation of Liability
13.1 You expressly understand and agree that Company (including its subsidiaries, affiliates, directors, officers, employees, representatives and providers) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, even if Company has been advised of the possibility of such damages, resulting from any access, use or downloading the Platform or its features.
14. Security
14.1 You are prohibited from violating or attempting to violate the security of the Platform. You are prohibited from doing any of the following:
(a) Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
(b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'
(d) Sending unsolicited email, including promotions and/or advertising of products or services; or
(e) Violation of system or network security, which may result in civil or criminal liability.
(f) Any other action which, at our discretion, constitutes or is likely to constitute a threat to the security of the Platform.
15. Indemnity
15.1 You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party, including but not limited to the non-fulfillment of any of your obligations under these Terms or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
16. Governing Law and Jurisdiction
16.1 These Terms shall be construed in accordance with the applicable laws of the Republic of the Philippines. In case of any dispute arising from these Terms or your use of the Platform, you agree to contact the Company and attempt to amicably settle the dispute at the first instance. In case of failure to arrive at an amicable solution through discussion, any claim or dispute commenced by You against the Company shall be finally and exclusively settled by arbitration in the Philippines, under the 2021 Philippine Dispute Resolution Center, Inc. Arbitration Rules (“PDRCI Rules”). The Company shall appoint the Arbitrator and his decision shall be final and binding on the parties hereto.
17. Modification of Terms and Conditions
The Company reserves the right to modify these Terms, at any time, with due notification to you by updating the Terms on the Platform. You are advised to read the Terms on the date of your access and usage.
18. Notices
18.1 In case you require any clarifications or in case of any issues arising pursuant to the terms of use (or related policies), you may contact us at: support.ph@trustingsocial.com
18.2 Applicable laws require that some of the information or communications the Company sends to you should be in writing. When using the Platform, You agree to transact with the Company electronically, and that communication with the Company will be mainly electronic. The Company may contact you by email or provide you with information by posting notices on the Platform. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Company provides to you electronically comply with any legal requirement that such communications be in writing.
19. Contact Us
19.1 If the Company delays exercising or fails to exercise or enforce any right or interest available to it under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
