TERMS AND CONDITIONS FOR BORROWERS
November 5, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using Moneymatch.com.ph (“us, “we”, “our”, “platform”).
Under this Loan Contract, you agree to receive or repay one or more installment loans from us, through the Platform (www.Moneymatch.com.ph).
These terms affect your rights and you should read them carefully and print a copy for your records. Your agreement to these terms means you agree to borrow and repay the money if your loan is funded under the terms of this Loan Contract, agree to transact with us electronically, and agree to have any dispute with us resolved by binding arbitration.
I. ACCEPTANCE OF TERMS OF SERVICE
A. This is an agreement between you (“You” or “you”), a user of this Site and FinTech Global Resources Inc. (“Company”), the owner and operator of Moneymatch.com.ph (“Site”)
II. MEMBERSHIP REQUIREMENTS
A. If you are an Individual Borrower, you must:
- be at least 21 years of age;
- be a resident of the Philippines; and
- meet minimum credit and fraud risk criteria, which will be obtained from our partner credit bureau.
B. If you are a Corporate Borrower, you must:
- be a domestic corporation, with a valid operating address in the Philippines;
- be a stock corporation, public bodies, charities, or trusts;
- have the majority of the directors or partners of your business be permanent residents in the Philippines;
- have your place of operation be in the Philippines;
- have your business, directors, members, partners, or proprietors meet minimum credit and fraud risk criteria, which will be obtained from our partner credit bureau or credit reference agencies;
- not have a pending case in court, or any legal action filed against your corporation; and
- not be a defendant in a civil action.
III. LOAN TERMS
A. Your loan will have a principal balance in the specific amount and on the terms set forth in the disclosures provided to you through your online Moneymatch.com.ph account.
B. You agree and acknowledge that the initial loan disclosures made to you are estimates.
C. Loans may be secured or unsecured, fully-amortizing and are closed-end loans with 6 to 36 months term.
D. A borrower may apply for a loan amount based on the loan product he/she intends to avail:
The personal loan requires no collateral and allows a minimum amount of Php 25,000 and a maximum of Php 100,000 for the first-time borrower, and Php 500,000 for repeating borrowers.
E. The secured loan requires Real Estate Mortgage collateral and allows a minimum amount of 1 Million pesos.
F. Annual add-on interest rates are applied to each loan application based on underwriting process results.
G. Should you apply for a loan on the Platform as a Borrower, your loan application will undergo the necessary underwriting and approval process, prior to posting it in the auction.
H. Lenders (“Lenders”, “Investors”) will be able to review all loan applications. Lenders may commit funds to lend, in various amounts that correspond to all or a portion of your loan request.
I. Moneymatch.com.ph serves as a lending platform, thus only facilitates, enables, and supervises the lending process, and does not bid or fund any loan application.
IV. INFORMATION VALIDATION AND CREDIT VERIFICATION
A. We reserve the right to verify any information you submit, by requiring you to produce appropriate documentation or other proof we deem necessary.
B. We also reserve the right to conduct verification through third-party credit bureau.
C. You hereby authorize us to request and obtain data from a third party to verify any information you provide to us in connection with your loan request.
D. We may terminate consideration of your application at any time in our sole discretion.
V. BORROWER REGISTRATION AND LOAN APPLICATION PROCESS
A. You acknowledge and confirm that, when you apply to borrow money through MoneyMatch.com.ph, you will be borrowing money through MoneyMatch.com.ph from a Lender through peer-to-peer lending and you are not borrowing money to either MoneyMatch.com.ph or any member of MoneyMatch.com.ph.
B. Borrower Registration
- Registration is done through the Platform and clicking “Register as” “Borrower”.
- You must completely fill-out the application form on our Site by providing factual information.
- You must provide an active email address.
- You must verify the email address provided.
- You must provide an active, local mobile number.
- You must verify the mobile number through a One Time Pin (OTP) which will be sent to the registered mobile number by the system.
- Once your mobile number has been verified, you may continue the application process.
- You can then access your Borrower Dashboard (“dashboard”), wherein the information about your account is indicated.
C. Loan Application Process
- You must provide the basic loan terms that you are applying for.
- You must provide factual answers to credit-related questions.
- You must upload photos and other accepted formats of documentary requirements.
- Your loan application will only be processed once you have provided all the required information and documents.
- You must allow at most three (3) working days for loan application validation, verification, and underwriting process.
D. Loan Application Approval and Credit Checking
- Moneymatch.com.ph will verify your loan application.
- You must constantly adhere to the inquiries and requests of our underwriting team to allow the process of validation and verification. This will be done through actively responding to all communications from our underwriters.
- Once the application has been verified and approved, a notification will be sent to the Borrower Dashboard and your e-mail address, and you will be asked to approve details updated by Moneymatch.com.ph.
E. Loan Application Rejection
- Moneymatch.com.ph reserves the right to reject loan applications on our sole discretion.
- In the event that your loan application is rejected, you will be notified through the email and mobile number you have provided.
- In the event that your loan application is rejected, you may re-apply after 3 months.
- Your loan application will be posted for auction for a minimum of fourteen (14) days.
- You may check the status of your loan application and monitor lender bids in your Moneymatch.com.ph account anytime.
- Once your loan is fully funded, and you are satisfied with the interest rate offered by the lender/s, you must accept the funding even before the fourteen days auction is over.
- A notification will be sent to your Dashboard to accept a loan contract. You must accept before we can process the disbursement.
G. Disbursement of Loan Proceeds
- After accepting the loan contract, you may check your Moneymatch.com.ph account balance to see if the amount you loaned is already in your Moneymatch.com.ph wallet.
- To get the loan amount, click the “Claim” button from your dashboard. The amount you claim will be deducted from your Moneymatch.com.ph wallet and will then be processed for disbursement.
- Instructions on how to claim the loan amount and compliance with Know-Your-Client regulations will be sent to you via your e-mail address or mobile phone number.
- Know-Your-Client and Disbursement process is done on the same day and must be conducted in person with our representative in compliance with Banko Sentral ng Pilipinas (BSP) regulations.
- The amount of the monthly or other scheduled repayments payable to Lenders in respect of the loans will be set out in the Loan Contract.
- A detailed payment schedule will be provided to you following the Loan Contract is in force (and such information is also available through your account on the platform).
- We will collect the repayment amounts each month or as otherwise set out in the Loan Contract via Post Dated Checks you provided.
- We will collect the repayment amount due, at most 5 days before the date specified in the Loan Contract to ensure that funds are received and distributed to Lenders.
- The monthly or other scheduled repayments payable due you to each Lenders may be viewed on your Moneymatch.com.ph Account Dashboard.
- You may repay an entire loan early at any time, provided you pay the principal amount outstanding, together with the interest due until the end of the month in which the loan is so repaid. A pre-termination fee equivalent to 1-month interest shall be charged accordingly upon termination.
- In certain circumstances, Moneymatch.com.ph may (but is not obliged to) enforce certain terms of each Loan Contract on behalf of the Lenders bound to it. In doing so, Moneymatch.com.ph is authorized to act as an agent on behalf of the relevant Lenders (in accordance with its agreed terms and conditions with the Lenders) in taking such action.
- In the event that your PDC was not honored by our depository banks, we shall inform you accordingly on the notice of dishonor.
- If you miss a payment or only partially pay the amount due, we (ourselves or through an agent acting on our behalf) will contact you and ask you why you have missed a repayment, and we will attempt to collect the payment.
- We reserve the right to contact you by any method necessary including, but not limited to, by letter, email, phone call, SMS or by sending private messages to your affiliated social media accounts.
- If our reattempt to collect the funds fails two (2) days after the payment was due, your account will be treated as an overdue account, and we will continue to attempt to collect the funds. We may refer the missed payment to a debt collections agency (“Collections Agency”), who will attempt to collect the money on the Investors’ behalf, although we will not apply any collections charges if we do so.
- If payment still has not been made seven (7) days from the date payment was due, Moneymatch.com.ph shall charge you administration fees up to 1.25% per month of the missed payment amount (Principal + Interest), which would be in addition to the loan sums due. We may also charge other fees to cover our tracing charges, field agents’ costs, litigation costs, expenses, and other such fees and in-house collections charges (if the loan is defaulted or becomes 3 months in arrears) incurred by Moneymatch.com.ph in the course of protecting the interests of the Investors.
- If we and/or the Collections Agency is still unable to collect the debt, Investors will assign their loan interests to TITLE SECURE (“Security Holder”) to hold as legal owner on trust for the Investors. Moneymatch.com.ph (as “Security Agent”, acting on behalf of the Security Holder) may take such steps as it considers necessary or desirable to recover the amount owed from you and/or the relevant guarantors, including without limitation to sell the assigned debt to a debt purchaser, instruct third parties to assist with the recovery process, and/or commence formal legal or insolvency action. If such further action is necessary, a collections charge will be added to your debt in addition to any third-party costs (including but not limited to any external legal fees). Such costs and charges will be passed on to you as the defaulting borrower (and are payable immediately). In respect of loans completed on or after 28 September 2015, Investors may not opt-out of assigning their loan parts or whole loans to TITLE SECURE. In respect of loans entered into before this date, Investors are able to opt-out of the transfer of their loan parts or whole loans to TITLE SECURE but if they do so, they undertake to Moneymatch.com.ph and the borrower (amongst others) in the Terms and Conditions for Investors to act at all times in a fair, transparent and proportionate manner having due regard to the borrower and/or guarantor, and in compliance with all relevant laws, regulations and best practice guidance. For the avoidance of doubt, Moneymatch.com.ph has no liability to you whatsoever for the conduct of Investors in any capacity and is not obliged under any circumstances to enforce the Investor undertaking referred to above.
- It is hereby agreed that time is of the essence with regard to payment of each monthly repayment. Accordingly, Moneymatch.com.ph shall, upon default the loan, demand immediate payment of the full amount of the loan (with all outstanding accrued interest) plus costs and the collections charges if any repayment is missed or only partially repaid (and such missed repayment is not remedied within 10 business days), or if you (or any guarantor of the loan) enters or is deemed to be likely to enter any formal or informal insolvency process.
- When the loan has been fully paid, Borrower may re-apply for a new loan.
- BY COMPLETING YOUR APPLICATION AND SUBMITTING YOUR LOAN REQUEST, YOU ARE COMMITTING TO OBTAIN A LOAN THROUGH US IN THE AMOUNT AND ON THE TERMS SET FORTH IN YOUR LOAN CONTRACTS THROUGH US AND THE DISCLOSURES PROVIDED TO YOU IN CONNECTION WITH YOUR REQUEST, SHOULD YOUR LOAN APPLICATION BE FUNDED. YOU HAVE NO RIGHT TO RESCIND THE LOAN ONCE MADE BUT YOU MAY PREPAY THE LOAN AT ANY TIME.
- We will not lend you any funds unless and until sufficient commitments are received from Lenders.
A. Moneymatch.com.ph charges a processing fee of:
- Two Thousand Five Hundred (PhP 2,500.00) for individual personal loan applications;
- Four Thousand Five Hundred (PhP 4,500.00) for corporate loan applications.
- Ten Thousand upfront fee for the secured loan which includes; Appraisal Fee (Php 3,500.00), and Processing Fee (Php 5,000.00).
- Additional fee for Registration & Annotation of Mortgage (Php 6,500.00) once the loan is funded.
B. The processing fee for Personal and Corporate loans are included in the total charge for credit in the Key Contract Terms and is deducted from the amount borrowed before it is transferred to you. You will receive the amount borrowed less the processing fee.
VII. Terminating your membership in www.moneymatch.com.ph
A. If you no longer want to be a borrower of Moneymatch.com.ph, provided that you have no Loan Contracts in force, you can let us know and we will terminate your Moneymatch.com.ph account.
B. We may terminate your account in Moneymatch.com.ph at any time if:
- You breach these Terms and Conditions;
- You breach any term or condition of the Loan Contract, or other documents arising from or on connection with you receiving a loan through our platform;
- You have committed fraud, or have been involved in money laundering or other criminal activities;
- You use any information accessible on or obtained from the platform for the purpose of canvassing or soliciting any person or enticing any person away from Moneymatch.com.ph;
- You use the platform in any of the following ways:
a. in any way that causes, or is likely to cause, the platform or access to it to be interrupted or damaged in any way;
b. for fraudulent purposes, or in connection with a criminal offense;
c. to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or to cause annoyance, inconvenience or needless anxiety.
6. You have provided information that we subsequently found to be materially incorrect, inaccurate, or false.
C. Termination of your membership of Moneymatch.com.ph will not necessarily result in a termination of any Loan Contract to which you are a party at that time.
D. Upon termination, and once all sums actually or potentially due from you to Lenders & us have been repaid, we will credit your bank with any funds left in your Moneymatch.com.ph borrower account or send a cheque to the address last provided by you.
VIII. BORROWER’S AGREEMENTS WITH MONEYMATCH.COM.PH
A. Membership with Moneymatch.com.ph does not in any way constitute an obligation on us to procure funding for borrowers or constitute a warranty or other assurance by us that funding will be available.
B. If any personal guarantee is provided of the borrower’s obligations, the borrower, directors, shareholders and/or members represent and warrant that there has been no undue influence or inducement of the guarantor.
C. If you are a borrower, you cannot be a Lender while you have loans in force. An exception would be where you are lending in your own individual capacity, but you happen to be a director or owner of a business borrowing money.
IX. GENERAL TERMS
A. Moneymatch.com.ph’s principal roles are:
1. To perform introductory functions on behalf of borrowers and lenders in order to bring together prospective borrowers and lenders;
2. To provide a stream-lined process for entering into loans (including the development of standard form loan agreements); and
3. To facilitate the payment and collection of sums due under or in connection with those loans (including certain limited actions upon a borrower’s default as set out in these terms and conditions).
B. While Moneymatch.com.ph adds value to the credit analysis as part of our loan application review and credit assessment processes, the provision of a risk tag classification is intended to be informative only. A lender must form its own opinion regarding the creditworthiness of a borrower, and undertake its own research, analysis and assessment of each borrower for each loan and, where appropriate, seek its own independent financial advice.
C. Save in certain circumstances, Moneymatch.com.ph does not edit the information submitted or uploaded by borrowers, which it then makes available to prospective investors via the platform and, therefore, we cannot guarantee its accuracy. Accordingly, we accept no responsibility or liability for the accuracy of the information provided by borrowers to prospective investors, or the risk tag classifications. Moneymatch.com.ph may from time to time, but accepts no obligation to, update or amend borrowers’ information or the risk tag classification (including between when the loan request is first made and when it is entered, and during the term of any loan). You agree that you shall inform us if any information we publish about you is untrue, inaccurate or misleading in any material respect.
D. A Loan Contract is only formed when the loan request is at least Php 35,000 & above and 80% funded , and the auction is closed (“Auction Close Date”). But, if a loan request is fully funded, the Loan Contract with the relevant offering Investor(s) for the loan (and each of its respective loan parts) shall automatically come into effect and shall be legally enforceable on and from the Auction Close Date.
E. If the loan is not fully funded within the relevant auction period, or if we have exercised our discretion to de-list a loan, then your loan request will be canceled, and any funds bid will be released back to Lenders. If the loan is fully funded, the money will then be transferred from each of the relevant Moneymatch.com.ph Lender accounts by us to your Moneymatch.com.ph borrower account. Interest shall start to accrue on and from the Disbursement Date. You will be sent details of the repayment schedule (15th or 30th of the month) by email, and you will also be able to view this in your account dashboard.
F. Each loan will be effective for the period specified on the Loan Contract.
G. In all Loan Contracts and loan transfer documentation, we will quote a Lender’s address as being “c/o Moneymatch.com.ph”, and state Moneymatch.com.ph’s postal address. Each Borrower agrees that all notices and communications to be given to a Lender will be sent to Moneymatch.com.ph on that Lender’s behalf and that this is sufficient to identify the Lenders for the purposes of the Loan Contracts.
H. The information provided on the platform is directed solely at and is for use solely by persons and organizations that meet the criteria set out in clause II above, and the equivalent criteria set out in the Terms and Conditions for Lenders. This platform is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to applicable law or regulation.
I. Platform content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason outside of required use without our expressed written consent.
J. Moneymatch.com.ph is not responsible for content downloaded or posted by Lenders or borrowers on the platform for we do not edit content downloaded or posted on the platform.
K. Moneymatch.com.ph will ensure that the platform is available for you to use at any time. However, this is something we are not able to guarantee, and there may be times when the platform is not available. We will do our best to notify you via our website when we know this service will be unavailable. You can contact us when the platform is not available by emailing firstname.lastname@example.org.
L. You agree to use the platform only for lawful purposes, and in a way, which does not infringe the rights of anyone else, or restrict or inhibit anyone else’s use and purpose of the platform.
M. You agree not to use the Moneymatch.com.ph platform or any information accessible on or obtained from it for the purpose of canvassing or soliciting any person or enticing any person away from Moneymatch.com.ph.
N. You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the platform is free from viruses, and anything else which may have a contaminating or destructive effect on any part of the platform or any other technology. We reserve the right to delete any file found by our system to be harmful.
O. The content and material available on the platform is for informational purposes only and should not be regarded as an offer, solicitation, invitation, advice or recommendation to buy or sell investments, securities or any other financial services or banking product. If you are unsure about whether a product is suitable for you, you should contact an independent financial adviser.
P. You are responsible for all costs you incur in accessing the platform.
Q. Moneymatch.com.ph accepts no responsibility or liability for your use of content on the platform and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses or other malicious programs on the platform, we accept no liability for them if they do exist. It is your responsibility to use, update and maintain appropriate antivirus software on your computer.
R. Moneymatch.com.ph take reasonable precautions to ensure that our systems are secure. However, information transmitted via the platform will pass over public telecommunications networks. We accept no liability if communications sent via the platform are intercepted by third parties or incorrectly delivered or not delivered.
S. The platform may contain links to third party websites. Moneymatch.com.ph accept no responsibility or liability for any material supplied by or contained on any third-party website which is linked from or to the platform, or any use of personal data by such third party.
X. OTHER IMPORTANT TERMS
A. If any of these Terms and Conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.
B. All disclaimers, indemnities, and exclusions in these Terms and Conditions shall survive termination of the agreement between us for any reason.
C. Moneymatch.com.ph may, in whole or in part, release, compound, compromise, waive or postpone, in our absolute discretion, any liability owed to us or right granted to us in these Terms and Conditions without in any way prejudicing or affecting our rights in respect of that or any other liability or right not so released, compounded, compromised, waived or postponed. No single or partial exercise or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.
D. Please ensure that you read these Terms and Conditions and the Loan Contracts carefully, as these will bind you and govern your relationship with us and Lenders. If you are uncertain as to your rights and obligations under them or would like and explanation, please get in touch with us.
E. Moneymatch.com.ph may assign, transfer, novate or otherwise exercise any of its rights under these Terms and Conditions by itself, or through any company or other legal entity which is under the control or ownership of Moneymatch.com.ph.
F. Moneymatch.com.ph may update or amend these terms and conditions from time to time to comply with the law, or to meet our changing business requirements. We may not always be able to give you advanced notice of such updates or amendments but we will always post them on the platform. In such circumstances, by continuing to use the platform, you agree to be bound by the amended Terms and Conditions.
G. These Terms and Conditions were last updated on July 24, 2018.
H. These Terms and Conditions are governed by Philippine law. In the event of any matter or dispute arising out of or in connection with these terms, we shall submit to the courts of Pasig City, to the exclusion of all others.
A. In the event that you have a complaint, the Company will make every effort to rectify the problem as soon as practicably possible.
B. Please write to us making clear the details surrounding your complaint. You can send your complaint by e-mail, SMS, or through our Facebook Page Messenger.
C. We will endeavor to respond to you to acknowledge your complaint within two Business Days of receiving it. We will endeavor to provide a response to your complaint within ten Business Days of receiving it.
D. If having received our response, you are still dissatisfied, you can escalate your complaint to our Chief Executive Officer who will investigate the complaint personally and provide a final response to you within ten Business Days.
XII. About us
A. Moneymatch.com.ph is a wholly owned brand of Fintech Global Resources Inc, a company duly registered under the laws of the Republic of the Philippines, whose registered number is CS 201619422, and whose registered office and principal place of business is at 24F Penthouse, OMM-Citra Building, San Miguel Avenue, Ortigas Center, Pasig City, 1605, Philippines.
B. If you have any questions about these Terms and Conditions or wish to contact us for any reason whatsoever, please contact us through email@example.com.
C. If you wish to make a formal complaint, you may do so in person, in writing by post, email, or by telephone.