Terms and Conditions for LENDERS / INVESTORS
April 12, 2019
Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using blend.ph (“us,” “we,” “our,” “platform”).
These Terms and Conditions 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 part with and invest your money in order to facilitate and establish Loan Contracts with prospective borrowers through the use of this platform
ACCEPTANCE OF TERMS OF SERVICE
- These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), a user of this Site, and Inclusive Financial Technologies, Inc. (“Company”), the owner and operator of blend.ph (the “Site”), concerning your access to and use of the https://blend.ph/ website, as well as any other media form, media channel, or mobile website related, linked or otherwise connected thereto (collectively, the “Site”).
- We do not provide any advice, nor do we make any recommendations to our investors. We solely perform, on an “execution-only” basis, the matching of borrowers through the platform to you, as a lender, at your request.
- You should consider whether our lending services meet your acceptable risk levels and investment objectives and you should only commit such funds for which you are able to financially bear the risk of a loss considering all other financial commitments.
- By using our services, you confirm that you have the necessary experience and knowledge in order to understand the risks involved in the transaction or are able to take advice from a relevant qualified investment professional or advisor to assist your understanding of the risks involved.
- Creation of Account. You must accomplish the registration process by providing us with complete, current, and accurate information as prompted by the applicable registration form in our Site. You will also be required to have a username and password.
- As a member of the Site, you make the following and continuing representations, warranties, and undertakings throughout the lifetime of your account:
1.1. You are an individual, sole proprietorship, or the duly authorized representative of a corporation, branch office, or partnership;
1.2. You are at least 21 years of age or over, and capable of taking responsibility for your own actions, and are fully capacitated to enter into legally binding agreements;
1.3. If you are a corporation, branch office, or partnership, you must be registered with the Philippine Securities and Exchange Commission (SEC) and have a permanent place of business in the Philippines, and that the account holder is the duly authorized representative of the entity, capable to contracting or funding loans; and
1.4. If you are a sole proprietorship, you must be duly registered with the Department of Trade and Industry (DTI).
- The representations and warranties above are continuous and unbroken throughout the lifetime of your account.
- You hereby authorize the Site without liability whatsoever to suspend your account if, in our opinion, we believe that your account is being subject to misuse. In such a case, we will do our best to reach you at the earliest possible time to resolve the issue.
- You shall not take or permit any action to be taken that may cause such representations and warranties to be untrue or inaccurate.
- If at any time, any of the above representations and warranties are no longer true or accurate, you shall contact the Site within five (5) days and disclose which representations and warranties are, or may, no longer be true or accurate.
- You authorize us, at any time, to use any means that we consider necessary for the verification of your identity with any third-party information providers, which include, but not limited to: credit information service companies; or credit bureaus.
- Personal Information.
- By registering with us, you are accepting these Terms and Conditions and likewise consent to the Site’s collection, use, disclosure, holding, and protection of your personal information as indicated below:
1.1. Your name, age, address, contact number, date of birth, email address, bank details or any other financial information which may be related to any prospective loan contract;
1.2. Other information that you provide to us that does not identify you personally, such as records of your visits and information that you submit when using the Site;
1.3. Information that may be obtained from third parties; and
1.4. Usage of and access to the Site.
- Use of Information.
- Collection of Personal Information.
- By registering in the Site, you authorize us to utilize any form of using technology to collect personal information, such as, but not limited to general log information, cookies, tracking technologies, and referral information from third-party websites.
- Information Disclosure.
- You authorize us to disclose and share your information for the following reasons:
1.1. To our agents and subcontractors, acting for us or for other lenders, for any of the purposes described in these Terms and Conditions, which include, but not limited to credit bureaus, credit information service companies, or special accessing entities;
1.2. to law enforcement agencies and fraud prevention agencies for the purposes of identifying, preventing, detecting or tackling fraud, money laundering, and other crime;
1.3. to meet our obligations to any relevant regulatory authority; and
1.4. if we have to by law or it is for the public interest.
- Account Responsibility.
- You are entirely responsible for the maintenance of the confidentiality of your account. You are likewise responsible for any and all activities that occur on your account, including, but not limited to, the contracting of obligations on your behalf, which you hereby agree to honor.
- You hereby agree to notify us immediately of any unauthorized use of your account or any other breach of security.
- Liability for Misuse of Account.
- We are not liable for any loss that you may incur as a result of someone else’s use of your password or account, either with or without your knowledge.
- You could be held liable for losses incurred by yourself, the Company, or another party due to someone else’s use of your account or password.
- You may not use anyone else’s account at any time, without the permission of the account holder.
- Account Security.
- You hereby agree that we cannot guarantee any unauthorized access by third parties. However, to counter any unauthorized access, we implemented in our Site security measures to eliminate, or at the very least minimize any untoward obstruction of privacy. Moreover, you acknowledge that you provide your personal information at your own risk.
III. LENDER QUALIFICATIONS.
- If you are an Individual Lender, you must:
- Be at least 21 years of age;
- Be a resident Filipino citizen currently residing in the Philippines, or foreigner with Certificate of Alien Registration, or an OFW with an existing local bank in the Philippines;
- Have a valid social security number or Tax Identification Number (TIN); and
- Be gainfully employed or own a business to facilitate lending;
- If you are a Corporate Lender, you must:
- Be a domestic corporation duly-organized under the Philippine laws, with an existing and valid operating address in the Philippines;
- Be a stock corporation, public body, poor trusts;
- Have a majority of the directors or partners of your business, permanent residents in the Philippines;
- Have your center of main interest in the Philippines; and
- Have your business, its directors, members, partners, or proprietors meet minimum credit and fraud risk criteria, which will be obtained from credit reference agencies.
- The loan will have a principal balance in the specific amount and on the terms set forth in the disclosures provided to the borrower through his/her online blend.ph account. The borrower is informed that the initial loan disclosures made to him are estimates. All loans are unsecured, fully-amortizing, closed-end loans with a minimum of 6 months, up to three (3)-year term.
- The borrower may post a loan request on the Platform as “Borrower,” and various lenders (“Lenders,” “Investors”) will be able to review the borrower’s loan request. Lenders may commit funds to bid, in various amounts that correspond to all or a portion of the borrower’s loan request. blend.ph may also choose to invest in all or part of the borrower’s loan, but is not obligated to do so.
- You acknowledge and confirm that, when you offer to lend money through blend.ph platform, you will be offering your money to be lent by blend.ph to a borrower through peer-to-peer lending and you are not lending money to either blend.ph or any member of blend.ph.
- Lender Registration. Below is the procedural process for you to be registered as a Lender in our Site:
- In order to lend money using blend.ph, you must register through the platform by clicking “Register as Lender”.
- The screen will prompt a Lender Registration Form and 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.
- After submitting the Lender Registration Form, verify your account through a One-Time Password (“OTP”) which will be sent to your mobile phone number. Input the OTP on the Platform to validate your mobile phone number.
- Continue filling out the Lender Profile Application Form with all the necessary details, to wit:
7.1. Amount of investment;
7.2. Investment purpose; and
7.3. Required interest rate.
- You need to upload at least one (1) primary ID or two (2) Secondary IDs; make sure all IDs are clearly and entirely visible in the photo you are uploading.
8.2. Driver’s License;
8.3. NBI Clearance;
8.4. Alien Certification of Registration / Immigrant Certificate of Registration
8.5. Unified Multi-Purpose ID (UMID) / Social Security System (SSS) card
8.6. Professional Regulation Commission (PRC) ID
8.7. PhilHealth ID (Digitized PVC)
8.8. Postal ID (issued 2015 onwards)
8.9. Police Clearance
8.10. TIN ID
8.11. Barangay Certification
8.12. Senior Citizen Card
8.13. Overseas Workers Welfare Administration (OWWA) ID
8.14. Voter’s ID
8.15. Company IDs issued by private Entities or Institution registered with or supervised or regulated either by the Bangko Sentral ng Pilipinas (BSP), Security Exchange Commission (SEC), or Insurance Commission (IC).
- You can then access your Lender Dashboard (“dashboard”), wherein the information about your account is indicated.
- Lender Registration Approval.
- Upon the completion of the Lender Registration. You will receive a notification through your e-mail address bearing instructions on how to activate your account.
- blend.ph will then verify your information and approve your registration within three (3) working days.
- Once the registration has been verified, a notification will be sent to the registered email address.
- Another notification will be sent to provide further instructions on how to deposit the desired amount to be used in funding loan applications.
- After your deposit has been approved and credited, check your account balance. If you have sufficient funds in your blend.ph wallet you can now view loan applications that are ready for bidding.
- Log in to the Platform using your Investor Account to check your dashboard for any loan applications on auction.
- Choose which loan application you wish to fund and place your bid. Input the Bidding Amount and Interest Rate.
- You may fund as many loan applications as you want as long as you have sufficient funds in your blend.ph wallet.
- Once a borrower accepts your bid, a notification will be sent to your email address and you should be able to see your account activities under the transactions tab on your dashboard.
- All of your Lending Commitments are visible to you within the “My Account” section of our platform. Importantly, you can also view how much of your Lending Commitment is actually on loan on a real-time basis.
- Withdrawal and Repayment
- Repayment of the monthly dues will start one month after the loan contract is in force.
- Every month, an amount of repayment from the borrower will be added to your blend.ph wallet.
- You can view your transaction from your Lender Dashboard to monitor which borrower submitted payment.
- You may withdraw funds from your blend.ph wallet anytime by clicking the “Claim” button on your blend.ph wallet and the funds you wish to take will be transferred to your bank account registered with blend.ph.
- The minimum withdrawal amount is Php 1,000 for every transaction.
- You hereby irrevocably appoint the blend.ph as your agent to perform all duties relevant to the Loan Contract for as long as these Terms remain in force and to manage the recovery processes where any Borrower has failed to make payments to you under any Loan Contract or where a Default Event has occurred. As part of this recovery process, you provide us with the requisite authority to sub-contract this process to a third party to act on your behalf.
- You are not permitted to vary or cancel the terms of any Loan Contract to which you are matched as a Lender.
- blend.ph charges a corresponding service fee to cover administrative cost in processing the loan transaction that varies depending on the loan product.
- This transaction fee is included in the total interest charge for the loan you have funded and shall be deducted accordingly from the monthly borrower repayment schedule.
- An administrative fee of 5% of the deposited amount shall be charged to a lender who request to withdraw their deposit; without pre-existing investment activity on their blend.ph lender account; and did not fund any loan. This administrative fee shall cover the check fee, manpower expense, & bank processing fee.
VII. TERMINATING YOUR MEMBERSHIP IN BLEND.ph
- Voluntary Termination. If you no longer want to be an Investor of blend.ph, provided that you have no Loan Contracts in force, let us know through a formal letter of such intent and we will end your membership. The letter shall also state your lender ID, email, full name, and date of birth. Once the account has been deleted, retrieval is not possible.
- Involuntary Termination. We may end your membership in blend.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 in 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 blend.ph;
- You use the platform in any of the following ways:
5.1. In any way that causes, or is likely to cause, the platform or access to it to be interrupted or damaged in any way;
5.2. for fraudulent purposes, or in connection with a criminal offense;
5.3. 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.
- You have provided information that we subsequently found to be materially incorrect, inaccurate, or false.
- Termination of your membership of blend.ph will not necessarily result in a termination of any Loan Contract to which you are a party at that time.
- Upon termination, and once all sums actually or potentially due to you from borrowers have been repaid, we will credit your bank with any funds left in your blend.ph blend.ph Wallet or send a cheque to the address last provided by you.
VIII. INVESTOR’S AGREEMENTS WITH BLEND.ph
- As an Investor, you agree that:
- blend.ph is giving no undertaking nor giving any warranty or representation as to:
1.1. the ability of a Borrower to pay; and/or
1.2. a Borrower’s credit risk.
- blend.ph is in no way liable for the debts of Borrowers;
- Calculations that we may provide on the platform regarding the likely rate of return on loans are for guidance purposes only and are not guaranteed;
- Information on the platform does not constitute advice, recommendation, or an endorsement of loan requests or Borrowers and that the information is not intended to be relied upon as a sole basis for deciding whether or not to lend to a particular Borrower;
- blend.ph is making no representation nor giving any warranty as to the accuracy of the data displayed for loan requests, nor whether the information is up to date or error free;
- blend.ph does not guarantee that:
6.1. there will be sufficient bids to fully fund loans and allow your funds to be lent out;
6.2. there will be sufficient borrowers for you to lend to; or
6.3. there are sufficient other investors to buy your funded loans should you wish to sell them.
- blend.ph does not guarantee that loan parts listed for sale will be bought by other investors, or the time it will take to withdraw funds from the platform by selling loan parts; and
- You are bidding and lending entirely at your own risk:
8.1. Where blend.ph has implemented any form of personal guarantee in support of a loan on your behalf as an Investor, you accept that the enforceability of such personal guarantee shall be subject to normal legal risks and limitations. We cannot and do not ensure that any individual providing such a guarantee has been independently advised on the impact of such a personal guarantee. Such guarantees can be open to challenge in circumstances where the individual granting the guarantee has been subject to undue pressure or influence from a third party;
8.2. The platform is not intended or designed to be used, nor does blend.ph permit any use of the platform, as a vehicle for generating loan assets (or purchasing interests in loan assets) as part of an investor’s (or a fund manager of an investor’s group) securitization or fund-raising strategy, and shall not be used as such by any investor or an investor of an investor’s group without the prior written consent of blend.ph (such consent may be withheld in blend.ph‘s absolute discretion).
- blend.ph’s principal roles are:
- to perform introductory functions on behalf of borrowers and investors in order to bring together prospective borrowers and investors;
- to provide a streamlined process for entering into loans (including the development of standard form loan agreements); and
- 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).
- While blend.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. An Investor must form his own opinion regarding the creditworthiness of a borrower, and undertake his own research, analysis, and assessment of each borrower for each loan and, where appropriate, seek his own independent financial advice.
- Save in certain specified circumstances, blend.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. blend.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 into, and during the term of any loan). You agree that you shall inform us if any material information we publish about you is untrue, inaccurate or misleading.
- A Loan Contract is only formed when the loan request is at least Php 35,000 & above and 80% funded, and the listing is closed (“Listing 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 Listing Close Date.
- If the loan is (a) not fully funded within the relevant auction period, or (b) if we have exercised our discretion to de-list a loan, then the loan request will be canceled, and any funds bid will be released back to investors. If the loan is fully funded, the money will then be transferred from each of the relevant blend.ph investor accounts to the blend.ph borrower account. Interest shall start to accrue on and from the Listing Close Date.
- Each loan will be effective for the period specified in the Loan Contract.
- In all Loan Contracts and loan transfer documentation, we will quote an Investor’s address as being “c/o blend.ph,” and state blend.ph‘s postal address. Each Borrower agrees that all notices and communications to be given to an investor will be sent to blend.ph on that investor’s behalf and that this is sufficient to identify the investors for the purposes of the Loan Contracts. Details of relevant investors are available to you upon request.
- The information provided on the platform is directed and for use solely by persons and organizations that meet the criteria set out in Part III hereof, and the equivalent criteria set out in the Terms and Conditions for Investors. 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.
- We will ensure that the platform is available for you to use at any time. However, this is not something we are 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 [email protected]
- 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 enjoyment of the platform.
- You agree not to use the blend.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 blend.ph.
- 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.
- 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.
- You are responsible for all costs you incur in accessing the platform.
- We accept 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.
- We 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.
- The platform may contain links to third party websites. We 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.
OTHER IMPORTANT TERMS
- 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.
- All disclaimers, indemnities, and exclusions in these Terms and Conditions shall survive termination of the agreement between us for any reason.
- We 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.
- 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 the borrowers. If you are uncertain as to your rights and obligations under them or would like an explanation, please get in touch with us.
- blend.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 blend.ph.
- These Terms and Conditions were last updated on April 12, 2019.
- These Terms and Conditions are governed by Philippine laws. 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.
- In the event that you have a complaint, the Company will make every effort to rectify the problem as soon as practicably possible.
- Please write to us making clear the details surrounding your complaint. You can send your complaint by e-mail, or through our Facebook Messenger Page.
- We will endeavor to respond to you to acknowledge your complaint within two (2) business days of receiving it. We will likewise endeavor to provide a response to your complaint within ten (10) business days from receipt of the complaint.
- If you are dissatisfied with our response, you may elevate your complaint to the Company’s Chief Executive Officer who will personally investigate your complaint and provide a definitive response to you within ten (10) business days.
XII. ABOUT US
- blend.ph is a wholly owned brand of Inclusive Financial Technologies, Inc, a company duly registered under the laws of the Republic of the Philippines, the whose registered number is CS 201619422, and whose registered office and principal place of business is at Penthouse OMM-CITRA, San Miguel Ave, Ortigas Center, Pasig City, Philippines.
- If you have any questions about these Terms and Conditions or wish to contact us for any reason whatsoever, please contact us through our website at https://www.blend.ph/.
- If you wish to make a formal complaint, you may do so in person, in writing by post, email, or by telephone.