DEFINITION OF TERMS
The terms “Lendwell”, ”Lender”, “we”, “us” and “our” refer to LENDWELL SOLUTIONS INC. The terms “Borrower”, “User” and “you” refer to the enrolled user of the Lendwell online lending platform contained in this website (the “Platform”).
These Terms and Conditions form the contract between you as a borrower and user of this Platform, and Lendwell as the lender and owner of this Platform. By accessing this Platform, you expressly agree to be bound by these Terms and Conditions of Use, all applicable laws, rules and regulations and you further agree that you are responsible for complying with any applicable laws.
ACCESS TO THE PLATFORM
- This Platform is available for access at all times. Nonetheless, a portion of or the entire Platform may not be available on rare occasions due to system maintenance or other circumstances beyond our control.
- You will be provided with clear and easy-to-understand instructions on how to access and use the Platform.
- Users will enroll and create an account by creating a User ID and a password (“Login Information”).
- Engaging in activities that disrupt or interfere with the resources of this Platform, including its servers and networks is illegal and is strictly prohibited. Lendwell reserves the right to file the appropriate criminal and civil complaints and cause the prosecution of violators under the law.
ACCURACY OF INFORMATION
- You are fully responsible for and must take all reasonable care to ensure that any information you provide are accurate, complete and current.
- You are responsible for verifying loan history details and statements to make sure that there are no unauthorized transactions. In case there has been an error in your loan history details, you may contact Lendwell Customer Service Support through its email address: firstname.lastname@example.org.
- Any discovered error will be promptly corrected. However, we do not guarantee reversal of any transaction that has been completely consummated and is irreversible. Lendwell shall not be liable for any actual, direct, special and consequential damage, injury or loss incurred as a result of or arising from such error.
- You acknowledge that your current employment is a primary consideration for Lendwell to extend the loan in your favor, without security and other requirements, and you undertake to inform Lendwell of any changes to your employment status within twenty-four (24) hours. Failure to do so may result in the account being tagged as delinquent.
- You further acknowledge that in extending the loan, Lendwell relied on the personal information you provided through your employer or to Lendwell through this Platform. In the event that Lendwell finds out that you knowingly or fraudulently provided any erroneous or misleading personal information, then you agree that the loan will become immediately due and payable upon notice to you. You also agree that Lendwell reserves the right to file an action for damages against you.
SECURITY AND CONFIDENTIALITY OF INFORMATION
- Your privacy and security are important to us. We secure and protect your personal information with appropriate safeguards to ensure privacy, prevent loss or unauthorized use, all in compliance with applicable law. Nonetheless, you agree to take full responsibility for protecting at your end, personal information and account information that are within your control and custody.
- You are required to use secure communication lines and internet connection when utilizing the Platform.
- You are fully responsible for maintaining the confidentiality of your Login Information. Thus, you agree and undertake to regularly change your password.
- You shall assume full responsibility for all loan applications made in your account through the use of your Login Information. Lendwell relies on your warranty and covenant that your Login Information is known only to you and as such, any transaction effected on this Platform using your Login Information shall be conclusively presumed to be done by you or duly authorized by you.
ONLINE AND ELECTRONIC DISCLOSURE AND CONSENT
You acknowledge that your transactions with Lendwell are and will continue to be conducted online or through electronic communications. You agree to receive legal, contractual and general disclosure and communication through this Platform, electronic mail, SMS or other similar means as may be appropriate. You confirm that your receipt of disclosure as required by applicable law, through online or through electronic means, is sufficient for the said purpose.
You further acknowledge that you signify your consent to be bound by any and all agreements, terms and conditions, and contracts in your transactions with Lendwell by clicking on the “Agree and Accept” or similar button while you are logged in at the Platform using your Login Information. You agree that these agreements, terms and conditions, and contracts are binding upon you in the same manner as if you physically affixed your signature thereon.
INTELLECTUAL PROPERTY RIGHTS
Unless stated otherwise, the software used by the Platform and the intellectual property rights to the contents of the Platform are owned by Lendwell.
We retain exclusive rights of ownership of all rights, title and interest in, and to, the Platform and its contents and you are not entitled to copy, scrape, hyperlink to or deeplink to, publish, promote, market, integrate, utilize, combine or otherwise use the content or our brand without our express written permission. Any unlawful use or any of the aforementioned actions will constitute a material infringement of our intellectual property rights.
You shall not to use any electronic communication feature in the website for any purpose that is unlawful, tortuous, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene or threatening.
Lendwell reserves the right to file the appropriate criminal and civil complaints and cause the prosecution of violators under the law.
Materials provided in this Platform are provided "as is" without warranty of any kind, either express or implied. We specifically do not make any warranties or representations as to the accuracy or completeness of any such materials. We periodically modify or update the materials on this Platform without notice and your continued use of this Platform is deemed to be your acceptance of the modified terms and conditions.
LIABILITY AND INDEMNITY
Under no circumstances shall Lendwell and its parent companies, subsidiaries and affiliates, directors, officers and employees be liable for any loss, damage, liability or expense incurred or suffered which is claimed to result from use of this Platform. Your use of this Platform is at your sole risk. Under no circumstances, including, but not limited to, negligence, shall Lendwell and its parent companies, subsidiaries and affiliates, directors, officers and employees be liable for any direct, indirect, incidental, special or consequential damages, even if it has been advised of the possibility of such damages.
You specifically acknowledge and agree that Lendwell is not liable for any conduct of any User of this Platform.
You agree to hold Lendwell and its parent companies, subsidiaries and affiliates, directors, officers and employees free and harmless, as well as indemnify them, from any and all losses, expenses, damages and costs resulting from any violation of these Terms and Conditions.
You also agree to hold Lendwell and its parent companies, subsidiaries and affiliates, directors, officers and employees free and harmless from any liability arising from any loss or damage of whatever nature in connection with loan applications made in this Platform in the following instances:
- Disruption, failure or delay relating to, or in connection with, the Platform which is due to circumstances beyond our reasonable control;
- Loss or damage you may suffer arising out of any improper or fraudulent access or utilization of the Platform due to theft or unauthorized disclosure of your Login Information or violation of other security measures with or without your participation;
- Incomplete, inaccurate, or delayed information you received due to disruption or failure of any communication facilities used for the Platform; and
- Other similar circumstances or reasons.
REVISION OF TERMS AND CONDITIONS
Lendwell may revise these Terms and Conditions of Platform Use at any time without prior notice. By using this Platform, you are agreeing to be bound by the then current version of these Terms and Conditions of Use of Platform Use.
Lendwell has not reviewed all of the sites linked to this website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Lendwell of the linked site. Use of any such linked website is at your own risk.
These Terms and Conditions of Platform Use, and any matter relating to this Platform, shall be governed by the laws of the Republic of the Philippines.
Delay or failure of Lendwell to exact strict compliance with any of the provisions, terms and conditions hereof shall in no way be construed as a waiver or renunciation of its rights and remedies under these Terms and Conditions.
If any one or more of the provisions of these Terms and Conditions is declared invalid or unenforceable in any respect under any applicable law, the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
Any dispute shall be exclusively submitted to the competent courts of Makati City, Philippines.