The words, terms and expressions used in TendoPay Inc. Terms and Conditions shall have the following meaning:
1.1 “TendoPay”-Company (registered as TendoPay Inc.) -offering instalment payment via its proprietary payment method referred to as “TendoPay”.
1.2 “Applicant” –person completing the account registration and application process of TendoPay Inc. Applicant isaperson still undergoing verification process, not eligible to make purchases on partner merchant websites via TendoPay until verified and approved.
1.3 “Partner Merchant” –e-commerce website, which is offering TendoPay as one of its payment options.
1.4 “User” –applicant verified and approved by TendoPay Inc, eligible to make purchases on partner merchant websites via TendoPay.
1.5 “Active User”–User that made a purchase via TendoPay and has at least one of the instalment sales active (i.e. instalment sale not repaid with outstanding balance).
1.6 “Dashboard” –User’sdashboard accessible after logging in to user’s account on app.tendopay.phwith the overview of the completed purchases and its details (e.g. due dates and repayment amounts).
1.7 “Due Date” –date determining the deadline of repayments and other fees/sums due and payable by the User to TendoPay and if applicable, including payment of arrears in monthly repayments and/ or such other sums in arrears by the User. Due dates will stated in the communication with the User and available in user’s dashboard.
1.8 “Repayment” –amount specified in the communications with the user and user’s dashboard. Monthly Repayment is payable monthly on the Due Date stated in user’s dashboard and other communication with the user.
2.1 This Document sets the general terms and conditions applicable to the usage of TendoPay services.
2.2 Thisdocumentmay be executed and delivered by electronic means and upon such delivery the electronic signature/consent will be deemed to have the same effect as ifthe original signature had been delivered to the other party.
3. APPLICANT/USER ELIGIBILITY AND OBLIGATIONS
3.1 TendoPay is available to all Residents of Metro Manila who are at least 18 years of age.
3.2 Applicants must submit all required documents and share required information in order to be eligible for verification. Only approved applicants will be able to use TendoPay.
3.3 All documents and information (e.g. phone number, e-mail address, home address, etc.) submitted by the applicant/user are authentic, current and may be relied upon by TendoPay. Applicant/User will update TendoPay in case of any changes in information submitted during application process immediately by sending an e-mail to [email protected]
3.4 Only ONE account is allowed per customer. Active Users/Users/Applicants are prohibited from creating more than one accoun.In such case, Active User/User/Applicant will be rejected from the application or subject to the termination of service.
3.5 Applicant/User does not have any criminal record and freely and voluntarily enters into Instalment Sale Agreement.
3.6 Applicant cannot make any purchases via TendoPay until his/her account is verified and approved. Verification is conducted by internal TendoPay team. TendoPay reserves a right to decline any applicant without providing a reason.
3.7 Once an applicant is approved, the applicant effectively becomes a user. The user is eligible to be making purchases via TendoPay on partner merchants online stores within granted amount limits and instalment saleconditions.
3.8 Once auser makes a purchase via TendoPay, he/she becomes an active user. Once the instalment sale is settled (i.e. all the obligations are repaid), Status of the active user changes back to “user”.
3.9 If the user remains inactive (i.e. does not make any purchases via TendoPay) within 1 month at any given time, the user will need to provide updated application documents (e.g. proof of address) as requested by TendoPay in order to remain registered as user. Otherwise, TendoPay reserves a right to change the user’s status to applicant.
3.10 This single purchase can include as many items as desired to a maximum limit which is determined based on the risk profile of each customer.
4. INSTALMENT SALE
4.1 Instalment sale is an agreement between TendoPay andactiveuser, who made a purchase on one of the partner merchant online stores via TendoPay(referred to as “Instalment Sale Agreement”)Once an user makes such purchase, he/she effectively becomes an active user.
4.2 Instalment sale period will be selected by the user at the moment of the purchase.
4.3 Initial Outstanding balance is equal to the sum of the value of the purchased product, any fees charged by the partner merchant (e.g. delivery fee)and service fee charged by TendoPay for processing the purchase.
4.4 Service fee will be added to the value of the purchased product by the user on one of the merchant partners online shops and it will be incorporated into user’s monthly repayment. Service feeisdetermined depending on the user’s risk profile.
4.5 Once a purchase is made, the overview of the instalment sale agreement (Amount outstanding, monthly repayment, due dates) will be communicated to the active user.
4.6 Repayment due date -Active user must make each repayment on or before the Due Date. Due dates will be clearly stated in the communication with the user and in the user’s dashboard. If a user does not make a repayment on or before the due date, TendoPay will charge additional late payment fee.
4.7 Late payment fee will apply if an active user does not make a repayment before or on due date. For any overdue repayments, late payment fee will apply.
4.8 Active user can make the repayment (in full or partial amount) before the due date at any time without any additional penalty fees. All early repayments will be first applied to any outstanding repayments, then to any late payment fees and only then to the outstanding balance.
5.1 In the event of default user agrees to pay all reasonable legal fees, collection and enforcement charges to the extent permissible by law in addition to other amounts due.
5.2 Each of the following events constitutes an event of default, irrespective of the reason for its occurrence, or whether it is voluntary or involuntary, or whether it occurs as a result of any court order, law or regulation.
5.2.1 The Active User breaches or otherwise fails to promptly perform any of his/her obligations under this Agreement
5.2.2 The Active User is in default in respect of any other facility or indebtedness granted by TendoPay or third parties
5.2.3 Any event which, in the reasonable opinion of TendoPay, would result in the likelihood that any of the Active User’s obligations under the TendoPay Inc. Terms and Conditions will not be performed or fulfilled, including but not limited to, the death or incapacity of the Active User, TendoPay’s reasonable suspicion that the Applicant/User/Active User went through the application/verification process and made a purchase via TendoPay in order to defraud TendoPay or the Partner Merchant, a change in any law or regulation that affects the validity or enforceability of this Agreement.
5.3 Upon the occurrence of an Event of Default, TendoPaymay, at its sole discretion, without need of notice or demand, and without limitingTendoPay’s rights under applicable law or under thisAgreement, and General Terms and Conditions:
5.3.1 Take such action and exercise such remedies in order to protect and enforce its rights under this Agreement
5.3.2 Declare the Instalment sale Agreementincluding all charges, fees, penalties and interest accrued and unpaid thereon, to be immediately due and payable, without need of presentment, demand, protest or further notice of any kind, all of which are herein expressly and specifically waived by the Active User.
5.3.3 Impose and collect the all the additional Late payment fees, Collection Charges and the Penaltiesas stated in the this agreement.
5.3.4 Impose and recover from the Active Userthe Attorney’s Fees and Agency Fee incurred in connection with enforcing the Active User’sobligations under thisAgreement once the account is referred to legal collections or a collection agency.
5.4 Upon the occurrence of an Event of Default, all outstanding balance and not settled repayments of the Active user with TendoPay shall become due and demandable.
5.5 The rights available to TendoPay under this Agreement and applicable law, may be exercised by TendoPay alternatively, successively, concurrently, and/or cumulatively, at the option of TendoPay
6. ADDITIONAL CHARGES AND FEES
6.1 Late payment fee will apply if an active user does not make a repayment before or on due date. For any overdue repayments, late payment fee will apply. Late payment fee will be computed based on the following formula:0.5% x number of days overdue x total outstanding balance.
6.2 If active user continues not to settle outstanding balance and any other fees, such account will be transferred to the third party debt collection agency.
7. REPAYMENT CHANNELS
7.1 All repayments made by theActiveUser must be made through third parties designated by TendoPay. The list of all available repayment channels is available on TendoPay website.
7.2 TendoPay shall not be held liable for, and the Customer bears the risk of, any delay of failure in crediting oraccepting any payment to TendoPay, due to any event or circumstance including but not limited to, the closure, non-functioning or malfunctioning of the Payment Channel.
8. DATA PRIVACY, PROCESSING AND USE OF INFORMATION
8.1 Applicant/User/Active User expressly consents to the use by TendoPay of any information provided by Applicant/User/Active User or otherwise obtained by TendoPayunder this agreement.
8.2 Applicant/User/Active User expressly consents to the collection and processing of personal information about and/or relating to the Applicant/User/Active User, and to the transfer of such information to third parties including without limitation any of the affiliates or subsidiaries of TendoPay, credit bureaus, government agencies, and collection agencies.
9. SHIPPING AND DELIVERY OF THE PURCHASED PRODUCT
9.1 Shipping and delivery of the product purchased by the user via TendoPay is a responsibility of the merchant partner.
9.2 TendoPay is solely a payment processing provider and it is not responsible for the shipping and delivery of the product purchased by the user. TendoPay is also not responsible for the quality/customer satisfaction/warranty and any other elements associated with the characteristics of the purchased product.
10. REFUND AND REPLACEMENT
10.1 The binding refund and replacement policy is the one of the given partner merchant. ActiveUser needs to follow the refund and replacement policy of the partnermerchant’s website at which the product was purchased.
10.2 If the partner merchant confirms that the purchased product was returned and refunded, TendoPay will cancel all the further settlements with theactiveuser.
11.1 Loss or damage of the purchased product via TendoPay does not release the user from his/her obligations under the terms of this agreement.
11.2 In the case of default TendoPay has the right to repossess the product purchased by the user.
12.1 All messages or communications sent to theApplicant’s/User’s/Active User’sRegistered Contact Details provided to TendoPayare considered to be duly received by the Applicant/User/Active Userif the message is sent by TendoPayto theregisteredemail address or phone number. Once the message is sent by TendoPay to the email address or phone number registered, TendoPayis 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.
12.2 Applicant/User/Active User has a responsibility to secure his/her username, password, electronic signature and other Identification factors provided by TendoPay.
12.3 Applicant/User/Active User is obliged by 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 TendoPay online services.
12.4 In order for TendoPayto render prompt and accurate service, the Applicant/User/Active Userauthorizes TendoPay to record (without TendoPay being necessarily obligated to do so) any and all telephone conversations between Applicant/User/Active UserandTendoPay, regardless of who initiated the telephone conversation. Such authorization to record includes, but is not limited to, recording of instructions, statements, complaints, inquiries by the Applicant/User/Active User, and information regarding TendoPay.
12.5 TendoPaymay use the recorded telephone conversation as proof of Applicant’s/User’s/Active User’sacceptance to any offer or additional or revision of terms made through telephone.
12.6 TendoPaymay also use such recordings for any legal purpose, particularly as evidence in any judicial or administrative hearing or proceeding.
13. GENERAL PROVISIONS
13.1 No failure, omission or delay on the part of TendoPayin exercising any right or power under this Agreementshall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any further exercise thereof. Acceptance by TendoPayof any payment after its Due Date or after an Event of Default has occurred or after legal proceedings have been commenced against the Active Usershall not constitute an extension of time for payment or a modification or novation of the terms of this agreementor in any way prejudice TendoPay.
13.2 TendoPayshall be entitled to sell, transfer, or assign anyof its rights and obligations hereunder to any person, company, or entity without the consent of the User/Active User. Any such sale, assignment, or transfer shall conclusively bind the User/Active User. TheUser/Active Usershall be bound to fulfill and perform all his/her obligations to such transferee or assignee,including the payment of the Instalments. The transferee or assignee shall have the authority of the User/Active Userto collect the due amount. The User/Active Userfor this purpose waives any rights he/she may have under Article 1634 of the Civil Code of the Philippines, Republic Act No. 386.
13.3 In any dispute arising out of or in connection with this Agreement, the entries made in the accounts maintained by, and the records of, TendoPayare prima facie evidence of the matters to which they relate, absent any manifest error.
13.4 If any provision of this Agreementis held to be invalid, illegal or unenforceable in any respect under any applicable law, such invalidity, illegality or unenforceability shall not affect any other provision of the thisAgreement. This Agreement shall be reformed, construed and enforced to the fullest extent possible as if such invalid, illegal or invalid, illegal or unenforceable provision had never been included.
13.5 Any dispute arising from this Agreementshall be brought exclusively in the courts that has jurisdiction over the principal place of business of TendoPay.
13.6 All notices, demands, or other communications required or permitted to be given or made by TendoPayto the Applicant/User/ Active User hereunder shall be in writing and delivered either personally, by registered post, by text message, by electronic mail or through general announcements in its website www.tendopay.phor social media and other channels.
13.7 This Agreement shall be governed by the laws of the Republic of the Philippines.
Applicant/User/Active User confirms having read and understood the entire TendoPay Inc. Terms and Conditions. TendoPay might, at any time update this Terms conditions upon notice, and such amendments will bind Applicant/User/Active User, provided that TendoPay posts the update through its website www.tendopay.ph
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