TendoPay Inc. Terms and Conditions
As used in this T&Cs, the following words, terms, and expressions used in shall have the meanings ascribed to them:
- “Templetech Finance Corp.” – is a company registered in the Philippines and authorized by the SEC to operate as the financing corporation offering its loan products and installment payment option under the brand of TendoPay.
- “TendoPay” – is the brand of Templetech Finance Corp. offering installment payment via its proprietary payment method referred to as “TendoPay”
- “Applicant” – is a person completing the account registration and application process of TendoPay. Applicant is a person still undergoing verification process, not eligible to make purchases on partner merchant websites via TendoPay until verified and approved.
- “Checkout option” – Means one of the options to buy products online in installments with TendoPay. User can make a purchase via checkout option by selecting TendoPay payment method available at the checkout on partner merchant website.
- “Voucher” – One of the options to buy products online on installments with TendoPay. User can make a purchase via voucher option by purchasing a voucher of a selected partner merchant with selected denomination on www.tendopay.ph. Purchased voucher can only be used and applied on selected partner merchant website.
- “Partner Merchant” – e-commerce website, which is offering TendoPay as one of its payment options.
- “User” – Applicant verified and approved by Templetech Finance Corp., eligible to make purchases on partner merchant websites via TendoPay.
- “Active User” – User that made a purchase via TendoPay and has at least one active loan (i.e. not fully repaid loan with outstanding balance).
- “Dashboard” – User’s dashboard accessible after logging in to User’s account on app.tendopay.ph with the overview of the completed purchases and its details (e.g. due dates and repayment amounts).
- “Due Date” – date determining the deadline of repayments and other fees/sums due and payable by the User to Templetech Finance Corp. and if applicable, including payment of arrears in semi-monthly repayments and/or such other sums in arrears by the User. Due dates will be stated in the communication with the User and available in User’s Dashboard.
- “Repayment” – amount specified in the communications with the user and user’s dashboard. Semi-monthly Repayment is payable twice a month on the Due Date stated in User’s Dashboard and other communication with the User.
- “First payment” – percentage of the value of the purchased product, which needs to be paid up-front in order to complete the transaction and obtain the loan.
- “Personal Information” – means the Applicant/User/Active User’s phone number, name, date of birth, identification number or passport number and/or such other information deemed to be personal data and/or personal information pursuant to the Data Privacy Act of 2012 and its Implementing Rules and Regulations
- “Terms and Conditions” / “T&Cs” – has the meaning set forth above
- “Services” – shall include any form of services or products that TendoPay which the Applicant/User/Active User may from time to time subscribed to.
- “Late Payment Fee” – means the late fees applicable if the Active User fails to make any payments due to TendoPay at the due date for such payment.
In addition to the above definitions, unless the context requires otherwise, the singular shall include the plural and vice versa; a reference to any one gender, whether masculine or feminine, includes the two; all the headings, subheadings and bullet points in this T&Cs are for convenience only and are not to be taken into account for the purposes of interpreting it; the recitals and schedules shall be deemed to form part of this T&Cs.
- You must carefully read and understand the T&Cs as amended from time to time. You will be deemed to agree to the T&Cs upon clicking the “accept” option on the TendoPay Platform asking you to confirm that you have read, understood and agreed to abide by the T&Cs. If you do not agree with the T&Cs, please click the “Cancel” option. Please note that you will not be able to access the Services if you click the “Cancel” option.
- This Document sets the general terms and conditions applicable to the usage of TendoPay Services.
- This document may be executed and delivered by electronic means and upon such delivery the electronic signature/consent will be deemed to have the same effect as if the original signature had been delivered to the other party.
- By using the TendoPay Platform or any of the services, we offer you consent to us collecting and using technical information about the equipment and related software, hardware and peripherals for the services that are internet-based or wireless to improve TendoPay’s products and to provide any services we offer to you. If you use these services, you consent to Templetech’s and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your personal information and/or relevant data in connection with Templetech’s credit scoring services and/or to improve Templetech’s services and/or your experience while using the TendoPay Platform.
APPLICANT/USER ELIGIBILITY AND OBLIGATIONS
- TendoPay is available to all Filipino citizens who are at least eighteen (18) years of age.
- TendoPay is available in the areas/regions indicated in the Application Form.
- Applicants must submit all required documents and share required information in order to be eligible for verification in accordance with Know-Your-Customer requirements which will be used to determine your eligibility to use the TendoPay Platform, such as but not limited:
- First Name
- Last Name
- Mobile Number
- Email Address
- Name of Employer, Status of Employment, Salary
- Government I.D.
- Date of Birth
- Present and Permanent Address
- You represent that all information that you will provide is true and accurate. You will keep your information up to date by informing us of any change/s through the management of your account.
- By registering an account, you represent that you are at least eighteen (18) years old. You are responsible for providing correct registration information.
- Only approved applicants will be able to use TendoPay. We reserve the right to request for additional information to aid in account verification, as well as close, suspend or limit your access to the TendoPay Platform in the event of incomplete or incorrect information provided.
- Applicant/User shall keep his/her information up to date. In case you change the provided Email address you shall immediately modify it in your Dashboard. In case any other of the provided information is changed you shall immediately notify Templetech by sending an e-mail to [email protected]
- Templetech’s acceptance of your loan application will be displayed on the TendoPay Platform. Templetech reserves the right to decline your loan application or to revoke the same at any stage at Templetech’s sole and absolute discretion and without assigning any reason or any notice thereto. Templetech reserves the right to issue or decline to issue a loan and/or vary the terms of the loan depending on Templetech’s assessment of the credit profile of each individual borrower from time to time.
- Applicant information will be verified by loan officer from TendoPay. In order to confirm the submitted information, a loan officer will be calling the Applicant and the nominated Reference Contact (RC).
- Applicant/User/Active User expressly and unconditionally consents to the access, possession, collection, storage, processing, use, analysis and/or distribution, disclosure, display, and delivery of any information (including Personal Information) related to Applicant/User/Active User, and to the transfer of such information for any lawful purpose to any third parties, including, but not limited to, (a) the organizer/operator of payment facility, (b) credit bureau (e.g. Credit Information Corporation("CIC")), private credit bureau, and other government bodies/agencies, and (c) any purchaser (or potential purchaser) of Templetech’s title, rights, and/or interests, in whole or in part, in the Loan Agreement/s to third parties, such as Tonik Digital Bank Inc. .
- Such TPC and RC [not defined in T&C’s] may be changed by the Applicant/User/Active User from time to time, for the purpose of:
- verifying any or all information about the Applicant/User/Active User (whether submitted by the Applicant/User/Active User or obtained from other sources) prior to, during and after the application, approval, and termination of the Loan Agreement;
- inquiring about, request for, ascertain or determine the whereabouts, contact information, financial status, and other related information of the Applicant/User/Active User (including making such inquiries as part of the loan collection process);
- requesting for information regarding any fraud, theft, or other investigation related to any suspected or actual criminal action or activity, in each case for the purpose of the review, processing, approval, administration, collection, servicing, sale, transfer, amendment, or such other matters in relation to an existing or future Loan, which shall be implemented, in accordance with any mandatory applicable law or regulation as the same may be issued from time to time.
- Applicant/User/Active user expressly and unconditionally consents to the access, possession, collection, storage, processing, use, analysis, and/or distribution, disclosure, display, and delivery of any information (including Personal Information) related to Applicant/User/Active User, and to the transfer of such information to any third parties, including, but not limited to, the organizer/operator of payment facility, credit bureau (e.g. Credit Information Corporation("CIC")) and other government bodies/agencies.
- [already covered by Sec. 10] Only ONE account is allowed per person. Active Users/Users/Applicants are prohibited from creating more than one account. In such case, Active User/User/Applicant will be rejected from the application or subject to the termination of service.
- Applicant/User represents that he/she does not have any criminal record.
- Applicant/User represents that he/she voluntarily enters into a Loan Agreement with Templetech Finance Corp.
- Applicant cannot make any purchases via TendoPay until his/her account is verified and approved. Verification is conducted by the internal TendoPay team. TendoPay reserves the right to decline any applicant without providing a reason. TendoPay reserves the right to decline the loan application or to revoke the same at any stage at TendoPay’s sole and absolute discretion and without assigning any reason or any notice thereto. TendoPay reserves the right to issue or decline to issue a loan and/or vary the terms of the loan depending on TendoPay’s assessment of the credit profile of each individual borrower from time to time. The terms of the loan will be displayed on the Platform, the Disclosure Statement and the Loan Agreement.
- 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 Loan conditions.
- Once a User makes a purchase via TendoPay, he/she becomes an Active User. Once the loan is settled (i.e. all the outstanding obligations are fully paid), the status of the “Active User” changes back to “User”.
- If the User remains inactive (i.e. does not make any purchases via TendoPay) within twenty (21) days at any given time, Templetech Finance Corp. reserves a right to change the User’s status to Applicant, effectively disabling User’s account.
- Templetech Finance Corp. reserves the right to lower or increase customer credit limits due to proprietary risk engine decision.
- Installment sale is a loan agreement between TEMPLETECH FINANCE CORP. and the Active User, who made a purchase on one of the partner merchant online stores via TendoPay (checkout option) or purchased a partner merchant voucher on www.tendopay.ph (referred to as “Loan Agreement”). Once a User makes such purchase, he/she effectively becomes an Active User.
- Loan period and/or repayment plan will be selected by the User at the moment of the purchase.
- In order to complete the transaction and obtain the loan, User needs to settle the first payment at the moment of the purchase. First payment amounts to the percentage of the value of the purchased product and depends on the User’s risk profile. First payment can be settled via indicated payment methods (e.g. debit card, credit card, GCash, etc.) at the moment of the purchase. First payment applies both to the products purchased via checkout option and the voucher purchase.
- By successfully settling the first payment, User agrees to the terms of the loan.
- In case of a purchase of a voucher, the Loan Agreement becomes effective at the moment of purchasing the voucher, not using the voucher on selected partner merchant website.
- Initial outstanding balance is equal to the sum of the value of the purchased product excluding the first payment, any fees charged by the partner merchant (e.g. delivery fee), interest, and service fee charged by TendoPay for processing the purchase. All fees are disclosed to the User at the moment of purchase.
- Once a purchase is made, the overview of the Loan Agreement indicating the information such as the amount outstanding, monthly repayment, due dates shall be communicated to the Active User.
- 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, Templetech Finance Corp. will charge additional Late Payment Fee.
- Late Payment Fee will apply if an Active User does not make a repayment on or before the due date. For any overdue repayments, Late Payment Fee will apply. All applicable late payment fees and the method of calculating these fees will be included in the Disclosure Statement and Loan Agreement.
- 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.
- In the Event of Default, the User agrees to pay all reasonable legal fees, collection, and enforcement charges to the extent permissible by law in addition to other amounts due.
- 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:
- The Active User breaches or otherwise fails to promptly perform any of his/her obligations under this Agreement.
- 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:
- Borrower’s failure to fully repay the Loan on the agreed Payment Date, together with any interest, fees and/or charges and any other amounts owed and payable by the Borrower under this Agreement;
- Any event which may materially affect the Borrower’s capacity to repay the Loan;
- Death or incapacity of the Borrower;
- Borrower breaches any of his/her representations and warranties, or covenants; and
- Any change in any law or regulation that affects the validity or enforceability of this Agreement.
- The Active User breaches or otherwise fails to promptly perform any of his/her obligations under this Agreement.
- The Active User is in default in respect of any other facility or indebtedness granted by TendoPay or third parties.
- 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.
- Upon the occurrence of an Event of Default, Templetech Finance Corp. may, at its sole discretion, without need of notice or demand, and without limiting TendoPay’s rights under applicable law or under this Agreement, and General these Terms and Conditions:
- be entitled to the disclosure of the Borrower’s identity, including other relevant information necessary for the enforcement of this Agreement and the collection of all outstanding amounts due and payable in connection with the Loan and the Borrower hereby expressly grants its irrevocable consent to the disclosure of such information to the Lender to be further used and disclosed, in accordance with applicable laws;
- declare that the Borrower's entire credit obligation, which includes the outstanding amount of the Loan and the unpaid principal and accrued interests, penalties and other charges as provided in the Disclosure Statement, shall become immediately due and payable on the immediate pay cycle without presentment, demand or notice of any kind, which the Borrower hereby expressly waived;
- declare this Agreement, including 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 Borrower;
- in addition to the interest, impose and collect from the Borrower a Late Payment Penalty Fee and a Daily Late Payment Penalty Interest, from the non-payment from Maturity Date/Due Date until the outstanding balance is fully paid, as set out under attached Disclosure Statement;
- without prejudice to the Late Payment Penalty, sell, transfer or assign any of its rights and obligations hereunder to any person, company or entity, upon notice to Borrower, without the need of his/her consent but to which the Borrower hereby expressly provides. Any such sale, assignment, or transfer shall conclusively bind the Borrower. The Borrower shall be bound to fulfill and perform all his/her obligations to such transferee or assignee, including the payment of the unpaid amounts due and payable in connection with Loan, as well as all charges, fees and penalties, as may be applicable. The transferee or assignee shall have the authority to collect the due amounts from the Borrower; and
- take such other actions and exercise such other remedies, power/authorities or discretions in order to protect and enforce its rights under this Agreement and under the Law.
- 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.
- 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.
ADDITIONAL CHARGES AND FEES
- Late Payment Fee shall apply if an Active User does not make a at the due date. For any overdue repayments, the Late Payment Fee shall apply. All applicable late payment fees and the method of calculating these fees will be included in the Disclosure Statement and Loan Agreement.
- 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.
- Any Documentary Stamp Tax arising from the loan, whenever applicable, shall be for the account of the borrower and shall be deducted on the net proceeds of the loan.
- All repayments made by the Active User shall be in accordance with the stipulations under the Loan Agreement and must be made through third parties designated by TendoPay. The list of all repayment channels is available on the TendoPay website.
- TendoPay shall not be held liable for, and the Active User bears the risk of any delay or failure in crediting or accepting 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.
DATA PRIVACY, PROCESSING AND USE OF INFORMATION
- Applicant/User/Active User expressly agrees and consents to the use by TendoPay of any Personal Information provided by the Applicant/User/Active User or otherwise obtained by TendoPay under this agreement (i) for the purposes set forth herein and (ii) to the extend TendoPay otherwise determines is necessary and/or advisable, in its sole discretion, to comply with the applicable law.
- TendoPay reserves the right to request further information from the Applicant/User/Active User pertaining to the loan application at any time. Failure to provide such information within the time required by TendoPay may result in declining to accept the application for loan. Failure to provide evidence of identity may be deemed by TendoPay as a possible fraudulent attempt to access the TendoPay Platform and/or the Services.
- Applicant/User/Active User authorizes TendoPay, directly or through its Partners, to collect, retrieve, process, use and store his/her Personal Information such as name, age, photographs, fingerprints, other biometric data (e.g., facial recognition and voice recognition), mobile number/s, mobile phone usage data, employment details, income, financial data, financial profile, credit standing, loan payment history, and other information required in the application form. The Applicant/User/Active User's Personal Information will be processed for credit investigation, credit scoring, data analytics, collection, automated processing of the loan, collecting, data profiling, direct marketing of products and services of Partners.
- 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, private credit bureaus, government agencies, and collection agencies.
- For purposes of collection, TendoPay shall keep strictly your confidential data, except for the following circumstances:
- Disclosure of information with your written or recorded consent;
- Release, submission or exchange of your information with other financial institutions, credit information bureaus, their agents and/or representatives;
- Upon orders of a court of competent jurisdiction or any government office or agency authorized by law;
- Disclosure to collection agencies, counsels and other agents of TendoPay to enforce TendoPay’s rights against you;
- Disclosure to third-party service providers solely for the purpose of assisting or rendering services to TendoPay in the administration of its lending business; and
- Disclosure to third parties such as insurance companies, solely for the purpose of insuring TendoPay from your default or other credit loss, and you from fraud or authorized charges.
- Applicant/User/Active User may send an email to [email protected] to request access to, correct, or delete any personal information collected by, or provided to Templetech to exercise any of the data privacy rights as described by the National Privacy Commission.
The request might be rejected if:
- There is an outstanding payment due to Templetech. Templetech will not close the account until all remaining due payments are paid in full.
- There is any pending dispute between Applicant/User/Active User and Templetech or any Merchant partners.
- There is a reasonable suspicion the change would violate laws or legal requirements.
SHIPPING AND DELIVERY OF THE PURCHASED PRODUCT
- Shipping and delivery of the product purchased by the User via TendoPay is the responsibility of the merchant partner.
- 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.
- The TendoPay Platform is provided on an “as is” basis. Templetech makes no warranties that the service shall be uninterrupted or error-free. Templetech disclaims all representations and warranties to the TendoPay Platform including but not limited to the warranties of merchantability and fitness for a specific purpose. The Customer assumes all risks associated with the use of the TendoPay Platform, and any information available and/or accessed through the TendoPay Platform, and any security features provided for the TendoPay Platform.
REFUND AND REPLACEMENT
- The binding refund and replacement policy is the one provided by the partner merchant. Active User needs to follow the refund and replacement policy as provided in the partner merchant’s website at which where the product was purchased.
- If the partner merchant confirms that the purchased product was returned and refunded, TendoPay shall cancel all further settlements with the Active User.
- If the partner merchant confirms that the purchased product was returned and refunded, TendoPay shall return the first payment amount settled by the Active User, if any. First payment amount would be transferred back to the indicated bank account or Gcash account by the Active User.
- Loss or damage of the purchased product via TendoPay does not release the User from his/her obligations under the terms of this agreement.
- In the case of default, TendoPay has the right to repossess the product purchased by the User.
- All messages or communications sent to the Applicant’s/User’s/Active User’s Registered Contact Details provided to TendoPay are considered to be duly received by the Applicant/User/Active User if the message is sent by TendoPay to the registered email address or phone number. Once the message is sent by TendoPay to the email address or phone number registered, TendoPay is 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.
- Applicant/User/Active User has a responsibility to secure his/her username, password, electronic signature, and other identification factors provided by TendoPay. You shall ensure that your credentials do not become known or come into possession of any unauthorized person. TendoPay shall not be liable for any disclosure of your credentials to any third party and you hereby agree to indemnify and hold TendoPay harmless from any losses resulting from any disclosure of your credentials.
- 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.
- In order for TendoPay to render prompt and accurate service, the Applicant/User/Active User authorizes TendoPay to record (without TendoPay being necessarily obligated to do so) any and all telephone conversations between Applicant/User/Active User and TendoPay, 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.
- TendoPay may use the recorded telephone conversation as proof of Applicant’s/User’s/Active User’s acceptance to any offer or additional or revision of terms made through telephone.
- TendoPay may also use such recordings for any legal purpose, particularly as evidence in any judicial or administrative hearing or proceeding.
- No failure, omission, or delay on the part of TendoPay in exercising any right or power under this Agreement shall 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 TendoPay of any payment after its Due Date or after an Event of Default has occurred or after legal proceedings have been commenced against the Active User shall not constitute an extension of time for payment or a modification or novation of the terms of this agreement or in any way prejudice TendoPay.
- TendoPay shall be entitled to sell, transfer, or assign any of its rights and obligations hereunder to any person, company, or entity without the need for the consent of the User/Active User. Any such sale, assignment, or transfer shall conclusively bind the User/Active User. The User/Active User shall be bound to fulfill and perform all his/her obligations to such transferee or assignee, including the payment of the installments. The transferee or assignee shall have the authority of the User/Active User to collect the due amount. The User/Active User for this purpose waives any rights he/she may have under Article 1634 of the New Civil Code of the Philippines, Republic Act No. 386.
- The User/Active User shall not assign or transfer its rights or obligations hereunder without the prior consent of Templetech, which consent shall not be unreasonably withheld.
- In any dispute arising out of or in connection with this Agreement, the entries made in the accounts maintained by, and the records of, TendoPay are prima facie evidence of the matters to which they relate, absent any manifest error.
- If any provision of this Agreement is 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 this Agreement. This Agreement shall be reformed, construed, and enforced to the fullest extent possible as if the such invalid, illegal, or unenforceable provision had never been included.
- Any dispute arising from this Agreement shall be brought exclusively in the courts of Taguig City, Metro Manila.
- All notices, demands, or other communications required or permitted to be given or made by TendoPay to the Applicant/User/Active User hereunder shall be in writing and shall be delivered either personally, by registered post, by text message or by electronic mail to the address and contact details as provided by you upon registration with the TendoPay Platform; provided, that any changes therein must be reflected by the User/Active User in the TendoPay Platform, or through general announcements in its website www.tendopay.ph or social media and other channels.
- All communications or notices to be given or made by the Applicant/User/Active User to TendoPay shall be in writing and shall be delivered either personally, by registered post or by electronic email to:
Attn to: Templetech Finance Corp.
Address: Level 10-1, One Global Place, 25th Street and 5th Avenue, Bonifacio Global City, Taguig City
Email address: [email protected]
- This Agreement shall be governed and constructed in accordance with the laws of the Republic of the Philippines.
Applicant/User/Active User confirms having read and understood the entire TEMPLETECH FINANCE CORP. T&Cs. TEMPLETECH FINANCE CORP. might, at any time update this T&Cs and the continued use of the Services constitutes the Applicant/User/Active User’s agreement to be bound by the terms of any such amendment of variation. Templetech will take all reasonable measures to notify you of any such changes.