USER TERMS AND CONDITIONS


WELCOME TO THE UNACASH MOBILE APPLICATION!


Kindly carefully read these terms and conditions (T&Cs) prior to creating an account with UnaCash.


By accessing our site, you agree to be bound by the T&Cs which govern your (User) use and access to our mobile application, website and other associated services (UnaCash App).


If you do not understand any of the provisions of the T&Cs and the Data Privacy Policy, kindly discontinue the use of our services or contact any of our customer representatives appearing on our Platform. If you disagree, please do not access the Platform.


These T&Cs shall be effective, valid, and binding from account creation until its termination. Certain provisions however shall survive notwithstanding such account termination in compliance with relevant laws and regulations, including their implementing rules and regulations.


By accepting the T&Cs, you accept, acknowledge, and consent to the Data Privacy Policy which state how your data are gathered/collected, processed, shared, and used when using any or all of the services inside the UnaCash App.


You may notice that the term Borrower or User are used interchangeably. In like manner, Digido Finance Corp., We, Us, Digido or UnaCash are used to refer to Digido Finance Corp.


  1. ACCOUNT REGISTRATION


    1. When setting up or creating your account using the UnaCash App, we will be requiring you to register your preferred mobile number, which is registered under Republic Act 11934 otherwise known as the SIM Registration Act of 2022, and/or e-mail address, as the case may be, which will be strictly identified under your name. You warrant that your account is created using your personal mobile device. We shall not be liable for any breaches resulting from your use of other devices in creating or accessing your account/s with us.


    2. You may not assign a Username or custom user title that is defamatory, obscene, or profane, or which violates or will create a likelihood of confusion with any trademark, service mark, or other intellectual property rights of any third party. If you

      select a Username or ID that we find offensive, inappropriate, or unlawful, we reserve our right to suspend or terminate your Account.


    3. Your account is personal to you, as such you agree to keep your Username, password, one-time pin (OTP), and other log-in details with utmost care and confidentiality, log out from your account at the end of each session on the Platform and ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your Account even if such activities or transactions were not committed by you. We will not be responsible or liable for any loss or damage arising from unauthorized use of your password, One-Time Pin, or your failure to comply with this Section.


    4. You agree to provide all data or information necessary to determine your eligibility to continue your full use of the UnaCash App. In the event of substantial change to your personal information, you commit to regularly update your credentials to enjoy continued access and use of your account in Unacash App.


    5. We reserve the right to close, suspend or limit your access to your Account in the event of failed verification due to insufficient, lack, or incorrect data/information you provided during your account application, creation, or breach to the T&Cs.


  2. PHONE AND ACCOUNT SECURITY


    2.1 You are fully accountable to the security of your Account, including the registered Subscriber Identification Module (SIM), the One-Time Pin and other security features such as passwords and other security protocols attending the use of your account with us. As such, all transactions made using the Site are conclusively presumed to have been made by you.


    2.2. In case of security breaches, you must notify and contact our customer support or at our contact numbers appearing on our website within twenty-four hours from the date of the occurrence of any of such circumstances. Upon proper authentication of your claim and the documents in support thereof, we will cause the suspension or closure of the account upon request.


  3. GENERAL TERMS & CONDITIONS


    In using the Application, you warrant that you have read and understood the General Terms and Conditions below. For purposes of this Section, the ‘Borrower’ is referred to as the ‘User’:


    1. Loan Agreement. The Unified Loan Document, which comprises of the Promissory Note, Disclosure Statement of Loan/ Credit Transaction, Amortization Schedule, this General Terms and Conditions, including all other agreements or documents executed by Digido and/or the Borrower, (collectively referred to as the ‘Loan Documents’) shall govern the Borrower’s loan with Digido Finance Corp. (the “Digido’).


    2. Loan Disbursement. The Borrower acknowledges that he/she is the account owner of the deposit account or virtual wallet to which the Loan Amount is disbursed.frefun


    3. Loan Acceptance. The Borrower acknowledges that the loan documents were duly provided to the Borrower for review and acceptance thru the UnaCash App. The Borrower acknowledges that the acceptance of the Loan Agreement through the aforementioned Application Portal constitutes an electronic signature under Republic Act No. 8792 or “The Electronic Commerce Act of 2000” and its Implementing Rules and Regulations, and its amendments.


    4. Interest Rate. The Borrower acknowledges the interest rate of the loan as the cost of borrowing. Such interest is part of the loan acceptance in the next preceding sub-section, as documented in the Loan Documents.


    5. Repayment. The Borrower agrees to pay the loan amount (principal and interest) in accordance with the Loan Documents provided to the Borrower on loan grant. The Borrower acknowledges that payment shall be made only to the accredited/ designated payment channels on or before the due date. The Borrower understands that payment made through channels other than the accredited ones shall not be honored and credited to the Borrower’s loan account. The Borrower acknowledges that his/her installment/ loan amount shall remain due and outstanding until payment of the amount due was made to the proper payment channel. Digido shall not be held liable for, and the Borrower bears the risk (i.e. late payment charge) of any delay or failure in crediting payment as a result of the foregoing.


    6. Pretermination. The Borrower reserves the right to prepay the remaining outstanding balance of the Loan Amount at any time upon proper and timely advise to Digido. The Borrower further agrees that Digido is not under any legal obligation to return the interest corresponding to the period from date of prepayment to the stipulated maturity date of the loan. Any prepayment made should not therefore affect the computation of the interest rate stipulated therein. The Borrower agrees that such prepayment terminates the entire loan obligation upon payment of the corresponding pretermination fee, as maybe required and provided under the Loan Document.

    7. Late Payment. The Borrower acknowledges that payment made beyond the stipulated due date shall be charged with an applicable Late Payment Penalty Fee and/or Daily Late Payment Penalty Interest, which shall be computed from every installment due date up to the date of actual payment. The Late Payment Fee and Daily Late Payment Penalty Interest shall be in accordance with the amount indicated in the Disclosure Statement.


    8. Prolongation Fee. Subject to prior evaluation and approval process of Digido, an “eligible” Borrower may at any time, request for a loan extension which shall shift the due date of the entire loan obligation or any of its installment to a later date based on the number of approved days of extension. The Borrower agrees to pay the required prolongation fee, as indicated in the Loan Document or any subsequent agreement with Digido, and confirms to be bound by the new payment schedule.


    9. Effective Interest Rate (EIR). In compliance with existing regulations, the User understands that the EIR is capped at fifteen percent (15%) per month, or about 0.5 percent per day for covered loans which are unsecured, general purpose loans that do not exceed the amount of P10,000 and with a loan tenor of up to four months. (SEC Memo. Circ. 3 series of 2022)


    10. Assignment and Transfer. Notwithstanding any other provisions of the Loan Agreement, the Borrower acknowledges and accepts that Digido, without notice and/or consent from the Borrower, either prior to or subsequent to such assignment, transfer, or creation of security, may at any time: (a) assign or transfer its rights and obligations under the Loan Document to any third party; or (b) create security in or over any and all of its rights and obligations under the Loan Document to any person and/or entity of Digido’s choosing. The Borrower accepts that he/she is not permitted to assign or transfer any of his/her rights or obligations under the Loan Document without the prior written consent of Digido.


    11. Events of Default. Any and all of the following shall constitute default:


      1. Failure by the Borrower to comply with or perform any of the terms and conditions of the Loan Document;

      2. Failure of the Borrower to pay any amount due under the Loan Document when the same becomes due and payable;

      3. Any information given, or representation or warranty made by the Borrower herein or otherwise in connection with the loan proves to be incorrect, false, or misleading as of the time it was made or deemed to have been made, whether or not Digido was in fact prejudiced by the same;

      4. Borrower voluntarily suspends or ceases his/her source of income, becomes

        insolvent, becomes unable to pay his/her debts when they become due, or commits or permits any act of bankruptcy or insolvency;

      5. Any final judgment or decree for a substantial sum of money is entered against the Borrower by a court of competent jurisdiction, and such sum of money is not paid, discharged or fully bonded within ten (10) calendar days after the date the same becomes due;

      6. There shall have occurred a material change in the financial circumstances or condition of the Borrower reckoned from the approval of the Loan, which, in the reasonable opinion of Digido, would adversely affect the ability of Borrower to perform the obligations under the Loan Document.


    12. Consequences of Default. In case of Borrower’s default:


      1. Digido shall have the right, at its sole discretion, to consider any outstanding amount as immediately due and demandable, and require the Borrower to make full and immediate payment thereof.

      2. Digido shall have all the rights to the remedies provided in the Loan Agreement and in law for purposes of enforcing its claims against the Borrower.

      3. At anytime upon an event of default, Digido is likewise hereby appointed attorney-in-fact of the Borrower with full power and authority, to seize and take actual possession of the item or product that was purchased using the UnaCash App, or any personal property of equivalent value from the Borrower, without any order of any court or any other power or permission than that herein granted; to sell, assign and transfer the whole of the Property or any part thereof or any substitute therefor, or any addition thereto, at the option of the Digido without demand, advertisement or notice of any kind, for they are hereby expressly waived by the Borrower to Digido or to any person or entity, and no formal requisite is necessary for the validity of such sale. This remedy is in addition to, and is not exclusive of the remedies herein stipulated.

      4. Digido shall have the right and be entitled to debit from the bank/deposit account(s) of the Borrower to fully satisfy and settle the Borrower’s loan obligation.


        If the Borrower fails to pay the Total Outstanding Balance or any amounts due and payable under the Loan Document or as a result of continuous default of the Borrower, the amount thereof shall be debited from the bank/ deposit account(s) declared or provided by the Borrower to Digido and/or listed by the Borrower in

        his/her loan application, without the necessity of a notice from Digido. It is agreed that the Loan Document shall serve as a written authority for Digido to debit, without notice, or demand, such Outstanding Balance or any amounts due arising from the Loan Document from the Borrower’s bank/ deposit account(s) for the purpose aforementioned. Digido shall not be held accountable for any liabilities, charges, costs, penalties, fees and expenses arising from or as a consequence of the debiting of the amount(s) in favor of Digido. Should the Total Outstanding Balance or any amounts due and payable under the Loan Document exceed the amount debited from the Borrower’s bank/ deposit account(s), such excess shall immediately become due and payable and the Borrower shall be liable to pay the same, without further notice or demand. The right of Digido to debit from the Borrower’s bank/ deposit account(s) shall continue until his/her loan obligation is fully settled.

      5. Digido . shall be entitled to provide information on any payment default to third parties, including but not limited to collection agencies, for the purpose of collecting the loan. To the extent allowed under Philippine law, Borrower accepts to waive any notice or formality meant to enable Digido to exercise its rights arising from the occurrence of an Event of Default. The failure or the delay to exercise any right, options, power or privilege hereunder shall not operate as a waiver of any right of Digido to exercise the same hereunder, unless said waiver is given in writing by the Digido, and then only to the extent specifically set forth in said writing.


    13. Upon failure of the Borrower for any cause whatsoever to pay any of the payments when due (single or installment payment), the Borrower hereby acknowledges that the entire outstanding balance of the Loan Amount shall, without need of demand, immediately become due and demandable. Any and all unpaid and demandable installment payments shall be subject to penalty charges at the rate of 5% per month until fully paid and a late payment penalty fee (per late installment payment) of PHP 800.00, the costs of collection, including reasonable attorney’s fees in an amount not to exceed 50% of the amount due and payable or P5,000.00, whichever is higher.


      In the event of the Borrower’s default, Digido shall likewise be entitled to provide information to third parties, including but not limited to Digido’s duly accredited collection agencies and lawyers, for the purpose of collecting the defaulted loan. The Loan Document and/or the Loan transaction of the Borrower shall be governed by the laws of the Republic of the Philippines.

  4. THE PRODUCTS


    In using the UnaCash App, the Users will be able to avail the Buy Now Pay Later, Point-of-Sale Products, and other future products and/or services that may be available inside the UnaCash App.


    A predetermined credit line will be made available for Users, and may be changed depending on the purpose of loan, credit history, volume of transactions, among others. Although termed a credit line, you agree that said line is predetermined during account registration, and is non-accessible except by UnaCash. As such, any availment of either of the Products will be separately processed, approved and disbursed directly to each of the Accredited Partner Merchant(APM), in accordance with the Credit Policy of Digido.


    Notwithstanding the foregoing, the Users are required to execute separate loan documents for each product requirement, or purchase transaction per Merchant, regardless of the number of Items purchased, provided that it is within the predetermined limits set by Digido.


    As a general rule, the Users may, at their election, provide a downpayment (DP) to the Merchant, either in-store or thru the online accredited partners of Digido. The DP will be deducted from the total purchase price that will be subjected to the credit facilities inside the UnaCash app. There are instances however that the APM will, on their own, require you for a downpayment, or that the value of the product to be purchased from the APM is higher than the predetermined credit limit, as such, you understand that you will required to provide a DP to proceed with your purchase using the UnaCash App.


    1. BUY NOW PAY LATER (BNPL)


      Users may avail of the BNPL Product Facility to purchase online using the UnaCash App.


      The User may select from a diverse option of products from accredited merchants, add them to their carts, and pay by installments. The User shall be required to execute loan documents corresponding to the value of the loan.


    2. POINT-OF SALE (POS)


      The POS Product Facility of Unacash may be used for purchases made at the Merchant’s physical store. The Purchase shall be done using the Unacash App with the use of a securely readable

      QR Code individually assigned for each of the accredited Merchants. In availing the POS Loan, you will be required to execute Loan Documents prior to transacting with the Merchant.


    3. The Products made available inside the UnaCash App shall have their respective features and functionalities. As such, they have distinct credit requirements specific to each of the Users. You understand therefore that an availment of one of the Products does not automatically qualify you to the other Products.


  5. CONFLICT AND CLAIMS


    5.1 In the event of a conflict between Users and Accredited Partner Merchants (APM) found in the Unacash App, UnaCash shall only render assistance to contacting the APM. In no case shall Unacash shall act as a mediator, arbiter or in any other capacity to resolve the conflict, claim or dispute between User/s and APM/s.


  6. DATA PRIVACY


    1. Your privacy is very important to us, as such before becoming a User of the Unacash App, you must read and accept all of the terms and conditions in, and linked to, these User Terms and Conditions and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.


    2. To better protect your rights, we have provided our Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of Unacash App.


    3. By using the Services or providing information on the UnaCash App, you consent to the collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy; agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and UnaCash; and shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without our prior written consent. The data or information from you that will be collected, used, disclosed or processed may include but not limited to the following:


      1. Contact information, such as, name, addresses, telephone numbers, email addresses and other contact details;


        6.3.2 Other personal and/or sensitive personal information, which was disclosed when you access or use the UnaCash App.


    4. You understand and consent that the data and/or Information you provide with us may be used for the following purposes:


      1. Facilitate and complete the transaction applied, share it within our group of companies, partner merchants and/or entities and offer the clients products suitable or relevant to their requirements and/or profile;


      2. Protect personal information and sensitive personal information disclosed to secure accounts from fraud and other illegal activities;


      3. The personal data or sensitive personal information may also be used for prosecuting or defending Digido and its affiliates, related-companies and subsidiaries or its officers, employees when needed, and/or to pursue legal actions to collect or enforce any due and demandable obligations in our favor;


      4. Share or disclose personal data and/or sensitive personal information to third-party service providers, as may be required by law, regulation, or by a court order;


    5. We store personal data and sensitive personal information in a data center (on cloud) and physical document storage facilities. We retain personal data only according to its operational needs and in compliance with legal and regulatory purposes or requirements. In general, we shall only retain Data Subjects' personal data and sensitive personal information for five (5) years after the processing relevant to the purpose has been terminated. However, we may retain Data Subjects data when necessary to establish, exercise, or defend legal claims, for legitimate business purposes, or when provided by law.


  7. COOKIES


      1. We or our authorized service providers and advertising partners may from time to time use "Cookies" or other features may be used from time to time to allow us or third parties to collect or share information in connection with your use of the UnaCash App. These features help us improve our Platform and the Services we offer, help us offer new services and features, and/or enable us and our marketing and advertising partners to serve more relevant content/s to you.

      2. Cookies are small text files placed in the memory of your browser or device when you visit a website or view a message. “Cookies” are identifiers that are stored on your computer or mobile device that record data about the computer or device, how and when the UnaCash App is used or visited, by how many people and other activity within the UnaCash App. We may link cookie information to personal data. Cookies also link to information regarding what items you have selected for purchase and web pages you have viewed. This information is used to keep track of your shopping cart, to deliver content specific to your interests, to enable our third party advertising partners to serve advertisements on sites across the internet, and to conduct data analysis and to monitor usage of the Services. We may link cookie information to personal data.

      3. You may refuse the use of cookies by selecting the appropriate settings on your browser or device. In doing so however, , please note that you may not be able to use the full functionality of the UnaCash App.

  8. TERMINATION OF ACCOUNT


    8.1 In the event of misrepresentation, breach of warranty or failure to comply with the Terms and Conditions provided herein, including the Data Privacy Statement, Policy or other updates which you are fully notified of, we may terminate your account without further notice.


      1. In any event, we reserve, at our sole discretion but without obligation, the right to deny access to your Account or any component thereof to anyone at any time, whether temporary or permanent, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold Digido free from any liability arising or that may arise out of any such denial of access to or the discontinuance of your use of Unacash App.


      2. You understand, confirm, agree and acknowledge the right and authority of Digido to automatically suspend or block your account in the event that we find reason to believe that there may be fraudulent or suspicious transactions on your account, without prior notice. As such, you hold free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which you may have suffered as a result thereof.


  9. LIMITED LIABILITY


    1. The UnaCash App is ‘as is’ and without any warranties, claims or representations made by Digido Finance Corp., whether expressed, implied

      or statutory, with respect to the services, including but not limited to warranties of quality, performance, merchantability, or fitness for a particular purpose, the functions or associated services contained therein. Furthermore, Digido does not warrant that there will be no delays, interruptions, defects, errors, viruses, worms, trojan horses, or other harmful codes, instructions, programs or components inside the UnaCash App, or that the same will be corrected in a timely, secure or accurate manner.


    2. Digido shall not be liable for any loss, cost, damage or liability to you or third party arising from, directly or indirectly, or as a result of your transaction through the use of the UnaCash App due to cancellation, return, exchange or refund of any transaction with our APMs. You agree that all approved transactions are consummated upon approval of loan, and any cancellation, refund, or exchange which may result in price variance shall not affect the tenor of the original loan.


    3. You also hold free and harmless Digido from any liability resulting from your transactions using the UnaCash App thru your registered number or mobile phone due to their own service/ system/ line unavailability, delays, maintenance or other reasons, or due to any delay, interruption or termination of a transaction using the UnaCash App whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond our control.


    4. In relation to Section 1 of these T&Cs, we shall not be liable to circumstances of identity or account theft or unauthorized use of your Account resulting in any loss, costs, damages or liability to any third party.


    5. You acknowledge, that we shall not be held liable to any acts of misrepresentation or fraud by any third party, including our employees, officers or agents, when you transact using the UnaCash App by reasons thereof.


    6. You acknowledge that the risks involved in your use of the UnaCash App remains with you to the maximum extent permitted by applicable law, and the only right with respect to any problems or concerns by reason of such risks is to request for termination of your account or you on your own discontinue the use of our services. We shall not be liable for any loss or damage due to your own fault.

    7. In relation to the Products & Services of our APMs, we shall not be liable to the accuracy, reliability, compliance with laws, restrictions and regulations, or any such effects of any contributed date, text, images, sounds, video, software and other Content. You will not hold Digido responsible for any of your actions or inactions, including, without limitation, on the contents these third-party providers make available via the UnaCash App.


    8. . The UnaCash App may also contain links to third party products, platforms, services and offers. You understand that said links, products, platforms and services are not owned, controlled or operated by us. We will not assume responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. We encourage you to read the terms and other policies published by such third parties on their own products, platforms and services. You further acknowledge and agree that we may disable your use of, or remove, any third party links, or applications on the Services to the extent that they violate these T&Cs.


    9. . At any event, all transactions made prior to your notice or report of loss of your account, SIM, mobile phone or any security breaches shall continue to be your liability.


    10. We may be enhancing, developing or introducing new features and functionalities inside the UnaCash App at any time and without further or prior notice. As such, you understand, consent and agree that the Site and its services shall form part of our Services as defined in these T&Cs, Or any amendments thereto. In this regard, you will not hold Digido Finance Corp. for any losses, costs or damages resulting from delay, downtime or failure of transaction due to enhancement, maintenance, or development of the UnaCash App.


  10. WARRANTY AND REPRESENTATION


    1. You warrant that the data you submitted to us is complete, accurate, true and correct. You agree that you will inform us immediately of any change of facts or circumstances which may render any personal data or information previously provided inaccurate, untrue, or incorrect and provide any information or documentation to us that may reasonably require for the purposes of verifying the accuracy of the updated information or personal data.


    2. You also represent and warrant that you possess the legal capacity, right and ability to enter into these T&Cs and to comply thereto, and you will

      use the UnaCash App for lawful purposes only and in accordance with these T&Cs and all applicable laws, rules, regulations, guidelines, and policies.


  11. ASSIGNMENT AND TRANSFER


    Notwithstanding any other provisions of the T&Cs, you acknowledge and accept that you cannot assign, transfer, or sell your account to anyone. You understand that the account created will be perpetually identified under your name and linked to your registered preferred number.


  12. NON WAIVER


    The delay or failure of Digido to exercise any of its rights under the T&Cs, policies or any other rights emanating from the Site shall not be construed or deemed as a waiver of Digido Finance Corp. of such rights.


  13. APPLICABILITY


    The provisions of these general terms and conditions shall govern your use of the UnaCash App. and shall suppletorily apply to the terms and conditions of each of the products and services that you may avail inside the UnaCash App. You understand and confirm that there will be special and/or other terms and conditions specific to each of the products and services which shall govern your agreements with us in the event of any contrary provisions with these T&Cs.


  14. GOVERNING LAW & VENUE OF ACTIONS


    This Agreement shall be governed by and interpreted in accordance with the laws of the Philippines. The venue of all actions arising from this Agreement shall be brought exclusively to the jurisdiction of the appropriate Court in Pasig City, Philippines.


  15. MODIFICATION


    We reserve the right to modify these T&Cs at any time without prior notice, which will be effective immediately upon its posting on the UnaCash App or any of our authorized websites or platforms. Your continued use of the UnaCash App after such amendments have been posted shall constitute your acceptance of such amendments to the T&Cs. Be sure to turn to this page periodically to ensure familiarity with the most current version of the T&Cs.


  16. SEPARABILITY

Should any term or condition in this Agreement be rendered void, illegal, or unenforceable in any respect under any law, the validity, legality, and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.