Terms and conditions - Fuse
TERM LOAN AGREEMENT
This TERM LOAN AGREEMENT (“Agreement”) governs the relationship between Borrower, on the one hand, and Fuse Lending, Inc. (“Lender”), on the other, with respect to the Loan availed by the former, with respect to each and every Availment as hereunder provided.
Any reference to this Agreement shall include reference to the following:
- The General Terms and Conditions below;
- Your Application Form submitted to Us in relation to this Term Loan Agreement; and
- The applicable Loan Product Description.
Fuse Lending, Inc. reserves the right to revise and modify the Agreement at its sole discretion. Said revisions or modifications shall be posted in https://www.kaibiganclub.com.ph and, once published therein, shall become binding on Borrower. It shall be Borrower’s obligation to be informed thereof by accessing, from time to time, such website where the latest version of the Agreement may be found. Borrower’s Availment of the Loan shall be deemed an acceptance of any revision or modification of the Agreement.
GENERAL TERMS AND CONDITIONS
Definition of Terms - used herein, unless the context otherwise requires, the following terms shall have the meanings set forth below:
"Amortization Date" shall refer to the last day in the Amortization Period where Borrower is obligated to pay his/her Amortization
"Amortization" shall refer to the pre-computed periodic payment of the principal amount of the Loan and Interest, depending on the Amortization Period (i.e. weekly, semi-monthly, monthly, quarterly, etc.);
"Applicant"shall refer to a Globe Telecom, Inc. subscriber who applies for a Kaibigan Loan;
"Auto Debit Arrangement or ADA" shall refer to a mode of payment for the Loan whereby Borrower authorizes Lender to cause the debiting from Borrower’s Designated Account the amount of Amortization due and the application of such debited amount as payment for the Loan in accordance with the rule on application of payments stated in Clause 13 below;
"Availment" shall refer to an advance to Borrower by Lender of the Loan Facility Amount, which is credited or deposited to Borrower’s GCash Wallet. In this context, the term “Avail” shall be construed accordingly;
“Borrower” shall refer to an Applicant whose loan application has been approved and who avails of the Loan;
“Default” shall refer either to Borrower’s failure to pay the full amount of the Loan at Maturity Date or the occurrence of any Event of Default;
“Designated Account” shall refer to Borrower’s GCash account, from which or through which any payments or release of any amount may be done;
“Designated Mobile Number” shall refer to the GCash registered mobile number associated with Borrower’s GCash Wallet through which Borrower performs all his/her transactions in relation to the Loan such as, but not limited to, registration, availment, crediting of Loan proceeds, payment, and reavailment for Kaibigan Loans;
“Event of Default” shall refer to any or all of the events enumerated in Clause 16 below;
“GCash” shall refer to a form of electronic money which allows Globe and/or Touch Mobile subscribers to easily and conveniently send and receive cash as well as make payments electronically;
“GCash Wallet” shall refer to an E-Money instrument that stores Philippine Peso (Php) value which resides in the GCash system. It is an account that is linked to the GCash subscriber’s Subscriber Identity Module (SIM) card. Functionalities include, but are not limited to, transfer of funds, payments of goods and services, over-the-air reload of airtime, and balance inquiry;
“Interest Rate” shall mean the amount charged by Lender to Borrower, expressed as a percentage of any Availment, for the Loan as indicated in Annex A;
“Lender’s System” shall refer to the loans management system used by Lender to provision and monitor loans;
“Lender” shall refer to Fuse Lending, Inc.;
“Loan Documents” shall refer to, collectively, these General Terms and Conditions, Annex A, and all other agreements, instruments, documents, communication required or contemplated hereunder, including any amendment, supplement, renewal or extension thereto;
“Loan Facility Amount” shall refer to the amount of Borrower’s approved Loan under the Loan Facility;
“Loan Facility” shall refer to the Loan Product described in Annex A (Loan Product Description);
“Loan” shall refer to the aggregate principal amount of the Availment which must not exceed the Loan Facility Amount or, where the context so requires, the amount thereof outstanding;
“Maturity Date” shall refer to the date on which the Loan becomes due and demandable, as indicated in Annex A;
“MPIN” shall refer to Borrower’s designated four-digit number required for any transaction using GCash;
“Processing Fee” shall refer to the amount charged by Lender to Borrower for the former to process the Loan, expressed as an amount equal to a percentage of the Loan, as indicated in Annex A;
“SMS” shall mean Short Messaging System used in sending text messages via mobile phones; and
“USSD” shall mean Unstructured Supplementary Service Data.
Loan Application. – A person may apply for a Loan by going to Lender’s website at https://www.kaibiganclub.com.ph, filling up an Application Form, and agreeing to or accepting these General Terms and Conditions.
Credit Investigation and Credit Scoring. – Upon compliance by an Applicant of Clause 2 above regarding Loan application, Lender shall conduct credit investigation and credit scoring to determine Applicant’s credit worthiness or if Applicant qualifies to avail of a Loan.
Data Sharing Provision. – Applicant hereby consents to and authorizes Lender and/or its third party partners contracted by Lender for the purpose of conducting its credit investigation, credit scoring and credit collection such as, but not limited to, Tech Mahindra Limited, Inc., Outsource Network Contact Center and Bank Office Services, Inc., Admerex Solutions, Inc., Growthsolutions, Inc., Trusting Social Co., LendMe Referral and General Services, Dataspark Pte. Ltd., Lenddo Pte. Ltd. and Kaibigan Club Analytics, Inc., to obtain pertinent credit information from his/her employer, banks, credit card companies, and other financial institutions in the course of such investigation, to verify any and all information contained in Applicant’s Application Form, to collect any and all information related thereto, and to process any such information, from whatever relevant source such as, but not limited to, Globe Telecom, Inc. and its subsidiaries and affiliates such as, but not limited to, G-Xchange, Inc. and Globe Fintech Innovations, Inc.
Applicant hereby consents to and authorizes the release by Globe Telecom, Inc. and its subsidiaries and affiliates, G-Xchange, Inc. and Globe Fintech Innovations, Inc., his/her employer, the banks, the credit card companies, and the financial institutions mentioned in the immediately preceding paragraph, to release any and all information required by Lender and/or its third party partners, Tech Mahindra Limited, Inc., Outsource Network Contact Center and Bank Office Services, Inc., Admerex Solutions, Inc., Growthsolutions, Inc., Trusting Social Co., LendMe Referral and General Services, Dataspark Pte. Ltd., Lenddo Pte. Ltd. and Kaibigan Club Analytics, Inc., such as, but not limited to, the following:
- a. Credit information;
- b. Voice calling data records;
- c. SMS sending and receiving records;
- d. Data usage records;
- e. Promo subscription and redemption records;
- f. Customer relationship management records;
- g. Pre-paid load balance, top up and usage records;
- h. GCash balance and transactional records;
- i. Borrower status; and
- j. Recovery rate per borrower.
For the avoidance of doubt, Applicant hereby acknowledges and agrees that Lender, its third party subcontractors, Tech Mahindra Limited, Inc., Outsource Network Contact Center and Bank Office Services, Inc., Admerex Solutions, Inc., Growthsolutions, Inc., Trusting Social Co., LendMe Referral and General Services, Dataspark Pte. Ltd., Lenddo Pte. Ltd. and Kaibigan Club Analytics, Inc., Globe Telecom, Inc., its subsidiaries and affiliates, G-Xchange, Inc. and Globe Fintech Innovations, Inc., may share any and all information relating to Applicant to each other for any legitimate business purpose including, but not limited to, credit investigation, credit scoring, credit collection, product and systems development, sales and marketing activities, communications relating to their products and/or services, and the like.
The foregoing consents and authorizations shall continue for the duration of, and shall survive the termination of this Agreement, or any other transactions, dealings, arrangements and accounts which Borrower may have with, or avail from, Lender.
Approval or Disapproval of the Loan Application. – Based on the report or findings of the credit investigation or credit scoring conducted, Lender shall proceed to either approve or disapprove the Loan application. Lender shall inform Applicant via SMS or email if the latter’s application for a Loan has been approved or not, with no obligation on Lender’s part to advise Applicant on the reason thereof.
Registration. – Upon approval of the Loan application for and prior to Availment of a Kaibigan Loan, Borrower shall be required to have a GCash account. Upon receipt of an electronic confirmation from the GCash system of successful registration, Borrower shall be allowed to use his/her registered Designated Mobile Number in availing of the Loan.
Borrower shall be solely responsible for the security of his/her mobile device, MPIN, code, password, IDs, and the like used in making Availments. The parties agree that any and all Availments effected using the Designated Mobile Number and MPIN shall be conclusively presumed to have been done, or authorized by, Borrower. Borrower shall be liable for all Availments using the Designated Mobile Number and MPIN.
If Borrower’s mobile device housing the Designated Mobile Number is lost/stolen or if the security of the MPIN is compromised/threatened in any way, Borrower must inform Lender thereof within twenty four (24) hours from the occurrence of such loss/theft or compromise/threat to deactivate Borrower’s registration from Lender’s Loan System.
Notwithstanding the immediately preceding paragraph, any and all Availments or transactions made prior to actual reporting and deactivation of registration shall be conclusively presumed and binding against Borrower.
Availment Process. – Except when the amount of the approved Loan Facility Amount is automatically credited to Borrower’s GCash Wallet upon approval, Borrower may avail of the Loan via USSD using his/ her Designated Mobile Number and MPIN. No separate promissory note is required to be executed by Borrower. All Availments made by Borrower and each corresponding crediting of the Loan to Borrower’s GCash Wallet shall be conclusive proof of Borrower’s indebtedness to Lender. The report(s) generated by Lender’s Loan System relative to any and all Availments, payment(s) made, and the outstanding amount of the Loan shall be conclusive on Borrower upon the lapse of twenty four (24) hours from Borrower’s receipt of said report(s).
Loan Disclosure Statement. – Loan disclosure statement issued to Borrower electronically shall be the evidence that Borrower agrees to the terms and conditions of the Loan including the effective Interest Rate stated therein. Disclosure of Effective Interest Rate contained in Lender’s brochures, pamphlets or text messages constitutes acceptance by Borrower of the disclosure of the Effective Interest Rate as required by law.
Release of Loan Proceeds. – The amount of the Loan proceeds shall be released to Borrower in accordance with Annex A.
Interest Rate. – Borrower shall pay Interest on the Loan based on the stipulated Interest Rate indicated in Annex A. Borrower agrees that the stipulated Interest Rate is subject to review by Lender based on prevailing market rates. The stipulated Interest Rate may be increased, decreased or changed by Lender in case of, among others, sudden change in the market rates, for whatever reasons. The upward or downward adjustment of the Interest Rate on the Loan shall be effective/binding on Borrower on the date of effectivity indicated in the written or SMS advice from Lender. Each such advice shall form an integral part of the Loan Documents.
Applicable Fees and Taxes. – Borrower shall pay any and all fees indicated in Annex A which may be deducted by Lender up front against the amount(s) availed of by Borrower unless otherwise indicated in Annex A. Documentary stamps and notarization fees shall be for the account of Borrower.
Penalty Charges. – Borrower promises to pay a late payment penalty on any overdue sum at the rate indicated in Annex A.
Payment of the Loan. – Payment of the Loan shall be made in equal periodic Amortizations for Principal and Interest on the Amortization Dates indicated in Annex A.
Payment shall be made in the manner specified in Annex A which may include payment through any or all of the following payment channels:
- Performing a GCash cash-in transaction for the Amortization at any GCash payment outlet/ partner and sending the amount of the Amortization via GCash using Borrower’s Designated Mobile Number to Lender;
- Automatic Debit Arrangement from Borrower’s Designated Account;
- Pushing the amount of the Amortization due via Lender’s USSD; or
- Any other manner prescribed by Lender and agreed to by Borrower.
All payments made to Lender shall be applied in the following order: (a) against costs, expenses and indemnities due hereunder; (b) against penalties; (c) against Interest due on the Loan; and, (d) against the principal amount of the Loan then due and payable.
All payments by Borrower, whether of Principal, Interest, penalties or any other sum/s due hereunder, shall be made without set-off or counterclaim and shall be free and clear of and without any deduction or withholding for or on account of taxes, which shall be for the account of Borrower and paid by it when due (except taxes on the net income of Lender). For avoidance of doubt, documentary stamp tax shall be for the account of Lender and shall be paid based on the approved Loan amount.
Prepayment of the Loan. – Prepayment of the Loan may be allowed upon two (2) business days prior written notice of Borrower to Lender in accordance with Annex A hereof.
Representations and Warranties. – Upon the execution of this Agreement and upon each and every Availment, Borrower represents and warrants that:
Any and all information provided in the Application Form and the supporting documents submitted in connection therewith are true and correct;
Borrower hereby authorizes Lender to verify such information from whatever source, and authorizes the holder, controller and processor of such information to confirm, release and verify the existence, truthfulness, and/or accuracy of such information. Any incorrect information provided by Borrower shall result in the delay or denial of the application or, if already approved, shall result in the Loan becoming immediately due and demandable, without prejudice to any other action which Lender may pursue in accordance with law and equity;
Borrower has full legal right, power and authority to carry on his/her present business, to own his/ her properties and assets, to incur the indebtedness and other obligations provided for in the Loan Documents; and to comply with, perform and observe the terms and conditions hereof and thereof;
Borrower is not subject to any pending or threatened litigation or administrative investigation or proceeding which would, in any case or in the aggregate, materially or adversely affect Borrower’s right or ability to carry on business operations substantially as now conducted;
Borrower is not currently indebted to or if so, he/she is not in default in the performance of any obligation with any person, corporation, governmental or financial institution.
Events of Default. – Any or all of the following shall constitute Events of Default:
Failure by Borrower to comply with or perform any of the terms and conditions of the Loan Documents or any other agreements between Borrower and Lender;
Borrower fails to pay when due and payable any Amortization which Borrower is obligated to pay the Lender under the Loan Documents;
Any representation or warranty made by Borrower herein or otherwise in connection with the Loan shall prove to have been incorrect or misleading as of the time it was made or deemed to have been made, and without reference to whether or not Lender was in fact prejudiced by such untruthfulness and/or non-fulfillment;
Borrower voluntarily suspends or ceases operations of his/her usual business or becomes insolvent or is unable to pay his/her debts when they become due or commits or permits any act of bankruptcy or insolvency;
Any final judgment or decree for a substantial sum of money, damages or for a fine or penalty is entered against Borrower by a court of competent jurisdiction and is not paid, discharged or fully bonded within fifteen (15) days after the date when payment of such judgment or decree is due under applicable laws;
Borrower dies or is convicted of a criminal offense with final judgment carrying with it a penalty of civil interdiction affecting Borrower, or in any of the cases covered by Article 1198 of the Civil Code of the Philippines;
There shall have occurred a material change in the financial circumstances or condition of Borrower reckoned from the approval of the Loan, which, in the reasonable opinion of Lender, would adversely affect the ability of Borrower to perform the obligations under the Loan Documents.
Consequences of Occurrence of Event of Default. – Upon the occurrence of an Event of Default:
The Loan then outstanding, all Interest accrued and unpaid, and all other amounts payable hereunder and the Loan Documents shall immediately become due and demandable without need of demand or further notice of any kind from Lender, all of which are hereby expressly waived by Borrower.
Lender may, in its absolute discretion at any time and without notice, offset his/her obligations against any deposits, funds, securities, properties and things of value that are now or may hereafter be in the possession, custody or control of Lender or any of its subsidiaries or affiliates or both, on deposit or otherwise to the credit of or belonging to Borrower, and apply said payment against any amounts due and payable from Borrower. For this purpose, Borrower hereby expressly authorizes the disclosure, furnishing and/or sharing by Lender or by any of Lender’s subsidiaries or affiliates, of any and all information relative to his/her deposits, funds, securities, properties and things of value in their possession, custody or control. Lender is hereby authorized to sell the same at public or private sale to apply the proceeds thereof to the payment of the Loan.
Lender may proceed against Borrower and may take such other steps or actions against Borrower, judicial or extrajudicial, as Lender may deem appropriate for the full protection or enforcement of its rights and remedies.
Attorney’s Fees and Damages. – If Lender is compelled to seek judicial relief against Borrower by reason of Borrower’s breach of its obligations under this Agreement, Borrower shall, in addition to any other damages awarded by the court, pay to Lender an amount equivalent to twenty five percent (25%) of the amount due but in no case less than Ten Thousand Philippine Pesos (PhP 10,000.00) as and by way of attorney’s fees, aside from the costs and expenses incurred by Lender in the enforcement of this Agreement.
Entire Agreement. – The Loan Documents shall constitute the entire agreement of Borrower and Lender with respect to the subject matter hereof and shall supersede any prior expressions of intent or understanding with respect to this transaction.
Governing Law and Jurisdiction. – This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any legal action shall be brought exclusively in Taguig City.
Separability. – In case any provision of this Agreement shall be declared by competent court or authority to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of any other provision herein shall not in any way be affected or impaired thereby.
Communication. – Borrower agrees that any instructions sent or purportedly sent to Lender through SMS, fax, call, email, any channel or any other electronic means shall be valid and binding upon Borrower. Borrower confirms that (a) Lender shall have the right (but not the obligation) to act on such instructions or documents and/or take steps in connection therewith or in reliance thereupon as Lender may in good faith determine, and (b) Lender may further use said communication or documents transmitted by SMS, fax, call, email, any channel or other electronic means as evidence in a court of law.
Borrower hereby further agrees to receive mobile advertisements, short messaging services (SMS) and/ or email alerts/messages on Lender’s products and/or services, as well as those of its affiliates and subsidiaries such as, but not limited to Globe Telecom, Inc., G-Xchange, Inc. and Globe Fintech Innovations, Inc.
|Loan Product||KAIBIGAN LOAN|
|Qualified Borrower||Qualified Individual Globe Subscriber with GCash Account|
Loanable Amount (in Php)
Via USSD. The steps for Availment will be as follows:
|Release of Loan Proceeds||Credit to Borrower’s GCash Wallet|
|Interest Rate||As approved by Lender|
|Applicable Fees and Taxes||
Cash-out Fee via GCash Partner Outlets – ₱20 for every ₱1,000
ATM Withdrawal Fees using GCash Cards – ₱20 per withdrawal
|Loan Term||Three (3) months to nine (9) months|
Frequency of Payments
Late Payment Penalty
GCash USSD Push Payment
GCash/Bank Auto Debit
5% per month of outstanding principal due
Prepayment of the Loan may either be:
(1) Amortization Prepayment before a scheduled Amortization Date, for which no prepayment fee is due; or
(2) Lump Sum Payment of the Loan before its scheduled maturity, for which a prepayment fee is due, which amount may either be the Interest due for the remaining period or a fixed fee to be determined by the Lender.
Prepayment Fee – Full Term Interest