PLENTINA
Terms & Conditions and User Agreement

Welcome to Plentina. Please read and accept this USER AGREEMENT and TERMS & CONDITIONS (T&Cs) before completing your account registration with Plentina.

 

This User Agreement is a financial services and an end-user license agreement between you (“user”, “you” or “your”) and Plentina Inc. and its subsidiaries and affiliates (collectively “Plentina”, “Company”, “we”, “our”, “us”) which provides the Plentina application (the “Application”, “Platform” or “Plentina App”). The Application is offered to you conditioned on your agreement to the T&Cs. Your use of the Application constitutes your agreement to all such terms, conditions, and any rules of conduct as Plentina may implement.

 

Access to the Application allows users to avail of the Services as defined in Section 1. Plentina may also provide additional services (the “Additional Services”), with the use of the Application. The provision of such Additional Services may be subject to separate charges.

 

Plentina reserves the right to amend, change, and/or modify these T&Cs from time to time without any advance notice. Should there be material changes to the T&Cs, you shall be promptly notified via e-mail and/or in-app. You are strongly recommended to regularly review and read the T&Cs. Any changes to these T&Cs will be effective immediately upon posting in the website and in the Plentina app, with an updated effective date. By using Plentina after any changes have been made, you acknowledge your agreement to the modified T&Cs and all the changes made therein. If you do not agree with the modified T&Cs, please refrain from using the Plentina App and from availing of the Services and Additional Services, as applicable.

 

You likewise agree that the provisions, disclosures and disclaimers set forth herein are fair and reasonable and that your agreement to follow and be bound by these T&Cs is voluntary and is not a result of fraud, duress, or undue influence exercised upon you by any person or entity. 

 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PLENTINA.

Section 1. DEFINITION OF TERMS

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 Agreement 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 Agreement.

Section 2. ACCEPTANCE OF TERMS AND CONDITIONS

1.     You must carefully read and understand this Agreement (together with the rest of the T&Cs) as amended from time to time. You will be deemed to sign this Agreement and agree to the T&Cs upon clicking the “Accept” option on the Plentina App asking you to confirm that you have read, understood and agreed to abide by this Agreement. If you do not agree with this Agreement and the T&Cs, please click the “Back” option in your Equipment. Please note that you will not be able to access the Services and get license to the Plentina App if you click the “Back” option.

2.     By downloading the Plentina App and opening an Account, you agree to comply with and be bound by the T&Cs governing the Services and you affirm that the T&Cs herein are without prejudice to any other right that Plentina may have with respect to the Services and/ or Account in law or otherwise.

 

3.     The T&Cs may be amended or varied from time to time and the continued use of the Services constitutes your agreement to be bound by the terms of any such amendment or variation. Plentina will take all reasonable measures to notify you of such changes.

 

4.    By using the App or any of the Services, you consent to us collecting and using technical information about the Equipment and related software, hardware and peripherals for Services that are internet-based or wireless to improve Plentina’s products and to provide any Services to you. If you use these Services, you consent to Plentina’s and Plentina’s affiliates’ and licensees’ transmission, collection, retention, maintenance, processing, storage, sharing and use of your Personal Information and/or Relevant Data in order to improve Plentina’s Services and/or your experience while using the App.

Section 3. REGISTRATION IN THE PLENTINA APP AND USE OF SERVICES

1.     When you accept the Agreement and T&Cs, you are creating your Plentina account associated with your mobile number. You will be asked to provide your information in accordance with Know-Your-Customer requirements which will be used to determine your eligibility to use the Plentina App, such as but not limited to:

  • First Name

  • Last Name

  • Phone number, mobile plan, and mobile network

  • Email Address (personal and work)

  • Name of Employer, status of employment, salary

  • Whether user has work email address

  • Government I.D.

  • Selfie

  • Citizenship

  • Date of Birth

  • Place of Birth

  • Present and Permanent Address

2.     You represent that all information which 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.

3.     Without limiting any other provision of these T&Cs, if you provide us any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your Account and refuse any and all current or future use by you of our App (or any portion thereof) or any of our Services. You agree not to register for more than one username, create an account on behalf of someone else, or create a false or misleading identity on the App. If your registration is revoked for any reason, you agree not to register or subscribe again with our App using another username or through any other means. If we have reason to suspect, in our sole discretion, that your Account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these T&Cs or by law. You are entirely responsible for maintaining the confidentiality of your password and Account information. You must notify us immediately in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or Account information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your Account. You are the only person who may use your Account and password to access the App and you are entirely responsible for any and all activities which occur under your Account.

 

4.     By registering an account, you represent that you are at least eighteen (18) years old. You are responsible for providing correct registration information. 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 Plentina App in the event of incomplete or incorrect information provided. You may only have one (1) Plentina account associated with one (1) mobile number.

 

5.     Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the App and the material provided therein and the Services that you availed, for your personal, noncommercial use, provided that you comply fully with the provisions of these T&Cs. You agree not to assign, transfer or sublicense your rights as a registered user of the App and/or Services. You understand that only you may use your Account, and that your availment of the Services is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Services availed by you.

 

6.     You are solely responsible for evaluating the merits and risks associated with the use of the App, any Content (as defined below in Section 7) on the App and any Services provided through the App before making any investment, financial or other decision based upon the same. Your election to engage any Services are subject to your explicit enrollment and acceptance of separate agreements, related fee schedules and/or other additional documents applicable to the Services for which you choose to enroll. At our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the App or our Services, including, but not limited to, (i) restricting the time the App and/or a Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the App and/or any of our Services. You agree that any termination or cancellation of your access, or use of, the App and/or our Services may be effected without prior notice. If you do not abide by these T&Cs, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your Account and all related information and/or files in your Account and/or bar any further access to such information and/or files, the App (or part thereof) and/or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination, cancellation or modification of your access, or use of, the App and/or our Services, except for a refund of any fees or charges prepaid by you with respect to our Services as provided under our other applicable written agreement(s) with you. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or these T&Cs, or any policies or practices by us in providing this App or our Services, including without limitation any change in Content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription or registered Account, as applicable.

 

7.     You hereby irrevocably authorize Plentina to act on all Requests received from you (or purportedly from you) through the App and to hold you liable in respect thereof. Plentina may nevertheless refuse to carry out any Requests in Plentina’s sole and absolute discretion. Plentina reserves the right to reject any Request from you and decline to act on or in accordance with the whole or any part of your Request.

 

8.     Plentina shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous.

 

9.     Plentina shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which Plentina may act if Plentina has in good faith acted in the belief that such instructions have been sent by you.

 

10.     You agree to indemnify, and shall release, Plentina and its directors, officers, employees, agents and representatives and those of its affiliates (collectively, the “Plentina Indemnified Parties”), from and against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to Plentina having acted (or failed to act) in accordance with the whole or any part of any of your Requests.

 

11.     You acknowledge that, to the full extent permitted by law, Plentina shall not be liable for any unauthorized drawing, transfer, disclosure, or any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your Account PIN, password, ID or any means whether or not occasioned by your negligence.

 

12.     In the event of any conflict between any terms of any Request received by Plentina from you and this Agreement, this Agreement shall prevail.

13.     Requests shall be made via a contact link on the App, or via email at customerservice@plentina.com.

Section 4. PERSONAL INFORMATION

1.     You hereby agree and authorize Plentina to process, store, share, use and verify your Personal Information, Relevant Information and/or other information you provided based on Know-Your-Customer requirements (i) for the purposes set forth herein; (ii) to enable Plentina to perform its obligations when you avail of any of the Services; and (ii) to the extent Plentina otherwise determines is necessary and/or advisable, in its sole discretion, to comply with applicable law.

 

2.    Plentina reserves the right to request further information from you at any time for verification or other legitimate purposes. Failure to provide such information within the time required by Plentina may result in declining to accept your account registration. Failure to provide the evidence of your identity may be deemed by Plentina as a possible fraudulent attempt to access the App and/or the Services. 

 

3.     You can request to cancel your Plentina account by requesting it from Customer Care via email at customerservice@plentina.com. Once account is cancelled, you can no longer log in to your cancelled account in Plentina. 

Section 5. FEES and TAXES

1.     Plentina shall have the right to set and charge a Service Fee in connection with your use of the Services and Plentina, from time to time, may amend or vary such Service Fee. If Plentina decides to vary or amend its Service Fee, the Service Fee payable will be displayed on the App. Plentina will use reasonable endeavors to notify you of any material changes in relation to the Service Fee within a reasonable period before such changes are implemented including displaying notices of the changes on the App, via SMS, or Plentina’s websites.

 

2.     All payments to be made by you shall be made in full, free and clear of and without any deduction or withholding whatsoever. If you are at any time required to make any deduction or withholding from any payment to Plentina, you shall immediately pay to Plentina such additional amounts as will result in Plentina receiving the full amount it would have received had no such deduction or withholding been required.

3.     All payments to be made by you in are calculated without regard to any taxes payable by you. If any taxes are payable in connection with your payment, you must pay Plentina an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.

4.     You hereby consent and agree that Plentina may withhold amounts in your Account if any tax authority requires Plentina to do so, or Plentina is otherwise required by law or pursuant to agreements with any tax authority to do so, or if Plentina needs to comply with internal policies or any applicable order or sanction of a tax authority.

 

5.     You hereby consent and agree to pay other charges as authorized by law which are enumerated in detail within the App, including but not limited to the documentary stamp tax and other expenses necessary for the due execution, delivery, enforcement of this Agreement.

Section 6. CUSTOMER’S RESPONSIBILITIES

1.     Plentina reserves the right to automatically suspend or block an Account in the event that Plentina has reason to believe that the Customer’s Plentina account is being used for fraudulent or suspicious activities (as defined under the Anti-Money Laundering Act) or by an unauthorized person. The Customer shall hold Plentina free from liability for such suspension or blocking or any loss or damage which the Plentina Customer may suffer as a result thereof.

 

2.     You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.

 

3.     You shall be responsible for ensuring the proper performance of your Equipment. Plentina shall neither be responsible for any errors or failures caused by any malfunction of your Equipment nor shall Plentina be responsible for any computer virus or related problems that may be associated with the use of the System, the Services, and the Equipment. You shall be responsible for charges due to any service provider providing you access to the System, the Services and/or the Equipment and Plentina shall not be responsible for losses or delays caused by any such service provider.

 

4.     You shall follow all instructions, procedures, and terms contained in this Agreement and any document provided by Plentina concerning your use of the System and the Services.

 

5.     You hereby agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your Credentials secret and secure. You shall ensure that your Credentials do not become known or come into possession of any unauthorized person. Plentina shall not be liable for any disclosure of your Credentials to any third party and you hereby agree to indemnify and hold the Plentina Indemnified Parties harmless from any losses resulting from any disclosure of your Credentials.

 

6.     You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from Plentina are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected. You shall immediately inform Plentina in the event that:

 

6.1. You have reason to believe that your Credentials are or may be known to any person not authorized to know the same and/or have been compromised; and/or

 

6.2. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.

 

7.     You shall at all times follow the security procedures recommended by Plentina. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your Account’s confidentiality. In particular, you shall ensure that the Services are not used, Requests are not issued and/or relevant functions are not performed by anyone other than by you.

 

8.     You shall not at any time operate or use the Services in any manner that may be prejudicial to Plentina.

9.     You represent and warrant that none of the money you transfer and/or invest through the App comes from or will be used to promote the conduct of any crime or illegal activity. You convenant not to transfer any money to or invest any money through the App that comes from, or that will be used to promote the conduct of, any crime or other illegal activity. You represent that no individual or entity has an interest in such money other than you.

Section 7. RESTRICTIONS ON USE OF MATERIALS

1.     You acknowledge that the App may contain information, text, videos, sounds, graphics, artwork, user and visual interfaces, questions, creative suggestions, messages, comments, feedback, ideas, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, service marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is owned, controlled, or licensed by or to us and is protected by law, including United States copyright laws, and, if applicable, similar foreign laws. Subject to any copy or other rights of the original owners of such Content, we also own a copyright in the selection, coordination, arrangement and enhancement of such Content. The names Plentina Inc., Plentina, the Plentina logo, and other trademarks, service marks, names, slogans, graphics, and logos of Plentina used in connection with the App and the Services (collectively, “Marks”) are trademarks or registered trademarks of Plentina. Other trademarks, service marks, graphics, and logos appearing on the Platform are trademarks of their respective owners. Nothing contained on the Platform should be construed as granting any license or right to use any of the Plentina marks or third-party marks appearing on the Platform without the prior written consent from us or any party that may own any of the third-party marks. You are not authorized to, and agree not to, download, display or use any Mark in any publication, advertising, publicity or any other commercial or non-commercial manner, in connection with products or services that are not those of Plentina, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Plentina and/or its software or intellectual property licensors, that dilutes the strength of Plentina’s or its licensors’ property, or that otherwise infringes Plentina’s or its licensors’ intellectual property rights. 

 

2.     Content is provided exclusively for personal and noncommercial access and use. You may not modify, publish, republish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any other way exploit (including but not limited to for commercial use), any of the Content, in whole or in part without the prior written consent of Plentina. When Content is downloaded to your computer or any mobile or other device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other application or networked computer environment is strictly prohibited unless you receive our prior written consent.

 

3.     Content on the Platform may include or make available general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects; market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; and access to blogs, wikis, online webinars, conferences, telecasts, podcasts and other public forums. By using the public areas of the Platform you are indicating your acceptance, without modification, of the disclaimers, terms and conditions set forth herein, which apply equally to Plentina, the Platform and any information providers.

 

4.     Content posted on the Platform is published as of its stated date or, if no date is stated, the date of first posting. Except as may be required by applicable law, Plentina has no duty to update any such information and Plentina  may discontinue or modify any category of Content at any time.

Section 8. TERMINATION

1.     Plentina may at any time, upon notice to you, terminate or vary Plentina’s business relationship with you and close your Account. In particular but without prejudice to the generality of the foregoing and Plentina’s other rights, Plentina may at its sole discretion suspend or close your Account for any reason, including if:

a. you use the Account for unauthorized purposes or where Plentina detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

 

b. Plentina is required or requested to comply with an order or instruction of or a recommendation from any competent authority;

 

c. Plentina reasonably suspects or believes that you are in breach of this Agreement (including non-payment of any loan amount due) which you fail to remedy (if remediable) within ten (10) days after service of notice by email, SMS or other electronic means requiring you to do so;

 

d. Plentina must update or upgrade the Services from time to time; and/or

 

e. your Account becomes inactive or dormant. It is understood that your account is considered dormant or inactive after non-activity for a period of one (1) year from the date of last transaction.

 

2.     Termination shall however not affect any accrued rights and liabilities of either party. If Plentina receive notices of your death, Plentina will not be obliged to allow any operation or withdrawal from your Account by any person.

 

4.     In the event that your Account has a credit balance at any time as a result of overpayment of your loan or unutilized loan, you may issue a Request to Plentina for payment of such credit balance and Plentina will return any such balance to you, less any applicable fees, provided that such amount falls above the minimum transfer amounts by the specified money providers.

Section 9. CUSTOMER CARE

For any concerns, you may get in touch with the following Customer Care touchpoints:

Section 10. NO LIABILITY TO CUSTOMER

1.     The Application is provided on an “as is” basis.  Plentina makes no warranties that the Service shall be uninterrupted or error-free.  Plentina disclaims all representations and warranties to the Application including but not limited to the warranties of merchantability and fitness for a specific purpose. Further, Plentina does not represent that the information or content accessible through the Application is accurate, complete and current and all information, including applicable fees and availability, shall be subject to change without prior notice to the Customer.  The Customer assumes all risks associated with the use of the Application, and any information available and/or accessed through the Application and any security features provided for the Application.

 

2.     You undertake to indemnify the Plentina Indemnified Parties and hold such parties harmless against any loss, charge, damage, expense, fee or claim which the Plentina Indemnified Parties suffer and you absolve the Plentina Indemnified Parties from all liability for loss or damage which you may sustain from Plentina acting on your instructions or requests or in accordance with this Agreement. Such indemnity shall also cover the following:

 

2.1. All demands, claims, actions, losses and damages of whatever nature which may be brought against the Plentina Indemnified Parties or which the Plentina Indemnified Parties may suffer or incur arising from Plentina acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond Plentina control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by Plentina.

 

2.2. Any loss or damage that may arise from your use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.

 

2.3. Any unauthorized access to your Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.

 

2.4. Any loss or damage occasioned by the failure by you to adhere to this Agreement and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Plentina Indemnified Parties as a consequence of any breach by this Agreement.

 

2.5. Any damages and costs in respect of any claims against the Plentina Indemnified Parties for loss where the particular circumstance is within your control.

Section 11. GENERAL PROVISIONS

No failure by Plentina to exercise, and no delay in exercising, any right or remedy in respect of any provision of this Agreement shall operate as a waiver of such right or remedy.  

 

If any provision or part of a provision of this Agreement shall be or be found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Agreement, all of which shall remain in full force and effect. 

 

The Terms and Conditions (for the avoidance of doubt, including, but not limited to, this Agreement) constitute the entire agreement between you and Plentina and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to its subject matter. You acknowledge that in entering into this Agreement, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement, any other agreement you have with Plentina, or the Privacy Policy. You agree that neither you nor Plentina shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

Section 12. DISPUTE RESOLUTION

1.     The parties shall use their good faith efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with this Agreement. To this end, the parties in dispute shall each promptly appoint representatives of appropriate standing who shall meet and attempt to resolve any dispute between them. In the event that an amicable settlement has not been reached within thirty (30) days of the parties’ representatives meeting as aforesaid, the following provisions of this clause shall apply.

 

2.     Any dispute, difference or question whatsoever and howsoever arising out of or in connection with this Agreement shall be referred for final determination to a single arbitrator to be appointed by agreement between the parties hereto or in default of any such agreement within seven (7) days of the notification of any dispute by either party to the other. To the extent permissible by law, the determination of the arbitrator shall be final and binding upon the parties and shall not be subject to any appeal.

 

3.     Nothing in this section shall restrict either party’s freedom to commence legal proceedings of any nature for the purposes of seeking preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of any arbitrator.

Section 13. MISCELLANEOUS

1.     Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with the relevant local laws where Plentina operates. You agree that any legal actions or disputes that may arise from, relating to, the use of the Application shall be resolved exclusively within the jurisdiction as determined in the agreement between you and Plentina. The Parties each hereby irrevocably waives, to the fullest extent each of them may effectively do so, the defense of an inconvenient forum to the maintenance of such action or proceeding, or to the laying of venue of any action.  

 

2.     Assignment. This Agreement shall be binding upon and enforceable on you and Plentina and their respective successors and assigns. Either party shall not assign or transfer its rights or obligations hereunder without the prior consent of the other party, which consent shall not be unreasonably withheld.

3.     Notices.  All communications and notices provided for hereunder shall be in writing and shall be by email to the designated recipient or their respective successors as follows:

 

If to you: the address and contact details as provided by you upon registration with the Plentina App; provided, that any changes therein must be reflected by you in the Plentina App; and

 

If to Plentina: 

Attn to: Plentina Lending, Inc.

Address: 8484 Ground Floor Valgosons Building East Service Road San Martin De Porres, City of Paranaque, NCR 1701

Email address: info@plentina.com or customerservice@plentina.com

Section 14. PROVISIONS ADDITIONALLY APPLICABLE FOR LENDING SERVICES

1.     Plentina’s acceptance of your loan application will be displayed on the App. Plentina reserves the right to decline your loan application or to revoke the same at any stage at Plentina’s sole and absolute discretion and without assigning any reason or any notice thereto. Plentina reserves the right to issue or decline to issue a loan and/or vary the terms of the loan depending on Plentina’s assessment of the credit profile of each individual borrower from time to time. The terms of the loan and the Service Fee payable in relation to each loan application will be displayed on the App, the disclosure statement and the loan agreement to be presented to you.

 

2.     Through the App, Plentina shall notify you of the due date of the applicable amounts that you may owe Plentina by virtue of any loan availed. If you have selected a loan product with installment payments, the amount due per installment as well as the repayment schedule shall also be displayed in the App. 

 

3.     As much as practicable, repayment of said amounts shall be done in-App. However, in the event of default, Plentina may employ reasonable means in accordance with applicable laws, including but not limited to engaging third-party collection agencies and/or legal counsel in order to collect the loan and the corresponding interest, penalties and service fees from you as the borrower, and shall exercise good faith and reasonable conduct in all efforts to collect the amounts due. For purposes of collection, Plentina shall keep your data strictly confidential, except for the following circumstances:

 

3.1. Disclosure of information with your written or recorded consent;

 

3.2. Release, submission or exchange of your information with other financial institutions, credit information bureaus, lenders (potential or actual), their agents and/or representatives;

 

3.3 Upon orders of a court of competent jurisdiction or any government office or agency authorized by law;

 

3.4. Disclosure to collection agencies, counsels and other agents of the lender to enforce Plentina’s rights against you; 

 

3.5. Disclosure to third party service providers solely for the purpose of assisting or rendering services to Plentina in the administration of its lending business; and

 

3.6. Disclosure to third parties such as insurance companies, solely for the purpose of insuring Plentina from your default or other credit loss, and you from fraud or unauthorized charges.

 

4.     All payments collected shall be applied first against penalties; then against interest due on the loan; then against the Service Fee and principal amount of the loan.

 

5.     Each of the following shall constitute an Event of Default under a loan agreement:

 

5.1. Your failure to comply with any of the covenants or obligations expressed or implied in the loan agreement;

 

5.2. Your failure to pay any principal amount, interest, Service Fee, and late fee, as may be applicable, when due and payable in accordance with the terms of the loan agreement; or with respect to any amount other than the principal amount, interest, Service Fee, and late fee, as may be applicable, your failure to pay within thirty (30) days from receipt of payment notice for said amount;

 

5.3. Your insolvency or the inability to pay your debts when due or commit any act of insolvency;

 

5.4. Where Plentina reasonably believes that the loan has been used by you for some purpose other than the agreed use of the loan;

 

5.5. An attachment or levy upon all or substantial part of your property which would materially impair your financial ability to perform its obligations under your loan Agreement; and/or

 

5.6. Your violation of any law, regulation, judgment, or administrative decision or decree, including non-payment of taxes, in circumstances where Plentina reasonably believes that said violation will have an adverse effect on your ability to meet your obligations under your loan agreement.

 

6.     At any time after an Event of Default has occurred and is continuing, Plentina may, without prejudice to any other right or remedy granted to it under any law:

 

6.1. terminate the loan agreement;

 

6.2. declare the loan (and all accrued interest, Service Fee, late fee, and all other amounts outstanding under the loan agreement) immediately due and payable, whereupon they shall become immediately due and payable;

 

6.3. engage an external collections agency or legal counsel to seek repayment; and

 

6.4. obtain indemnification upon demand against any reasonable loss or expense, which Plentina may incur.

 

 

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