Lender Information:
Company Name: 8 CARAT CASH AND CREDIT INC.
SEC
REGISTRATION NO.CS201504284
CERT. OF AUTHORITY NO.1695
“Carat Cash” APP (hereinafter referred to as" “This product” ") is operated In order to
clarify the rights and
obligations between the users of this product (hereinafter referred to as “users” or
“you”) and Carat Cash
(hereinafter referred to as the “we” or “Platform”), and to maintain the legal rights
and interests of both parties, in
accordance with the principle of equality and mutual benefit, the two parties reached
the following agreement
(hereinafter referred to as the “Agreement”) on matters related to the services of this
product for mutual compliance.
This agreement is applicable to all activities of user registration and use of the
company's products and services. To
avoid misunderstanding, user's successful registration of this product shall be deemed
as user of this product and shall
be bound by this agreement.
Before registering as the user of this product, users must read carefully and fully
understand all contents of this
agreement. Users who have successfully registered or used this product shall be
considered that the user has fully
understood and agreed to all the contents of this agreement, and this agreement
immediately has legal effect between the
user and the company. All activities of user registration and the use of this product's
services shall be subject to the
restriction of this agreement and bear the corresponding liabilities and obligations.
Please do not register or use this
product if the user disagrees with the contents of this agreement.
Users shall ensure that they have reached the age of 20 and have full capacity for civil
conduct when registering or
using the product. If the user does not meet the above conditions, the user shall
terminate the registration or stop
using the product. If the user has borrowed from any of the other third parties who do
not have the aforementioned
conditions, the company has the right to refuse to provide services; If the company has
provided services, the company
has the right to terminate and retain the right to investigate and hold the
responsibility, and any legal liability
arising therefrom shall be borne by the user himself.
This agreement includes all the following terms, and also includes all kinds of rules
(platform rules) that have been
published or may be released in the future. All rules shall be an integral part of this
agreement and have the same
legal effect as this agreement. Users hereby confirms that they understand and agree
that the company has the right to
modify, add or delete this agreement from time to time as may be necessary. The company
shall notify users of such
modifications, additions or deletions in the form of publicity of this product, and
users are obliged to pay attention
to such publicity. Once the product is publicized, it shall be deemed that the user has
been notified. Users shall agree
and confirm that the company may send users various types of rules that may be issued in
the future in the form of page
messages, short messages, etc, which constitute a part of this agreement. If the
user continues to use this
product service after the change of this agreement and various rules, it is regarded
that the user has carefully read,
fully comprehended and agreed to accept and also promised to observe this agreement and
various rules after
modification, addition or deletion, and bear the corresponding responsibilities and
obligations. If the user disagrees
with the modification, addition or deletion of this agreement or any of the rules, the
user shall immediately stop using
the service of this product. The company reserves the right to suspend, terminate or
restrict the user's continued use
of the product's service, but such termination, suspension or restriction behavior does
not exempt the user from the
responsibilities and obligations that the product has already performed. The company
shall not be liable for any legal
liability arising therefrom.
I. Account Management
- 1.1 When users register this product, please provide accurate personal information
according to the company's
requirements, and timely update the user's accurate, up-to-date and complete
identity information and relevant materials
after obtaining the registered account (hereinafter referred to as “the account”),
including but not limited to mobile
phone number, ID card number, name of relative contacts and social contacts,
occupation, bank account and other
information so that the company and the user can have a timely and efficient
communication.
- 1.2 Users shall register with their own legal identity information. If users falsely
use, steal or pick up other
people's ID card for the Company's products and services, the user shall assumes all
legal liabilities; The Company is
solely responsible for the formal review of the user's identity information, and
assumes legal liability only within its
own business scope.
- 1.3 This account is only for the user's own use, and the user is fully responsible
for all operations and comments by
using the account or password. The user shall properly keep the account, password
and identity information. The user
shall bear the losses caused by the leakage of password, identity information and
verification code, etc. If the user
has lost mobile phone, ID card, bank card or has other circumstances that may
endanger the account fund safety of the
product or any other fraudulently use or misappropriation of the account's login
name or password without legal
authorization, the user shall immediately notify the company in a valid manner and
apply to the company for suspension
of relevant services. Users shall not transfer, give away or inherit (with the
exception of the relevant property
rights) any personal information such as their account number and password in any
way, except as otherwise provided by
law or by judicial adjudication and with the consent of the company.
- 1.4 Users shall not borrow money from any third party through their registered
account. Users fully comprehend and
promise that they shall not rent or lend money to others with their own accounts,
and they shall be fully aware that if
they rent or lend their accounts to others, they shall still bear the repayment and
other obligations under the Loan
Agreement.
- 1.5 If the user breaches any of the above-mentioned conditions stipulated in this
agreement, any legal liability arising
therefrom shall be borne by the user, and the company shall not be liable for any
liability.
- 1.6 When it is necessary to terminate the use of this product, the user may apply
for cancellation of the product
account, and the user shall cancel the account according to the procedures specified
by the company. The account
cancellation of this product will cause the company to terminate the provision of
this product and related services to
users. The rights and obligations of both parties as stipulated in this agreement
shall terminate. However, other terms
of this agreement that are not agreed to be terminated or those that cannot be
terminated by their nature are excluded.
- 1.7 In the following cases, the company has the right to refuse the user's
application for cancellation of the account
and shall inform the user of the reasons for the rejection: 1. The account still has
an unresolved relationship between
rights and obligations; 2. The cancellation of the account will damage the
legitimate rights and interests of the
company, the company's users or others; 3.Other circumstances that the company deems
that it is not appropriate to
cancel the account.
II. Service Content
This product is invested and operated by the company, providing the user with information
submission and review,
contract management, fund lending, repayment management and other services as well as
facilitating the user's borrowing
and lending services on the platform of our company.
-
2.1 Submission and review of information: Credit assessment services refer to the
service provided by the company to
evaluate users' credit status by reading and analyzing users' personal public
information, personal privacy information
and other authorized information that users authorize the company to use. In order
to allow the company to successfully
analyze personal information related to users' credit information, the user hereby
irrevocably authorizes the company to
collect, read, analyze, use and process the following information of the user:
1) Party A's identity information;
2) Party A's mobile phone bill, list, real name system and other information;
3) Party A's bank card information;
4) Other information that helps Party B to grant Party A credit line.
- 2.2 Loan application approval: Users should apply in accordance with the procedures
required by the company, including
but not limited to bank card binding, photo with the card, verification made by the
staff of the company or the
company's designated institutions and personnel with the user through WeChat and
telephone. After the user finishes the
above application procedures, the company will review the application of the user.
- 2.3 Inquiry: The company will record all operations of the user in this product,
regardless of whether the purpose of
the operation is ultimately achieved. Users can check their personal information and
loan transaction records under
their registered user names in this product.
- 2.4 Transactions: When users apply for loans or other services on the platform, they
must comply with the loan agreement
and any other agreement reached between the user and the company.
- 2.5 Advertising: In the process of providing services, the company may, on its own
initiative or by a third party
advertiser, send advertisement, promotion or publicity information (including
commercial and non-commercial information)
to users, and the method and scope may be changed without special notice to the
users. Users should carefully judge the
authenticity and reliability of advertisement information appearing in the service.
Except as explicitly stipulated by
the law, the user shall be responsible for the transaction in accordance with the
advertisement information.
III. Information Authorization
In order to conduct a smooth assessment of user credits to review users' loan
applications, the user authorizes the
company to obtain the relevant personal information of the user from the information
filled in and authorized by the
user and from other third parties. The details are as follows:
3.1 If user want to apply for a loan, user need to authorize Carat Cash to obtain
the
following permissions: read the
address book, in order to determine whether user meet the criteria for loan.
- 3.2 The user shall, in the process of applying for the loan, open certain mobile
phone permission according to the
platform's prompt, not limited to camera, etc. The actual
prompt of the platform shall prevail.
The user may choose not to authorize and the platform has the right to refuse to
provide credit and fund lending
services for the user.
IV. Rules for Use
In order to effectively protect the legitimate rights and interests of users when using
this product, users shall
comprehend and agree to accept the following rules:
- 4.1 The company accepts the operation instructions required by the platform's
registered account or bound mobile phone
number of the user, and the user cannot withdraw or revoke once the instruction has
been sent by the user through the
aforesaid channels, and it shall be regarded as the user's own instruction.
- 4.2 The user shall register and complete the relevant personal information with
their real names according to the
platform's requirements, and the user shall ensure the authenticity of the submitted
information. If there is any false,
the company has the right to refuse to provide the service. If the user is suspected
of fraud or misappropriation of
other people's information, it may be recorded in the network credit reporting
system, which may affect the user's
credit record, and the company will reserve the right to investigate the user's
corresponding legal liability.
- 4.3 The company is not a bank or other financial institution. This product is also
not a financial business. The
transfer of funds under this agreement is achieved through a bank or a third-party
payment company. The user shall
understand and agree to the reasonable time for the transfer of funds.
- 4.4 Any loss caused by the user's fault is borne by the user. The fault includes but
is not limited to: not following
the trading instructions; failing to perform transaction operations in time;
forgetting or leaking passwords;
verification codes, etc.; passwords being cracked by others, etc.
- 4.5 The company shall have the right to charge for the relevant service when the
product is used by the user. The
company has the right to formulate and adjust the service fee, and the specific
service fee shall be based on the
charging announcement listed on the product page when users using the product, or
other electronic or written agreements
between the user and the company.
V. Restrictions on Use
- 5.1 When using the product, the users should abide by the relevant laws and
regulations of the Republic of Philippines,
laws and relevant international practices of the country or region where the user is
located. Do not use this product
for any illegal purpose, nor use this product in any illegal way. Otherwise, the
company has the right to refuse to
provide the service, or terminate the agreement in advance and recover the loan, and
the user shall bear all relevant
legal liabilities.
- 5.2 Users shall not use this product to engage in acts that infringe upon the
legitimate rights and interests of others.
Otherwise, the company has the right to refuse to provide the service, or terminate
the agreement in advance and recover
the loan, and the user shall bear all relevant legal liabilities. If such acts
result in losses of the company or the
company's employees or other parties, the user shall be liable for the compensation.
The above actions include but are not limited to:
1) Infringe upon others' reputation, privacy, trade secret, trademark right, copyright,
patent right and other
legitimate rights and interests.
2) Violation of statutory or agreed confidentiality obligations.
3) Use this product in the name of others.
4) Engaged in illegal transactions.
5) Fail to perform the repayment obligation on time.
6) Provide fraudulent credit information or induce others to participate in fraudulent
loans in any way.
7) Illegal use of other bank accounts or invalid bank account transactions.
8) Engage in any activity that may contain computer viruses or may infringe upon the
system or data of the product.
9) Other misconducts which the company reasonably deems to be inappropriate.
- 5.3 Users shall comprehend and agree that the company shall not be liable for any
damages arising from any of the
following circumstances:
1) The company has the right to make judgment on the basis of unilateral judgment,
including but not limited to, the
company believes that the user has violated the provisions and spirit of this
agreement, and shall suspend, interrupt
all or any part of the product account under the name of the user, or terminate this
product or any part thereof to the
user, and remove or publish the user's profile.
2) If the company has doubt about any abnormal transaction or reasonably suspects
the transaction is in doubt or
violates the law or the agreement, it shall have the right to suspend or terminate
the use of the user's product account
without notice (including but not limited to restriction measures such as the
cancellation of the credit rating under
the account name and the transaction in transit), and refuse users to use some or
all of the functions of this product.
3) Users shall comprehend and agree that in the following situations, the company
has the right to freeze or recover the
user's registered account number or transaction, and has the right to restrict some
or all of the functions of the
product or service used by the user:
a. Subject to the provisions of this agreement.
b. According to laws, regulations and legal documents.
According to the authority's requirements.
The use of this product by users is suspected of violating national laws, regulations
and administrative regulations.
The company, based on unilateral and reasonable judgments, believes that there is an
abnormality in account information,
operations, etc.
The company deems it possible to generate risk based on its own reasonable
judgment.
Users' batch registration, provision of false information or materials and other
frauds violate usage rules and the
principle of good faith.
Incorrect inflow of funds or other acts that may lead to the user's unjust
enrichment.
The user fails to perform the repayment obligation on time.
The user damages others' interests and the other party has provided certain
evidence.
-
5.4 If the user requests to release the above freeze or restriction, the user
shall
truthfully provide relevant
information, the user's identity certificate and other information or documents
required by the company for
verification, and the company has the right to decide whether to approve the
application at its own discretion.
Privacy Protection
The company attaches great importance to the protection of users' privacy. The company
collects or uses users' personal
information only for the purpose of providing services to users, improving service
quality and the following situations:
- 6.1 Obtained the user's consent or authorization.
- 6.2 In some cases, only sharing user's information can provide the service and/or
product that the user needs, or deal
with the transaction disputes or disputes between the user and others.
- 6.3 Some services and/or products are provided by the company's partners or jointly
provided by the company and its
partners. The company will share with them the information required to provide
services and/or products, and in this
case, the company will require these partners to assume corresponding
confidentiality obligations.
- 6.4 In accordance with the provisions of laws and regulations and the requirements
of the competent authority.
- 6.5 To safeguard the legitimate rights and interests of the company, users and other
users.
- 6.6 In accordance with the legal provisions and reasonable business practices, when
the company plans to merge with
other companies, or be acquired by other companies, or carry out other capital
market activities (including but not
limited to IPO, bond issuance), and when the company needs to accept due diligence
from other entities under other
circumstances, the company will provide user information to the necessary parties,
but the company will require
reasonable confidentiality measures to the user's personal information by signing
confidentiality agreement with these
entities.
VII. Platform Interruption or Failure
- 7.1 The user shall comprehend and agree that, during the process of using the
product, risk factors such as force
majeure may be encountered which may interrupt the service of this product. Force
majeure refers to objective events
which cannot be foreseen, overcome and avoided, and have significant impact on one
or both sides, including but not
limited to natural disasters such as flood, earthquake, plague epidemics and storm,
etc., and social events such as war,
turmoil, government behavior and so on. When the above situation occurs, the company
will work hard to cooperate with
relevant units at the earliest time possible and repair it in time. However, the
losses caused to the users shall be
exempted from the scope permitted by law.
- 7.2 To the extent permitted by law, the company shall not be liable for any
interruption or obstruction of the services
caused by the following circumstances:
1) Damaged by computer viruses, Trojans or other malicious programs and hacking
attacks;
2) Breakdown of computer software, system, hardware, and communication line of the
user or the company;
3) Improper operation of the user;
4) Users use this service in a manner not authorized by the company;
5) Other situations that the company cannot control or cannot foresee reasonably.
VIII. Scope of Liability and Limitation of Liability
- 8.1 The company is only responsible for the scope of liability as stipulated in this
agreement.
- 8.2 The user information of the company is provided by the user himself, and the
company cannot guarantee the accuracy,
timeliness and completeness of the information.
- 8.3 The company does not provide any form of guarantee for credit evaluation and
this product.
X. Legal Application and Jurisdiction
The validity, interpretation, variation, execution and dispute resolution of this
agreement shall be governed by the
laws of the Republic of Philippines, without the relevant legal provisions, with
reference
to the general international
commercial practice and/ or industry practice. All disputes arising from this agreement
shall be handled in accordance
with the laws of the Republic of the Philippines.
Contact address:Unit 5D Marc 2000 Tower 1973 Taft Avenue Malate Manila, Manila, 1004
Philippines
Version date: July 2024