Terms of Service
Welcome to our Terms and Conditions of Use. As this affects your legal rights, kindly read them carefully and our Privacy Policy and other terms referenced in this Terms and Conditions of Use carefully.
1. Introduction
By clicking “Apply For Loan” or otherwise applying/engaging Crawfort Micro Lending Technologies Philippines Inc. (“Crawfort”, the “Company”, “we”, “us”, “our”) financial service (“Crawfort Service” or “Service” or “Loan”), including via software application or website, you are entering into a binding contract with Crawfort Micro Lending Technologies Philippines Inc. (SEC Registration No. CS201906864). Crawfort Service shall also include our Customer Support and Contact Centre.
Your agreement with us includes these Terms and Conditions (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are collectively referred to as the “Agreements”). If you wish to review the terms of the Agreements, the latest and effective version of the Agreement can be found on Crawfort’s Website – www.crawfort.com/ph. You acknowledge that you have read, understood and accepted these Agreements and to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you are not eligible to use Crawfort Service.
Please peruse these Agreements carefully as they encompass important information about Crawfort Service provided to you, the Terms, future changes to these Agreements, Privacy Information, waiver, limitation of liability, Governing Law etc.
Any information that you have provided us can be corrected during the application process or otherwise, by contacting us at [email protected].
In order to use Crawfort Service, you need to be
(1) 18 years of age or older;
(2) have the power and capability to enter into a legally binding contract with us and not barred from doing so under any applicable laws; and
(3) be a current resident or legally employed in Philippines.
You further represent, warrant and promise that any information submitted to Crawfort during the application process is true, accurate, complete to the best of your knowledge and belief. In addition, you understand and is well aware that you may be held liable in the event any of the information you have submitted is found to be false or untrue or misleading or misrepresenting.
2. Changes to the Agreements
Occasionally, we may, at our discretion, make changes to the Agreements. When material changes are made to the Agreements, we will provide you with a notice by
(1) notifying you via our software application;
(2) sending you an email; or
(3) sending you a text message, at our discretion. We endeavour to notify you at least 14 days in advance or otherwise, as soon as practicable.
Your continued use after being served such notice shall constitute your acceptance of the changes. Therefore, please ensure you read any such notice carefully. If you do not wish to continue using our Service, you may terminate these Agreements by contacting us at [email protected]
3. Intellectual Property and Copyright
Intellectual Property Rights means all patents, unpatented inventions, registered and unregistered design and design rights, copyrights (including rights in computer software), database rights, topography rights, domain names, trademarks, rights in trade dress and get up, rights in good will or to sue for passing off, service marks, trade names, logos, rights in trade secrets, know-how (including applications or the right to apply for all of the foregoing) and all other intellectual property rights of any nature whatsoever and all rights of a similar nature having similar effect throughout the world whether registered or unregistered and whether now existing or in the future created.
All Crawfort trademarks, service marks, trade names, logos, domain names, and any other features of Crawfort (“Crawfort Brand Features”) shall be absolutely owned by Crawfort. The Crawfort Brand Features may not be used in connection with any product or service without the prior written consent of Crawfort. The aforesaid however, may be used by partners and third party in connection with providing the Service so long as they use it in a manner consistent with Crawfort’s requirements.
Use of any of the Crawfort Brand Features does not imply any affiliation with or endorsement by them.
You shall also not reverse-engineering or modifying the system designs of Crawfort Service.
If you believe that Crawfort has infringed your copyright or constitutes a violation of your intellectual property rights, please submit a notice of the alleged infringement or violation to the following address:
Att: Data Protection Officer,
Crawfort Micro Lending Technologies Philippines Inc.
9/F M1 Tower 141 H.V. Dela Costa Street , Salcedo village , Makati City, 1227
Ideally, your notice should include as much detail as possible, including, where applicable:
A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright/intellectual property that is allegedly infringed or violated;
Specific identification of the copyrighted work or intellectual property claimed to have been infringed or violated;
Specific description of the infringement (please be as detailed as possible);
Contact information for the complaining party, including the exact name, address, telephone number and email address;
A declaration that the complaining party has done it in good faith belief that use of such copyrighted work of intellectual property that is alleged infringed or violated is not authorised by the proprietary owner, its agent or the law; and
A declaration that the information detailed in the notification is accurate and that the complaining party is the proprietary owner, or an agent for the proprietary owner or authorised to act on behalf of the proprietary owner.
4. Third Party Applications
Crawfort Service is integrated with third party applications, websites and services (“Third Party Application”) to enable us to provide you with our Service. The Third Party Application has their own terms and conditions of use and privacy policy of which you will be notified prior to signing your Loan contract with us. Your use of these Third Party Application will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Crawfort does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or any transaction you may enter into with the provider of any such Third Party Applications.
5. Our Rights
Crawfort reserves the right to remove or disable access to any user/applicant for any or no reason, including but not limited to any violation, in Crawfort’s sole discretion, of these Agreements or any applicable law. Crawfort may take these actions without prior notification to you or any third party. Removal or disabling access shall be at our sole discretion.
In consideration of the Service provided to you under the Agreement, you grant us the rights to
(1) allow Crawfort Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service;
(2) To provide advertising and other information to you, contact you via telephone and email for the loan application purpose; and
(3) to allow our affiliates to do the same for the foregoing.
However, should you opt to not receive any advertising or other information from Crawfort or its affiliates, kindly convey your intentions to [email protected]
6 .User Guidelines
To ensure you experience the best user experience with Crawfort Service and to ensure compliance with the applicable laws of the Philippines, Crawfort has set the following guidelines which you must strictly observe:
you MUST NOT provide or share your Crawfort login and account details with a third party or any person other than yourself in order to apply or engage Crawfort Service;
you shall not use any automated means (including bots, spiders etc.) to collect information from or to gain unauthorised access (including by means of malware, virus, hacking etc.) to Crawfort system;
you shall not impersonate another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
you shall be solely responsible to ensure your Crawfort account login details is kept confidential and secure. If any of the aforesaid is lost/stolen or if you believe there has been unauthorised access to your account by third parties, please notify us immediately at [email protected].
you shall not interfere with or in any way disrupts the Crawfort Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Crawfort systems, network, usage rules, or any of Crawfort’s security components, authentication measures or any other protection measures applicable to the Service or any part thereof; or
You shall be responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, codes, or any other information required to access the Platform. You are responsible for keeping your email address up to date in order to maximize the use of the Platform.
You shall not contravene the Agreements, as determined by Crawfort.
You acknowledge and agree that contravening any of the above may result in the immediate termination or suspension of your user account.
7. Service Limitations and Modifications
Crawfort will make reasonable efforts to keep Crawfort Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under the applicable law, Crawfort reserves the sole right at any time, to modify or discontinue, temporarily or permanently, functions and features of the Crawfort Service, with or without notice, without liability to you, except where prohibited by law, for any interruption, modification, or discontinuance of the Crawfort Service or any function or feature thereof. You understand, agree and accept that Crawfort has no obligation to maintain, support, upgrade, update other service or to notify you of the foregoing.
8. Customer Support
You acknowledge and agree that Crawfort may provide your communications about your account and the Platform electronically.
For customer support or any queries related to our Crawfort Service, kindly submit a ticket to our Customer Support via our Contact Us section of our website.
We will attempt to respond to all customer support queries within 5 working days. However, in the event the nature or subject of the query is deemed by us to be complicated, we will inform you that the matter has been escalated and to provide you an interim report or an expected time for us to resolve/attend to your queries, where possible. However, we make no guarantees or warranties of any kind that your queries will be responded within the aforesaid timeframe.
9. Term and Termination
This Agreement will continue to apply until it has been terminated by you or Crawfort. Crawfort reserves the right to terminate this Agreement for any reason that Crawfort deems fit and justifiable. However, in the event you wish to terminate this Agreement, you may do so by contacting us by sending us an email at [email protected] and we will attend to your request accordingly.
Clauses 3, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17 as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive the termination.
10. Warranty and Disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT CRAWFORT SERVICE IS PROVIDED “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE OUR SERVICE AT YOUR OWN RISK AND AT YOUR OWN ACCORD. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRAWFORT AND ALL OWNERS OF THE CONTENT MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. IN ADDITION, CRAWFORT MAKES NO REPRESENTATION NOR DOES IT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE CRAWFORT SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT CRAWFORT IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED THROUGH THE CRAWFORT SERVICE. YOU SHOULD USE YOUR JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM CRAWFORT SHALL CREATE ANY WARRANTY ON BEHALF OF CRAWFORT IN THIS REGARD.
11 Limitation
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CRAWFORT, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR
(1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;
(2) ANY LOSS OF USE, DATA, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE CRAWFORT SERVICE AND/OR THIRD PARTY APPLICATION; OR
(3) any and all losses, damages, or claims of whatever nature due to fortuitous events or force majeure such as but not limited typhoons, floods, earthquakes, public disturbances, calamities, epidemics or pandemics, and their effects or due to any act or circumstance beyond the control and reasonably foresight of Crawfort, or for which Crawfort is not responsible, or circumstances not otherwise attributable to the fault or gross negligence of Crawfort, such as but not limited to: (i) prolonged power outages, breakdown in computers and communication facilities, and similar cases; (ii) inaccurate, incomplete or delayed transmission of information to you due to disruption or failure of communication devices used for the services; and (iii) indirect, incidental, or consequential loss, loss of profit, or damage suffered by you.
12 Entire Agreement
These Agreements constitutes all the terms and conditions agreed upon between you and Crawfort and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspect of your use of the Crawfort Service may be governed by additional agreements. For instance, when you are entering into a loan agreement with Crawfort. At such, you will be presented with any related additional agreement, and you will have opportunity to agree to the additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
13 Severability and Waiver
Unless as otherwise stated in these Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity and enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the fullest extent permitted by law.
Any failure by Crawfort to enforce the Agreement or any provision thereof shall not waive Crawfort’s rights to do so.
14 Assignment
Crawfort may assign the Agreements or any part of them and Crawfort may delegate any of its obligations under these Agreements. You may not assign the Agreements or any part of them, nor transfer your rights and obligations under these Agreements to any third party.
15 Liability and Indemnification
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD CRAWFORT, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES, HARMLESS AND FREE FROM ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) ARISING OUT OF:
YOUR BREACH OF THIS AGREEMENT;
YOUR UNAUTHORIZED USE OF THE PLATFORM;AND
YOUR VIOLATION OF ANY LAW.
16 Time Limitation on Claims
You acknowledge and agree that any claim you may have arising out of or related to your relationship with Crawfort must be filed within one (1) year after the cause for such claim arose; otherwise, your claim shall be permanently barred.
16 Counterparts
These Agreements may be executed in separate counterparts, each such counterpart being deemed to be an original instrument, and all such counterparts shall together constitute the same agreement.
17 Arbitration
All disputes, controversies or differences arising out of or in connection with this Agreement (including, without limitation, questions of interpretation of any of the provisions of this Agreement) shall be amicably settled by mutual consultation within thirty (30) days after written notice thereof has been given by the complaining Party. Should the Parties fail to agree within the said period, the matter in dispute shall be finally settled by arbitration in the Philippines in accordance with the Philippine Arbitration Law by which each Party agrees to be bound. Any award by the arbitration tribunal shall be final and binding upon the Parties and may be enforced by judgement of a competent court having jurisdiction in the premises. Nothing herein contained shall bar the right of any of the Parties to obtain injunctive relief against threatened conduct that will be likely to cause loss and/or damage pending the resolution of the dispute by arbitration pursuant to this Agreement.
18 Governing Law and Jurisdiction
These Agreements and all matters arising herein shall be governed by and construed in accordance with the laws of the Philippines and the Parties agree to submit to the exclusive jurisdiction of the Philippines Courts, in the proper court of Makati City.
19 Personal Information
Crawfort adheres to the provisions of the Data Privacy Act of the Philippines (Republic Act No. 10173) and are committed in maintaining your personal data confidential and dedicated for the purposes for which such information is collected. Consequently, Crawfort reserves the rights to use, process, disclose or transfer your personal data to third parties including without limitation any of the affiliates or subsidiaries of Crawfort, credit bureaus (including without limitation, TransUnion Information Solutions, Inc.) and government agencies. The personal information collected, the purposes of such collection and the manner the Corporation uses such information is provided in the Privacy Policy.
20 Contact Us
If you have any questions concerning Crawfort Service or the Agreements, please contact us at [email protected]
Thank you for reading our Terms and Conditions. We hope you will enjoy our Service.