GGIVES TERMS AND CONDITIONS

Welcome to GGives.

The terms and conditions for GGives (“Terms”) serves as a contract between you (“Borrower”) and Fuse Lending, Inc. (“Fuse”) with respect to your availment of GCash’s GGives. The term “Loan” as used in these Terms refers to the loan amount granted by Fuse to Borrower. By using the GGives feature on the GCash app, you confirm that you have read and understood and you accept these Terms and the terms of the Disclosure Statement (“collectively and for brevity, Agreement”) as defined below.

1. APPLICATION AND VERIFICATION PROCESS

1.1 You undertake to accomplish the GGives application form. You certify that the information you have provided in the GGives application form are true and correct as of the date of application.

1.2 You agree that in the event of any misinformation, misrepresentation, or failure on your part to disclose information required in the GGives application may cause Fuse to: (i) reject your GGives application; (ii) cancel its approval if already made; or (iii) demand full payment of the Loan if already received, including the applicable interests and charges. Any processing fee shall not be refunded.

1.3 You authorize Fuse to conduct verification to establish the accuracy and completeness of the information you have provided to Fuse. This includes verification with:

a) Fuse Group which includes (i) Fuse; (ii) its affiliates and subsidiaries, including Globe Telecom, Inc., Globe Fintech Innovations, Inc., and G-Xchange, Inc.; (iii) Fuse’s business partners, service providers, and other third-party partners contracted by it for the purpose of conducting its business operations such as, but not limited to, credit scoring partners and partner-collection agencies; and (iv) their respective, officers, employees, agents, and representatives; and

b) Authorized Entities which includes (i) Bureau of Internal Revenue; (ii) any credit information bureau, banking, or credit industry association, credit information service provider, and credit/loan provider, including the Credit Information Corporation (CIC), Bankers Association of the Philippines, TransUnion Information Solutions Philippines, and Trusting Social Philippines, Inc.; and (iii) other lenders as authorized by the CIC, and credit reporting agencies duly accredited by the CIC.

1.4 For purposes of Republic Act No. 9510 or the Credit Information System Act and its implementing rules and regulations, the submission of your GGives application serves as notice to Fuse that your credit data as defined under said law and regulations shall be disclosed to the extent reasonably necessary for Fuse Group to carry out its operations and discharge its functions and responsibilities for as long as you have an outstanding Loan and obligations with Fuse, or as necessary and required under existing laws, rules, and regulations.

1.5 You consent and agree that Fuse Group may send short messaging services (SMS), mobile and/or email alerts/messages to you to confirm your GGives application, to verify other information in connection with such application, or for other purposes in connection thereto. Fuse has the right to: (a) reject your GGives application, (b) cancel any approval if already made, or (c) declare the Loan due and demandable in case the Loan has already been released, should you fail to reply to these messages that require your confirmation within the prescribed period specified in the message. Any processing fee shall not be refunded.

1.6 Fuse reserves the right to reject or approve your GGives application based on your repayment capacity as determined by Fuse and the result of Fuse’s verification process, credit investigation, or credit scoring.

1.7 You shall release and hold Fuse harmless from any claims, demands, or liabilities of whatever kind or nature in connection with, or arising from, (i) the application and verification process, (ii) disclosure of your information in connection with such application, (iii) Processing of Your Personal Information (as defined below), (iv) the Agreement, and (iv) from any acts directly or indirectly related to the foregoing, unless such claims, demands, or liabilities are due to fault solely attributable to Fuse.

2. LOAN, FEES, AND CHARGES

2.1 The Loan and Loan duration will be based on the choice of Borrower out of the options provided by Fuse to Borrower, subject to adjustments based on the result of Fuse’s verification process.

2.2 Borrower agrees to be bound by, and undertakes to comply with, the terms of the disclosure statement which contains, among others, the following information (“Disclosure Statement”):
a) Personal information of Borrower;
b) Loan duration;
c) Loan;
d) Charges and deductions (e.g. processing fee and applicable taxes);
e) Loan proceeds [(c) less (d) above];
f) Schedule of payment;
g) Interests;
h) Collateral, if any; and
i) Late payment fee;
j) Name of merchant supplying product or service to Borrower (“Merchant”); and
k) Down payment amount.

2.3 Borrower agrees that the sum payable under the Disclosure Statement and other fees and charges as may be imposed or mandated by government agencies in relation to the Loan shall be borne by Borrower.

2.4 Borrower further agrees that the details in the Disclosure Statement may be adjusted by Fuse should there be changes mandated by applicable laws, rules, and regulations, or at Fuse’s sole discretion based on its policies. You agree that any adjustment shall be binding upon your receipt of written notice from Fuse specifying these adjustments. In case Borrower disagrees with the adjustment, Borrower has the option to fully pay the Loan, including applicable fees, interests, late payment fee, and other charges, within thirty (30) days from receipt of adjustment notice from Fuse.

3. LOAN RELEASE

3.1 The Loan proceeds shall be released to the Merchant’s GCash wallet as full payment of the product or services the Borrower availed or purchased from the Merchant.

3.2 You hereby acknowledge that the proceeds of the Loan or any part(s) thereof shall be deemed to have been availed on the date when the Loan proceeds are credited to the Merchant’s GCash account. If no complaint is received by Fuse within one (1) business day from the time the Loan proceeds were credited to the Merchant’s GCash wallet, Borrower is deemed to have received the full and correct Loan amount and has fully acknowledge and accepted all the details specified in the Disclosure Statement.

3.3 Fuse reserves the right to cancel and recall the approved Loan if the Loan cannot be fully disbursed to Merchant’s GCash wallet for whatever reason, such as the GCash wallet of Merchant has reached the transactional wallet limit, or deactivation of the Merchant’s GCash account. In the event that a portion of the Loan has been successfully disbursed to the GCash wallet of Merchant, the amount due, interest, and other charges applicable to the disbursed Loan shall be paid by Borrower in accordance with this Agreement.

4. REPAYMENT

4.1 Borrower will be receiving a payment due reminder via e-mail or SMS or any GCash channel before the payment due date.

4.2 Billing details will also be available on the GCash app which shows the billing period, principal amount, interest, fees, charges, previous balance, and total billed amount.

4.3 Borrower shall repay the Loan in accordance with payment schedule set out in the Disclosure Statement. Borrower shall repay the Loan either by (i) voluntary payment via GCash app or (ii) automatic deduction of the amount due from Borrower’s GCash wallet. Nothing in this Agreement shall prohibit the Borrower from paying in advance the Loan.

4.4 Should the total amount paid by Borrower exceed the amount actually due (“Excess Payment”), Fuse shall apply the excess amount to the payment of the next payment installment. Borrower shall receive an SMS confirmation if payment has been successful.

4.5 If there are no other amounts due from the Borrower, Borrower may request for the return of the Excess Payment by filing a ticket through GCash’s help center. Fuse will notify Borrower in writing once Excess Payment has been credited to Borrower’s GCash wallet.

4.6 In case of Borrowers default in paying the Loan in accordance with the schedule specified in the Disclosure Statement, Borrower agrees that Fuse will automatically deduct or set off any overdue amount once Borrower’s GCash wallet is sufficiently funded. Automatic deduction or set off shall include Delay Charges specified below.

4.7 Borrower agrees to pay late payment fee on any overdue amount at the rate specified in the Disclosure Statement (“Delay Charges”). Late payment fee shall be added on each unpaid installment from due date until fully paid.

5. DEFAULT AND IMPLICATIONS

5.1 Borrower agrees that default occurs in case (“Default”):
a) any amount due and payable as specified in the Disclosure Statement is not paid on the due date;
b) bankruptcy, insolvency, receivership, levy on execution, garnishment or attachment, or in case of any litigation or proceedings similar to the foregoing cases are initiated by or against Borrower affecting Borrower’s repayment capacity or financial stability;
c) any information provided by Borrower to Fuse is found to be spurious, fraudulent, misrepresented, inadequate, incomplete, or incorrect in any material detail;
d) failure on the part of Borrower to comply with any of his/her material obligations under the Agreement; or
e) there occurs an event which, in the opinion of Fuse, affects the ability of Borrower to perform his/her obligation under the Agreement.

5.2 In the event of Default, the outstanding Loan and all applicable fees and charges shall immediately become due and demandable without need of prior demand, and without prejudice to other rights and remedies available to Fuse under the Agreement and applicable laws.

5.3 In the event of Default, Borrower acknowledges and consents that Fuse may:
report such Default to Fuse Group and Authorize Entities and Borrower’s name will be included in the negative listings of Fuse Group and Authorized Entities; and/or
appoint or designate a representative, agent or attorney-in–fact, including third-party collection agency, to perform any and all acts which may be required or necessary to enforce its rights under the Agreement in connection with such Default. Fuse will notify Borrower in advance in the event that Fuse shall refer Borrower’s GGives account to a collection agency.

6. REFUND

6.1 Refund claims directed to Merchant

Terms and arrangement for refund claims, including those involving warranty claims, shall be agreed in writing by the Merchant and Borrower (“Refund Terms”).

Merchant and Borrower are encouraged to communicate with each other privately to resolve their differences or approach their relevant local authorities to assist them in resolving any dispute or conflict which may arise during the course of a transaction.

Refund Terms shall apply if the product or service:
a) is defective and/or damaged upon receipt of the Borrower;
b) does not match the agreed specification; or
c) is materially different from the description provided by Merchant.

The claim for refund should be for the full transaction amount for the purchase of the product or service.

6.2 Refund claims directed to Fuse

A refund claim may be raised to Fuse and will only be entertained by Fuse:
if the same is filed within thirty (30) days from the date the Loan is credited to Merchant’s wallet (“Refund Period”);
subject to the submission by Borrower of documents and information in support of his/her claim for refund, including (i) proof of transaction and (ii) that Merchant has acknowledged and approved the refund of the full transaction amount for purchase of the product or service; and
Merchant has notified Fuse in writing of the claim for refund with the following information/details: (i) the fact that Merchant consents to the claim for refund and (ii) details of the transaction, including Borrower’s complete name, GCash wallet number, date and reference number of the transaction.

Fuse reserves its right to request from Borrower additional information or documents to validate the claim for refund.

Refund Terms shall apply, and Fuse reserves the right to refuse any claim for refund, if the foregoing requirements are not complied with.

If claim for refund has been validated by Fuse, Fuse shall return to Borrower the fees and down payment deducted from the Borrower’s GCash wallet.

7. CONSENT TO PROCESSING OF PERSONAL INFORMATION

7.1 The Borrower understands, authorizes, and gives his/her consent to the Fuse Group and the Authorized Entities to collect, process, use, store, record, organize, and update, his/her personal information necessary or incidental to the Borrower’s GGives application. The Borrower’s personal information, which categories are enumerated below, will be collected and processed for the purposes of compliance with Know-Your-Customer (KYC) and anti-money laundering rules, credit investigation, credit scoring, debt collection, fraud investigation, product and systems development, data analytics, profiling, sales and marketing activities and communications relating to Fuse Group’s products and/or services, and the continuous enhancement of customer experience in the GCash app:
1. Personal profile, such as name, age, birthdate, birth place, nationality, physical address, e-mail address, telephone number, marital status, and sex;
2. Credit information;
3. Credit score;
4. Data usage records;
5. Promo subscription and redemption records;
6. Voice calling data records;
7. SMS sending and receiving records;
8. Customer relationship management records (e.g. correspondences and photos);
9. Pre-paid load balance, top up, and usage records;
10. Value-added service records;
11. Postpaid billing and collection records;
12. GCash balance and transactional records;
13. Borrower status;
14. Monthly purchase data; and
15. Payment and collection records.

7.2 The Borrower further authorizes and gives his/her consent to Fuse Group to share any and all of his/her personal information enumerated in the foregoing paragraph to its contracted third parties to perform any of the above purposes.

7.3 The Borrower agrees that his/her personal information may be further disclosed by Fuse Group in compliance with the lawful orders of governmental agencies, and existing laws, rules, and regulations, or to the extent that is necessary or incidental to Fuse’s business operations, plans, and its legal and contractual obligations.

7.4 The Borrower authorizes Fuse Group to retain all information and documents s/hehas submitted and use such information and documents for Fuse’s legitimate business purposes such as: (i) processing of any application or request in connection with any product and/or service offered by Fuse Group, (ii) to improve Fuse Group’s existing products and services, and (iii) advertising and promoting new products and services.

7.5 The Borrower acknowledges that Fuse is committed to continuously improve its products and services, and pursue its business plans. To achieve these, and to be able to perform its legal and contractual obligations, Fuse may disclose and make available to Fuse Group on a confidential basis any information that the Borrower has provided to Fuse and may hereafter provide, and other information Fuse may have directly or indirectly gathered and may hereafter gather through its own verification and validation and/or through other methods and means. The Borrower gives his/her consent to such disclosure.

7.6 By submitting your GGives application you waive your rights under the applicable laws such as, but not limited to, Republic Act Nos. 1405, 6426, 8791, 9510 as may be amended or supplemented from time to time, on the confidentiality of your personal information.

7.7 The Borrower understands that as a data subject, s/he has the right to suspend, withdraw, or request the blocking, removal, or destruction of his/her personal information within the processing systems of Fuse upon discovery and substantial proof that his/her personal information is no longer necessary for the purpose for which it was collected or provided. Fuse shall mark his/her account in its database as inactive or deactivated and shall retain the personal information only for the purpose of complying with the retention requirements of applicable laws.

7.8 Fuse may require the Borrower to update his/her personal information, as the need arises. Personal information that may be updated includes the current and permanent addresses, mobile number, landline number, and email address. All communication pertaining to the Loan shall be sent to the most updated contact details provided by the Borrower to Fuse.

7.9 The Borrower, as data subject, has the right to seek indemnity for damages sustained, if any, due to inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of personal information.

8. COMPLAINTS

Concerns, complaints, inquiries, or requests may be raised through the following channels:

8.1 GCash Customer Contact Centers
a) Hotline: 2882
b) E-mail: Support@GCash.com
c) GCash Help Center in the GCash website or mobile app

8.2 BSP Financial Consumer Protection Department
a) Hotline: (02) 8708-7087
b) Email: consumeraffairs@bsp.gov.ph
c) Mailing Address: The Consumer Empowerment Group, Center for Learning and Inclusion Advocacy, Bangko Sentral ng Pilipinas, 5th Floor Multi-Storey Bldg., BSP Complex, Mabini Street Malate, 1004 Manila

9. MISCELLANEOUS

9.1 If Fuse shall require the services of counsel or third-party service provider to enforce any of its rights and remedies under the Agreement, Fuse shall be entitled to recover attorneys’ fees, service provider’s fees, and to the extent permitted by law, fines, penalties, if any, from Borrower.

9.2 The Agreement shall be binding upon, and inure to the benefit of, Borrower, Fuse, and their respective successors and assigns.

9.3 Fuse shall have the right to assign any or all of its rights or obligations under the Agreement to any member of Fuse Group. Borrower shall not assign or transfer any or all of his/her rights and obligations under the Agreement without the prior written consent of Fuse.

9.4 In case any provision of the Agreement is declared invalid, the other provisions shall remain valid and effective to the extent permitted by applicable laws.

9.5 The Agreement shall be governed by the laws of the Republic of the Philippines.

9.6 Any dispute arising from the Agreement shall be brought before the proper courts of Taguig City to the exclusion of all other courts.

9.7 The Agreement shall be effective from the date Borrower submits a GGives application.

9.8 You also authorize and give consent to Fuse Group to offer you products and services, related to GGives or otherwise, through mail, email, SMS, by telephone, or by any other means of communications, including the use of social media.

9.9 These Terms are also available for viewing on the webpage of GCash and Fuse (website www.gcash.com/terms-and-conditions/ggives). These Terms may be modified from time to time without prior notice to you. Thus, you undertake to periodically visit and review these Terms for updates and changes, and agree to be bound by its subsequent updates, revisions, or modifications which shall be effective on the date of posting on GCash and Fuse website.