1. This Juanhand Platform (Juanhand.com and/or mobile application, altogether this “Juanhand Platform”) is owned and operated by WeFund Lending Corp., a domestic corporation duly established under the laws of the Republic of the Philippines (“Juanhand”). This Agreement is entered into between Juanhand and the registered user of this Juanhand Platform (hereafter “User” or “You”) which has full contractual effect and is applicable to the User and all the User’s activities in this Juanhand Platform.
2. Before you register as a User of this Juanhand Platform, please review all of the following terms thoroughly. By registering in, accessing and/or using this Juanhand Platform, you accept that you are bound by the following terms when using the services of Juanhand, and you undertake that you have read, understood and accepted all the terms under this Agreement, and you undertake to abide by all current laws, rules, regulations and other governmental requirements,including but not limited to the Truth in Lending Act(TILA), Bangko Sentral ng Pilipinas (BSP) regulations, the Consumer Act of the Philippines, and the Data Privacy Act of 2012 (DPA).You shall solely bear all the legal liability associated with the consequence associated with any violation of the above in your own name. If you do not agree to these terms or if you cannot fully understand any of these terms in this Agreement, please feel free to not proceed.
3. This Agreement includes the following terms and any rules and regulations which have been or may be published in the future. All aforementioned regulations are integral parts of this Agreement and have the same legal effect as this Agreement
4. Juanhand has the right to formulate or modify this Agreement or any rules and regulations at any time as required (the “Amended Agreement, Rules and Regulations”). The effective Agreement and rules and regulations applicable at the time of registration by the User shall govern his/her transactions with the Juanhand Platform until said Agreement, Rules and Regulations is further amended after publication to the Users. The Juanhand Platform will publish and announce changes to this Agreement and rules and regulations at any time and will undertake to highlight the said changes when they are published. The Amended Agreement, Rules and Regulations shall become effective immediately upon publishing and shall be binding to the registered User after such publishing. For Users who have registered prior to the newly published Amended Agreement, Rules and Regulations, continuing to use the services provided by this Juanhand Platform after such publishing means that such Users have thoroughly read and acknowledge, agree, and consent to abide by the Amended Agreement, Rules and Regulations. If the User refuses to accept the Amended Agreement, Rules and Regulations, the User has the right to terminate the use of the services provided by this Juanhand Platform. Nevertheless, such User shall bear any legal liability incurred under transactions conducted in this Website and shall be bound by the Agreement and rules and regulations that were in effect at the time of such transactions as well as Your obligations existing prior to the expression of such termination.
5. By confirming, this Agreement shall be binding between you and Juanhand. You hereby agree to fully abide by and honor any electronic agreement entered or to be entered with other Juanhand users on Juanhand and undertake to enjoy and/or forego the corresponding rights, and bear and/or waive the corresponding obligations.
1. Juanhand only accepts natural persons, legal entities and other organizations of the Republic of the Philippines with full civil capacity to register as Users. If You do not qualify, please do not register. Juanhand reserves the right to suspend or terminate any User for failure to qualify as such.
2. You undertake to use the services and the Juanhand Platform of Juanhand lawfully. You are prohibited to engage in any act that may violate the existing laws, rules, regulations and governmental directives of the Republic of the Philippines, or any unauthorized use of the Juanhand Platform, such as unauthorized access to non-public portion of the Juanhand Platform, improper use of the account passwords and any content of this Agreement.
3. User registration refers to the process of accessing this Juanhand Platform, filling in the relevant information as required and confirming/agreeing to perform this Agreement and other related user agreements. After your registration is completed, you may not assign your Juanhand username to any third party or authorize any third party to use it. Juanhand identifies Users by the registered usernames and passwords. The User hereby confirms that any actions performed by the User who logs into the Juanhand Platform using their username and password shall be deemed as actions of the registered User themselves. The electronic information registered by the User shall be the conclusive evidence of the identity of the User, and such User shall bear the legal consequence associated with their action on Juanhand.
4. You agree to register with a username that does not to violate the laws and social ethics of the Republic of the Philippines and provide your real information, and comply with the following requirements:
a. You must use your real name to register on this Juanhand Platform according to the governmental requirements, and provide Juanhand with the information required for the authentication of your identity.
b. You must provide true, up-to-date, valid and complete information.
c. You are obligated to maintain and update the registered user information and ensure that it is authentic, up-to-date, valid and complete. If you do not update the information in a timely manner which results in failure or mistakes in the service provided by Juanhand, You may not cancel the transaction or refuse to pay. Juanhand will not assume any responsibility and you shall bear all the consequences arising from such failure or mistake.
d. If you provide any inaccurate, false, outdated or incomplete information, or if Juanhand, in its independent judgment, suspect that the information so provided is inaccurate, false, outdated or incomplete, Juanhand has the right to suspend or terminate your registered account at this Juanhand Platform, and to deny you from using of some or all of the functions of this Juanhand Platform. In this case, Juanhand assumes no liability whatsoever and you agree to bear any expenses or losses incurred directly or indirectly arising therefrom.
5. Deregistration
When User decides not to use the registered username any longer, he/she shall pay up all outstanding payables (including, but not limited to, the principal of the loans, interest, overdue interest, collection fee, service charge, etc.) and apply to Juanhand for the deregistration of the username. After the deregistration of the username, the contractual relationship between the User and Juanhand shall be terminated. Juanhand is not obligated to retain or disclose to the User any information in the registered account besides your rights over your own Personal Data as further provided by the Privacy Policy.
If you have ever made an over repayment in Juanhand Platform, upon deregistration you may request a refund via Juanhand Platform at the time of deregistration. All overpaid amount will be refunded to your designated bank account if there is a remaining balance after offset with all of your liailities, with deduction of bank transfer fee (if applicable).
Furthermore, after all liabilities of the User has been settled and the User’s account is deregistered, Juanhand shall motu proprio delete all Personal Data it possesses on the User, other than that retained for purposes of compliance with relevant laws and regulations.
If User has not logged into this Juanhand Platform with his/her Juanhand username or other means recognized by Juanhand for 12 consecutive months, Juanhand has the right to cancel all or part of the Juanhand username and Juanhand account under the name of that User. The User will no longer be able to log into to this Juanhand Platform or use the relevant Juanhand account using such username. If there is remaining balance in such Juanhand account, the User may transfer it on its own or request JuanHand to transfer it to the bank account under his/her own name in accordance with the relevant procedures of Juanhand, with the bank transfer fee being deducted (if applicable).
1. User guarantees and undertakes that funds used within the Juanhand Platform are from lawful sources and that User is authorized to use and dispose of the same. Further, User as Borrower guarantees and undertakes that the loan shall be only for the personal use of the Borrower or that of his/her family and not for business or resale, barter or hire of house, lot, motor vehicle, appliance or furniture.
2. Authenticity and validity of information
User undertakes that the information he/she publishes through this Juanhand Platform shall be authentic and effective, and that any information he/she submit to Juanhand shall be authentic, effective, complete and accurate. If Juanhand or users of this Juanhand Platform suffer any loss due to breaching of the foregoing, the User shall be held liable.
3. Prohibition of commercial use of data obtained from this Juanhand Platform
The User undertakes not to make commercial use of any data obtained from this Juanhand Platform, including, but not limited to, the use of the information displayed on this Juanhand Platform in any way, such as reproduction, dissemination, etc. without the prior consent of Juanhand. The above stated provision does not apply to the use of User’s own Personal Data.
4. Compliance with laws and regulations
In using the services of Juanhand, Users must comply with the laws and regulations, rules and government directives of the Republic of the Philippines, and not to commit any illegal act, specifically:
a. Publish, communicate, disseminate, and store content that violates the lawful rights of others, such as intellectual property, personal rights, and/or commercial trade secrets;
b. Mislead, deceive others by fabricating false identities, publishing false information, make false transactions in violation of rules published in this Juanhand Platform, or such other similar actions;
c. Conduct acts that harm the safety of computer network, including, but not limited to, knowingly placing or planting any virus, trojan horse, computer worm, timed bomb or other computer program that intentionally destroy, maliciously interfere, secretly intercept or encroach on any system, data or personal data in any information he/she publishes;
d. Publish information which the State prohibits to be published, or other information that may be illegal or which violate this Agreement and other rules and regulations.
Throughout the processing of the User’s Personal Data, his/her rights under the Data Privacy Act of 2012, such as the (1) right to be informed, (2) right to object, (3) right to access, (4) right to rectification, (5) right to erasure or blocking, and (6) right to damages, shall be upheld. Entities to whom Juanhand shares User’s data shall also respect the same rights.
1. Services and Service Administration
The services that are available on the Juanhand Platform include, but are not limited to, the publishing of borrowing requests, access to available requests, credit evaluation services, signing and reviewing of contracts, recharging of balances, withdrawal, services provided by third-party providers and so on. Specific details shall depend on the services available on the Juanhand Platform at the time.
2. User confirms that transactions confirmed by the User on the Juanhand Platform in accordance with Juanhand’s service procedures shall become the irrevocable instruction of the User given to Juanhand to execute relevant transactions or operations (including, but not limited to, paying or collecting money, freezing funds, concluding contracts, etc.) User agrees that the execution time of the relevant instruction shall be based on the actual execution time in the Juanhand system. User agrees that Juanhand shall have the right to deal with the relevant matters in accordance with this Agreement and/or Juanhand related dispute handling policies.
3. If User conducts transactions or accept payments in Juanhand Platform in violation of this Agreement or the operational instructions issued by Juanhand, Juanhand shall assume no responsibility whatsoever. If the above situation occurs and the money has been credited to the account of the User, the User agrees that Juanhand has the right to deduct such money directly from the relevant account and to prohibit the User from requesting payment of such money. If the payment has been remitted to the User's bank account, the User agrees that Juanhand has the right to request back the money concerned from the User, and the collection fee shall be borne by the User.
4. If Juanhand discovers a processing error caused by system failure or any other reason, Juanhand shall correct the error regardless of whether such error is beneficial to Juanhand or a User. If such error causes a User to receive more than what he/she is entitled to receive, regardless of the nature and reason of such error, the User shall return the excess amount or perform other operations in accordance with the specific requirements stated on the notice of rectification issued by Juanhand, and Juanhand has the right to take measures on its own to correct the above erroneous transaction. User understands and agrees that no interest will be payable to the overpayment or underpayment caused by the foregoing processing error. Juanhand will not be responsible for any loss or liability arising from the aforementioned processing error (including the loss of interest, exchange rate, etc., which may result from the foregoing error).
5. Juanhand may temporarily stop, restrict or alter Juanhand services. Using Juanhand services means that the User agrees to this Agreement continuously until and unless User’s request for deregistration has been accepted and processed.
6. User agrees and authorizes Juanhand to provide user information to third party digital certificate service provider for the application of digital certificates. User undertakes that his/her identity information provided is true, complete and effective, and undertakes to accept the corresponding legal consequences therefrom. User agrees to use the digital certificate in the relevant agreement on this Juanhand Platform.
7. User agrees, understands, and consents to the fact that Juanhand may ask the User to supply or provide information, from time to time, including but not limited to, information to establish your identity (ex.name, background, addresses, contact and mobile numbers, email addresses, IP addresses, operating systems, browser types, contact details, financial data, creditworthiness information, audio recordings) and telecommunications usage data ("telco usage score”) and other information and data generated that you provide in relation to using, accessing, or availing of Juanhand’s products and/or services (“ Personal Data”).
8. User consents to the collection, use, processing and disclosure of his/her information and/or Personal Data to Juanhand, its affiliates, subsidiaries, and partner institutions such as, but not limited to, Globe Telecom Inc., SMART Communications for the purposes such as credit investigation, credit scoring, data analytics, data profiling, and such other purposes as provided for in Juanhand’s Privacy Policy.
9. User may communicate their objection to the collection and processing of their Personal Data in accordance with the provisions as stated in Juanhand’s Privacy Policy.
10. Service Fee
a. When the User uses Juanhand services, User agrees and consent to charging the User with the related service fee. Such service fees for all loan facilities and other transactions, will be explicitly disclosed before you enter into any transaction.
b. Juanhand reserves the right to unilaterally set and adjust the service fees. The modified service fees will be published on the Juanhand Platform, which will come into effect upon publication and will be applicable to the transactions take place after the revision of the cost standard.
c. When using Juanhand services (such as recharging or withdrawal), User may need to pay through third party entities (such as banks or third-party payment company, etc.). The specific fees are stated on the website or other relevant platform of the third party or in the Juanhand Platform.
11. Verification
You agree that by giving details of your reference person/s, You are confirming that Juanhand can contact them for screening, investigation and verification purposes.
1. Content of the Juanhand Platform may involve or contain links to other websites owned, controlled or operated by third parties, and services provided by third parties (hereinafter referred to as "Third-Party Services and Websites"). Juanhand will add websites and/or services of business partners or public brand whenever Juanhand deems necessary and of interest of User.
2. Juanhand cannot guarantee and has no obligation to guarantee the authenticity and validity of information on the Third-Party Services and Websites. User confirms that the use of the Third-Party Services and Websites is regulated by the relevant agreements and rules of the Third-Party Services and Websites and not by this Agreement. User shall assess and bear all the risks associated with the content, products, advertisements and any other information of the Third-Party Services and Websites, which has no relationship whatsoever to JuanHand.
1. Linkage to bank cards refers to the linkage relationship established by the User between the bank card owned by and linked to the Juanhand account registered by such User, so that the User can pay or collect money directly through Juanhand, or to recharge or withdraw money through his/her Juanhand account balance using such bank card. When establishing linkage to bank cards, User shall fill in the bank card’s issuing branch, card number, the User's real name and his/her identity card number and etc., which shall be validated by the issuing bank and/or Juanhand (but Juanhand is not responsible for the authenticity and accuracy of user information) before linkage is established.
2. User shall ensure that he/she is the true and lawful holder of the bank card designated to establish linkage and using our services and may lawfully and validly use such bank card and authorize Juanhand to verify the authenticity and validity of the personal information provided by the User on its own or through a third-party channel. User warrants that the linkage and usage of such bank card do not infringe upon the lawful rights and interests of any third party, otherwise the User shall bear all the responsibility to compensate any loss suffered by Juanhand and/or the real cardholder and bear all the legal consequences thereof, and Juanhand shall not hold any liability. Juanhand also has the right to freeze any balance of the User's Juanhand account, terminate or discontinue services provided to the User by JuanHand.
3. User agrees and authorizes Juanhand to entrust the cooperative bank or the third-party payment organization to use the balance of the bound bank card when the User uses fast recharge or repayment options on the Juanhand Platform.
4. User shall keep the bank card, the card number, Juanhand username, password, and the verification code sent by the third party payment organization and/or Juanhand to the User, and all the information and equipment related to the bank card or the User's Juanhand account in safe custody. If the User loses or exposes the foregoing information and/or equipment, the User shall promptly notify the issuing bank and/or Juanhand to reduce the potential loss. Whether or not the issuing bank and/or Juanhand have been notified, the User shall be solely responsible for the improper management of his or her information and/or equipment.
1. Juanhand provides no warranties, express or implied, whatsoever to any user and/or any transaction except for those required by law. Information provided to the User on the Juanhand Platform is for reference only. Users shall make decisions based on his/her own independent judgments and bear the risks of his/her own transactions. User shall have no claim against Juanhand for matters which result from User’s own failed or bad judgement on the risks involved. In the course of the transaction, the parties to the transaction shall resolve the dispute. Neither Juanhand and its shareholders, founders, senior officer, directors, agents, affiliated companies, parent companies, subsidiaries and employees shall guarantee the authenticity, adequacy, timeliness, reliability, completeness and validity of the User-inputted data and the content provided for by third parties and disclaim any legal liability arising therefrom.
2. Disclaimer of inherent instability of the Internet
Due to the inherent instability of the Internet, Juanhand cannot guarantee that the service will not be interrupted. Juanhand is not liable to the user or any other third party if the system is unable to function properly due to the foregoing reason causing inability to use any services by the Users or affecting any service provided by this Juanhand Platform, including but not limited to:
a. This Juanhand Platform’s system downtime maintenance period.
b. Telecommunications equipment failure causing failure in data transmission.
c. Service interruption or delay due to hacker attack, network supplier technical adjustment or malfunction, website upgrade, bank problem or other force majeure events.
3. Force Majeure
Juanhand does not assume any responsibility to the User for delay or failure to perform due to reasons beyond the reasonable control of Juanhand, including, but not limited to, natural disasters (typhoons, earthquakes, tsunamis, floods), strikes or riots, demonstrations, acts of war, government acts, failure of communications or other facilities or serious casualties, etc.).
4. Disclaimer to User’s own fault
Any loss caused by the User's own faults, including, but is not limited to, loss caused by decision making mistakes, improper operation, lost or leaked passwords, password being cracked by others, User's computer system being invaded by a third party, malicious or improper operation by the third party entrusted by the Users to conduct transaction.
5. The above does not reflect all the risks associated with transactions through Juanhand by the User and all the market situations. User shall fully understand the relevant transaction and make decisions with prudency and solely bear all the risks and consequences.
User confirms and agrees that Juanhand has the right to disclose, modify or delete information as necessary and appropriate in accordance with laws, regulations, and government requirements from time to times to operate Juanhand better and protect its own and its legitimate users. User agrees to monitor the changes in the JuanHand Platform content which JuanHand undertakes to make easily identifiable.
1. Juanhand’s privacy policy (the “Privacy Policy”) is prepared in compliance with the laws of the Republic of the Philippines. As defined under Republic Act No. 10173 (collectively “Personal Data”), otherwise known as the Data Privacy Act of 2012 (hereinafter referred to as the “ Data Privacy Act”), which regulates the processing and collection of information provided by Users, and for the collection, usage, storage, analysis and manipulation of the same by Juanhand, its assigns, affiliates, and related companies, and from which the identity of the individual User may be apparent or can be reasonably and directly ascertained.
2. Juanhand values our customers and commit to protect all personal data which may be provided by Users.
3. Juanhand implements appropriate technical and organizational measures to secure your personal data against unauthorized access, alteration, or destruction.
4. Detailed information about the handling of personal data is available in the Juanhand Privacy Policy, accessible on the platform.
5. Please read the Privacy Policy carefully before accessing or using the Juanhand Platform. This Privacy Policy contains important terms that affect your legal rights. It is understood that upon submission of the application form, you agree to be bound by the terms and conditions set forth therein, and is deemed to have given your consent to the collection, use, storage, analysis and manipulation of your data information accordingly. If you do not wish to be bound by these terms and conditions, you may choose not to continue with our Services.
1. Definition
Whether express or not, Juanhand has intellectual property rights (including, but not limited to, trademarks, patents, copyrights, trade secrets, etc.) to information and content in all non-public domain areas of the Juanhand Platform. Such information includes, but is not limited to, text, graphics, software, audio, video, data, source code, platform architecture, proprietary technology, screen layout, web design and so on.
2. Non-Infringement
It is the obligation of every user to respect intellectual property rights. User shall be liable to Juanhand for all legal liability in the event of breach, such as damages.
1. When the behavior of a User is suspected to have violated laws and regulations or violated this Agreement and/or rules, Juanhand has the right to take appropriate measures, including, but not limited to, direct blocking, deleting infringement information, or directly ceasing the provision of services to the User involved. If Juanhand suffers any loss (including but not limited third party's claim, administrative penalty, etc.) caused by the negligence or intentional act of the User, the User shall compensate or indemnify Juanhand for the losses suffered and/or the costs incurred, including the litigation costs, attorneys' fees, security fees, and other related expenses.
2. User shall compensate Juanhand in full and hold Juanhand harmless from any claim or request for damage (including attorneys' fees) by any third party caused by the User’s breach of this Agreement, or of any agreement or document made or signed on the Juanhand Platform or by violation of any law or infringement of third party rights during the usage of the Juanhand Platform and Services.
3. If Juanhand violates the relevant laws and regulations or any terms of this Agreement and causes damage to the User, Juanhand agrees to assume the liability for damages arising from such violation.
1. Communication
For this Agreement and any other agreements, notices concerning the use by the User of his/her Juanhand account and Juanhand services, User agrees that the Juanhand Platform shall be allowed to communicate electronically through notices, emails, or other electronic means to User or by posting to the mailing address entered by the User at the time of registration. Electronic means include, but are not limited to, e-mail, SMS message, in-app notice or those that are published on the Juanhand Platform or partners’ websites, or through Juanhand’s official social media accounts, etc..
2. Delivery
If notice is made by means of publishing on the Juanhand Platform, the date of publication on the Juanhand Platform shall be deemed the date of delivery. Otherwise, other notices which are issued to User personally will be sent to the email address provided by the User at the time of registration, or intranet message delivered to the User’s personal account on the Juanhand Platform, or to the mobile phone number which the User provided to the Juanhand Platform after the registration, which shall be deemed to have been delivered upon issuance.
Please pay close attention to your e-mail, in-app message and mobile phone message. The Juanhand Platform is not liable for failure of information transmission and/or the late or non-receipt of such notices by reason of User’s own negligence.
This Agreement shall remain in force unless Juanhand terminates this Agreement or the User applies for termination of this Agreement in accordance with standard Juanhand procedure. Juanhand has the right to terminate this Agreement or to restrict any User from using Juanhand at any time without notifying the User.
Disputes arising from the provision of services by Juanhand shall be governed by the laws of the Republic of the Philippines and by the courts with jurisdiction over Juanhand’s principal office.
1. Effectivity
This Agreement shall become effective as of the date on which Users show their consent of this agreement by ticking the relevant prompt or by providing their online signature and upon successful registration by them as a User of the Juanhand Platform. Unless Juanhand terminates this Agreement or the User loses the qualification as a User of the Juanhand Platform, this Agreement will always be in effect. Termination of this Agreement shall not exempt the User from the pre-existing obligations and responsibilities under this Agreement or other relevant agreements and rules prior to such termination.
2. Additional clause
There may be separate additional terms of service other than this Agreement in some sections or pages of Juanhand. If these terms are in conflict, such additional terms in those sections and pages shall prevail. Juanhand shall take efforts to ensure that Users shall be promptly notified of such additional clauses.
3. Severability
If some of the terms of this Agreement are deemed invalid or unenforceable, the other provisions of this Agreement shall remain in force.