TERMS AND CONDITIONS

Personal Information

 

Personal Information refers to any information, whether recorded in a material form or not, from which your identity is apparent or can be reasonably and directly ascertained by EURO RICH FOODTRADE CORPORATION (“EURO RICH”, for brevity), or when put together with other information would directly and certainly identify you.

 

Your Personal Information may be collected through the following means: cookies, flash cookies, general log information, information obtained from your employer, and referral information from third-party websites.

 

Please be advised that your Personal Information may be disclosed to the following: (a) EURO RICH’s officers, directors, employees, affiliates and subsidiaries, agents (including collection agencies), and subcontractors, which are necessary for the conduct of EURO RICHs business and on a need-to-know basis; (b) third party providers who require the information to facilitate the loan, including but not limited to the payment, remittance, or processing of loan, payments to the lender, transfer of the loan to a third party (i.e. financing company, new lender, monetary authority); (c) the government, regulatory agencies, and fraud prevention agencies for the purposes of identifying, preventing, detecting or tackling fraud, money laundering, or other crimes, and for other lawful purposes; and (d) other entities as may be required by law or as public interest may warrant.

 

In the event that your Personal Information is shared to any third party for the purposes described above, such sharing shall be subject to a data sharing agreement or an outsourcing agreement which shall require, among others, that such third party is bound to exercise the same diligence in the protection of such Personal Information. You shall be notified by EURO RICH of such sharing prior to any processing of your Personal Information, at the email address you provided upon registration. In the event that you wish to withhold your consent to any such processing or sharing, such request shall be deemed as a request for the deletion of your account and the consequent termination of your transactions in accordance with the terms and conditions of the agreements you accepted and executed.

 

EURO RICH may use your Personal Information or other internet usage data as EURO RICH may require in connection with the conduct of EURO RICHs business, such as, but not limited to the following: (a) identify you as user of the Website; (b) contact you in relation to your registered account/s or requested information; (c) processing registration of your account/s as part of screening of the investors, borrowers, and loan applications; (d) user profiling; (e) generation of a credit score; and (f) to maintain internal records.

EURO RICH shall retain your Personal Information: (a) for the duration of your activities and transactions in connection with the products and services availed; (b) for the establishment, exercise or defense of a legal claim; (c) for legitimate business purposes; (d) or in instances required by law. Your Personal Information shall then be disposed in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interest.

User Content

By submitting content to the Website, you expressly agree to the following: (a) you retain all ownership rights to the content you have uploaded on the Website; (b) you hereby grant EURO RICH a non-exclusive, transferable, sub-licensable, royalty-free, world license to use, reproduce, distribute, prepare derivative works of, display, and perform any information or content that you provide in connection with your use of the Website and its services, subject to applicable laws, issuances, and Company policies; (c) you grant EURO RICH he right to review, delete, edit, reformat, excerpt, or translate any of your information or content; and (d) you are solely responsible for the content and information you make available through or in connection with our products and services.

 

EURO RICH will not be liable for any use or misuse of your personal data by others. All the information and content posted on the Website or privately transmitted through the Website or via other means in connection with the Website’s services is the sole responsibility of the person from whom that content originated. EURO RICH will not be responsible for any errors in or omission of any information or content posted by you or any user.

EURO RICH may access and use the information recorded by credit reference and fraud prevention agencies for purposes of assessing lending risks and identifying, preventing, detecting or tackling fraud, money laundering and other crimes.

Responsibility for Account

You are solely responsible for maintaining the confidentiality of your username, password, account and any other login or authentication and validation information you created or provided to the Website (“User ID”). By creating and maintaining your account, you agree to honor all activities performed and obligations contracted using your account. You agree and confirm that any use of your User ID shall at all times be presumed to be access by you and, if by a third party, with your consent and authority. Any and all activities or transactions using your User ID shall be valid and binding transactions created, committed and performed by you.

 

If there is an unauthorized use of your User ID or account or a breach of its security, you hereby undertake to notify EURO RICH of the relevant circumstances thereof immediately.

Liability for Account Misuse

EURO RICH will not be liable for any loss that you may incur as a result of someone else using any of your account or User ID, either with or without your knowledge. You could be held liable for losses incurred by EURO RICH due to a third party using your account or User ID.

Account Security

While EURO RICH has implemented adequate safeguards as required under the Data Privacy Act of 2012, EURO RICH does not give any guarantee or warranty with respect to the same. You hereby acknowledge that you provide your Personal Information at your own risk.

Restrictions on Use

You agree to abide by all applicable terms and conditions, laws and regulations in your use of the Website, its products and services. In addition, you agree that you will not do any of the following: (a) register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity; (b) post or otherwise make available content, or take any action on the Website, that may constitute libel or slander or that infringes or violates someone else's rights or is protected by any copyright or trademark, or otherwise violates the law; (c) post or otherwise make available content that in EURO RICH’s judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Website, or which may expose EURO RICH or users of the Website to any harm or liability of any type; (d) post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation; (e) use the information or content on the Website to send unwanted messages to any other user; (f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (g) post or otherwise make publicly available on the Website any personal or financial information of any third party; (h) solicit passwords or personally identify information for commercial or unlawful purposes; (i) use the Website or our products and services in any manner that could damage, disable, overburden or impair the Website; (j) harvest or collect email addresses or other contact information of other users from the Website by electronic or other means, including the use of automated scripts; or (k) post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

No Warranty

The products and services on the Website are provided on an “as is, where is” basis and without any representation or warranty except as specifically provided or required by law or issuance. To the fullest extent permissible under applicable laws and issuances, EURO RICH disclaims all such warranties, express or implied, including, but not limited to, warranties of fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, availability, payment or realization of transactions.

EURO RICH does not warrant the accuracy, adequacy or completeness of the information provided on the Website and expressly disclaims liability for any errors or omissions in such information. EURO RICH does not guarantee and promise any specific results from use of the Website and its products and services. EURO RICH shall not be responsible for what users post on the Website or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content uploaded by other users on the Website. EURO RICH is not responsible for the conduct, whether online or offline, of any user of the Website or its products or services.

Links

EURO RICH is not responsible for the accuracy of the information, content, products or services offered by, or the information practices employed by other websites linked to or from the Website. Since third party websites may have different privacy policies and/or security standards governing their Websites, we advise you to review the privacy policies and terms and conditions of these Websites prior to providing any personal information.

Contracts and Authorizations

Your use and availment of the products and services on the Website may be conditioned on your agreement to certain contracts and authorizations. By signifying your consent and permissions therein, you and agree to be bound terms and conditions thereof and such contracts and authorizations shall be deemed validly and voluntarily executed by you. Upon request, EURO RICH may furnish you electronic copies of such documents.

Termination

EURO RICH may terminate or suspend your access to or ability to use the Website immediately, without prior notice or liability, for any reason or no reason, including breach of these Terms of Service. Termination of your access to and use of the Website shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to EURO RICH or any third party.

Limitation of Liability

To the fullest extent permitted by applicable laws and issuances, in no event shall EURO RICH, its directors, officers, stockholders, representatives, agents, or assigns be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website, including, without limitation, any damages caused by or resulting from reliance by user on any information obtained from the Website, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.

 

You expressly agree that your use of the Website is at your sole risk. EURO RICH, its directors, officers, representatives, agents, or assigns, shall not be liable to you for loss or damage of any kind which you may suffer as a result of being a user of the Website, except where such loss or damage arises from our breach of these Terms and Conditions or was caused by gross negligence, willful default or fraud by EURO RICH or employees. EURO RICH shall also not be responsible for any breach of these Terms and Conditions arising from circumstances outside our reasonable control.

Liability for Breach

You shall be liable for any loss or damage suffered by EURO RICH and/or its users as a result of: (a) your breach of these Terms and Conditions or any agreement you have entered into pursuant to the Website’s products and services; (b) your fraudulent use of the Website; and (c) your provision of inaccurate, false or fraudulent data.

 

Free and Harmless

 

By accepting these Terms and Conditions, you signify your express consent in accordance with the Data Privacy Act of 2012 and its Implementing Rules and Regulations as well as other applicable laws and issuances. You agree to hold EURO RICH, its officers, employees, directors, and stockholders, free and harmless from any and all liabilities, damages, actions, claims, and suits in connection with the implementation or processing of Personal Information in relation to your consent or authorization under these Terms and Conditions.

 

Intellectual Property Rights

The design, trademarks, service marks, and logos of the Website (“IP Rights”), are owned by or licensed to EURO RICH, subject to copyright and other intellectual property rights under the laws of the Philippines, foreign laws and international conventions. You shall not use, copy, or distribute of any of the IP Rights found on the Website unless otherwise expressly permitted by EURO RICH.

Revisions to Terms and Conditions

EURO RICH reserves the right to make changes or revisions to these Terms and Conditions at any time. Unless the changes in the Terms and Conditions are for legal or administrative reasons, EURO RICH will provide reasonable advance notice before the Revised Terms and Conditions become effective by posting thereof on the Website.

Your use of the Website after the effective date of the Revised Terms and Conditions constitutes your agreement thereto. You should review these Terms and Conditions and any revisions thereof before using the Website.

 

Lender Authorization

By accepting these Terms and Conditions, you understand that EURO RICH assumes the risk of your non-payment of the products and services availed of. To mitigate this risk, EURO RICH may, to the extent possible, assign any non-performing obligation to a third party, in each case endeavoring that you shall receive the unpaid principal, interest, and penalties which you are entitled to receive under the terms and conditions of the product or service availed of. In accordance with the foregoing, you hereby authorize and designate EURO RICH, as your authorized representative and attorney-in-fact to assign, sell, or otherwise dispose/assign the non-performing obligation to a third party, upon prior notice. EURO RICH will inform you, via email of such assignment and shall credit the unpaid principal, interest, and penalties to your account on record.

Miscellaneous

In the event that any provision of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.

 

You agree that all documents or notices may be delivered to you electronically, through your e-mail address provided upon registration. Accordingly, you recognize and acknowledge that it is your sole responsibility to update EURO RICH with your current e-mail address and EURO RICH shall not be liable for any claim of loss or damage for failure to receive notices.

 

Subject to applicable laws and issuances, all disclaimers, indemnities and exclusions in these Terms and Conditions shall survive termination of this agreement. No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.

 

Unless expressly agreed in writing otherwise, these Terms and Conditions set out the entire agreement between you and us with respect to your use of the Website and supersedes any and all representations, communications and prior agreements (written or oral) made by you or us.

These Terms and Conditions are governed by and construed in accordance with Philippine laws and issuances. All matters, claims or disputes arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the courts of the Quezon City, Philippines.

 

By clicking the Agree button, you hereby confirm having fully read and understood and voluntarily agreed to the foregoing Terms and Conditions and the proper use of the Website.

 

Published as of 17 August 2020.