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Biscuits Mobile Application
Terms and Conditions
And Privacy Policy


Nature of Application

The Account-Holder and/or User, hereinafter referred to as “you”, acknowledges that Biscuits Mobile Application, hereinafter referred to as the “Biscuits”, is a privilege which may be availed of as long as it is offered by Nexus R Forward Finance Inc. (“Nexus”), and provided that the you continue to be qualified under the provisions of these Terms and Conditions and under the provisions of your Term Loan Agreement. For avoidance of doubt, these Terms and Conditions incorporates by reference, where applicable, the provisions contained in your Term Loan Agreement. By agreeing to these Terms and Conditions you acknowledge that your privilege to use Biscuits is coterminous with the Term of your Term Loan Agreement.

While Biscuits is available 24 hours a day, some or all the services, functions and/or utilities may not be available at certain times due to maintenance, computer, telecommunications, electrical, network failure and/or any other reasons beyond the Nexus’s control. You, therefore, acknowledge that Nexus shall not be liable for any damage and/or loss you may incur by reason of such suspension of services.

Proprietary Interest

You recognize and acknowledge that Nexus is the sole and absolute owner of all the information and materials (including any enhancements, designs and/or modifications) used in, or derived from and provided to you via Biscuits, as well as, all other Intellectual Properties, as defined by law and by international agreements and/or treaties that the Philippines is a party of, that is found, produced, created and/or provided therein.

In using Biscuits, you acknowledge and agree that you shall not:
  • Use Biscuits for any purpose other than its intended purpose.
  • Disassemble, decompile, copy, modify or reverse engineer any of the, programs and/or software comprising Biscuits or allow anyone else to do so.
  • Disclose to any other party any information relative to the use of Biscuits which are not of public knowledge.   ### Security

Security

Nexus shall use reasonable efforts to ensure that Biscuits is secured and cannot be accessed by unauthorized third parties.

However, Nexus does not warrant the security, secrecy or confidentiality of any information transmitted through any network system, or such other equivalent system in any jurisdiction.

By accepting this Terms and Conditions, you acknowledge and agree that you are the only person who has sole access to your Biscuits accounts. Consequently, you are responsible for keeping your Password and PIN Code (PIN) confidential. For security reasons, you should change your Password and/or PIN regularly.

It is strongly suggested that the password and/or PIN must not relate to any readily accessible personal data such as name, birthdate, address or phone number; or an obvious combination of letters and numbers, including sequential numbers (e.g. 123456).

You shall not disclose the details of your Biscuits account, your Password or PIN to any unauthorized person and shall take the all necessary steps to prevent the discovery of your Password and PIN by any unauthorized person.   You shall notify Nexus immediately upon receipt of any data or information through Biscuits which is not intended for you and, when possible, shall delete such data or information from your phone/terminal immediately.

You shall ensure the strict confidentiality of such information.   You may terminate access to Biscuits should the wrong PIN and Password be used three (3) times in one day, or should the incorrect response to Security Questions be made three (3) times in one day. You may request for a new PIN and/or Password through the process laid out in Biscuits (Forget Password or Forget PIN link) or call Nexus Mobile Application Division.

Limit on Liability

Nexus reserves the right to determine the scope of Biscuits, set or change the daily cut-off time, modify, restrict, withdraw, cancel, disconnect, deactivate, suspend or discontinue any or all services without prior notice to you.   Nexus shall not be liable to you or any person for your inability to use Biscuits, for unauthorized use, actions or transactions using your Pin and/or Password or for any other cause beyond the Nexus’ control, such as but not limited, (i) problems due to your wireless service provider or telecommunications network; (ii) jailbreaking, rooting or any other modifications, alterations, conversions and/or changes made to your mobile device;  and/or (iii) the installation and/or the presence of

malicious software (including malware, viruses and/or bugs) in your mobile device and/or computer.   You shall ensure that your mobile phone service provider supports SMS and that your mobile phone can receive SMS.

Nexus shall not be liable if you do not receive the SMS due to the failure of your service provider/mobile phone.   You shall provide Nexus with a correct and operational e-mail address and mobile number.

Nexus shall not be liable for any undelivered e-mail communication or any cost that you may incur for maintaining an internet access and telecommunications service. You shall promptly notify Nexus of any change in your email address, contact numbers, home or business address or any other information which may affect communication between the parties or your compliance with your obligations contained in your Term Loan Agreement. Nexus shall not be liable for any loss or damage that may directly and/or indirectly arise from any unauthorized interception or use of data relating to your account, including those committed through hacking, unauthorized access to your Biscuits accounts or any other means relative thereto.   You likewise authorize Nexus to act upon any instruction(s) which was identified and/or authenticated by typing your Password and/or Pin in the fields provided in Biscuits. Nexus shall act only on those instructions sent through Biscuits which it actually received. You further acknowledge and agree that that Nexus does not assume and shall be free from any liability and/or loss directly or indirectly arising from any malfunctions in the communication facilities that may affect the timeliness or accuracy of the instructions sent.

Upon Nexus’ receipt of your instruction(s), Nexus may implement it at Nexus’ absolute discretion.

You authorize Nexus to treat and consider as valid, binding, voluntary and intentional any instruction given by or agreement made through Biscuits by any person using your Password and/or PIN, including without limitation, any transfer to a third-party bank account or any account of similar nature.   You acknowledge, agree and understand that, apart from requesting for your Password and/or Pin, Nexus shall not be obliged to further investigate the authority of the person sending the instructions nor verify the authenticity, accuracy or completeness of such instructions. You likewise acknowledge, understand and agree that such instructions shall be deemed correct, complete, irrevocable and binding upon you.

You warrant and take full and unconditional responsibility for all transactions executed through Biscuits and in particular, in ensuring the accuracy and completeness of your instructions.   You agree that Nexus may but not obliged nor required to verify any instructions given through the use of your Password and/or Pin by e-mail, telephone or any other means. For avoidance of doubt, Nexus shall not be liable for any and all liabilities, claims, suits, damages, expenses and/or any other costs that may directly or indirectly arise by your use of Biscuits or for any unauthorized use thereof. You further agree that Nexus may, without notice and without stating the reason therefor, cancel or refuse to execute any of your instructions at any time without incurring any liability.

You shall be solely liable for any losses or damages that you may directly or indirectly incur.
  • from any discrepancies, omissions, inaccuracies or incorrect entries in your Biscuits account or your use thereof;
  • from your fraudulent and/or negligent acts, including your failure to properly safeguard your Password and/or PIN;
  • from any unauthorized transaction(s);
  • from Nexus’ failure to comply with any of your instructions or directives;

Nexus reserves the right to suspend your access to Biscuits without prior notice if Biscuits reasonably believes that you are mishandling your Biscuits accounts or, if in Nexus’ judgement, your continued access to Biscuits may adversely affect the credibility and/or security of the system.

While such suspension may be temporary, Nexus reserves the right to permanently terminate your access to Biscuits or its related applications.

Notwithstanding anything to the contrary, by accepting these Terms and Conditions you acknowledge and agree that Nexus shall not be liable for any indirect, incidental, special, punitive or consequential damages, or any loss of profits and/or revenue which arose or may thereafter arise, directly and/or directly, from your use of Biscuits or the unauthorized use by any person of your account. To the fullest extent permitted by the Governing Law, Nexus’ maximum liability for any damages arising out of or related to these Terms and Conditions or any other agreement relative thereto, whether in contract or in tort, or otherwise, shall be limited to Five Hundred Pesos (Php 500.00), which the parties mutually considers as sufficient compensation for any damage that you may incur under this Agreement. In no event shall Nexus’ liability arising out of or related to these Terms and Condition exceed the said amount.

Privacy

Upon execution of your Term Loan Agreement and accepting these Terms and Conditions, for purposes of this provision and the immediately succeeding provisions they are collectively referred to below as “Agreement”, you shall provide Nexus with the following information: - Complete Name; - Complete Address; - Date of Birth; - A photocopy or scanned copy of one (1) government issued I.D. - A photocopy or scanned copy your Employee I.D. - Your contact information, including: - Mobile Number; - Telephone Number; and - Email address

That you have unconditionally Consented to and authorized your Employer to disclose the following information to Nexus:

  • Your gross salary
  • Known deductions of your gross salary
  • Gender
  • Civil Status
  • Your position in your company.

You acknowledge and agree that the foregoing information is indispensable in order for Nexus to extend to you its financing facilities and for it to comply with the requirements of the applicable laws and rules imposed by the appropriate government entities, such as Anti-Money Laundering Act, Know Your Customer Policy and other similar provisions of law. As such, your Consent and grant of authority to Nexus to collect, store and share such Information continuous until revoked by you in writing.

You hereby represent and guarantee that the foregoing information you have provided are true and accurate in every aspect. In the event that there is a change in any of the foregoing information, you bind yourself to notify Nexus of such a change and/or information within five (5) business days from the occurrence of the change or the time you acquired knowledge over the same.

You further agree and Consent that Nexus may use your personal data generated or disclosed under this Agreement, the Promissory Note and other related papers and/or documents such that Nexus or such person appointed by the Nexus may contact you for the purpose of marketing, sending reminders of your amortization / installment schedule, collection of Amounts Due and similar activities, as well as verifying information you have presented to Nexus in the course of this Agreement or any approved Drawdown Application.

You likewise agree and Consent that Nexus may retain, record and/or use any of the foregoing information and such other information you may thereafter provide during and after the Term of this Agreement for on-going credit scoring purposes, as well as to be able to gauge your ability and capacity to pay any of your Amounts Due for future Drawdowns Applications as set forth in this Agreement.

You acknowledge and agree that you have expressly and actively represented to Nexus that you have freely Consented to the disclosure of the foregoing information to Nexus, as well as, those information disclosed by your Employer.

Notwithstanding anything to the contrary, Nexus shall not use any of your information in such a manner that will violate the terms and conditions contained in its Apple Developer Program License Agreement.

Non-disclosure

By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). Confidential Information shall be limited to the terms under this Agreement, the information referred to herein and such other information made private and confidential by R.A. 10173, and all other information clearly identified and/or marked as “confidential”.

A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; © is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.

We each agree to hold each other’s Confidential Information in confidence for a period of five (5) years from the date of disclosure unless the law requires a longer period. Also, we each agree to disclose Confidential Information only to those employees or agents who are required to access it in furtherance of this Agreement and who are required to protect it against unauthorized disclosure. Nothing shall prevent either party from disclosing any Confidential Information under this Agreement, applicable Promissory Note, Disclosure Statement and/or Drawdown Terms and Conditions in any legal proceeding arising from or in connection with this Agreement.

You acknowledge and agree that you have been informed by Nexus of its rules and regulations to safeguard the information listed under this Terms and Agreement and that the same is sufficient compliance with requirements of R.A. 10173. To the fullest extent allowed by law, you hereby waive all rights and/or remedies provided in R.A. 10173.

Sharing of Information

In order to avail of the full benefits of Biscuits and to enjoy the whole spectrum of services offered by Nexus and by accepting these Terms and Conditions you unconditionally consent to and authorize Nexus to share any information relative to your personal circumstances with the Nexus’ subsidiaries, affiliates, representative offices, agents or other authorized third parties that Nexus may select solely for purposes of improving Nexus’ service to you and/or its software specifications.

Otherwise, you must not use Biscuits and immediately uninstall the same from your mobile device. Any act to the contrary would be sufficient proof that you consent and authorize such sharing of information referred to in this provision.

Notwithstanding anything to the contrary, Nexus undertakes to share only such information and only in such manners duly authorized by RA. 10173 or any other prevailing applicable law.  

Amendment 

Nexus may modify and/or supplement these Terms and Conditions at any time and without notice to you.

Nonetheless, Nexus will exert reasonable efforts to notify you of any change through any of the following means: email, SMS notification and the Biscuits’ messaging system.

Continued use of Biscuits shall constitute your acceptance of the amended Terms and Conditions.  

Termination

You acknowledge the right of Nexus, without prior notice, to limit, restrict, cancel, suspend, discontinue or terminate the use of Biscuits as it may deem appropriate for whatever reason.  

Consent to the Terms and Conditions

By using Biscuits, you accept and agree to be bound by the Terms and Conditions governing Biscuits, including any amendment/supplement thereto, its nature, functionalities and operating features and to pay any applicable fees associated with the use of the same. You understand that any subsequent enrolment, download and installation of Biscuits shall be covered by the same terms and conditions.   You likewise agree to be bound by any and all laws, rules, regulations and official issuances applicable to Biscuits now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of related applications, functionality, benefits or services which Nexus may make available to you in connection with Biscuits.

Governing Law

These Terms and Conditions is governed by the substantive and procedural laws of the Philippines without reference to its conflict of laws principles and you and Nexus agree to submit to the exclusive jurisdiction of, and venue in, the courts in Makati City, Philippines in any dispute arising out of or relating to this agreement;

Separability Clause

If any one or more of the provisions contained in these Terms and Conditions shall be declared invalid, illegal, unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired. However, at the Nexus’ reasonable discretion, if the remaining provisions no longer reflect the intention behind it, Nexus may terminate this Agreement by serving you a written notice of termination at least 5 days before the intended date of termination. Upon termination of this Agreement under this Clause, all Credit Obligations shall become due and payable without the need of any formal demand, judicial or otherwise.