Terms of Use

Agreement between User and kwartzlending.com

Welcome to the Website of Kwartz Lending Co. Inc (kwartzlending.com) (the "Site") which is comprised of various web pages owned and operated by Kwartz Lending Co. Inc. (“Kwartz Lending” or the “Company”). The Site www.kwartzlending.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.kwartzlending.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.kwartzlending.com is a Financial Lending Site and the purpose of the website is to provide lending information to borrowers so that they can apply for a loan and make the best financial decision for themselves.

Definitions

The parties referred to in this Agreement shall be defined as follows:

1. Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it, available to users. Kwartz Lending Co. Inc., Kwartz Lending, Company, We, Us, Our, Ours and other first person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
2. You, the User, the Client: You, as the user of the website will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
3. Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

Privacy

Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the Philippines and any other country where We may operate.

We take Our privacy obligations very seriously and Your use of www.kwartzlending.com is subject to Kwartz Lending's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Cookies

This Website uses Cookies. Please refer to Our Cookies policy, which is included in Our Privacy Policy, for information on the purpose and use of cookies.

Electronic Communications

Visiting www.kwartzlending.com or sending emails to Kwartz Lending constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, and are required to create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kwartz Lending is not responsible for third party access to your account that results from theft or misappropriation of your account. Kwartz Lending and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Kwartz Lending does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.kwartzlending.com only with permission of a parent or guardian.

Sale of Goods/Services

We may sell Goods/Services/Loans on or through the Website. If this occurs, then some specific exclusions of liability will apply, as described in the "Exclusion of Liability" Clause. Please refer to Our additional terms and conditions for sale of goods and/or terms and conditions for sale of services as applicable. From time to time, the Company may post promotional offers for Goods/Services/Loans on the website. The frequency of such offers, as well as their terms and conditions are determined by the Company. The user is aware that the number of promotional offers for Goods/Services/Loans is limited.

The Company does not guarantee or promise to Users that:

1. The purchase of any promotional Goods/Services/Loans on the website is any way beneficial for the User and/or third parties; and
2. The cost of promotional Goods/Services/Loans is necessarily lower than their usual cost on the website or on other third-party websites.

Exclusion of Liability

1. The Website and Service, and its Content, are provided for general information only and may change at any time without prior notice.
2. You accept and acknowledge that the Website, Service, Goods, or Services may contain mistakes, errors, and inaccuracies.
3. Your use of the Website, Content, and information or documentation that We may provide to You in connection with Your use of the Goods, Services, or Products including documentation, data, and information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Services or Website (collectively, the "Materials"), is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content, or other information available through the Website or Service suits Your particular purpose.
4. Neither We, nor any third parties provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Website, Goods, or Services.
5. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations, or terms (whether express or implied) except for those expressly set out in these Agreements.
6. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Website, Goods, or Services.
7. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.
8. To the maximum extent permitted by law, We will not be liabile for any damage, loss, cost, or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Website, Goods, or Services.

Cancellation/Refund Policy

Any cancellation of a Loan Agreement within six (6) months from the date of release of funds will incur pre-payment penalty costs. As stipulated in the Loan Agreement, the Debtor must maintain an active Loan for a minimum of six (6) months from the date of release and in accordance with the Loan Payment Schedule. Thereafter, the Debtor can request an early payoff of the principal balance of the Loan. If the Debtor wishes to pay off the principal balance of the Loan earlier than six (6) months from the date of release of the Loan, then the debtor shall incur pre-payment penalty interest equivalent to the first six months of interest, per the Loan Payment Schedule, minus the total interest paid as of their last paid invoice.

Assumption of Risk

The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website. We shall not be liable for any damage to any computer, equipment, software, data, or other information caused by Your access or use of the Website or Service. We shall likewise not be liable for any action of third parties.

Links to Third Party Sites/Third Party Services

www.kwartzlending.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Kwartz Lending and Kwartz Lending is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kwartz Lending is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kwartz Lending of the site or any association with its operators.

Certain services made available via www.kwartzlending.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.kwartzlending.com domain, you hereby acknowledge and consent that Kwartz Lending may share such information and data with any third party with whom Kwartz Lending has a contractual relationship to provide the requested product, service or functionality on behalf of www.kwartzlending.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.kwartzlending.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Kwartz Lending that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Kwartz Lending or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Kwartz Lending content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Kwartz Lending and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Kwartz Lending or our licensors except as expressly authorized by these Terms.

Acceptable Use

As a condition of Your use of the Website or Services, You agree not to use the Website or Service for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

You further agree not to use the Website or Services to:

1. Harass, abuse, or threaten others or otherwise violate any person's legal rights;
2. Violate any intellectual property rights of the Company or any third party;
3. Perpetrate any fraud;
4. Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
5. Attempt to gain unauthorized access to the Website or Service, other accounts, computer systems or networks connected with the Website or Service;
6. Transmit or upload any content or material that contains viruses, trojan horses, ransomware, or other harmful or deleterious programs or software;
7. Publish or distribute any obscene or defamatory material;
8. Publish or distribute any material that incites violence, date, or discrimination towards any group;
9. Unlawfully gather information about others, including email addresses;
10. Interfere with another user's use and enjoyment of the Website or Service or any similar Website or Service.

Applicable Law

This Agreement and Your use of the Website and all non-contractual relationships arising out of Your use shall be governed and construed in accordance with the laws of the Philippines.

In case of any dispute or litigation, the Parties agree to submit to the jurisdiction of the Philippines courts.

International Users

The Service is controlled, operated and administered by Kwartz Lending from our offices within the Philippines. If you access the Service from a location outside the Philippines, you are responsible for compliance with all local laws. You agree that you will not use the Kwartz Lending Content accessed through www.kwartzlending.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Kwartz Lending, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kwartz Lending reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kwartz Lending in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KWARTZ LENDING CO. INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KWARTZ LENDING CO. INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KWARTZ LENDING CO. INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KWARTZ LENDING CO. INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KWARTZ LENDING CO. INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Kwartz Lending reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Philippines and you hereby consent to the exclusive jurisdiction and venue of courts in the Philippines in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kwartz Lending as a result of this agreement or use of the Site. Kwartz Lending's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kwartz Lending's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kwartz Lending with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kwartz Lending with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kwartz Lending with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Other Action

We reserve the right to take any of the following actions in Our sole discretion:

1. Determine whether or not You have breached this Agreement;
2. Record any correspondence that occurs in public sections of the Website or Service;
3. Review any allegations about breaches of these Website or Service, and determine in Our sole discretion whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches;
4. Determine in our sole discretion whether to terminate Your or another user's access to any particular section or sections of the Website or Service.

Spam Policy

You are strictly prohibited from using the Website or any of the Company's Services for spam activities, including gathering email address and personal information from others or sending any mass commercial emails.

Reverse Engineering & Security

You agree not to undertake any of the following actions:

1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
2. Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.

Modification & Service Interruptions

The Company may, in Our sole discretion, vary, alter, amend, change, or update the Website or Service and/or its Content at any time. The Company may need to interrupt Your access to the Website to implement any change or to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

Changes to Terms

Kwartz Lending reserves the right, in its sole discretion, to change the Terms under which www.kwartzlending.com is offered. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement and are in full force and effect immediately upon posting on the Website and that the modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

You agree to routinely monitor this Agreement and refer to the Effective date at the bottom part of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing an older version of this Agreement. Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement. In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement. Kwartz Lending encourages you to periodically review the Terms to stay informed of our updates.

Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. The Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

Assignment

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

Severability

If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

No Waiver

Our failure to enforce any provision of this Agreement shall not constitute a waiver of any future enforcement of that provision or of any other provision. No waiver shall be deemed to have been made unless expressed in writing and signed by Us. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part or of the same part or sub-part on a future date.

Headings

Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.

Contact Us

Kwartz Lending welcomes your questions or comments regarding the Terms:

Kwartz Lending Co. Inc.

Tacloban City, Leyte 6500 Philippines

Email Address: loanservicing@kwartzlending.com

Telephone number: (0945) 250-5980