TERMS OF USE

These Terms of Use ("Terms of Use") are provided on behalf of Vidalia Lending Corp. and its affiliates ("Vidalia", "we”, "us", "our"). By using www.vidalia.com.ph, including any sub-domain thereof (the "Site"), and/or Vidalia mobile application, you signify that you have read, understand and agree to be bound by these Terms of Use, regardless of whether you are a registered member of the Service. Please read them very carefully. If you do not wish to be bound by these terms of use, you should not access, use the Site, or download our mobile application and utilize our services. In addition to these Terms of Use, you may enter into other agreements with us, Vidalia Lending Corp. that will govern your use of the products and services offered on the Site and to our mobile application. If there is any contradiction between these Terms of Use and another agreement you enter into that is applicable to a product or service offered on the Site or our mobile application, then the other agreement will take precedence as it applies to the product or service.


Privacy

Your privacy is very important to us. Our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Site or our mobile app. We will not share or sell any of your information with any third party, which is incorporated by reference into these Terms of Use. By being in this site or in our mobile application, you are agreeing that the following personal information (hereinafter referred to as “Personal Information”):

  • Your full name, birth date and/or age, permanent and temporary residential address, details of government-issued ID, employment information, contact number/s, email address, bank account details, credit card and/or financial account information, financial history, transaction history, and purchase history,

  • other information such as but not limited to records of your visits and the data you submit when using the Site from which your identity may not be obvious or apparent or which may not reasonably and directly identify you,

  • information from third parties including information obtained, upon your authorization such as "Employment Information" from your employers and "Transaction and Credit Information" which includes transaction, financial and credit history stored by third parties,

  • data traffic and information usage elicited from your visits to https://vidalia.com.ph/.

  • information acquired from you (from you personally, or on your behalf from other third parties or sources), during your registration on our Site or your use of our mobile application or amidst your application to any of Vidalia Lending Corp.’s products and services. These data shall be collected, used, processed, secured, kept, stored, and protected by Vidalia Lending Corp.following the Privacy Policy and these Terms of Use,

Your Personal Information may be collected or gathered through different sources such as cookies, flash cookies, login credentials, employee information from your employer, data gathered from your service providers, data gathered from third party credit bureaus and credit consolidators.

Vidalia Lending Corp. may use your Personal Information or other internet usage data as the Company may require in connection with the conduct of the Company's business, such as, but not limited to: (a) identify and determine you as a user of the Site; (b) communicate with you in relation to your registered account/s or requested information; (c) process the registration of account/s as part of the screening of the investors, borrowers, and loan applications; (d) user profiling; and (e) maintain internal records.

Your Personal Information will be kept and maintained by Vidalia Lending Corp. for such period necessary for legal and administrative purposes, and during the duration of your activities, and transactions concerning the services and products availed and utilized in our mobile app or on https://vidalia.com.ph. This information will be discarded in a protected and secure manner that would avoid damaging your interest, further processing, and unlawful access or exposure to any third party. On the condition that the company may maintain copies of your Personal Information in the company’s archives for determining its continuing obligations under this Agreement or according to its bona fide record retention or data back-up policies, access to which shall be restricted on a need-to-know basis, as may be demanded under applicable laws and regulations.

Electronic Communication

When you visit vidalia.com.ph, send emails to us, download Vidalia mobile application, create an account on the app, and avail our services, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email, posting notices on our Site, and show you notifications on your mobile app dashboard. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you to advise you of changes or additions to the Site, our mobile application or about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law.

Registrations and Applications

You may be presented with the opportunity to register, apply for a loan or register to be a loan investor through the Site and our mobile application. When you register, become a loan investor, or apply for a loan, you agree to provide current, complete, and accurate information about yourself. When you apply on the mobile app, Vidalia Lending Corp.'s acceptance and approval of your loan application, along with the General Terms and Conditions of the loan will be displayed at the "Loan" page of the app. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, reject any application you have submitted, terminate any agreement we have with you and restrict your future use of the Site, our mobile application, and our products and services. We reserve the right to reject any registration and/or decline any application for a loan.

Before registering or using https://vidalia.com.ph, or downloading the Vidalia mobile app, it is significantly important for you to know that our services can only be administered and provided if you recognize and agree to communicate and present your appropriate employment, financial, and transactional information. These data may be acquired by Vidalia Lending Corp., on your behalf, from all relevant sources or third parties such as government agencies, service providers, etc. under your authorization and instruction.

Your Content and Information Sharing

By providing information or content on the Site and on our mobile application, you expressly agree to all of the following:

  • You grant us a non-exclusive, transferable, sub-licensable, royalty-free, world license to use any information or content that you provide in connection with your use of the Site, our mobile application and our services, subject to the privacy provisions described in our Privacy Policy. We have the right to review, delete, reformat, excerpt, or translate any of your information or content.

  • You are solely responsible for the content and information you make available through or in connection with our products and services. The Company will not be held legally responsible for any use or misuse of your personal data by others with or without your consent.

  • You are responsible for keeping all ownership rights to the content (personal information) you have uploaded on the Site or on the Vidalia mobile app.


Hence, as a borrower, you also give consent to Vidalia Lending Corp., its partners, bureau affiliates and other third-party service providers to communicate or contact you by means of phone calls, SMS, e-mails, postal mail or any other form of written, verbal or electronic communication for the purpose of (a) credit investigation, (b) providing you updates regarding the status of your loan application or your approved loan, (c) collection of loan, (d) marketing agendas, and (e) any other legal cause.

All the information and content posted on the Site or privately transmitted through the Site or our mobile app or via other means in connection with our services is the sole responsibility of the person from which that content originated. We will not be responsible for any errors or omissions in any information or content posted by a user.

Account Responsibility

As a User, you are solely and completely responsible for keeping the privacy of your login information or User Credentials which includes your username, password, account name, and any other authentication and validation information you created or submitted to the Site and to the Vidalia mobile app (“Unique User Credentials”). Through the creation and maintenance of your account, you agree to respect and honor all activities executed and obligations pledged using your account.

You accept and verify that any use of your Unique User Credentials shall at all times assumed to be accessed by you, and if ever by a third party, with your consent and authority. All activities or any transactions using your Unique User Credentials shall be valid. At the same time, transactions created and committed are irrevocable and executed by you.

If there's any indication of illegal access to your account or any breach of its security, you are required to notify the Company of the relevant circumstances thereof as soon as possible.

To access and utilize your usage of the Vidalia mobile app, you shall at your own cost, make sure that your own device is safe and efficient. Vidalia Lending Corp., shall not be responsible for any type of error or failure on behalf of any technical malfunction of your device. At the same time, we shall not be held liable for any kind of computer virus or any other related issues that relate to the use of the services, the system, and the device. As a user, you are also the one amenable for any charges by your service provider that you use for you to access the System, the services, and/or your device. With that, Vidalia Lending Corp. shall also not be accountable for any kind of loss or delay caused by any service provider.

Accountability for Account Misuse

Vidalia Lending Corp. will not be legally responsible for any loss that you may experience as a result of a third party's use of your account or password, either with or without your consent. As a User, you, on the other hand, can be held legally responsible for any disappearance or damage or loss experienced by the Company concerning or arising from a third party's use of the User's account or password.

Account Security

While Vidalia Lending Corp. has provided enough precautions as necessary under the Data Privacy Act of 2012, the Company does not grant any assurance or warranty concerning the same. Through this, you acknowledge that you submit and provide your Personal Information at your own risk.

Restrictions on Use

You agree to abide by all applicable laws and regulations in your use of the Site, our mobile application, and our products and services. Also, you agree that you will not do any of the following:

  • post or otherwise make available content or take any action on the Site and/or to our mobile application, 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;

  • post or otherwise make available content that in our 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 Site or mobile application, or which may expose us or our users to any harm or liability of any type;

  • post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;

  • use the information or content on our Site or our mobile application to send unwanted messages to any other user;

  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

  • post or otherwise make publicly available on the Site or mobile application any personal or financial information of any third party;

  • solicit personal information from anyone under 18 years old or solicit passwords or personally identifying information for commercial or unlawful purposes;

  • use the Site, mobile application, products and services in any manner that could damage, disable, overburden or impair the Site or mobile application;

  • harvest or collect email addresses or other contact information of our users from the Site or mobile application by electronic or other means, including via the use of automated scripts;

  • 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;

  • use the Vidalia app in any manner against the law, for any illegal purposes, or in any way opposing the Terms of Use which includes acting maliciously or deceitfully like hacking or entering malicious codes, which may involve harmful virus or data, into the mobile app, any services or any operating system;

  • violate Vidalia’s intellectual property rights or any third party in association with your use of the mobile app or any other services which may include submission of any material or content (inasmuch as such use is illegal or not licensed by this terms);

  • gather or collect any kind of data or information from Vidalia’s system or any services or make an attempt to decode any transmission from or to the services responsible for running the services;

  • loan, lease, rent, sub-license, merge, adapt, vary, translate or modify the Vidalia mobile app;

  • to make changes, modifications, alterations to any part of the app, or the whole mobile app itself, or allow the mobile app or any part of it to get mixed, joined or in any way get associated with any other programs;

  • dismantle, break down, or reverse-engineer to make, build or create a derivative product copied from the whole or any part of Vidalia mobile app, as well as the attempt to execute such acts; and

  • make the Vidalia mobile app obtainable in whole or in any part, in any form, which may include object and source code, to any individual.

Contracts and Authorization

Your usage and involvement in the products and services on the Site and/or on Vidalia mobile app can be based on your acceptance of certain contracts and authorizations. By officially indicating your agreement and permissions in that matter, you accept and agree to pledge and commit to terms and conditions thereof. Thus, such contracts and authorizations shall be considered validly and willingly performed by you. Upon request, Vidalia Lending Corp. may provide you electronic copies of such documents.

Changes and Modifications

We reserve the right to temporarily or permanently modify or discontinue the Site, or any portion of the Site or Vidalia mobile app, for any reason, without notice to you. We may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use now and then because your continued access or use of the Site or the mobile app after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

If and only if any provision of these Terms of Service is considered by any capable authority to be nulled or invalid, the significant or relevant provision shall be altered to grant it to be imposed in accordance with the purpose of the original text to the fullest extent authorized by relevant law. The validity, efficacy, and enforceability of the remaining provisions of these Terms of Service shall not be influenced or affected.

Termination

Vidalia Lending Corp. may cancel or terminate your access or ability to use the Site or our mobile application immediately, without initial notice or liability, for any reason or no reason, which includes breach of these Terms of Service.

Termination of your access to and use of the Site or our mobile application shall not relieve you of any obligations arising before termination or limit any legal responsibility that you otherwise may have to the Company or any third party.

Exclusion of Liability

The Company, Vidalia Lending Corp., its administrators, officers, representatives, agents, or any employee, shall not be accountable to you for loss, damage or casualty of any type which you may experience as a consequence of being a member or part of the Site. There is only such exception if the loss, damage or casualty result from our breach of these Terms of Service or was brought by total negligence, intentional default or misrepresentation by the Company or employees. The Company shall also not be held accountable for any breach of these Terms of Service resulting from occurrences outside our reasonable control.

Also, upon using our mobile application, Vidalia Lending Corp. shall not be held liable for any kind of loss or failure you might suffer if the Services are interfered due to error in your device, or any other conditions or instances outside Vidalia Lending Corp.’s control including but not limited to device malfunction, enemy or terrorist action, battery power shortage, non-availability of the System, and collapse or breakdown of any private or public telecommunications system.

Furthermore, you also acknowledge that Vidalia mobile app is not developed to satisfy your individual demands and thus, you are responsible for ensuring that the functions and efficiency of the app, as mentioned, meet your requirements.

Vidalia will not be responsible for any type of damages or failure you may suffer in association with or as a result of:

  • your violation of the Restriction on Use;

  • error, malfunction, failure or unavailability of the system, your device, or the network;

  • any illegal or unauthorized use of the services, the system and/or your device; or

  • your breach of compliance with this Terms of Use, Agreement and any document or data administered by Vidalia Lending Corp. with the reference to the use of the system and the services.

Intellectual Property Rights

The following are owned or are authorized to Vidalia Lending Corp: design, trademarks, service marks and logos of the Site and mobile application (“Marks”), subject to copyright and other intellectual property rights under the laws of the Philippines, foreign laws and international conventions. You shall not utilize, use, copy, duplicate or distribute any of the Marks that can be found on the Site or in the mobile application except otherwise with permission. You also acknowledge that you do not have the right to access the source-code form of the Vidalia mobile app.

Miscellaneous

  • You accept and agree that all information, documents or notices can be forwarded to you electronically, via SMS, phone call, e-mail address, through Vidalia mobile app or physically, through your postal mail provided upon registration. Consequently, you also recognize and approve that it is your lone obligation to update and inform the Company with your current e-mail address and postal address. Furthermore, Vidalia Lending Corp. shall not be accountable for any claim of loss or damage due to failure to receive notices.

  • These Terms of Use are administered by and interpreted in line with the Philippine law. All matters, demands or conflicts resulting from or concerning these Terms of Use, must be proposed to the exclusive jurisdiction of the courts of the City of Mandaluyong.

Links

We are not responsible for the information practices employed by sites linked to or from our web site. In most cases, links to non-Vidalia websites are provided solely as pointers to information on topics that may be useful to our users. Since third party web sites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.

Acceptance

I recognize and acknowledge that Vidalia Lending Corp. is a Filipino corporation formed and existing according to the Philippine laws and is officially registered in the Security and Exchange Commission with the initial purpose of providing loans, peer-to-peer loan investment and other financial accommodation to qualified individuals or businesses. With this, I also certify that I have read and understood, at the same time, agree to the foregoing Terms of Use. By accepting these Terms of Use and Privacy Policy I convey my explicit permission in compliance with the Data Privacy Act of 2012 or Republic Act No. 10173, and its Implementing Rules and Regulations (proclaimed last August 24, 2016) together with other relevant confidentiality and data privacy laws of the Philippines. I accept and approve to hold the Company, Vidalia Lending Corp., its officers, directors, stockholders, and employees, free and blameless from any and all liabilities, inconvenience, damages, actions, claims, and disputes in regards with the utilization, processing or usage of Personal Information in accordance to my compliance or approval under these Terms of Use.

Copyright © 2008-2019 Vidalia Lending Corp.
All Rights Reserved.
Vidalia Lending Corp. is regulated by Securities and Exchange Commission (SEC) with License No. CS200813771 and Certificate of Authority No. 279 issued October 2008. Incorporated with registered office at Unit 601 Summit One Tower #530 Shaw Boulevard Mandaluyong City, 1552 Metro Manila Philippines

Please study the terms and conditions in the Disclosure Statement before proceeding with the loan transaction