Terms and Conditions of Use


Kindly review these Terms and Conditions of Use (“Terms and Conditions”) before proceeding. Any use of this website creates a binding agreement and acceptance to comply with these Terms and Conditions. If you do not agree to these terms, you may exit this website immediately.

About SeekCap

SeekCap is an online marketplace (the “Platform,” “website”) that will help you view, access, filter, and apply for loan products posted by participating institutions that are in the business of extending loans, such as banks and other non-bank financial institutions, financial technology companies, and the like (the "Lenders”). This will allow you to browse, compare and apply for loans, receive approval from the lender, and monitor loan application status digitally.

User Agreement

The following are terms of the legal agreement (the "Agreement") between you and SeekCap that will govern your use of the Platform through www.seekcap.ph. The Platform is owned and operated by UBX Philippines Corporation (“UBX PH”), a duly organized and existing entity under the laws of the Republic of the Philippines with office address at 33rd Floor UnionBank Plaza, Meralco Ave. corner Onyx and Sapphire Roads, Ortigas Center, Pasig City, Philippines. By accessing, browsing and/or using the Platform, you acknowledge that you have read, understood, and agree to be bound by the Terms and Conditions of this Agreement and to comply with all applicable laws and regulations. The Terms and Conditions of this Agreement form an essential basis of the agreement between you and UBX PH.

UBX PH reserves the right to amend this Agreement at any time and changes shall be posted in the Platform. All changes shall have immediate effect and your continued use of the Platform shall be deemed a continuing acceptance of, understanding or agreement to all the provisions in this Agreement. UBX PH may terminate, suspend, amend, or restrict access to all or any part of the Platform without notice or liability.

Limitations of Use

The copyright in all materials on this website and in the Platform, including without limitation, the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content") is owned by UBX PH, protected by Philippine laws and international copyright laws or treaties. Any Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of UBX PH as copyright owner. The content is and shall remain the property of UBX PH at all times. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose is prohibited without UBX PH’s prior written consent. The prohibition likewise extends to the "mirroring" of any Content contained in this website or the Platform on any server. Any unauthorized use of any Content shall be construed as violation of the applicable laws on copyright, trademark or intellectual property, among others.

All data obtained from or provided by UBX PH, regardless of the method of delivery, is explicitly prohibited from publication and distribution and is subject to UBX PH’s data terms of use. Moreover, any data provided by UBX PH, regardless of the method of delivery, cannot be used for any competing purpose and such data may only be used to permit loan applications using the products or services of UBX PH.

The use of the website, Platform and their Contents may only be used for lawful purposes. All participants in the website or Platform are prohibited from using the site, Platform and their contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil, criminal, or administrative liability to UBX PH or any third party. Any unauthorized use of the website, Platform and their Contents, including but not limited to, unauthorized entry into UBX PH’s systems, misuse of passwords, or misuse of any information posted on the Platform is strictly prohibited. Any eligibility for a particular product or service in the Platform is subject to the final determination by UBX PH.

Trademarks

UBX PH logo and all related logos (collectively the "trademarks") are trademarks or service marks of UBX PH. Other company, product, and service names and logos used and displayed on this website or in the Platform may be trademarks or service marks owned by other Lenders and other companies participating in the Platform. Nothing in this website or Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed in this website or Platform without the prior written consent of the trademark owners.

Consent to Doing Business Electronically

You may access your profile by signing in to the Platform using your web browser or your mobile device.

Signing up to the Platform shall be done via website or mobile app. During sign up, you must provide the necessary information needed such as, but not limited to, your complete name, email address, mobile number, legal business name, company position, company industry, business type, business contact information, personal or business documents, financial statements, identification cards, etc. It shall be assumed that all the information you have provided is correct, true and accurate. The information you have provided can and will be used as a basis for allowing you to avail of certain products or services offered in the Platform. Signing up on behalf of another person or corporation is strictly prohibited. Whenever any information provided turns out to be false or inaccurate or misleading but was used as a basis to enter into a valid or binding agreement, the participant who provided such false, inaccurate or misleading information shall be considered as acting in a fraudulent, deceptive or illegal manner and may be held criminally or civilly liable for such.

Once signed up, the Platform will allow you to browse loan products made available by participating Lenders. You can filter loan products based on your preferences and apply for a particular loan product. Applying for a loan product will require you to submit your loan application and consent to the requisite Terms & Conditions of the Lender. Once approved for a loan, the Platform will allow you to receive and accept the following communications sent by the Lender: (1) loan disclosure statement; (2) amortization schedule; (3) notices; (4) documents, and; (5) information (collectively as "loan communications"), as required by the law and participating Lenders.

You agree to assume full responsibility and liability for all transactions made by or under your profile through the use of the Platform. It is understood that the password is known only to you and, as such, any transaction effected using your password and/or one-time PIN (OTP) shall be conclusively presumed to have been done, executed or authorized by you.

You agree that the Platform, at its sole discretion, is entitled to act on the instructions it has received from you through the Platform after the correct entry of your password and/or one-time PIN, or your other biometric authentication methods such as, but not limited to, fingerprint scanning, facial recognition or retina scan. You further agree that the Platform shall not be liable and you agree to indemnify the Platform for any loss, damages or costs the Platform incurs for acting in accordance with or based on instructions it has received from you.

This section informs you of your rights when receiving electronic communications from the Platform.

Electronic Communications. You agree that all communications from UBX PH relating to your use of the Platform or related services may be provided or made available to you electronically by electronic mail, SMS, at the Platform, or mobile app.

Scope of Consent. Your consent to receive electronic communications and do business electronically, and our agreement to do so, applies to all your interactions or transactions to which such electronic communications relate, whether between you and UBX PH or participating Lenders involved in your transaction.

Hardware and Software Requirements. To access and retain the communications electronically, you will need to use a device with an internet connection and an up-to-date browser capable of attaching files in the form of portable document format (PDF), images (JPG/PNG), and other file types.

Mobile Technology. Mobile devices such as tablets, smartphones or similar devices should be able to access and retain electronic communications when accessing the website or Platform.

Withdrawing Consent. You may withdraw your consent to receive electronic communications in the manner described below. Once consent is withdrawn, no further loan applications will be allowed and any pending loan application shall be considered cancelled. The withdrawal of your consent will not affect the legal validity and enforceability of existing loans or any electronic communications provided or business transacted prior to the withdrawal of your consent.

Changes in Your Contact Information. You agree to keep us informed of any changes in your mobile number, email address, and other contact information you have provided to enable continuous receipt of electronic communications from the website. Your information can be updated at any time by accessing your profile in the website.

Consent to Share Data

By joining SeekCap, you hereby consent to the sharing of your personal information, data, documents or other information which you have provided during the process of your loan application with the Lenders in SeekCap for the purpose of data analytics, credit scoring, marketing, referrals to other potential Lenders, client profiling for risk or monitoring, and cross-selling of financial or non-financial products by our Lenders, our subsidiaries, affiliates, or partners. Every time that you submit data containing your personal information, documents or other data or information, you may be prompted by SeekCap of this provision. You may withdraw your consent by refusing to proceed with your loan application or transaction or ticking the appropriate box, where applicable.

Password Security

It is your duty to keep your password and other profile information confidential and secure at all times. The website provides tips on confidentiality and security. If you believe that your password, confidential information, access points (i.e., mobile phones, tablets, laptop, computers, etc.) have been compromised, lost or stolen or used without permission, you should contact UBX PH immediately to deactivate your compromised ID or password. The website is not responsible for any loss, damage or cost incurred that results from the compromise or loss or unauthorized use of your password, confidential information or access points or any transactions resulting therefrom.

Data Storing and Monitoring

In order to provide the products and services in the website, it needs to collect personal and business information from loan applicants. By providing this information, you consent to the storing, processing, and monitoring of this information that is provided on the website for purposes which may include: Know-Your-Customer, risk, compliance or anti-fraud checks, credit scoring, and marketing/cross-selling. Furthermore, you consent to us providing your information to the participating Lender that you select by applying for a loan in order to process your application.

New Features or Services

The website may, from time to time, introduce new features or services. Any new feature or service will be announced or posted on the website. Your continuous use of the website or maintenance of your account in the website is understood to be your acceptance of these new features or services.

Non-Liability for Loss, Damage or Profit

The website shall not be liable for any direct, indirect, incidental or consequential loss or damage or loss of profit of whatever nature arising from:

  1. Disruption, failure or delay relating to or in connection with the website and/or its services due to circumstances beyond the control of UBX PH, unforeseen events, fortuitous events such as, but not limited to, prolonged power outages, breakdown in computers, software, operating systems and telecommunication facilities, typhoons, floods, public disturbances, calamities or other acts of nature or Acts of God.
  2. Any fraudulent or unauthorized access or utilization of the website due to theft, unauthorized disclosure of personal information, mobile phone numbers, emails, passwords or unauthorized usage of biometrics or other security measures used in the website with or without the participation of the information owner.
  3. Inaccurate, incomplete or delayed information received due to disruption or failure of any information or communication facilities or telecommunication network, internet or software or hardware.
  4. Failure or inability to use the website.
  5. Any disclosure of information concerning your profile and/or transactions to persons for any reason whatsoever, including, but not limited to, wiretapping of communication lines or erroneous connection by telecommunication switches, or errors in transmitted information due to faulty lines, and any and all forms of high technology surveillance or fraud.
  6. Loss of your mobile phone, mobile devices and other electronic devices enrolled to the Platform.
  7. Defrauding or attempts to defraud our Lenders, subsidiaries, affiliates, or partners.
Disclaimer

SeekCap is not a party to any transaction, obligation or contract between the loan applicants and Lenders. Thus, any claim, liability, complaint or issue regarding the transaction, or any delay, error or non-fulfillment or non-completion of such transaction shall be resolved or settled only between them.

No Advice

Nothing in this website and in this Agreement should be construed as providing loan applicants with financial, tax, legal or other advice. Loan applicants are encouraged to seek independent advice from their own accounting, tax, and legal advisors before entering into transactions on this website.

No Guarantee of Performance

SeekCap does not promise, represent, or guarantee the approval of any loan application.

No Broker

SeekCap does not allow the utilization of brokers, agents, and other third parties who negotiate or act on your behalf or on behalf of SeekCap, its Lenders, subsidiaries, affiliates, or partners. Any violation of this provision shall entitle SeekCap to exercise all legal remedies available, including, but not limited to, the filing of criminal and/or civil charges.

Venue of Actions

The venue of all legal actions or proceedings arising out of or in connection with these Terms and Conditions shall be brought in the proper courts of Pasig City to the exclusion of all other venues.

Separability

In the event that any provision in these Terms and Conditions shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions shall otherwise remain in full force and effect and enforceable.






BY SIGNING UP, YOU CONSENT TO THE TERMS AND CONDITIONS STATED ABOVE.