Terms and Conditions of Service and End User License Agreement (“EULA”)

I. Introduction

Venio Application World Corporation (hereafter, “Venio”) provides “nano-credit” facilities to consumers which may be redeemed at third party providers for goods and services (hereafter, the “Service”) through the relevant mobile application(s) made available for download by Venio (hereafter, “Venio App”).

The objectives of the Venio App are to:

A. provide loans to borrowers in the form of Venio Credits;

B. assess the creditworthiness of borrowers by collecting information from them and their devices;

C. provide a marketplace of goods and services; and

D. show borrowers ads, offers, and other sponsored content to help them discover content, products, and services which may be of interest to them.

II. Terms and Conditions

A. Privacy

1. Authorization for Validation of Personal Data

The use of this Service and this Venio App is purely at your option. Should you choose to register and be part of this platform, we request your authorization to verify and validate your identity. This is to protect you from identity fraud and other risks to your privacy and security. By providing your authorization below, you expressly consent to and authorize us to directly validate your identity and fact of employment with your employer company based on their existing records, and only for this purpose. Apart from this, no other personal data shall be obtained from you without seeking your prior consent.

2. Purpose, Scope and Method of Personal Data Collection and Processing

During the registration and loan application process, we collect and process personal data directly from you such as: contacts, call logs, calendar events, SMS messages and location history. This information is intended to help us continuously verify your identity while using the Service (including the use of the Venio App), to contact you about any matter, including updates, features and/or services concerning the platform, and to create your account profile.

In addition, the Venio App uses technology that allows us to collect certain technical information such as but not limited to your device’s Mobile Device ID (MDI), the type of mobile device, the version of the operating system of your mobile device, location, the time and date of use. This information is collected to ensure security in access and help us improve and personalize your user experience.

From time to time, when you use your mobile device to upload content to the Venio App, we may request access to your wireless/data connectivity, device media storage and device camera to facilitate the uploading of user-provided content such as photos and other media stored in your device or obtained directly from your device’s camera. The information that we request will be retained and used by us in accordance with the terms and conditions herein provided subject to Venio’s Privacy Policy. Likewise, the Venio App uses third-party outsourced services in the collection of personal information described in this section.

3. Security

While the Service and the Venio App is owned and controlled by Venio, its design and operation are supported by third-party service providers, specifically in terms of software operation and maintenance and data storage. Although no system or technology is completely infallible, we have endeavored to take appropriate measures to prevent risks of unauthorized access to your personal data when using the Service and the Venio App. This includes implementation of appropriate physical, technical and organizational measures in compliance with the requirements of applicable privacy laws and regulations.

4. Recipients of Personal Data

Third-party service providers may be provided access to your personal data from time to time. We understand that under such arrangements, we remain responsible over your personal data. Nevertheless, we will ensure that any such third-party service providers are contractually obligated to comply with the requirements of applicable privacy laws and regulations. Apart from the foregoing, we will not disclose any of your personal data to any third party without your permission unless we are compelled or required to do so by applicable law, rules or regulations, or by order of a court of competent jurisdiction or a regulatory agency.

5. Personal Data Retention and Disposal

Your personal data will be retained only for as long as is necessary for the fulfillment of the declared, specified, and legitimate purposes provided above, or when the processing is relevant to such purposes, strictly in accordance with our records retention policy. After which, your personal data shall be disposed or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interests.

6. Your Rights as a Data Subject

a) The Right to be Informed – We honor your right to be informed of the purposes, scope and methods of personal data processing involved in your registration into and use of the Service and the Venio App. Please note that we are constantly trying to improve and evolve the capabilities of the Service and the Venio App to include a wider range of products and services. This could involve changes to the purpose, scope and method of personal data collection and processing relative to your use of the platform. To this extent, we shall endeavor to inform you of any such changes and, when necessary, ask you to review and accept supplemental terms covering new programs and services.

b) The Right to Object – You have the right to object to the further processing and disclosure of your personal data at any time. You shall be informed of any changes to these Terms and Conditions and your consent obtained thereto, when appropriate.

c) The Right to Withdraw Consent Anytime – You have the right to withdraw your consent at any time. However, this may affect your use of the Service and the Venio App.

d) The Right to Access, Erasure and/or Blocking – You have the right to request for a copy of any of your personal data processed under these terms and conditions. Furthermore, you have the right to have it corrected if you think it is inaccurate or incomplete, subject to the submission of sufficient proof. You have the right to suspend, withdraw or order the blocking, removal or destruction of your personal data should you: (a) discover that it is incomplete, outdated, false, unlawfully obtained, used for an unauthorized purpose, no longer necessary for the abovementioned purposes; (b) withdraw your consent thereto; or, (c) discover violations of your right as a data subject.

B. END-USER LICENSING AND INTELLECTUAL PROPERTY PROVISIONS

1. SOFTWARE LICENSE.​

By using the Service and the Venio App, downloading the Venio App and agreeing to these terms and conditions, Venio hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Venio App for your personal non-commercial use. The rights granted herein are subject to your compliance to the terms and conditions. The Venio App is being licensed to you and you hereby acknowledge that no title or ownership thereof is being transferred or assigned to you and that agreement to the terms and conditions of the Service and the Venio App does not constitute a sale of any rights thereto.

2. SERVICE LICENSE.​

Subject to these terms and conditions, Venio hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Service for your personal use, in the manner permitted by these terms and conditions and subject to your compliance thereto.

3. LICENSE TERM.​

The term of your licenses under these terms and conditions shall commence on the date that you accept said terms and conditions and install or otherwise use the Venio App and/or the Service and ends on the earlier date of either your uninstallation of the Venio App and/or the Service or Venio’s termination of these terms and conditions. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Venio App and/or the Service or you otherwise use the Venio App and/or the Service in breach of these terms and conditions.

4. PROPRIETARY RIGHTS.​

The Service and/or the Venio App are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through this platform is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the platform or the collective work, and/or copying or reproducing the platform or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the [Venio Corporation]. You further agree not to reproduce, duplicate or copy content from the platform without the express written consent of Venio, and agree to abide by any and all copyright notices displayed on the site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the platform. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the platform.

5. ADDITIONAL PROTECTIONS.​

The Service and/or the Venio App may include measures to control access thereto, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these terms and conditions. Only Service subject to a valid license can be used to access online services and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Service and/or the Venio App will not function properly and may likewise be considered a breach of these terms and conditions. Please be aware that when you use the Service and/or the Venio App, you are using an information and communications technology as contemplated in Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012. Accordingly, any abuse or misuse of our system may constitute a violation of the Cybercrime Prevention Act of 2012.

C. STATEMENT OF RIGHTS AND RESPONSIBILITIES

This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) constitutes the terms of service that governs our relationship with users and others who interact with the Service and the Venio App, as well as the Venio App and the Venio brands, products and services, which we call the “Service”. By using or accessing the Service and the Venio App, you agree to this Statement, as updated from time to time in accordance with Section E below. Additionally, you will find resources at the end of this document that help you understand how the Service and the Venio App works.

As mentioned above, the Service and the Venio App may evolve to include a wider range of products and services. This could involve changes to the purpose, scope and method of personal data collection and processing relative to your use of the platform. As such, when necessary, we may ask you to review and accept supplemental terms covering new products and services that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of such conflict.

1. Definitions

a) By the “Platform” or” Service” we mean the features and services we make available, including through (a) our website at http://www.venio.com/ and any other Venio branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the “Like” button, the “Share” button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Venio reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate covenants and not this terms and conditions.

b) By “Platform” we mean a set of Application Program Interfaces (APIs) and services (such as content) that enable others, including application developers and website operators, to retrieve data from Venio or provide data to us including the Venio App.

c) By “instrument” we mean the stated purpose, authorization, and terms and conditions contained herein.

d) By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Venio.

e) By “content” we mean anything you or other users post, provide or share using Service.

f) By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Venio or provide to Venio through the Platform.

g) By “post” we mean post on Venio or otherwise make available by using Venio.

h) By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

i) By “application” we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term application will apply until you delete the data.

j) By “Trademarks” we mean the list of trademarks provided here.

k) By “cookies” and “tracking software/utilities” we refer to the Website; by “references” we refer to the mobile app.

2. Safety and Security

We do our best to keep the Service and the Venio App safe, but we cannot guarantee it. We need your help to keep the Service and the Venio App safe, which includes the following commitments from you:

a) You will not collect users’ content or information, or otherwise access the platform using automated means (such as harvesting bots, robots, spiders, or scrapers).

b) You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the platform.

c) You will not upload viruses or other malicious code.

d) You will not solicit login information or access an account belonging to someone else.

e) You will not use the Service and the Venio App to submit or link to any content which is defamatory, abusive, hateful, threatening, libelous, spam or spam-like, likely to offend, incites violence contains adult, nudity or objectionable content, is racially, sexually, religiously, or otherwise objectionable or offensive, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.

f) You will not use the Service and the Venio App to post, submit or link to any content containing the personal information of others without their appropriate knowledge and/or consent.

g) You will not use the platform to do anything unlawful, misleading, malicious, or discriminatory.

h) You will not do anything that could disable, overburden, or impair the proper working or appearance of the platform, such as a denial of service, attack or interference with page rendering or other platform functionality.

i) You will not facilitate or encourage any violations of this Statement or our policies.

j) You will not post content or take any action on the platform that infringes or violates someone else’s rights or otherwise violates the law. In case of violation of this rule, you shall be solely responsible for any civil or criminal liability incurred for such act(s).

k) You will not use our copyrights or trademarks or any confusingly similar marks, with our prior written permission. l) You will not post anyone’s identification documents or sensitive financial information on the platform.

3. Registration and Account Security

Users of the Service and the Venio App provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

a) You will not provide any false personal information on the platform or create an account for anyone other than yourself without permission.

b) You will not create more than one personal account.

c) If we disable your account, you will not create another one without our permission.

d) You will not use your personal timeline primarily for your own commercial gain.

e) You will keep your contact information accurate and up-to-date.

f) You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

g) You will not transfer your account to anyone.

h) Should you violate any of the above or this terms and conditions, Venio shall have the right exercisable at its discretion to remove your account.

4. Protecting Other People’s Rights

We respect other people’s rights and expect you to do the same. To ensure the safety and security of our users, Venio reserves the right to perform the following through the Service and/or the Venio App:

a) The administrators of the Service and the Venio App may perform regular random audits of posts related to messages, images, videos and/or other content provided by you to check for content which may be in violation of these terms and conditions and/or Venio policies including intellectual property rights.

b) We allow and encourage users to report malicious, abusive or discriminatory content including those in violation of these terms and conditions and/or Venio policies including intellectual property rights through the Service and the Venio App and other reporting tools.

c) The administrators of the Service and the Venio App have the right, based on grounds defined under these terms and conditions, to remove user-provided content in violation thereof and/or Venio policies including intellectual property rights and to disable/terminate user access to the Service, the Platform and the Venio App.

5. Amendments

We reserve the right to change, revise, amend, or modify the terms and conditions of this EULA with or without prior notice you. We may advise you, through your registered contact details, of such changes, revisions, amendments, or modifications. In any case, you are advised to regularly check our website for any announcement of such changes, revisions, amendments, or modifications. Your continued use of the Service, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines except under instances where explicit consent is required under laws and/or regulations.

6. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we have the right to block, suspend, or cancel, your account, or otherwise stop providing all or part of the Service and the Venio App to you. We will notify you of such via your registered email or at the next time you attempt to access your account. We may also delete your account or disable your application at any time.

7. Garnished Account

In the event that Venio receives a court order garnishing your account, Venio is not obliged to notify you of such garnishment, and the fact that it is complying with the garnishment. you hold Venio, its officers and employees, free and harmless from any and all loss, claims, or damages resulting therefrom. However, at its discretion, Venio may notify you of such garnishment.

8. Disputes

a) You will resolve any claim, cause of action or dispute you have with us arising out of or relating to this Statement or the Service and the Venio App exclusively through the Philippine courts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Republic of the Philippines will govern this EULA, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

b) If anyone brings a claim against us related to your actions, content or information on the Service and the Venio App, you will indemnify and hold us free and harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on the Service and the Venio App and are not responsible for the content or information users transmit or share on the Platform. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Service and the Venio App. We are not responsible for the conduct, whether online or offline, of any user of the Platform.

c) WE TRY TO KEEP THE SERVICE AND THE Venio App OPERATIONAL, ERROR-FREE, AND SECURE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE PLATFORM AS-IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE AND THE Venio App WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICE AND THE Venio App WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. VENIO AND THE SERVICE AND THE Venio App IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU AGREE TO INDEMNIFY AND RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, SUBSIDIARIES, AFFILIATES OR AFFILIATED COMPANIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

9. Special Provisions Applicable to Users Outside the Philippines

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with the Service and the Venio App outside the Philippines:

a) You consent to having your personal data transferred to and processed in the Philippines.

b) If you are located in a country embargoed by the Philippines, you will not engage in commercial activities on the Service and the Venio App (such as advertising or payments) or operate a software and/or application therein for such purpose. You will not use the Service and the Venio App if you are prohibited from receiving products, services, or software originating from the Philippines.

10. Internet or Network Service Provider

You understand that any access to the Service and the Venio App will be effected through the relevant internet or network service provider from where such service is accessed, so your access will also be governed by the laws and regulations of that country and any terms and conditions prescribed by the internet or network service provider in separate agreements with you. You shall be responsible for all telephone charges and charges by any internet service provider incurred in connection with the use of the Service and the Venio App. You agree that neither us, nor any of our officers and employees, or any branch, affiliate, or subsidiary of Venio is responsible for any electronic, mechanical, data failure or corruption, computer viruses and bugs, or related problems that may be attributable to the services provided by any relevant internet, network or information service provider.

11. Limitation of Liability

If Venio is found liable for any act or omission for any reason whatsoever, Venio’s liability shall be limited to actual proven damages. We shall not be liable to you for any indirect, special, or consequential loss or damage arising in any way out of the use of the Service and the Venio App. You shall hold Venio free and harmless from any liability for Venio’s reliance on the information and instructions coming from your account.

12. Others

a) This instrument makes up the entire agreement between the parties regarding Venio and supersedes any prior agreements.

b) If any portion of this instrument is found to be unenforceable, the remaining portion will remain in full force and effect.

c) If we fail to enforce any provisions covered in this instrument, it will not be considered a waiver.

d) Any amendment to or waiver of this instrument must be made in writing and signed by us.

e) You will not transfer any of your rights or obligations under this instrument to anyone else without our consent.

f) All of our rights and obligations under this instrument are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

g) Nothing in this instrument shall prevent us or you from complying with applicable law, rules or regulations.

h) This instrument does not confer any third-party beneficiary rights.

i) We reserve all rights not expressly granted to you.

j) You will comply with all applicable laws when using or accessing the Service and the Venio App.

13. Contact Us

If you have any questions, concerns, objections about this instrument, you may contact us directly through the following:

a) For privacy concerns

Raymond del Rosario
Chief Technology Officer
+63 917 588 0522
raymond at venio.com

Venio Application World Corporation
U2807 28/F Cityland Pasong Tamo Tower
2210 Chino Roces Avenue, Makati City, Philippines 1230

b) For any other concerns

Maverick Vincent V. Banzon
Product Manager
+63 917 507 6317
maverick at venio.com

Venio Application World Corporation
U2807 28/F Cityland Pasong Tamo Tower
2210 Chino Roces Avenue, Makati City, Philippines 1230