Terms And Conditions
General Terms and Conditions:
Section 1. Introduction
1.1 This document sets out the General Terms and Conditions (“T&C”) applicable to loans or other credit accommodations (each, a “Loan”) that may be obtained from Neuroncredit Financing Company Inc. doing business as Atome (“Atome”) including the products that may be found in its website and App by the undersigned as borrower (the “Borrower”), as set out in the relevant agreement pertaining to such Loan (each, a “Loan Agreement”) between Atome and the Borrower.
Section 2. Covenants
As long as any Loan or any other fees, charges, or amounts owing to Atome under a Loan Agreement remain outstanding and unpaid, Borrower shall:
2.1 promptly perform all of Borrower’s obligations under the Loan Agreement;
2.2 promptly submit and provide to Atome all documents and information, execute and deliver such other instruments and documents, and perform or refrain from performing any such other acts, as may be required by Atome, whether for compliance with government regulations or Atome’s own policies;
2.3 notify Atome of every change in Borrower’s contact details and address immediately after such change;
2.4 hold Atome harmless against any and all claims arising from the use of the proceeds of a Loan.
2.5 comply with Atome charges and interest fees:
1. Microloan 7-14 days: 0.8%/day service fee, 0.90%/day interest on principal balance
2. Paylater Cash Withdrawal: 8% service fee on amount, 0.25% on overdue principal
3. Paylater Merchant Payment: 5% service fee on amount, 0.15% on overdue principal
Section 3. Billing, Payment, and Payment Channels
3.1 Atome by itself or through an authorized billing agent, in accordance with law, will regularly send Borrower a notice, which shall include the details of the monthly loan installment under the Loan Agreement, through communication channels available to Atome which shall include, but is not limited to, telephone, website, e-mail, online customer portal, SMS, social media account, and other technical means such as mobile phone application and push notifications.
3.2 Borrower shall pay the minimum amount due on or before the due date specified in any payment notification, bill or any other notice sent by Atome.
3.3 Borrower’s failure or refusal to pay the minimum amount due and any outstanding charges by due date shall entitle Atome to accelerate the Loan.
3.4 For the avoidance of doubt, Borrower shall be responsible for informing himself/herself of any outstanding balance by indicate method/avenues by which Borrower may check balance.
3.5 Borrower may pay any Installment Amount through any of Atome’s accredited payment channels listed below or at the website of Atome (each, a “Payment Channel”):
DragonPay (from Oct 2018 onwards)
ECPay (from June 2019 onwards)
Atome is not bound to honor payments made to persons or entities or at places or through payment channels not authorized by Atome to receive payments on its behalf.
3.6 Borrower shall bear the risk of any delay or failure in crediting or accepting any payment to or from Atome, arising from any circumstance including without limitation to the closure, nonfunctioning, or
malfunctioning of any Payment Channel. Borrower warrants to verify the list of Payment Channels at the mobile phone application of Atome before making any payment. In case of any discrepancy between the list of Payment Channels indicated above and that indicated in Atome’s website as of the date of the relevant payment, the list on Atome’s website shall prevail.
3.7 Borrower shall be accountable for fees and charges that may be incurred due to wrong payment details made by the Borrower despite sufficient information from Atome which includes but not limited to payment through wrong channels and excess payment.
Section 4. Processing and Use of Information
4.1 Borrower expressly consents to the use and processing by Atome of any information provided by Borrower in relation to or in connection with this T&C or a Loan Agreement, including any information previously provided arising from a prior transaction with Atome; borrower expressly consents Atome to obtain information from his mobile phone his mobile phone contacts, mobile phone history for purposes of administering and enforcing Borrower’s obligations under this T&C or Loan Agreement;
4.4 Borrower hereby consents to and authorizes Atome for the purpose of conducting its credit adjudication, credit billing and collection activities, to obtain pertinent credit information from Borrower’s employer, banks, credit card companies, and other financial institutions in the course of processing Borrower’s application for a Loan, to collect any and all information related thereto, and to process acquired information from all relevant sources such as Mobile Phone, customer service, Social Media, Atome third party contact, Borrower third party contact.
4.5 Borrower hereby authorizes his/her employer, banks, credit card companies, and financial institutions mentioned in the immediately preceding paragraph, to release any and all information required by Atome, such as, but not limited to, information required under Republic Act No. 9160, as amended (Anti-Money Laundering Act of 2001), Republic Act No. 7394 (Consumer Act of the Philippines), Republic Act No. 9510 (Credit Information System Act), and other similar laws and regulations.
4.6 Borrower hereby certifies that any information and document supplied by Borrower, or by any person authorized by Borrower, to Atome in connection with this T&C, any Loan or any Loan Agreement shall, at the time they are provided, be true and correct. The provision of any information or document that is untrue or inaccurate shall entitle Atome to reject the application for a Loan or cancel its approval.
Section 5. Telephone Communications
5.1 In order for Atome to render prompt and accurate service, Borrower authorizes Atome to record any and all telephone conversations between Borrower and Atome, regardless of who initiated the telephone conversation. Such authorization to record includes, but is not limited to, recording of instructions, statements, complaints, inquiries by Borrower, and information regarding a Loan and reminders by Atome.
5.2 Atome may use the recorded telephone conversation as proof of Borrower’s acceptance of any offer or additional or revision of terms made through telephone.
5.3 Atome may also use such recordings for any legal purpose, particularly as evidence in any judicial or administrative hearing or proceeding.
Section 6. Alternative Loan Application Channels
6.1 Atome may offer, and Borrower can apply for and receive approval of, new loans, give or receive information related to a Loan Agreement and the new loans using other service channels. Alternative loan application channels shall include, but is not limited to, telephone, website, e-mail, online customer portal, SMS, social media account, and other technical means such as mobile application, made available by Atome. However, Atome does not guarantee the availability of all convenient service channels or all the functions at all times to Borrower.
6.3 Borrower authorizes Atome or its representatives to (i) contact Borrower and his/her alternate contact(s) through personal means of communications or contact details with Atome (“Registered Contact Details”) at any time as allowed by prevailing applicable laws, (ii) share and use Borrower’s personal data for other various financing offer schemes or promotional schemes which may be offered and provided by Atome and (iii) use Registered Contact Details as a means to obtain any future consent and approval from Borrower for such financing offer schemes or promotional schemes, which may be offered and provided by Atome, or by any third party engaged by Atome.
6.4 Borrower shall inform his/her Registered Contacts regarding his/her loan and that Atome may in the foreseeable future reach out to Borrower Registered Contacts for possible verification, marketing promotions, customer service and collections programs.
6.5 Borrower authorizes that his consent to be provided by his/her Registered Contact Details and such shall be sufficient and legally binding for all future loans and other programs that may be offered by
Atome and may be accepted by Borrower.
Section 7. Collection Practices
7.1 Atome and its agents may resort to any and all reasonable and legally permissible means to collect amounts due it under the relevant Loan Agreement. In the collection process, Atome and its agents and employees shall observe good faith and reasonable conduct.
7.2 Atome shall ensure that personnel handling the collection of accounts, whether these are in-house collectors, or third-party collection agents, shall disclose his/her full name/true identity to the Borrower.
7.3 Borrower agrees that Atome may engage the services of a collection agency/agent and endorse the collection process arising from or in relation to any aspect or the entire Agreement to such collection agency/agent. Atome shall inform the Borrower five (5) calendars days prior to endorsement by Atome to a collection agency of Borrower’s Loan.
Section 8. Miscellaneous
8.1 No failure, omission or delay on the part of Atome or its agent in exercising any right or power under this T&C or the relevant Loan Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any further exercise thereof or thereof. Acceptance by Atome or its agent of any payment for Atome after its due date or after an Event of Default has occurred or after legal proceedings have been commenced against Borrower shall not constitute an extension of time for payment or a modification or novation of the terms of this Loan Agreement or in any way prejudice Atome. Entries in Atome’s Accounts
8.2 In any dispute arising out of or in connection with this T&C or the relevant Loan Agreement, the entries made in the accounts maintained by, and the records of, Atome are prima facie evidence of the matters to which they relate, absent any manifest error.
8.3 If any provision of this T&C or the relevant Loan Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law, such invalidity, illegality, or unenforceability shall not affect any other provision of this T&C or the relevant Loan Agreement, but this T&C or such Loan Agreement, as the case may be, shall be reformed, construed, and enforced to the fullest extent possible as if such invalid, illegal, or unenforceable provision had never been included. Venue of Dispute
8.4 Any dispute arising from this T&C or the relevant Loan Agreement shall be brought exclusively in the courts having jurisdiction over the principal place of business of Atome.
8.5 All notices, demands or other communications required or permitted to be given or made by Atome to Borrower hereunder shall be made in accordance with the Section 3, Section 5, Section 6 and Section 7 of this T&C, as the case may be.
8.6 This T&C and the relevant Loan Agreement shall be governed by the laws of the Republic of the Philippines.
Borrower confirms having read and understood and agrees to the entire T&C constituting of above clauses. The T&C, the relevant Loan Agreement, and the other documents have been (or, in the case of future Loan Agreements, will be) explained to Customer in the language understood by Customer. Borrower is aware that Atome has agreed to grant a loan to the Borrower only after Borrower has agreed to abide by the terms of the Loan Agreement and this T&C. This T&C is available in Atome’s website and mobile phone application. Atome may at any time and for whatever reason it may deem proper, amend, revise or modify these Terms and Conditions without further notice. It is the Borrower’s responsibility to regularly check any changes to these Terms and Conditions at www.atome.ph. The Borrower’s continued use of the Atome service after any such changes constitutes acceptance of the new Terms and Conditions.