Welcome to GGives.

These terms and conditions for GGives (“Terms”) serve as a contract between you (“Borrower”) and Fuse Lending, Inc. (“Fuse”) with respect to the GGives loan(s) you have availed yourself of through the GCash application (“GCash App”). The term “Loan” as used in these Terms refers to the GGives loan amount granted by Fuse to Borrower. By using the GGives feature on the GCash App and/or when you have availed yourself of a Loan, you confirm that you have fully read, understood, accepted, and agree to be bound by these Terms and the conditions of the applicable Disclosure Statement (collectively and for brevity, “Agreement”) as defined below.

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Please also read the Privacy Notice of Fuse before using any or a portion of the GGives feature and/or availing yourself of a Loan. The Privacy Notice describes the purpose and manner of collection, processing, and sharing of your personal data when using the GGives feature. If you do not understand or do not wish to be bound by these Terms or the Privacy Notice, you can choose not to access or use any of the GGives features.

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1. APPLICATION AND VERIFICATION PROCESS

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1.1 You undertake to complete the GGives application form. You certify that the information you have provided in the GGives application form are true and correct as of the date of application.

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1.2 You agree that in the event of any misinformation, misrepresentation, or failure on your part to disclose information required in the GGives application may cause Fuse to: (i) reject your GGives application; (ii) cancel its approval if already made; and/or (iii) demand full payment of the Loan if already received, including the applicable interests and charges. Any processing fee shall not be refunded.

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1.3 You authorize Fuse to verify the accuracy and completeness of the information you have provided. This includes verification with:

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a) Fuse Group, which includes Fuse, its parent company, subsidiaries, and affiliates, including, but not limited to, Globe Telecom, Inc., Globe Fintech Innovations, Inc., and G-Xchange, Inc.;

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b) Fuse’s business partners, service providers, and other third-party partners contracted by it for the purpose of conducting its business operations such as, but not limited to, credit scoring partners, third-party financing partners, partner-collection agencies, and their respective officers, employees, agents, and representatives; and

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c) Authorized Entities, which include (i) Bureau of Internal Revenue; (ii) any credit information bureau, banking, or credit industry association, credit information service provider, and credit/loan provider, including the Credit Information Corporation (“CIC”), Bankers Association of the Philippines, TransUnion Information Solutions Philippines, and Trusting Social Philippines, Inc.; and (iii) other lenders as authorized by the CIC, and credit reporting agencies duly accredited by the CIC.

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1.4 For purposes of Republic Act No. 9510 or the Credit Information System Act and its implementing rules and regulations, the submission of your GGives application serves as notice and authorization to Fuse that your credit data, as defined under such law and regulations, shall be disclosed to the extent reasonably necessary for Fuse Group to carry out its operations and discharge its functions and responsibilities for as long as you have an outstanding Loan and obligations with Fuse, or as necessary and required under existing laws, rules, and regulations.

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1.5 You consent and agree that Fuse Group may send short messaging services (SMS), mobile and/or email alerts/messages to you to confirm your GGives application, to verify other information in connection with such application, or for other purposes in connection thereto. Fuse has the right and sole discretion to: (a) reject your GGives application, (b) cancel any approval if already made, and/or (c) declare the Loan due and demandable in case the Loan has already been released, should you fail to reply to messages that require your confirmation within the prescribed period specified in the message. In such cases, any processing fee paid by you shall not be refunded by Fuse.

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1.6 Fuse reserves the right to reject or approve your GGives application in its sole discretion, based on your repayment capacity as determined by Fuse and the result of Fuse’s verification process, credit investigation, and/or credit scoring.

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1.7 You hereby release and hold Fuse Group, free and harmless and waive any claims, demands, or liabilities of whatever kind or nature in connection with, or arising from, (i) the application and verification process, (ii) disclosure of your information in connection with such application, (iii) processing of your personal data (as defined below), (iv) the Agreement, and (iv) from any acts directly or indirectly related to the foregoing, unless such claims, demands, or liabilities are due to gross fault solely attributable to Fuse Group.

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2. LOAN, FEES, AND CHARGES

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2.1 The Loan and Loan duration will be based on the choice of Borrower out of the options provided by Fuse to Borrower, subject to adjustments based on the result of Fuse’s verification process.

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2.2 Borrower agrees to be bound by, and undertakes to comply with, the terms of the disclosure statement which contains, among others, the following information (“Disclosure Statement”):

a) Personal information of Borrower;

b) Loan duration;

c) Loan;

d) Charges and deductions (e.g. processing fee and applicable taxes);

e) Loan proceeds (i.e., (c) less (d) above);

f) Schedule of payment;

g) Interests;

h) Collateral, if any;

i) Late payment fee;

j) Name of merchant supplying product or service to Borrower (“Merchant”); and

k) Down payment amount.

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2.3 Borrower agrees that the sum payable under the Disclosure Statement and other fees and charges as may be imposed or mandated by the Authorized Entities, government agencies and/or this Agreement in relation to the Loan shall be borne exclusively by Borrower.

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2.4 Borrower further agrees that Fuse may adjust the details in the Disclosure Statement should there be changes mandated by applicable laws, rules, and regulations, or at Fuse’s sole discretion based on its policies. You agree that any adjustment shall be binding upon your receipt of written notice from Fuse specifying these adjustments. In case Borrower disagrees with the adjustment, Borrower has the option to fully pay the Loan, including applicable fees, interests, late payment fee, and other charges, within thirty (30) days from receipt of adjustment notice from Fuse.

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3. LOAN RELEASE

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3.1 The Loan amount shall be released directly to the Merchant’s GCash wallet as full payment of the product(s) or service(s) the Borrower availed or purchased from the Merchant.

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3.2 You hereby acknowledge that the proceeds of the Loan or any part(s) thereof shall be deemed to have been availed and received on the date when the Loan amount is credited to the Merchant’s GCash wallet. If no complaint is received by Fuse within twenty-four (24) hours from the time the Loan amount was credited to the Merchant’s GCash wallet, the transaction and Loan is deemed to be correct and Borrower has fully acknowledged and accepted all the details specified in the Disclosure Statement.

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3.3 Fuse reserves the right to cancel and recall the approved Loan if the Loan cannot be fully disbursed to Merchant’s GCash wallet for whatever reason, such as, but not limited, to the GCash wallet of Merchant has reached the transactional wallet limit, or deactivation of the Merchant’s GCash account. In the event that a portion of the Loan has been successfully disbursed to the GCash wallet of the Merchant, the amount due, interest, and other charges applicable to the portion of the disbursed Loan shall be paid by Borrower in accordance with this Agreement.

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3.4 The Loan shall be used solely for the purchase of goods or services from approved Merchants. The Borrower is expressly prohibited from using any Loan proceeds for cash-out purposes or any other purposes not expressly permitted under this Agreement. If Fuse determines, in its sole discretion, that the Borrower has used or attempted to use any Loan proceeds for cash-out purposes or any other prohibited purposes, it shall constitute an immediate event of default under this Agreement. In such a case, Fuse reserves the right to immediately disable the Borrower's access to the GGives product, as well as any other Fuse products or services offered through the GCash App. Furthermore, upon the occurrence of such an event of default, all outstanding Loan amounts, together with all accrued and unpaid interest and other charges or fees, shall become immediately due and payable without need of demand. Borrower acknowledges and agrees that Fuse's determination of whether Loan proceeds have been used for prohibited purposes shall be final and binding

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4. REPAYMENT

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4.1 Borrower will receive a payment due reminder via GCash channels, including but not limited to in-app messages, before a payment due date.

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4.2 Billing details will also be available on the GCash App which shows the billing period, principal amount, interest, fees, charges, previous balance, and total billed amount.

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4.3 Borrower shall repay the Loan in accordance with the payment schedule set out in the Disclosure Statement. Borrower shall repay the Loan either by (i) via GCash App or (ii) in case such payment is not made on due date, automatic deduction of the amount due from Borrower’s GCash wallet. Nothing in this Agreement shall prohibit Borrower from paying in advance the Loan.

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4.4 Should the total amount paid by Borrower exceed the amount actually due (“Excess Payment”), Fuse shall apply the excess amount to the payment of the next payment installment, if any.

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4.5 Borrower shall receive a confirmation via in-app notification or SMS if payment has been successful.

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4.6 If there are no other amounts due from Borrower, Borrower may request for the return of the Excess Payment by filing a ticket through the GCash App Help Center. Fuse will notify Borrower in writing once the Excess Payment has been credited to Borrower’s GCash wallet.

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4.7 In case Borrower defaults in paying the Loan in accordance with the schedule specified in the Disclosure Statement, Borrower agrees that Fuse may and shall, without need of notice, automatically deduct or set off any overdue amount from Borrower’s GCash wallet balance, as may be available from time to time, until full payment of the Loan. Automatic deduction or set off shall include applicable delay charges. If the Borrower’s GCash wallet balance is insufficient to cover the full overdue amount, Fuse will deduct the maximum available amount from the Borrower’s GCash wallet. The remaining balance will continue to accrue applicable delay charges and interest. Borrower agrees that Fuse shall have the right to initiate subsequent automatic deductions without notice as funds become available in the Borrower’s GCash wallet. Borrower shall remain responsible for the payment of any remaining balance through any means available. Fuse may, at its discretion, initiate additional collection procedures for the outstanding amount as permitted by applicable laws and regulations. Borrower acknowledges that maintaining sufficient funds in the Borrower’s GCash wallet to cover Loan payments is their responsibility. Failure to do so may result in additional fees or other consequences as outlined in this Agreement.

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4.8 Borrower agrees to pay late payment fees on any overdue amount at the rate specified in the Disclosure Statement (“Late Payment Fees”). Late Payment Fees shall be added on each unpaid installment from the due date until fully paid. Any payments will be first applied to pending Late Payment Fees and then subsequently to the Loan amount.

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5. DEFAULT AND IMPLICATIONS

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5.1 Borrower agrees that default occurs in case (“Default”):

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a) any amount due and payable as specified in the Disclosure Statement is not paid on the due date;

b) bankruptcy, insolvency, receivership, levy on execution, garnishment or attachment, or in case of any litigation or proceedings similar to the foregoing cases are initiated by or against Borrower affecting Borrower’s repayment capacity or financial stability;

c) any information provided by Borrower to Fuse is found to be spurious, fraudulent, misrepresented, inadequate, incomplete, or incorrect in any material detail;

d) failure on the part of Borrower to comply with any of his/her obligations under this Agreement; or

e) there occurs an event which, in the opinion of Fuse, affects the ability of Borrower to perform his/her obligations under this Agreement.

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5.2 In the event of Default, the outstanding Loan amount and all applicable fees and charges shall immediately become due and demandable without need of prior demand, and without prejudice to other rights and remedies available to Fuse under the Agreement and applicable laws.

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5.3 In the event of Default, Borrower acknowledges and consents that Fuse may:

a) report such Default to Fuse Group and Authorized Entities and Borrower’s name will be included in the negative listings of Fuse Group and Authorized Entities; and/or

b) appoint or designate a representative, agent or attorney-in–fact, including third-party collection agency(ies), to perform any and all acts which may be required or necessary to enforce its rights under the Agreement in connection with such Default. Fuse will notify Borrower in advance in the event that Fuse shall refer Borrower’s GGives account to a collection agency.

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6. REFUNDS AND LOAN CANCELLATION

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6.1 Claims for Loan Cancellation. A Loan cancellation request will only be approved if all of the following conditions are met:

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a) The Merchant approves the return of the item or cancellation of the service. The Merchant’s applicable Terms and Conditions for return of items or cancellation of service, including those involving warranty claims, shall apply to Loan cancellation requests of Borrower (“Loan Cancellation Terms”). The Merchant shall solely decide if the transaction of Borrower may be cancelled. Fuse shall not be involved in any way in relation to Merchant approval and/or denial of Borrower requests for return of items or cancellation of service. Merchant and Borrower are encouraged to communicate with each other privately to resolve their differences or approach their relevant local authorities to assist them in resolving any dispute or conflict which may arise during the course of a Loan cancellation request.

b) Merchant gives Fuse written notice that: (i) Merchant approved the Loan cancellation request, and (ii) relevant details of the transaction, including but not limited to Borrower’s complete name, GCash wallet number, amount of Loan, date and reference number of the transaction.

c) It has been thirty (30) days or less since the date the Loan is credited to the Merchant’s GCash wallet;

d) Borrower has not incurred any late payment fees or penalties for the Loan concerned, and there is no event of Default.

e) One hundred percent (100%) of the transaction amount for the product/service cost has been canceled. The Merchant approved Loan cancellation should be for the full transaction amount for the purchase of the product or service and not a partial refund or return.

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A Loan cancellation request shall be subject to the submission by Borrower of documents and information in support of his/her claim for Loan cancellation, including but not limited to (i) proof of transaction, and (ii) that Merchant has acknowledged and approved the Loan cancellation of the full transaction amount for purchase of the product or service.

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If a Loan cancellation request has been approved by Fuse, Fuse shall cancel the Loan and return to Borrower any early payments, processing fees, and down payment deducted from Borrower’s GCash wallet prior to the request date of the Loan cancellation. Any penalties or late payment fees incurred by Borrower on the Loan after the request date of the Loan cancellation shall be waived.

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6.2 Claims for Refund. If a claim for transaction refund was made beyond thirty (30) days from the date the Loan is credited to the Merchant’s GCash wallet and/or the claim for refund refers only to a portion of the total transaction amount, then the Loan shall not be cancelled and any refunded amount approved by the Merchant shall be applied towards repayment to the Loan. Borrower shall continue to follow the payment schedule stated in the Disclosure Statement and complete the remaining payments. If Borrower pays the remaining balance in full and closes the Loan at least one (1) month prior to the last installment’s due date based on the payment schedule, Borrower is eligible for an interest cashback which will be credited directly to his/her GCash wallet in accordance with Fuse’s policies and procedures. Should the total Merchant approved refund amount exceed the remaining balance of the Loan (“Excess Payment”), Fuse shall credit the Excess Payment to Borrower’s GCash wallet. Fuse reserves its right to request from Borrower additional information or documents to validate the claim for refund. Merchant’s refund terms and this Agreement shall apply to claims for refund, and Fuse reserves the right to refuse any claim for Loan refund, if the foregoing requirements are not complied with.

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7. PROCESSING OF PERSONAL DATA

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7.1 Borrower understands, authorizes, and permits the Fuse Group and the Authorized Entities to collect, process, use, store, record, organize, and update, his/her personal data necessary or incidental to Borrower’s GGives application and/or the Loan. Borrower’s personal data, which categories are enumerated below, will be collected and processed for the purposes of compliance with Know-Your-Customer (KYC) and anti-money laundering rules, credit investigation, credit scoring, debt collection, fraud investigation, product and systems development, data analytics, profiling, sales and marketing activities and communications relating to Fuse Group’s products and/or services, and the continuous enhancement of customer experience in the GCash App:

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a) Personal profile, such as name, age, birthdate, birth place, nationality, physical address, e-mail address, telephone number, marital status, and sex;

b) Credit information;
c) Credit score;
d) Data usage records;
e) Promo subscription and redemption records;
f) Voice calling data records;
g) SMS sending and receiving records;
h) Customer relationship management records (e.g., correspondences and photos);
i) Pre-paid load balance, top up, and usage records;
j) Value-added service records;
k) Postpaid billing and collection records;
l) GCash balance and transactional records;
m) Borrower status;
n) Monthly purchase data;
o) Payment and collection records; and
p) Other relevant information that may be deemed necessary.

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7.2 Borrower further authorizes and gives his/her consent to Fuse Group to share any and all of his/her personal data enumerated in the foregoing paragraph to its contracted third parties to perform any of the above purposes.

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7.3 Borrower agrees that his/her personal data may be further disclosed by Fuse Group in compliance with the lawful orders of governmental agencies, and existing laws, rules, and regulations, or to the extent that is necessary or incidental to Fuse’s business operations, plans, and its legal and contractual obligations.

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7.4 Borrower authorizes Fuse Group to retain all personal data and documents s/he has submitted and use such personal data and documents for Fuse Group’s legitimate business purposes such as: (i) processing of any application or request, collection of repayments, and account closure in connection with any other product and/or service offered by Fuse Group (ii) to improve Fuse Group’s existing products and services, and (iii) advertising and promoting new products and services.

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7.5 Borrower acknowledges that Fuse is committed to continuously providing and improving its products and services, and pursuing its business plans. To achieve these, and to be able to perform its legal and contractual obligations, Borrower agrees and permits  Fuse to utilize, as well as       disclose and make available to Fuse Group on a confidential basis, any personal data that      Borrower has provided to Fuse and may hereafter provide, and other personal data Fuse may have directly or indirectly gathered and may hereafter gather through its own verification and validation and/or through other methods and means.

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7.6 Fuse may require Borrower to update his/her personal data, as the need arises. Personal data that may be updated includes current and permanent addresses, mobile number, landline number, and email address. All communication pertaining to the Loan shall be sent to the most updated contact details provided by Borrower to Fuse.

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To know more about how we collect, process, share, and protect your personal data when using any GGives feature and/or when you have availed yourself of a Loan, please read the Privacy Notice of Fuse.

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8. CUSTOMER PROTECT PROGRAM

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8.1 All transactions regarding the GGives account of Borrower made inside the GCash App, including loan application, availment, and repayment are covered by GCash’s Customer Protect Program. The Customer Protect Program will apply to unauthorized transactions originating from the GCash App.

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8.2 Unauthorized transactions must be reported no later than fifteen (15) days from the date of the transaction in question. GCash and Fuse reserve the right to decline cases that have been reported beyond the fifteen (15)-day period.

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8.3 For stolen phones registered to Borrower’s GCash Wallet, and used in connection with a Loan, Borrower must have reported the same, and requested to block his/her GCash and GGives account within twenty-four (24) hours from loss. GCash and Fuse shall process the suspension of the GCash or GGives Account only upon proper authentication of the loss. For avoidance of doubt, all transactions made prior to the report of loss and authentication of the same shall continue to be the liability of Borrower.

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8.4 Transactions resulting from the disclosure of Borrower’s Mobile Personal Identification Number (“MPIN”), One Time Password (“OTP”), and/or other information needed to access his/her account, whether through fault, inadvertence, and/or negligence, are considered authorized transactions, which are not covered by the Customer Protect Program.

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8.5 In cases wherein Borrower’s account is compromised due to Borrower’s disclosure of MPIN and/or OTP, whether through fault, inadvertence, and/or negligence, Borrower assumes full accountability for his loan accounts inside the GCash App. This includes loan application, availment, and repayment.

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8.6 If a loan product was availed while the account is compromised due to Borrower’s disclosure of MPIN and/or OTP, whether through fault, inadvertence, and/or negligence, Borrower will not be compensated by GCash and Fuse. All dues, including interests, penalties, and fees relating to such loan product shall be paid by the Borrower accordingly.

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8.7 GCash’s Customer Protect terms and conditions are also available for viewing on the webpage of GCash (https://www.gcash.com/customer-protect-terms-and-conditions) These Terms may be modified from time to time without prior notice to you. Thus, you undertake to periodically visit and review these Terms for updates and changes, and agree to be bound by its subsequent updates, revisions, or modifications which shall be effective on the date of posting on GCash and/or Fuse website.

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9. COMPLAINTS

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Concerns, complaints, inquiries, or requests may be raised through the following channels:

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9.1 GCash Customer Contact Centers

a) Hotline: 2882

b) E-mail: Support@GCash.com

‍c) GCash Help Center in the GCash website or mobile app

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9.2 BSP Financial Consumer Protection Department

a) Hotline: (02) 8708-7087

b) Email: consumeraffairs@bsp.gov.ph

‍c) Mailing Address: The Consumer Empowerment Group, Center for Learning and Inclusion Advocacy, Bangko Sentral ng Pilipinas, 5th Floor Multi-Storey Bldg., BSP Complex, Mabini Street Malate, 1004 Manila

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9.3 Fuse Lending, Inc. is regulated by the Securities and Exchange Commission (SEC)

a) Hotline: 8818-5990
b) Email: cgfd_flcd@sec.gov.ph
c) Mailing Address: Financing and Lending Companies Division, SEC Headquarters, 7907 Makati Avenue, Bel-Air, Makati City 1209

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10. MISCELLANEOUS

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10.1 In order to avail of the statutory cooling-off period without penalty, you must not have received and/or consumed the goods/services subject of the Loan, or successfully returned the same, and notified Fuse within three (3) business days from the approval of the Loan by expressing full details of the concern and raising a ticket in the GCash Help Center found in the GCash App or website     . Fuse reserves the right to request for additional documentation and/or requirements.

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10.2 If Fuse engages the services of counsel or a third-party service provider(s) to enforce any of its rights and remedies under the Agreement, Fuse shall be entitled to recover attorneys’ fees, service provider’s fees, and to the extent permitted by law, fines and penalties, if any, from Borrower.

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10.3 This Agreement shall be binding upon, and inure to the benefit of, Borrower, Fuse, and their respective successors and assigns.

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10.4 You agree and consent that Fuse shall have the unrestricted right to sell, transfer, or assign, at any time or from time to time, to the extent allowed by applicable laws, any or all of its rights or obligations under the Agreement, to any member of the Fuse Group, or any person or entity, upon written notice to you. You agree to be bound by and perform all your obligations under the Agreement to the transferee or assignee, including the payment of installments and applicable fees.

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10.5 In case any provision of this Agreement is declared invalid, the other provisions shall remain valid and effective to the extent permitted by applicable laws.

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10.6 The Agreement shall be governed by the laws of the Republic of the Philippines.

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10.7 Any dispute arising from the Agreement shall be brought before the proper courts of Taguig City, to the exclusion of all other courts.

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10.8 Borrower shall maintain an active GCash account while he/she has an active loan account with Fuse. Fuse reserves the right to transfer Borrower’s loan account to any other GCash account registered to Borrower, now or in the future, even if such account is linked to another mobile number.

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10.9 This Agreement shall be effective from the date Borrower submits a GGives application.

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10.10 You authorize and give consent to Fuse Group to offer you other products and services, whether related to GGives or otherwise, through mail, email, SMS, by telephone, or by any other means of communications, including the use of social media.

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10.11 These Terms are also available for viewing on the webpage of GCash and Fuse (www.new.gcash.com/terms-and-conditions/ggives). These Terms may be modified from time to time without prior notice to you. Thus, you undertake to periodically visit and review these Terms for updates and changes, and agree to be bound by its subsequent updates, revisions, or modifications which shall be effective on the date of posting on GCash and/or Fuse website.

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