TERMS AND CONDITIONS OF USE
(Last updated May 27, 2020)
PLEASE READ THESE TERMS AND CONDITIONS OF USE FOR KIWI FINANCIAL ONLINE SERVICES CAREFULLY.
2. Authorized Use of the Website and Mobile App
Our Online Platforms are offered and available to users who are twenty one (21) years of age or older and reside in the Commonwealth of Puerto Rico or the United States of America and any of its territories or possessions, whether by visa or otherwise. By using our Online Platforms, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Online Platforms.
4. Changes to the Online Platforms
We may update the content on our Online Platforms from time to time, but their content is not necessarily complete or up-to-date. Be aware that some of the material on our Online Platforms may be out of date at any given time.
5. Access and Account Security
We reserve the right to withdraw, amend and/or make any changes to the Website and Mobile App, and any product, service or material we provide in them, in our sole discretion and without notice. We will not be liable if for any reason all or any part our Online Platforms are unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entirety of our Online Platforms to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to our Online Platforms.
Safekeeping and securing your information to access our Online Platforms.
If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and must not disclose it to any other person or entity. You also acknowledge that the account is personal to you and agree not to provide any other person with access to the Website, Mobile App, or any portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
6. Prohibited Uses
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Online Platforms, or which, as determined by us, may harm the Company or users of the Online Platforms, or expose them to liability.
Additionally, you agree not to:
Use our Online Platforms in any manner that could disable, overburden, damage, or impair them or interfere with any other party's use, including their ability to engage in real-time activities.
Use any robot, spider, or other automatic devices, process, or means to access our Online Platforms for any purpose, including monitoring or copying any of the material on them.
Use any device, software, or routine that interferes with the proper working of the Online Platforms.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Online Platforms, the server on which our Online Platforms are stored, or any server, computer, or database connected to them.
Attack the Online Platforms via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise, attempt to interfere with the proper working of our Online Platforms.
8. Reliance on Information Posted
The information presented on or through our Online Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Information About You and Your Visits to the Website
10. Links from the Website
If our Online Platforms contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Third-Party Account Information
By using any applicable online banking or account linking service or any similar applicable service throughout our Online Platforms, you authorize the Company and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint the Company and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting the Company and its agents to process your request and use information submitted by you to accomplish the foregoing.
12. Third-Party Partners
With respect to transfers to and from your demand deposit (“checking”) or savings account, we do not save or gain access to any of your financial institutions’ credentials but use Plaid to access account information and generate transactions. After creating an account with our Online Platforms, and once credentials are secured, any communications with your financial institution related to your checking or savings account will be made through Plaid, pursuant to which the Company receives an encrypted token that allows the Company to access to your financial accounts and perform all necessary activities related to our products and services through Plaid.
13. General Terms Applicable to Small Personal Loans
Repayment terms go from 4 months to 12 months. There are no origination and annual fees. There is no down payment required and there is no prepayment penalty. Loans start from $50 up to $500. The loan amount and rate will be subject to credit approval. Final approval and credit decision timing may vary if additional documents are requested as part of the verification process. The approval process may take longer if additional documents are requested as part of the verification process. Funds are generally deposited via Automated Clearing House (“ACH”) service for delivery next business day if verification is completed and final approval occurs by 3:00 pm Atlantic Standard Time Monday-Friday. Business days are from Monday through Friday, excluding federal and local holidays. Funds can also be deposited via push payments to a debit card for instant transfer, with settlement 24 hours a day, 7 days a week, regardless of any federal or local holidays. Instant transfers could be subject to delays or be declined subject to the Company’s discretion, including, for instance, if the Company encounters any issues or problems with the corresponding debit card. Instant transfers may only be available to customers with debit cards issued by banks that participate in instant transfer services.
14. Online Products and Services
15. Disclaimer of Warranties
The Company does not promise that the Website or any content, service or feature of the Online Platforms will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Online Platforms will provide specific results. The Company does not warrant the accuracy, completeness, quality, adequacy or content of any information or tool on the Online Platforms or any other webpage or website linked or referenced on them, nor do we make any representation or warranty as to the results that may be obtained from the use of the Online Platforms or any other webpage or website linked or referenced on them.
We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE ONLINE PLATFORMS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE ONLINE PLATFORMS, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ONLINE PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ONLINE PLATFORMS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR ONLINE PLATFORMS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
16. Limitation of Liability
YOU AGREE THAT THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE ONLINE PLATFORMS OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORESEEABLE.
17. Disclosures and consent
acknowledge that you can access and read the information we post on our Online Platforms,
agree to provide an email address that is active and effective for receiving emails from us,
consent to receive electronically through our Online Platforms and email the notices and disclosures required by law related to your account, your application for a loan, and any loan we make to you, and
you acknowledge receiving the following disclosures.
A. Consent for Electronic Signatures, Records and Disclosures (“E-Sign Consent”)
Communications to Be Provided in Electronic Form
Please be aware that your consent to the electronic delivery of disclosures and electronic signatures will be required at the time you create your account on our Online Platforms. The following disclosures are required by the federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and the Puerto Rico Electronic Transactions Act (“PRETA”). If you are unable or unwilling to provide such consent, please do not enroll for an account. Once you have activated your account, you may withdraw your consent for E-Sign and request paper communications and/or disclosures as noted below. We suggest you read this document and print a copy for your reference.
Scope of Communications to Be Provided in Electronic Form
This Electronic Communication Disclosure (“E-Sign Consent”) applies to any and all communications and/or disclosures that we are legally required to provide to you in writing in connection with your account and any related products and services we provide (“Communications”). Therefore, you provide your consent and agree to:
That any and all Communication that we may send or provide to you (even Communications that we may otherwise be required to send or provide you in paper form), including all legal and regulatory disclosures and communications associated to your account, your application for any of the Company’s product or service, and any related responses to claims, notices, products, and services shall be in the form of electronic communications;
Each electronic communication will be considered to be received by you at the time that we first attempt to send it to you, or if posted on our Online Platforms, within 24 hours after the time that it is posted; and
To save and/or electronically store a copy of all electronic communications that we send to you.
Method of Providing Communications to You in Electronic Form
All Communications that we provide to you in electronic form will be provided either (1) via email, (2) by making it available online and accessible via your account “dashboard,” or (3) by requesting you download a PDF file containing the Communication.
How to Withdraw Consent
You may withdraw your consent to receive electronic communications by contacting us at any time. If you withdraw your consent, then, except as may be expressly provided otherwise in the terms and conditions of use of our Online Platforms and your loan agreement, (a) we will terminate your access to, and your ability to use our Online Platforms, and (b) we will close any account that you may have with us and will return to you any balance that you may have therein and we will send subsequent required communications and disclosures to you in writing to the most current address we have on file.
We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
How to Update Your Records
It is your responsibility to provide us with a true, accurate, and complete email address, contact, and other information related to your account, and to maintain and update promptly any changes in this information. You can update information (such as your email address) through your account dashboard by logging on using your username and password.
Hardware and Software Requirements
To access, view, and retain electronic Communications that we make available to you, you must have a personal computer or other devices which is capable of accessing the Internet and an Internet connection, an Internet web browser which is capable of supporting 128-bit SSL encrypted communications (this ensures that the information sent between us and you is transmitted and stored safely) and sufficient electronic storage capacity on your computer’s hard drive or other data storage unit, and the ability to download and store files, including PDF files.
Requesting Paper Copies
We will mail the paper copy to your mailing address that we have on file.
We will not send you a paper copy of any Communication unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by emailing your request to email@example.com.
We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
Use of Electronic Signatures
“Electronic Signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures, that is used to indicate your consent and/or agreement by electronic means. An electronic signature may include, but is not limited to, clicking a button or checking a box on or taking any other action to indicate your consent and/or agreement on or in our Online Platforms.
You also acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act and that you and we both intend that the Act applies to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Please feel free to request information or ask questions by contacting us at firstname.lastname@example.org.
B. Authorization to Debit Account for Loan Repayment
As an online lender, the Company will electronically transfer funds and make payments on your loans from and to your account at a financial institution via the ACH or via push payments to a debit card for instant transfer. For transfers to and from your financial institution, we will request the financial institution’s routing number, your account number, and the account type (either saving or checking) of your financial institution.
Transfers to your account using ACH are free of charge and might take up to three business days to complete. As an alternative, you can choose to have an instant electronic transfer, in which you will receive the funds instantly on your debit card, with settlement 24 hours a day, 7 days a week, regardless of any federal or local holidays. However, this option could be subject to delays or be declined if we encounter any issues with the debit card. Instant transfers may only be available to customers with debit cards issued by banks that participate in instant transfer services.
When using Direct Debit, you authorize Kiwi to electronically debit your checking, savings, or debit account through ACH or push payments to make loan payments in connection with the loan agreement established between you and the Company. By creating your account and apply to our loans, you certify that you are the authorized user of the financial institution checking or savings account you provide as part of the application process and that you will not dispute these scheduled transactions with your financial institution. The Company will debit from your checking or savings account, so long as the transaction corresponds to the terms established in the loan agreement.
The Company will only disclose information to third parties about your account or the transfers you make:
Where it is necessary for completing transfers, or
To verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
To comply with government agency or court orders, or
If you give us your written permission.
Right to Cancel – If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Therefore, you understand that this authorization will remain in full force and in effect until you notify the Company by writing us at email@example.com to revoke this authorization. The request must be done 3 business days or more before the payment is scheduled to be made or it will be applied to your next billing cycle. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
If you do not wish to make payments via Pre-Authorized ACH Repayment or Push Payments (“Direct Debit”) you can contact firstname.lastname@example.org to establish manual repayments. Your loan is not conditioned on the Direct Debit authorization.
You have a right to dispute errors in your transaction. If you think there is an error, contact us within 180 days at email@example.com. You can also contact us for a written explanation of your rights.
C. Credit Report Authorization & Reporting
As part of your application for a product or service with Kiwi Financial, LLC, we request your authorization to pull your credit report. You understand that by applying for a product or service and clicking on the appropriate disclosure, you are providing "written instructions" to Kiwi Financial, LLC under the Fair Credit Reporting Act authorizing to obtain information from your personal credit profile or other information from one or more consumer reporting agencies. You further certify that the information provided on your application for our products and services is true and correct.
Therefore, and pursuant to the federal Fair Credit Reporting Act, you authorize the Company and its designated agents and representatives to obtain a Consumer Credit Report on you from one or more of the major credit bureaus. You also represent and warrant to us that you understand that the scope of the consumer report/investigative consumer report may include, but is not limited to, the following areas: verification of Social Security number; current and previous residences; employment history, including all personnel files; education; references; credit history and reports; criminal history, including records from any criminal justice agency in any or all federal, state or county jurisdictions; birth records; motor vehicle records, including traffic citations and registration; and any other public records.
You understand that pursuant to the federal Fair Credit Reporting Act if any adverse action is to be taken based upon the consumer report, a copy of the report and a summary of the consumer's rights will be provided to you. You further acknowledge that the Company may report credit data on your loan(s) to one or more credit reporting agencies. The Company agrees that any information furnished will be accurate. You understand that, if you are applying for a loan with multiple payments, the credit pull and data reporting on your loan may affect your credit score with Experian, Equifax, or Transunion.
18. Intellectual Property Rights
Our Online Platforms and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by the United States of America and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
Desktop, mobile, or other applications for download, may be downloaded as a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
Modify copies of any materials from our Online Platforms.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Online Platforms.
19. Dwolla Disclosure
The Company name, the term Kiwi, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
21. Protection of Online Children's Privacy
Our Online Platforms are not for the use of children under thirteen (13) years of age and does not promote that these minors provide their personal information. Therefore, our policy is that We do not intentionally collect information from children under thirteen (13) years of age. If We are aware that We have collected such information, We will comply with the requirements of the Children's Online Privacy Protection Act (COPPA), including the removal of such information from our systems.
22. Geographic Restrictions
23. Governing Law and Jurisdiction
24. Waiver and Severability
25. Entire Agreement
Your Comments and Concerns
This website is operated by Kiwi Financial, LLC, located at 273 Ave. Ponce de León Plaza 273 Bldg. Suite 707 San Juan, PR 00917-1934.
All notices of copyright infringement claims and all other feedback, comments, requests for technical support, and other communications relating to our Online Platforms should be directed to firstname.lastname@example.org