This Terms of Service page (including any links herein) is binding on the Merchant immediately upon Merchant’s submission of its application to use, connect to, or access the Service, regardless of whether a Merchant Agreement has been or is subsequently signed between the parties. Please read this page carefully before submitting any document or information to Billease.
A. BACKGROUND
1. Billease empowers businesses to offer straight or installment payments (the “Service”) through our proprietary mobile- and web-based application (the “Billease App”). We provide the Service through direct integration with the merchant’s website or mobile application, implementation of Billease QR codes in physical /brick-and-mortar stores, and creation of unique payment links which consumers use to transact with the Merchant.
2. Prior to applying for the Service, Merchant must:
a. Collate and submit the applicable requirements set forth in our Merchant FAQs page on https://docs.billease.ph/registration/how-to-register ;
b. Appoint and give sufficient legal authority to such Merchant Staff and/or Merchant Contractor who liaise with and give instructions to Billease on behalf of Merchant.
c. Obtain the consent of each Merchant Staff and Merchant Contractor who will provide their personal information to Billease in connection with the (i) review, negotiation, execution of the Merchant Agreement or (ii) performance and maintenance of the Service.
B. PARTIES
1. Billease empowers businesses to offer straight or installment payments (the “Service”) through our proprietary mobile- and web-based application (the “Billease App”). We provide the Service to:
a. Merchant through direct integration with the merchant’s website or mobile application, implementation of Billease QR codes in physical /brick-and-mortar stores, and creation of unique payment links which consumers use to transact with the Merchant, and
b. Client through their account on the Billease App.
2. As used in this Terms of Service page (TOS), the words “we”, “us”, “our”, “Company”, or “Billease'' means, as the context implies:
a. First Digital Finance Corporation (doing business under the names of FDFC, Billease, and Balikbayad) (“FDFC”), a legal entity regulated by the Securities and Exchange Commission as a financing company (CoA No. 1101) and by the Bangko Sentral ng Pilipinas as Operator of Payment System (OPSCOR-2021-0007); and/or
b. each of the parent company, subsidiary, or affiliate of FDFC, and its and their respective assignees or successors-in-interest.
3. “Merchant" means a duly-registered legal entity that applies for the privilege to connect to and use the Service. Merchant may be characterized as engaged either in:
a. the sale of goods and services through e-commerce or online platforms; brick-and-mortar shops or physical stores; and/or social commerce or social media marketplaces, or
b. the business of providing payment solutions through a payment gateway, platform, facility, or electronic transfer service.
4. “Client” means –
a. As to Merchant: a person who purchases goods and services from the Merchant, paid for using the Service.
b. As to Billease: a person who applies for and is granted a loan by Billease, the proceeds of which is used to pay for the goods and services of Merchant.
C. SCOPE
1. By using, connecting to, enabling, or offering the Service to your Clients, Merchant agrees to the following binding agreements (each, a “Billease Service Agreement” and collectively, the “Billease Service Agreements”):
a. this Terms of Service page;
b. the applicable requirements set forth in our Merchant FAQs page on https://docs.billease.ph/registration/how-to-register ; and
c. the terms of the specific agreement that Merchant signed access the Service, including any attachments, annexes, amendments, supplements, and extensions thereto (the “Merchant Agreement”).
2. Billease reserves the right to update this TOS any time, with reasonable notice to Merchant. Merchants may send written questions on the changes up to thirty (30) calendar days before they take effect. The Merchant Agreement shall be deemed revised to the extent that the updated TOS may impact Merchant’s access to and use of the Service, without the need to execute a specific written amendment to an existing Merchant Agreement.
3. This TOS is coterminous with the Merchant Agreement. If no Merchant Agreement is signed, this TOS alone shall be effective and binding on the Merchant for as long as Merchant uses the Service.
D. CONDITIONS OF USE
1. Pricing
a. Billease may charge fees for connecting, using, disconnecting, and/or reconnecting from the Service.
b. The specific functionalities of the Service that Merchant are priced according to the Merchant Agreement signed between Merchant and Billease. Billease reserves the right to modify, add, or scale back fees upon reasonable notice. In addition to the fees in the Merchant Agreement, you are responsible for any amounts owed to Merchant due to any disputes or other settlement issues in connection with your use of the Service.
2. Eligible Clients
a. Merchant agrees to use the Service on a nonexclusive basis to sell goods and services on the Merchant’s Platform.
b. Merchant agrees that only registered Billease Clients or those Clients who agreed to and successfully pass full underwriting and Know Your Client (KYC) verification conducted by Billease are eligible to use the Service on the Merchant’s Platform. Clients can avail different installment schemes as set out by the Merchant under the Merchant Schedule.
3. Merchant understands and affirms that the purchase of goods and services is made by its Client, not Billease. Further, Merchant confirms that the obligation to deliver the goods or perform the service that Client ordered is the sole liability of Merchant itself, not Billease. The obligation to pay for such goods and services is ultimately the liability of the Client, and the Service is merely used to process such payment.
4. Once the transaction between Merchant and Client is successful (an “Approved Transaction”), Billease shall create a counterpart loan agreement (the “Loan Agreement”) equivalent to the purchase price of the goods or service, plus Billease’s service fees, interest, and other loan terms.
5. The Merchant may access their transaction data in the Service via API (the “Merchant’s Account”). Merchant agrees that the Merchant’s use of the API, whether directly or through a Merchant Contractor, shall be governed by the following:
a. Merchant has the sole responsibility to ensure the security, integrity, and availability of the hardware, software, communication channels, and systems that it uses to connect to the Service, as well as the authenticity and confidentiality of the data that Merchant may pass to Billease via the API.
b. Billease shall not be liable for any damages, costs, consequences, or losses arising from or in connection with the Merchant’s use of the API or third-party products that access data via the API.
c. Merchant is responsible for the actions of Merchant Staff and/or Merchant Contractor who have access to the Service and Merchant’s Account.
d. Merchant shall maintain the appropriate number and specifications of system hardware and software, updated operations manuals, and such number of Merchant Contractor and/or Merchant Staff with sufficient skill and authority to oversee the provision of the Service.
e. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of the Merchant’s account’s access to the API. Billease, in its sole discretion, will determine abuse or excessive usage of the API. Billease will make a reasonable attempt via email to warn the Merchant prior to suspension.
E. WARRANTIES AND REPRESENTATIONS OF MERCHANT
1. In addition to any prohibitions under relevant laws, regulation, public policy or public interest (collectively, “Applicable Law”), Merchants shall not use the Service in relation to the procurement, offer, barter, exchange, or sale any of the following prohibited goods and services:
a. Products and/or services intended to be used to create or trade illegal drugs and controlled substances or ingredients or paraphernalia for such;
b. Cryptocurrencies, Non-Fungible Tokens (NFTs) or any highly speculative digital assets;
c. Pyramid and multi-level marketing schemes which includes selling of products or services;
d. Escort agencies, sexual services, and/or massage parlors that offer similar services;
e. Refinancing loans, payday loans, unsecured loans, or any line of credit;
f. Counterfeit goods/replicas or those infringing intellectual property (IP) rights;
g. Weapons, ammunition, military arms, explosive devices and/or firearm parts;
h. Products and services that promote hate, violence, discrimination, terrorism, harassment or abuse;
i. Products that circumvent copyright protection or that facilitate the unlicensed use of copyrighted materials and other intellectual property;
j. Gambling activities, licensed or otherwise;
k. Illegal products/services or any service providing peripheral support of illegal activities under Applicable Law;
l. Products, services, or activities that engaged in any form of deceptive marketing practices;
m. Jammers or devices that are designed to block, jam or interfere with personal communication devices that can be used for terrorism or violence and activities to violate Applicable Law.
n. Jewelries and high-value items that can be easily sold and are often associated with scams, fraud, or illicit trade.
2. Merchant warrants and represents to Billease that:
a. the Approved Transaction represents a bona fide sale of goods or services by Merchant to Client;
b. Merchant has delivered or has arranged for delivery of the goods or performance of the services within the applicable time as stated in the Client’s order;
c. the goods and/or services at the time they were delivered to the Client were in good condition and correct quantity and quality, and the Client and/or Merchant can verify such fact to Billease upon request;
d. Merchant does not impose a surcharge on Clients for using the Service.
e. Merchant will not do anything to prevent any amounts owing to Billease in connection with a Client’s Approved Transaction being valid and enforceable against the Client.
3. In relation to the use and access of the Service, the Merchant agrees and undertakes not to:
a. Re-sell, sublicense, assign, transfer or subcontract the use of the Service to third parties.
b. Upload, transmit, or post any information for a third party, including any Client Information not pertaining to the Merchant, on the platform;
c. Allow an unauthorized Merchant Staff or Merchant Contractor to log into or use the Service;
d. Upload, transmit, email or publish any information or material which is harmful, threatening, abusive, libelous, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography or encourages money laundering or gambling;
e. Violate the rights of any person;
f. upload, transmit, email or publish any information or material which is harmful to minors;
g. Upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Service, Billease’s computer systems, or the computer systems of other Client or third party systems;
h. Upload transmit or publish anything which the Merchant does not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party;
i. Use the Service in any manner which is not permitted in this TOS or in the Merchant Agreement, or is otherwise contrary to Applicable Law or morals;
j. Access the Service in an unauthorized manner, including by hacking or using login credentials of any other Clients or using bots;
k. Use the Service for any unauthorized marketing purposes or for sending any unsolicited materials or advertisements;
l. Reverse-engineer, modify, decompile, disassemble or copy the Service or its source code;
m. Insert harmful code or viruses into the Service or Billease App;
n. Allow, through its fault, negligence or omission, a Merchant Contractor or Merchant Staff to do any of the prohibited acts enumerated in this TOS.
o. Use any search mechanisms other than that provided on the Service and will not use any web-crawler or any data harvesting tools to harvest data or information of any sort from the Service.
F. DISPUTES BETWEEN CLIENT AND MERCHANT
1. Merchant alone shall be responsible for the delivery of the purchased goods and the performance of services ordered by the Client. Billease will not be liable for any delay in delivery, damage, defect, or loss of the goods or incomplete or inadequate performance of the services.
2. If Client raises a request for an order exchange, return, refund, or cancellation or otherwise files a complaint against Merchant in respect of the Approved Transaction (a “Dispute”), Merchant must notify Billease through API or other operational measures (such as email or messaging Billease Apps) within 24 hours from receipt of the Client’s Dispute.
3. Merchant shall take the primary responsibility to investigate and decide the Dispute, although Billease may assist Merchant in communicating with the Client. Merchant must subsequently notify Billease no later than three (3) calendar days following resolution of the Dispute through API integration, service level agreement or other operational measures.
4. If the Merchant agrees to resolve a Dispute fully or partially in favor of the Client, Merchant agrees that the Refund amount is creditable to Billease and not to the Client.
5. A Dispute that is still pending sixty (60) days after Merchant notifies Billease thereof shall be automatically resolved in favor of the Client, and Billease shall be entitled to withhold the corresponding amount from Merchant’s next Payout.
6. If a Client refuses to pay back his Billease loan on the basis that goods or service purchased from Merchant have not been delivered or performed in accordance with his order, Merchant must provide Billease proof of delivery, which shall show (a) shipping/delivery carrier name, tracking number, and confirmation of receipt of such goods or (b) other document evidencing Merchant’s full and complete delivery of the services acknowledged by Client. If proof of delivery is not provided to Billease within five (5) calendar days from request, Billease may then cancel, refund, or reverse an Approved Transaction and withhold the corresponding amount from the next Payout.
7. If a Merchant has canceled an order prior to delivery to Client, Merchant must immediately inform Billease through a callback via API integration, service level agreement, and other operational measures. Merchants must also inform the Client of the reason for such cancellation. In case of Dispute, the Merchant agrees that if the Client fails to receive any response from the Merchant with respect to the subject transaction within five (5) business days from cancellation date, Billease has the right to unilaterally debit the corresponding amount from any payout due to Merchant and to return the proper amount back to the Client.
8. Merchants must not take any action that will prevent Clients from exercising their consumer rights as prescribed by consumer protection regulations. Clients who may be dissatisfied with the Merchant’s handling of a Dispute may file a complaint directly with the Department of Trade and Industry (DTI), copy furnished Merchant and Billease.
9. In addition to the scenarios above, Billease shall also have the right to withhold payout to Merchant, in whole or in part, in the following circumstances:
a. The Approved Transaction violates Applicable Law, the Merchant Agreement, or this Terms of Service;
b.The Client acquired cash or cash equivalents instead of goods or services following the transaction; and
c. Merchant accepted any payment directly from Client on the Approved Transaction.
G. MARKETING AND PROMOTIONS
1. Marketing of the Billease Merchant Service must be conducted in compliance with Applicable Laws and as agreed in the Merchant Agreement.
2. Merchant grants Billease a non-exclusive, non-transferable, irrevocable, and royalty-free license to use and reproduce the following for Billease’s sole use up to 1 year from the term of the Merchant Agreement:
a. Merchant’s logo, trademark, service mars, or brand on Billease’s website, social media, and other marketing collaterals, and
b. Merchant’s legal name or trade name in the user flow on the Billease App.
3. Billease grants Merchant, during the term of the Merchant Agreement only, a non-exclusive, non-transferable, revocable and royalty-free license to use and reproduce Billease name, logo, and trademark on Merchant’s Platform.
4.Any content uploaded by the Merchant must conform to the Marketing Collaboration Guidelines of Billease. Billease has the sole and absolute discretion to display and reproduce such content in any manner it deems fit.
H. INTELLECTUAL PROPERTY
1. Billease retains full ownership and all rights over anything developed, created, or commissioned by Billease (the “Intellectual Property” or “IP”) and made available to or accessed by Merchant in relation to the Service, including but not limited to the contents of either the Billease App or the Service, and the logos, brands, designs, schematics, user manuals, schematics, instructions, code, software, processes, documents, and marketing materials with respect to the Service and the Billease App.
2. The Merchant agrees and understands that, save for the limited access to and use of the Service on a non-exclusive and non-transferable basis, there are no other rights being granted to the Merchant over any IP of Billease. Merchants may not use Billease’s IP except as specifically authorized in this Terms of Service.
3. Modifications to the Service
a. Billease has the absolute right and sole discretion at any time to develop, build, maintain, iterate, operate, suspend, revoke, change, add, or delete any aspect (each, a “Modification”) of the Service, in whole or in part, including its scope and any of its inclusions and exclusions, features, or functionalities.
b. You should contact Billease if you do not agree with any of the Modifications introduced to the Service or if you believe that such Modifications violate a specific obligation that Billease has previously contracted with you in the Merchant Agreement. You may initiate the specific dispute resolution and/or termination provisions in the Merchant Agreement for this purpose. Otherwise, please immediately stop using or disconnect from the Service to avoid any unintended consequences that may arise from the Modifications that you do not wish to accept.
4. Merchant grants Billease a non-exclusive, non-transferable, royalty-free, perpetual right to collect, use, and analyze non-personally identifiable data and/or aggregated data from the Approved Transactions to review, improve, and develop product offerings of Billease; to comply with tax, legal, or regulatory reporting obligations required under the laws of any jurisdiction where Billease operates; and to protect the rights or enforce the remedies of Billease against any party under law, tort or contract.
I. CONFIDENTIALITY
1. The receiving party must protect and keep secret any Confidential Information received from or about the disclosing party in connection with this TOS or the Merchant Agreement, to the same extent as its own information of the same nature.
2. In this TOS, “Confidential Information” means business information, commercial terms, technical data, know-how, processes, documents, code, user manuals, technology, software, and other information, whether in electronic or written form, which is not otherwise in the public domain and of which the disclosing party actively undertakes to restrict or control the disclosure to third parties in a manner reasonably intended to maintain its confidentiality.
3. The receiving party must take all reasonable steps to ensure that no Confidential Information is not used, directly or indirectly, in any way that may be detrimental or adverse to the disclosing party.
4. Confidential Information made known to, received, or collected by the receiving party shall be used solely for the following purposes, and none other (each a “Permitted Purpose”):
a. perform either party’s obligations under the Billease Service Agreements, including compliance with any Applicable Law, legal order or regulatory requirements in relation thereto;
b. allow the Merchant to deliver the goods or services purchased by the Client on the Merchant’s Platform and paid through the Service;
c. allow the parties to comply with its obligations, protect its rights, or enforce its remedies under the loan agreement corresponding to the Approved Transaction, and
d. protect and enforce the rights of either party in relation to the Service or use thereof.
5. Outside of the Permitted Purposes, the Receiving Party shall not use, disclose, or process any Confidential Information shared under this Agreement to any party (including any Merchant Staff or Merchant Contractor who do not have a need to know said information) without the prior written consent of the disclosing party.
6. If receiving party is compelled by a court or other authority of competent authority to disclose Confidential Information of disclosing party, receiving party shall (i) give disclosing party prompt written notice of the nature and contents of the order and (ii) cooperate with disclosing party in its attempts to oppose such disclosure.
J. SUSPENSION AND TERMINATION OF THE SERVICE
1. Billease may suspend or terminate Merchant’s access to the Service in whole or in part, temporarily or permanently, if:
a. There is a high delinquency rate and/or high number of suspected fraudulent transactions among merchant’s Clients.
b. Merchant has a substantial number of Client Disputes, whether resolved or unresolved.
c. There are critical technical or operational issues with Merchant’s Platform that may affect the provision of the Service or pose risks to Billease’s network.
d. Merchant is subject to any legal or regulatory proceeding that may, in the sole opinion of Billease, adversely affect Merchant’s ability to continue performing its obligations under this TOS or the Merchant Agreement.
e. Merchant breaches any provision of any Billease Service Agreement and (i) such breach cannot be remedied or (ii) Merchant has failed to remedy such breach within thirty (30) days from written notice issued by Billease.
f. Merchant changes its business and/or its product offerings to a significant degree, such that Billease no longer believes that the partnership is mutually beneficial.
g. Either Merchant or Billease is unable to perform its obligations because of a Force Majeure Event. A “Force Majeure Event” means any event that occurs beyond a Party’s reasonable control and/or which could not have been avoided, including without limitation acts or omissions of government or military authority, acts of God, natural or manmade disasters, diseases and epidemics, labor disturbances, riots, or wars; provided, however, that the Party affected by such Force Majeure Event (i) immediately notified the other Party, (ii) did not contribute to the happening of the Force Majeure Event in any way, and (iii) enacted measures to mitigate the effects of the Force Majeure Event.
h. A change in Applicable Law makes it unlawful for either Party to continue their business relationship under this TOS or the Merchant Agreement.
2. The suspension shall continue until the Merchant proves, to the satisfaction of Billease, that the circumstances enumerated above are no longer extant. In case of a Force Majeure Event that affects Billease, Billease shall restore Merchant’s access to the Service as soon as practicable.
3. Neither Party shall be considered in breach of this TOS to the extent that performance of their respective obligations (excluding payment obligations) is prevented by a Force Majeure Event.
4. Voluntary disconnection from the Service
a. Merchant must inform Billease at least one (1) business day prior to the disconnection if Merchant wishes to disconnect from the Service temporarily, citing the reason for the disconnection and the expected reconnection time.
b. Merchant is solely responsible for informing its Clients that Billease will not be available as a payment option to them due to Merchant’s voluntary actions.
K. GENERAL DISCLAIMERS
1. Billease provides no guarantee for the reliability, authenticity, validity, and accuracy of the content published on the Service and the Billease App. Subject to Applicable Law, Billease hereby disclaims all warranties, whether express or implied, in relation to the Service and Billease App, respectively, and their contents and functionalities, including but not limited to warranties of merchantability or fitness for a particular purpose. Where Applicable Law does not permit the disclaimer of warranties to the extent detailed above, said warranties are hereby disclaimed.
2. Merchant agrees and understands that the contents and services on the Billease App are available on an “as is” basis. Further, Merchant understands and accepts that Billease does not represent in any manner that:
a. the information, data or contents of the Service or the Billease App are accurate, complete, and reliable;
b. the Service or the Billease App will be available at all times and will operate error free or that there will be uninterrupted access and service;
c. the Service or the Billease App is free from viruses, malware, or other harmful code.
3. Without prejudice to the generality of the foregoing, Billease shall not be liable to Merchant for:
a. disruption, defect or breakdown in or failure of the Service, Billease App, or any system, facility, platform or technology used to authorize or record Client transactions;
b. any direction, instruction, notice or request made by Merchant (through Merchant Staff or Merchant Contractor) to Billease and all acts or steps by Billease pursuant thereto, regardless of whether Billease had any information or knowledge that such direction, instruction, notice or request was incorrect, improperly given, or was otherwise irregular in any way;
c. any act or decision of Billease in relation to the Service that is necessitated by change in Applicable Law, regulation or internal directive of Billease management
d. any delay or failure in the transmission of the Payout to Merchant attributable to Merchant’s own fault or negligence or the fault or negligence of any third-party service provider.
4. Billease reserves the right to remove any content posted on the Service and assumes no liability that may arise to the Client or any third party for such conduct.
L. LIMITATION OF LIABILITY
1. Merchant expressly releases Billease and its directors, shareholders, officers, employees, consultants, advisors, and representatives from any cost, demand, damage, tax, expense, fee (including attorneys’ fee and costs of suit), liability or other consequence arising out of or in connection with Merchant’s access to and/or use of the Service, including any improper, incorrect, or non-permissible use thereof.
2. Merchant agrees to indemnify, defend, and hold Billease free and harmless from any cost, demand, damage, tax, expense, fee (including attorneys’ fee and costs of suit), liability or other consequence arising out of or in connection with any course of action taken by any party, including a complaint filed by a Client implicating Billease with Merchant for purchases using the Service, as well as any regulatory investigation or inquiry into the Merchant’s business and operations that may implicate Billease.
3. Notwithstanding the foregoing, any liability incurred by Billease to Merchant that can be equated or converted to a monetary award in favor of Merchant shall not exceed the total amount of fees collected by Billease under the Merchant Agreement, including any extensions or renewals thereof.
M. DISPUTES BETWEEN MERCHANT AND BILLEASE
1. This Terms of Service shall be governed in all respects by Philippine laws.
2. Any dispute, action or controversy arising out of or in connection with this Terms of Service and/or the Merchant Agreement shall be resolved in accordance with the arbitration rules of the Philippine Dispute Resolution Center, Inc. in force at the time of the submission of the dispute. The seat of arbitration shall be Manila, Philippines and the language of arbitration shall be English.
3. The arbitral decision or award shall be final, binding, and immediately executory between the parties.
N. PRIVACY STATEMENT FOR MERCHANTS
1. This Privacy Statement shall apply to Merchant Staff or Merchant Contractor who may share personal data to Billease in connection with any Billease Service Agreement.
2. Merchant agrees to inform and procure the consent of the following persons that they are likewise bound under the Billease Service Agreements by virtue of being tasked, directly or indirectly, in whole or in part, to assist Merchant in connecting to, disconnecting from, consuming or using the Service:
a. The Merchant’s directors, officers, shareholders, authorized representatives, employees, agents, consultants, and advisors, (collectively, “Merchant Staff”)
b. The Merchant’s third-party technology service providers, suppliers, vendors, and contractors (collectively, “Merchant Contractor”)
3. To qualify using the Service, Billease will require certain information about Merchant (collectively, “Merchant Information”) such as, but not limited to:
a. Its business, including your corporate filings, licenses, and permits;
b. The products and services that will be paid using the Service;
c. Sales performance data for each Merchant Platform;
d. List of authorized Merchant Staff, such as listed in the General Information Sheet (GIS) of corporations;
e. Financial statements;
f. Typical Clients and competitors;
g. To the extent necessary to enable connectivity to the Service, details of Merchant’s technology stack;
h. Contact information of Merchant Contractors;
i. Personal information of the (i) Clients who will be using or interacting with the Service as a form of payment for the goods and services that you offer, (ii) Merchant Staff, and/or (iii) Merchant Contractor who are authorized to liaise with Billease.
4. Billease will use the Merchant Information to:
a. Evaluate Merchant’s technical, financial, and operational capacity to use the Service;
b. Provide the Service in accordance with the Merchant Agreement;
c. Review and improve the Service, Billease App, and other offerings of the Company;
d. Carry out obligations to stakeholders and regulators of Billease;
e. Comply with reports and legal processes required under Applicable Law.
5. Billease will not sell or share any of the Merchant Information to Merchant’s competitors. To know more about how we process Client personal information, please visit our Privacy Policy page.
O. PROCESSING PERSONAL INFORMATION
1. Merchant shall collect, process, use, share, store, and delete/archive the personally identifiable information of its Clients (the “Client Data”) strictly in accordance with Applicable Law. It shall act as a separate and independent personal information controller whose purposes and uses for processing Client Data are different from the purposes and uses of Billease.
2. Merchant shall secure Client’s consent before making the Service available to them and sharing their Client Data to Billease for the purpose of recording the Approved Transaction, processing payment thereon, and generating the corresponding Loan Agreement.
3. Merchant agrees that it shall set up and maintain the appropriate organizational, physical, and technical measures to safeguard Client Data. Billease shall not be held liable for any violation of Applicable Laws solely attributable to Merchant, Merchant Contractor, and/or Merchant Staff.
4. Merchant shall cooperate with Billease to address any data protection concerns of Clients, and vice versa. Each party shall make available to the other party all relevant information about a potential, threatened or suspected personal data breach within twenty-four (24) hours from the notifying party’s discovery or knowledge thereof.
5. Merchant and Billease will not share Client Data obtained under this Agreement to any party other than as specifically consented to the Client, permitted under the Billease Service Agreements, or allowed by Applicable Laws.