Welcome to Kredivo’s website and/or Kredivo mobile application (“Platform”). We, Kredivo (Thailand) Co., Ltd and its affiliates and subsidiaries (individually and collectively, referred as “Company“, “We” “Our” “Us” or “Kredivo“), a Personal Loan and Digital Personal Loan licensed company, regulated by Bank of Thailand, provides financial products via Kredivo’s website, its mobile application and/or partners’ application (collectively, referred as the “Services”). Please read the following Terms of Service carefully before using this Platform or registering for an account with us for use of the Service. The following Terms of Service govern your use and access to the Platform (defined below) and the use of Services.
By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Service. These Terms of Service may be modified or changed at any time by the Company by posting the changes on the website and/or application at any time or upon notice as required by local laws and you agree that it shall be your responsibility to ascertain and follow the changes to the Terms of Services by visiting the Terms of Services from time to time. If you do not agree to the Terms of Services, you should not access, view, or use this Platform or Services.
Company does not provide Services to minors under the age of 20 (as determined under Applicable Laws), nor does it intend to provide any of its Services or use of its Platform to minors. We do not knowingly collect any personal data relating to minors. You hereby confirm and warrant that you are above the age of minority, and you can understand and accept the Terms of Service.
1. DEFINITIONS
“Privacy Policy” shall mean the Kredivo Privacy Policy available on the Company’s website and mobile application which are updated from time to time. Your use of the Services and/or access to the Platform is also subject to the Privacy Policy.
“User” or “You” or “Your” shall include any individual who is registered as a User in accordance with these Terms of Service.
“User Information” shall mean any information provided by the User via the Platform, including but not limited to name, date of birth, identity proof, telephone number, email address, physical address, and other similar details.
“Terms of Service” shall mean the terms of service contained herein.
“credit bereau” shall mean National Credit Bereau Company Limited
2.YOUR ACCESS TO OUR PLATFORM AND USE OF OUR SERVICES
2.1 You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
2.2 Subject to your compliance with these Terms of Service, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Privacy Policy, Security Policies, and any other documentation, guidelines, or policies we make available to you. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Platform.
2.3 You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not;
(a) Use our Services in a way that infringes, misappropriates or violates anyone’s rights or for illegal purposes;
(b) Modify, copy, lease, sell or distribute any of our Services;
(c) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(d) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
(e) post, promote or transmit through the Platform or Services any prohibited materials;
(f) use the Services for the benefit of any third party or any manner not permitted by the terms granted herein;
(g) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.5 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.
You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password
2.6 You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purpose of sending informational and promotional e- mails to you. Your agreement to the provisions of this clause shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Thailand or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
2.7 You agree and acknowledge that Kredivo will notify you of the submission of your information to the credit bureau via a short message service (SMS) sent to the mobile phone number you have provided to Kredivo. You may access the notice regarding the initial submission of customer credit information, as well as the notice regarding the annual submission of customer credit information, through the application you use to access Kredivo’s services, including but not limited to the Kredivo application and any e-commerce platform applications where Kredivo provides credit services for product payments.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Any data and information contained or displayed on the Platform. All trademarks, service marks, trade names and logos mentioned in or posted on the Platform (collectively the “Trademarks“) shall include any trademarks, service marks and logos of Kredivo regardless of whether such trademarks, service marks and logos have been registered or not.
No part or parts hereof shall be deemed as a license or a granting of the right to use such Trademarks. The Company hereby reserves all rights it may have in connection with this Platform. The Company does not allow or grant any right to use Trademarks without obtaining prior written consent from the Company. The Platform is protected under copyright and intellectual property laws and shall not be modified, reproduced, copied, downloaded, transmitted (in any form and by any means) or used in whatever manner for commercial purposes without obtaining a prior written consent from the Company.
4. LIABILITY DISCLAIMER
4.1 THE INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY’S PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY RESERVES ITS RIGHT TO MODIFY OR MAKE CHANGES TO THE COMPANY’S PLATFORM AND THE INFORMATION CONTAINED THEREIN WITHOUT PRIOR NOTICE.
4.2 THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPLICITLY OR IMPLICITLY, AS TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACIES OF THE INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN THE COMPANY’S PLATFORM
4.3 FOR ANY PURPOSES. THE COMPANY ACCEPTS NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM YOUR USE OF THE COMPANY’S PLATFORM. IN PARTICULAR, NO WARRANTY IS GIVEN THAT INFORMATION MATERIAL OR DATA IS ACCURATE, COMPLETE AND/OR UP TO DATE.
YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS TO YOUR DATA OR TRANSACTIONS ON THE COMPANY’S PLATFORM.
4.4 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
5.OUR LIMITATION OF LIABILITY
5.1 The aggregate liability of the Company to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Service, your access and use of this Application and its contents and functionalities or for any reason related to the operation of the Application, shall be in conformity with the actual damage successfully proved by you, but in any case not exceed the amount of the fees, interest fees received from you. In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damage, unless and to the extent prohibited by law.
6. INDEMNITY
6.1 You agree to indemnify and hold harmless the Company, its directors, shareholders, officers, employees, affiliates, subsidiaries, other partners and agents from and against any and all claims, losses, damages, actions, proceedings, suits, settlements, penalties, fines, costs, expenses (including, without limitation, any other dispute resolution expenses) arising from (i) your use of the Platform and its contents, (ii) your breach of these Terms of Services or (iii) any acts or omission of yours in relation to the Platform and its use thereof (iv) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein (v) your use or misuse of the Services, or (vi) your breach of any law or any rights of a third party.
7.VIOLATION OF THESE TERMS OF SERVICE
7.1 The Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Platform, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of visitors to or users of the Platform, including Company’s customers. The Company reserves the right at all times to disclose any information that the Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Company may also disclose your information when it determines that applicable laws require or permit such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that the Company may preserve any transmittal or communication by you with the Company through the Platform or any Services offered on or through the Platform, and may also disclose such data if required to do so by law or Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Service, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to the Platform, and the public.
7.2 If you believe a User on our Platform is violating these Terms of Service, please contact support.th@kredivo.com.
8.TERMINATION AND SUSPENSION
8.1 The Company reserves the right, at its sole discretion, to terminate the agreement or your access to the Company’s Platform and the related services at any time without prior notice, if you fail to comply with these Terms of Service or for any reason deemed necessary by the Company. The Company shall not assume any responsibility therefore to its User. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our support team.
You acknowledge this right of the Company and waive any claim that you may have arising from such termination. Notwithstanding the termination of your access, all provisions which by their nature are intended to survive, shall survive termination, and continue to be applicable.
8.2 You are free to stop using our Services at any time.
9. COMPLAINTS
9.1 The Company takes matters related to intellectual property rights and privacy very seriously. Should you have any complaints regarding the Platform, including but not limited to abuse and misuse of the Platform, copyright infringement and the like, or any issues related to data privacy, please report the same to support.th@kredivo.com..
10. CONFIDENTIALITY
10.1 Users shall maintain the confidentiality of the Company’s Confidential Information (meaning any and all information related to customers, products, services, business projects, technologies, know-how, ideas, concepts, etc. of the Company that the Company has expressly indicated as being confidential upon disclosure of the same, regardless of how such information has been disclosed; the same shall apply hereinafter). Except where Confidential Information is required to be disclosed in accordance with relevant laws and/or regulations, Users shall not disclose or divulge the Company’s Confidential Information to any third party without the Company’s prior written consent.
11. GOVERNING LAW
11.1 These Terms of Service are governed by the laws of the Kingdom of Thailand without regard to its conflict of law rules. Any disputes shall be subject to the non-exclusive jurisdiction of the Courts of Thailand. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this agreement or your use of the Company’s Platform.
12. GENERAL TERMS
12.1 Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
12.2 Language: In the event these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Service shall govern and shall take precedence over the Foreign Language Version.
12.3 Entire agreement: These Terms of Service shall constitute the entire agreement between You and Us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.4 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
12.5 Force Majeure: We shall not be liable for non-performance, error, interruption, or delay in the performance of its obligations under these Terms of Service (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
12.6 Waiver: No waiver of any provision of these Terms of Service shall be binding unless executed and notified by the Company in writing to you. No waiver of any of the provisions of these Terms of Service shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims you have against the Company arising from the use of the Platform or any other users’ conduct.
12.7 Severability: If any provision of these Terms of Service is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Service, which shall remain in full force and effect.
12.8 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and the Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
12.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Platform, please reach out to our Customer Service Team.
Updated: 25 March 2024
Reviewed: 9 January 2025