General Terms and Conditions As of October 17 2018
General Terms and Conditions As of October 17 2018
1. INTRODUCTION
1.1. This document sets out the general terms and conditions applicable to the Loan Agreement or
Credit Card Agreement, as applicable (hereinafter referred to as “Consumer Agreement”),
extended by Home Credit to the Customer. This is the document referred to in the Consumer
Agreement as General Terms and Conditions. Unless otherwise defined, capitalized terms used
herein shall have the same meaning ascribed to them in the Specific Terms and Conditions
applicable to the Consumer Agreement.
1.2. The provisions of the General Terms and Conditions shall form part of the Consumer Agreement
as far as they are applicable. Provisions of this document shall apply to existing loans or
products being offered and all future loans or products that will be offered by Home Credit,
including, but not limited to POS Loan, Cash Loan, Credit Card, Insurance.
1.3. Terms defined and used in the Consumer Agreement shall have the same meaning when used
in this General Terms and Conditions.
3. COVENANTS
3.1. As long as any Loan Amount or any other fees, charges, or amounts owing under the Consumer
Agreement remain outstanding and unpaid, the Customer shall:
3.1.1. promptly perform all of the Customer’s obligations under the Consumer Agreement,
including but not limited to the payment of amounts due under the Disclosure Statement.
3.1.2. promptly submit and provide to Home Credit all documents and information, execute
and deliver such other instruments and documents, and perform or refrain from
performing any such other acts, as may be required by Home Credit, whether for
compliance with government regulations or Home Credit’s own policies.
4. PAYMENT CHANNELS
4.1. Any and all payments made by the Customer in connection with the Consumer Agreement shall
be made through the designated banks or third parties appointed by Home Credit from time to
time to accept payments from the Customer (Payment Channels). Any changes to the Payment
Channels shall be notified to the Customer through website announcement. Prior to making
each payment, the Customer shall verify the list of Payment Channels on the website of Home
Credit.
4.2. Home Credit shall not be held liable for, and the Customer bears the risk of, any delay or failure
in crediting or accepting any payment to Home Credit, due to any event or circumstance,
including but not limited to, the closure, non-functioning, or malfunctioning of the Payment
Channel.
GENERAL TERMS AND CONDITIONS
7. PAYMENT
7.1. In accordance with the Consumer Agreement, the Customer expressly waives the benefit of
Article 1252 of the Civil Code of the Philippines, Republic Act No. 386, and agrees that any
payment to Home Credit for the purpose of settling any Installment Amount or any other amount
due in relation to the Consumer Agreement shall be applied to the Installment Amount or such
other amount that fell due earlier.
7.2. Payment made by the Customer shall be applied in the following order: first, to the principal;
second, to the interest; third to the fees; and fourth, to the penalties and charges.
7.3. In case the Customer has several loans, Home Credit may apply any excess payment it receives
from the Customer as payment for any outstanding obligation arising from other loans which the
Customer has with Home Credit.
8. EVENTS OF DEFAULT
8.1. Each of the following events constitutes an event of default (Event of Default), irrespective of
the reason for its occurrence, or whether it is voluntary or involuntary, or whether it occurs as a
result of any court order, law or regulation:
8.1.1. the Customer breaches or otherwise fails to promptly perform any of his/her obligations
under the Consumer Agreement;
8.1.2. the Customer breaches any of his/her representations, warranties, or covenants;
8.1.3. the Customer is in default in respect of any other facility or indebtedness granted by
Home Credit or third parties; and
8.1.4. any event which, in the reasonable opinion of Home Credit, would result in the likelihood
that any of the Customer’s obligations under the Consumer Agreement and General
Terms and Conditions will not be performed or fulfilled, including but not limited to, the
death or incapacity of the Customer, Home Credit’s reasonable suspicion that the
Customer applied for the Consumer Agreement in order to defraud Home Credit or the
Retailer, a change in any law or regulation that affects the validity or enforceability of
the Consumer Agreement.
9. CONSEQUENCES OF DEFAULT
9.1. Upon the occurrence of an Event of Default, Home Credit may, at its sole discretion, without
need of notice or demand, and without limiting Home Credit’s rights under applicable law or
under the Consumer Agreement, and General Terms and Conditions:
9.1.1. take such action and exercise such remedies in order to protect and enforce its rights
under the Consumer Agreement;
9.1.2. declare the Consumer Agreement, including all charges, fees, penalties and interest
accrued and unpaid thereon, to be immediately due and payable, without need of
presentment, demand, protest or further notice of any kind, all of which are herein
expressly and specifically waived by the Customer;
GENERAL TERMS AND CONDITIONS
9.1.3. Impose and collect the Collection Charge and the Penalties as stated in the Consumer
Agreement. The Collection Charge shall be imposed on each Installment Amount that
is not paid by the Customer within five days after the relevant due date. The relevant
Penalty shall be imposed if the Customer fails to pay an Installment Amount within 30,
60, or 90 days, as applicable, after the relevant due date. The Collection Charge and
the Penalties are cumulative and shall be added to the principal obligation.
9.1.4.impose and recover from the Customer the Attorney’s Fees and Agency Fee in the amount
stated in the Consumer Agreement and incurred in connection with enforcing the Customer’s
obligations under the Consumer Agreement once the account is referred to legal collections
or a collection agency; and
9.2. Upon the occurrence of an Event of Default, all outstanding loans of the Customer with Home
Credit shall become due and demandable. In such case, Home Credit may exercise its rights
under section 9.1 hereof.
9.3. The rights available to Home Credit under the Consumer Agreement and applicable law, may
be exercised by Home Credit alternatively, successively, concurrently, and/or cumulatively, at
the option of Home Credit.
11.10. Once the loan agreement is electronically signed by the Customer, Customer is signifying
agreement to all documents in the contract package, including this General Terms and Conditions,
payment schedule.
11.11. No paper copies of the electronic documents will be given to the Customer. Copies of the
electronic documents which were electronically signed will be sent to the Customer’s registered e-
mail address.
11.12. The electronic loan agreement stored by Home Credit in its data warehouse and sent to
the Customer’s registered e-mail address shall be considered as originals of the loan agreement
for all intents and purposes.
ACCEPTANCE
The Customer confirms having read and understood and agrees to the entire General Terms and
Conditions constituting of above clauses, including the Loan Details and Payment Schedule or Credit Card
Agreement, as applicable. The General Terms and Conditions and the other documents have been
explained to the customer in the language understood by the Customer. The Customer is aware that Home
Credit has agreed to grant a loan or credit card to the Customer only after the Customer has agreed to
abide by the terms of this Agreement. This General Terms and Conditions is available in Home Credit’s
website. Home Credit may, at any time, update this General Terms and Conditions upon notice to the
Customer, and such amendments shall bind the Customer, provided that Home Credit posts the update
through its website www.homecredit.ph.