Last Updated On August 3, 2026
These Terms & Conditions constitute the governing terms of the entire relationship between the Borrower and EFI with respect to the loan application, credit assessment, loan approval, loan servicing, collection activities, and all related dealings between the parties.
I represent, warrant, and continuously certify that:
1.1. Capacity & Authority: I possess the full legal capacity and authority to enter into this Agreement. If I am acting on behalf of a business entity, I represent that I am fully authorized to bind that entity, and that all required corporate, regulatory, and spousal consents have been validly obtained.
1.2. Business Status: My business is legally registered, active, and holds all valid permits and licenses required to operate.
1.3. Legal Compliance: I certify that my business and I comply with all applicable laws, including tax, corporate, labor, and environmental regulations.
1.4. Material Changes: No undisclosed material adverse changes have occurred regarding my financial condition, business operations, or repayment capacity since submitting my application.
1.5. Duty to Notify: I undertake to notify EFI in writing within five (5) calendar days of any material changes to my situation, including insolvency, lawsuits, asset garnishments, or the cancellation of my business permits.
1.6. Consequences of Falsehoods: I acknowledge that providing any false, forged, or misleading information constitutes a material breach of this Agreement. In such an event, EFI has the right to reject my application, terminate my credit, declare an immediate Event of Default, accelerate all my outstanding loan balances, and pursue civil or criminal prosecution against me.
1.7. Preservation of Collateral: If I have pledged or will pledge any real or personal property as collateral or offer any property as payment through dación en pago, I undertake to preserve, maintain, and protect such property. I shall not sell, transfer, lease, further encumber, materially alter, conceal, or dispose of the property without EFI’s prior written consent. I shall promptly notify EFI of any loss, damage, seizure, adverse claim, litigation, or other event that may materially affect the property’s value or EFI’s rights.
1.8. Recovery of Enforcement Costs: If EFI enforces or protects its rights under this Agreement or any related loan document due to my default, I agree to reimburse EFI, to the extent permitted by law, for all reasonable costs and expenses incurred, including attorney’s fees where recoverable, court and filing fees, registration fees, appraisal fees, investigation and asset tracing expenses, sheriff’s fees, collection costs, and other reasonable enforcement expenses.
2.1. Accuracy: I certify that all submitted data, documents, and signatures - whether provided by me or my authorized representative - are genuine, accurate, complete, and legally effective. I agree to provide original documents immediately upon EFI’s request.
2.2. Electronic Signatures & Electronic Records: Pursuant to the Electronic Commerce Act of 2000 and applicable laws, I agree that electronic signatures, digital signatures, online acceptances, checkboxes, one-time password (OTP) confirmations, biometric authentication, electronic submissions, and other electronic methods of consent shall have the same legal force, validity, and enforceability as handwritten signatures. I further agree that electronic records, audit logs, screenshots, metadata, recordings, timestamps, communications, and system-generated evidence maintained by EFI shall constitute valid and admissible evidence of my consent, instructions, transactions, and obligations. Furthermore, I accept and agree that EFI utilizes automated verification, biometrics, facial recognition, metadata analysis, and AI-assisted fraud detection to confirm my identity, evaluate my transactions, and prevent unauthorized activity.
3.1. Data Processing: In compliance with the Data Privacy Act of 2012 (R.A. 10173), I explicitly authorize EFI and its partners/processors to collect, process, profile, and store my personal, sensitive, and financial data.
3.2. Scope of Use: I agree that my data may be processed for credit evaluation, underwriting, identity verification (e-KYC), fraud prevention, account administration, loan servicing, collections, and regulatory compliance.
3.3. Third-Party Disclosures: I authorize EFI to verify information and share my data with credit bureaus (e.g., Credit Information Corporation, CIBI, TransUnion), government agencies (SEC, DTI, BIR, LRA), banks, collection agencies, and tech vendors.
3.4. Cross-Border Transfers & Retention: I authorize cross-border data transfers to international cloud servers or networks utilized by EFI. I further agree that EFI will retain my data as long as necessary for business, legal, or regulatory enforcement, even if my application is denied or my loan is fully paid.
3.5. Data Subject Rights: I understand that I retain my statutory rights under the Data Privacy Act (to access, correct, object, or erase data) as detailed in EFI’s Privacy Notice.
4.1. Due Diligence: I authorize EFI to conduct such background, credit, financial, legal, business, and asset verification as it may deem necessary in connection with my loan application, existing obligations, restructuring, settlement, enforcement, or any property offered as collateral or as payment through dación en pago. This includes verification of my spouse (where applicable), co-borrowers, guarantors, business partners, ultimate beneficial owners, and any real or personal property offered as security or payment. I further authorize EFI to inspect, appraise, photograph, and verify the ownership, condition, value, and legal status of such property through the appropriate government agencies, registries, financial institutions, appraisers, and other lawful sources.
4.2. Site Inspections: I agree that EFI or any of its assigns may legally visit and inspect my residence, offices, and business facilities to inventory and appraise assets or collateral. I undertake to cooperate fully with these activities.
4.3. Communication Recording: I consent to the recording of my phone calls, video conferences, and Video KYC sessions with EFI for quality assurance, compliance, and evidentiary purposes.
5.1. Acceptable Use: I agree to use EFI platforms only for lawful purposes and will not attempt to bypass security, introduce malware, or reverse-engineer systems.
5.2. Intellectual Property: I acknowledge that all software, logos, and materials on EFI platforms remain the exclusive property of EFI or its licensors.
5.3. “As-Is” Warranty: I accept that EFI platforms are provided on an “as-is” and “as available” basis, and I acknowledge that EFI does not warrant that its digital services will be completely uninterrupted or error-free.
5.4. Limitation of Liability: I agree that EFI is not liable to me for any indirect, incidental, or consequential damages (such as lost profits or system downtime) unless directly caused by EFI’s gross negligence or willful misconduct.
5.5. Indemnity: I agree to indemnify and hold EFI harmless against any claims, losses, or legal fees arising from my breach of these terms or any false information I provide.
6.1. Electronic Notices: I authorize EFI to contact me via SMS, email, phone, mobile apps, or social media for account updates, collections, and legal notices. I agree that electronic notices sent to my last known contact information are deemed validly delivered.
6.2. Marketing Consent: I permit EFI to send me promotional offers and marketing materials. I understand that this consent is optional and can be withdrawn.
6.3. Withdrawal of Operational Consent: I understand that I may withdraw my consent for data processing via written notice, but this will not affect processing required for ongoing contractual obligations, debt collection, legal claims, or regulatory compliance.
7.1. AMLA & Sanctions: I acknowledge that EFI operates in strict compliance with Philippine regulatory requirements, including the Anti-Money Laundering Act (AMLA) of 2001 (R.A. No. 9160), as amended, the Terrorism Financing Prevention and Suppression Act of 2012 (R.A. No. 10168), the Anti-Terrorism Act of 2020 (R.A. No. 11479), and other applicable laws. I authorize EFI to freeze, delay, restrict, or terminate my account, transactions, or application without prior notice whenever necessary to satisfy its legal and regulatory obligations.
7.2. Application Evaluation and Credit Decision: I acknowledge that submitting an application does not guarantee loan approval. I accept that EFI retains sole and absolute discretion over all credit decisions, including approvals, pricing, and credit limits, and that EFI is not required to disclose the reasons for a rejection.
8.1. Assignment: I acknowledge and agree that EFI may assign, transfer, sell, or securitize my loan account, receivables, or collateral to third-party investors without requiring further notice or consent.
8.2. Amendments: I accept that EFI may update, amend, or replace these terms at any time. My continued use of EFI’s products, services, or platforms signifies my explicit acceptance of the revised terms.
8.3. Severability and Survival: I agree that if any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect. Furthermore, I acknowledge that all my certifications, consents, authorizations, waivers, and indemnity obligations shall survive the payoff of my loan, the closure of my account, or the termination of our business relationship.
8.4. Governing Law & Venue: I agree that this Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. I explicitly consent that any legal dispute arising from or relating to this Agreement or EFI’s services must be filed, at EFI’s option, in the proper courts of Makati City or Taguig City.
© 2026 Esquire Financing Inc.
SEC Registration Number CS201102284 / Certificate of Authority to Operate No. 1027
Terms, Conditions, Consents, Certifications, and Authorizations
