Terms of Use

Terms of Use

  1. These terms of use (the “Terms of Use”) govern your use of our website www.andeno.com including any sub-domain thereof (hereinafter, the "Site"). Please read the following Terms of Use carefully before using the Site. If you do not agree to these Terms of Use, you may not use the Site. By using the Site, you express your acceptance to the Terms of Use and Privacy Policy (being hereby incorporated by reference herein) which takes effect on the date on which you use the Site to request the Services, and create a legally binding arrangement to abide by the same.

    The Site is operated and owned by Andeno Co (“Andeno”) a company organized under the laws of the state of Delaware and its affiliates ("we", "us", "our").

  2. We reserve the right to change the Terms of Use and Privacy Policy at any time without notice, posting changes on the Site and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Site. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the Privacy Policy and note the changes made on the Site. Your continued usage of the Site after any change is posted constitutes your acceptance of the amended Terms of Use and Privacy Policy.

  3. How the Site and Service work.

    1. We are a marketplace lender providing you an online platform to search and qualify for potential loans without collaterals of a maximum quantity of twenty thousand dollars ($20,000) (hereinafter, the “Services”).

    2. The term of these loans is thirty-six (36) months (“Term”).

    3. The loan repayment will be made via automatic debit out of the linked deposit account as a typical loan payment once each month. Andeno or its agents will act as the servicer for all loans you obtain through the Site, and all communications regarding your loan must be made to Andeno or its agents.

  4. Account Registration or use of the Site.

    1. You may access the Site to request the Services by registering to create an account (“Andeno Account”) and become a registered user.

    2. When you create an Andeno Account, the email provided by you will be your username and you must create a password. You may be required to login in order to use certain parts of the Site.

    3. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

    4. You agree to promptly notify the Company regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Site or Service or the terms on which you use the Site or Service.

    5. We reserve the right to cancel your Andeno Account, reject any application you have submitted, terminate any agreement we have with you, and restrict your future use of the Site and our products and services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. We reserve the right to reject any registration and/or decline any application for a loan.

    6. The right to use this Site is personal and is not transferable to any other person or entity. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Andeno Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Andeno Account.

    7. Goods and Services purchased from the Site are intended for your person use and you represent that the same are not for resale or you are not acting as an agent for other parties.

  5. Authorization to Obtain Credit Report.

    1. By registering on the Site as a borrower, you authorize us or our agents, to obtain a credit report from one or more consumer credit reporting agencies.

    2. We may use the credit report for any purpose that would be authorized by applicable law in connection with a credit transaction involving you and involving the extension of credit to you or review or collection of your account, including but not limited to (i) for authentication purposes, to make sure you are who you say you are; (ii) to make credit decisions; (iii) for internal modeling and analysis purposes; (iv) to determine how much debt you currently have, in order to determine your debt-to-income ratio; (v) to obtain your credit score; (vi) to obtain and display information and characteristics from your credit report from one or more consumer credit reporting agencies.

    3. You authorize us to verify information in your credit report and you agree that Andeno (or its agents) may contact third parties without further notice to you to verify any such information.

  6. General terms of use.

    1. We constantly strive to provide you with accurate information on the Site. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

    2. If you use the Site, you do the same at your own risk.

    3. This Site is intended solely for users who are 21 years of age or older, and any registration or use of the Site by anyone under 21 is unauthorized and in violation of these Terms of Use. By using the Site, you represent you are 21 or older and that you agree to and abide all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or violate any other agreement with us, we may terminate your registration and delete any content or information that you have posted on the Site and/or prohibit you from using or accessing our products and services or the Site.

    4. If you choose to use the Site, it shall be your responsibility to treat your username, password and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity other than us (“Third Party”). We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

    5. As we are providing services in Puerto Rico, we have complied with applicable laws of Puerto Rico in making the Site and its content available to you. In the event the Site is accessed from outside Puerto Rico, it shall be entirely at your risk. We make no representation that the Site and its contents are available or otherwise suitable for use outside Puerto Rico. If you choose to access or use the Site from or in locations outside Puerto Rico, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, bylaws, licenses, registrations, permits, authorizations, rules and guidelines.

    6. You shall at all times be responsible for the use of the Site through your computer or mobile device and for bringing these Terms of Use and Privacy Policy to the attention of all such persons accessing the Site on your computer or mobile device.

    7. You understand and agree that the use of the Site does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Site requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Site and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

    8. By using the Site, you represent and warrant that:

      1. All Andeno Account related information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.

      2. Your use of the Site shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.

      3. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (i) Is defamatory, abusive, harassing, insulting, threatening, harmful to minors, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.

      4. You will not use the Site in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

      5. You will not submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Site or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Site.

      6. You will not use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs).

      7. You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

      8. You will not register for more than one Andeno Account (unless the additional account is for purposes of applying for additional products or services), or register for an Andeno Account on behalf of an individual other than yourself or on behalf of any group or entity.

      9. You will not delete or modify any content of the Site, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

      10. You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

      11. You shall not access the Site without authority or use the Site in a manner that damages, interferes or disrupts: (i) any part of the Site or the Site’s software; or (ii) any equipment or any network on which the Site is stored or any equipment of any Third Party.

  7. Access to the Site, Accuracy and Security.

    1. We endeavor to make the Site available during working hours. However, we do not represent that access to the Site will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

    2. We do not warrant that the Site will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Site or your obtaining any material from, or as a result of using, the Site. We shall also not be liable for the actions of third parties.

    3. We do not represent or warranty that the information available on the Site will be correct, accurate or otherwise reliable.

    4. We reserve the right to suspend or withdraw access to the Site to you personally, or to all users temporarily or permanently at any time without notice.

  8. Relationship with operators if the Site is accessed on mobile devices.

    1. In the event the Site is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation to, Apple, Google, Android or RIM Blackberry (each being an “Operator”).

    2. Your access or use of the Site is also bound by the terms and conditions of the Operator.

    3. You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Site and the content thereof to the extent specified in these Terms of Use.

    4. Andeno’s license granted to you for the Site is limited to a non-transferable license to use the Site on a mobile device that you own or control and as permitted by these Terms of Use.

    5. We are solely responsible for providing any maintenance and support Site with respect to the Site as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support Site with respect to the Site.

    6. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Site or your possession and/or use of the Site, including, but not limited to: (i) any claim that the Site fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

    7. You and we acknowledge that, in the event of any Third Party claim that the Site or your possession and use of the Site infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

    8. You must comply with any applicable Third Party terms of agreement when using the Site (e.g. you must ensure that your use of the Site is not in violation of your mobile device agreement or any wireless data service agreement).

    9. You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are Third Party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a Third Party beneficiary thereof.

  9. Customer Communications and Electronic Business Consent.

    1. You agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Service, including any loans you may request or receive, your registration as a borrower on our Site, your use of this Service, and the servicing of your loan, if funded, as a member of Andeno (each, a "Disclosure"), from us, whether we are acting in the capacity as trustee or otherwise.

    2. Any Disclosures will be provided to you electronically through www.andeno.com either on our Site or via electronic mail to the email address you provided. If you require paper copies of such Disclosures, you may sign in to your account on our Site and print the documents desired.

    3. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically.

    4. Scope of Consent. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions to which such Communications relate, whether between you and Andeno.

    5. You expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached.

    6. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

    7. Minimum Software and Hardware Requirements. Access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (latest Chrome version, latest Firefox version, latest Internet Explorer version, or latest Safari version); and hardware capable of running this software.

    8. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, loan and/or account.

    9. You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.

  10. Telemarketing calls.

    1. If you have provided consent for telemarketing calls, you agree that (i) we, our agents, representatives, affiliates, third parties, and anyone calling on our behalf may call, email or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; (ii) agree these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve prerecorded and/or artificial voice messaging. Your consent, if provided, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked by informing the telemarketing representative, or any other method, which ensures we receive the revocation.

    2. Your consent to telemarketing calls is not a condition of obtaining your loan.

    3. You also understand that your cellular or mobile telephone provider will charge you depending to the type of plan you carry.

    4. Opt-Out: You can revoke your consent by contacting us via email at support@andeno.com.

  11. Disclaimers.

    1. The site may be under constant upgrades, and some functions and features may not be fully operational.

    2. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the site or delay or errors in functionality of the site. As a result, we do not represent that the information posted is correct in every case.

    3. You acknowledge that third party services are available on the site. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s services.

    4. The information provided hereunder is provided “as is”. We and/or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.

    5. We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the site. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein. We will not be liable for any incidental, punitive, or consequential damages.

  12. Indemnity.

    1. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms of Use or of any law or the rights of any third party. The previous sentence shall not apply to any extent to Users while acting as an investor member or while registering as an investor member in connection with their (i) posting of User Content or (ii) use of the Site or Service.

  13. Intellectual property.

    1. We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it, including but without limitation, the text, graphics, logos, icons, screens and configurations, photographs, audio and video clips, music and sound, picture images, website architecture, format, layout and data structures, product names, logos, commercial symbols, trade names and slogans are the exclusive property of Andeno or its licensors (or is a nominative use of trademark) and are protected by United States and international copyright and trademark laws. Those works are protected by copyright laws and treaties in the United States and around the world. All such rights are reserved.

    2. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organization to material available on the Site.

    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    4. You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors.

    5. If you print off, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    6. You do not acquire any ownership rights by agreeing, accepting or consenting to these Terms of Use. You do not acquire any ownership rights by printing or downloading any information or using the Site and/or the Services.

  14. Treatment of information provided by you.

    1. We process information about you in accordance with our Privacy Policy.

    2. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us on the Site for the purpose of use on the Site or for our generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.

  15. Third Party Content.

    1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

    2. You acknowledge that when you access a link that leaves the Site, the site you will enter is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Site, although we are under no obligation to do so.

  16. Severability. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable due to the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

  17. Non-assignment. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

  18. Governing law, jurisdiction and venue.

    1. These Terms of Use are governed by the laws of Puerto Rico. If you obtain a loan, the terms of the loan will be governed by federal laws and the laws of Puerto Rico to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction.

    2. The parties further agree that all disputes shall be resolved exclusively in state or federal court in Puerto Rico.

  19. Effective date: August 24, 2017.