Terms & Conditions
These general terms and conditions together with any documents referred to in them apply to the access to and the use of the online website www.welend.mn (hereinafter, the “Platform”), which belongs to WeLend Capital NBFI, and registered office at Unit 1302 Peace Tower Building, 54 Peace Avenue, 3rd Khoroo, Chingeltei, Ulaanbaatar, Mongolia (hereinafter, “WeLend Capital NBFI”) whether as a guest or as a registered user.
We may revise and update these T&C from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Platform following the posting of revised T&C means that you accept and agree to the changes.
I. USE OF THE WEBPAGE
1. Access to the Platform
This Platform is addressed to legal entities and natural persons aged over 18 years old, conducting business activity and using this Platform for the purposes related to the business activity. By using the Platform, the user represents and warrants that he/she meets this requirement. Specifically, the user confirms that he does not use this Platform for purposes not related to his/her business and is not a consumer within the meaning of the National Consumer Credit Code. Otherwise, please refrain from the use of the Platform and providing or requesting any additional information. WeLend Capital NBFI reserves the right to refuse access to the Platform to users who breach the provisions of T&Cs, any other regulations governing the use of the Platform and applicable legislation at any time and without prior notice. You are responsible for making all arrangements necessary for you to have access to the Platform.
2. Registration on the Platform, privacy and security measures
WeLend Capital NBFI provides access to the Platform free of charge. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.
If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify WeLend Capital NBFI of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The email address and the password chosen by the user in the registration process shall be considered as unique identification data and they enable the user to access the Platform’s services. The user account linked with the email address is personal and not transferable. The user agrees to treat his/her access data (especially the password) as confidential, not being permitted to disclose them to third parties. In case of unauthorized use of the account due to unauthorized disclosure of the access data, the user shall bear all consequences arising from the access to the account by a third party other than the user. The user consents to be liable for any loss or damage resulting from an intentional or negligent breach of the above-mentioned confidentiality obligation. In particular, the user shall be responsible for all transactions initiated from his/her account after successful identification with the email address and password. The user undertakes to notify WeLend Capital NBFI of any unauthorized use of his/her account without any further delay.
3. User’s obligations and liability
You may use the Platform only for lawful purposes and in accordance with these T&C. You agree not to use the Platform:
In any way that violates any applicable local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate WeLend Capital NBFI or a WeLend Capital NBFI employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm WeLend Capital NBFI or users of the Platform or expose them to liability.
Additionally, you agree not to:
Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise, attempt to interfere with the proper working of the Platform.
In the event that any user or third party considers that there are facts or circumstances revealing that any content is illegally used, he/she should send a notification to WeLend Capital NBFI, informing about that circumstances.
The user shall be liable for any damages that WeLend Capital NBFI may suffer, directly or indirectly, as a result of any breach of the obligations under the T&C, any other provisions governing the use of the Platform or the applicable legislation. The user shall indemnify WeLend Capital NBFI for any penalties imposed by any governmental authority or any claim raised and lawsuit filed by any governmental authority, any other user or any third parties against WeLend Capital NBFI or its employees as a result of the violation of any of the user’s obligations.
You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these T&C and that they comply with them.
4. Platform’s functionality
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these T&C.
5. Hyperlinks on the Platform
This Platform may contain hyperlinks to web sites of third parties. These hyperlinks are intended solely for your information and convenience. WeLend Capital NBFI is not in any way responsible for these web sites, or the information made available thereon, and the fact that WeLend Capital NBFI includes these hyperlinks does not imply or represent that WeLend Capital NBFI approves endorses, authorises, sponsors, or monitors the content or accuracy of these web sites, or its affiliated with the web site in any way. If a third party links to our Platform, it is not necessarily an indication of an endorsement, authorisation, sponsorship, affiliation, joint venture, or partnership by or with WeLend Capital NBFI.
If this Platform contains hyperlinks to web sites of affiliates of WeLend Capital NBFI, the present T&C shall also apply to the use of the web site of the relevant affiliate. If other terms and conditions of use already apply to the use of the web site of the relevant affiliate, those terms and conditions shall prevail, and the present T&C shall apply additionally.
6. WeLend Capital NBFI’s Liability
WeLend Capital NBFI may, immediately and without prior notice, terminate its relationship with the user or interrupt the user’s access to the Platform, if it considers that the use the Platform is done breaching these T&C or the applicable legislation.
WeLend Capital NBFI will apply security measures to ensure the confidentiality and security of the Platform. WeLend Capital NBFI will act diligently in accordance with the generally accepted practices in the industry to avoid the presence on the Platform of viruses or other harmful elements that may cause alterations in the user’s computer system, electronic documents or files, but cannot guarantee the absence of such elements, nor being liable for any damages that may result from them.
WeLend Capital NBFI does not control the use of the Platform made by users. In particular, WeLend Capital NBFI does not guarantee that users use the Platform in accordance with the applicable legislation, these T&C, and special conditions, if any, or that they use it diligently.
WeLend Capital NBFI will be liable only for any damages suffered by the user resulting from the use of the Platform when the damages are caused as a result of a willful misconduct or gross negligence of WeLend Capital NBFI.
WeLend Capital NBFI will not be liable for any damages arising from events beyond its control. Only for illustrative and not limiting purposes, WeLend Capital NBFI will not be liable for any damages that may arise from the following events:
Inferences, interruptions, computer viruses, and/or disconnections in the operational electronic system or in the users’ computers caused by circumstances outside the control of WeLend Capital NBFI which limit or delay the provision of services.
Delays or blockages in the Platform caused by deficiencies or overloading of the Internet or other electronic systems.
Damages caused by third parties through illegal interference outside the control of WeLend Capital NBFI.
Inability to provide the services for reasons not attributable to WeLend Capital NBFI, such as force majeure.
7. Communication with users
By providing the user’s email address, the user agrees to be contacted by WeLend Capital NBFI or its affiliates. Any communication to WeLend Capital NBFI shall be sent by email to the following address: firstname.lastname@example.org
8. Property rights
The user accepts that the Platform, its structure, contents, services and the computer programs used in connection with it (hereinafter, the “Platform Elements”) are protected by intellectual and industrial property rights owned by WeLend Capital NBFI or third parties.
Unless authorized in writing by WeLend Capital NBFI or by the owners of the respective rights, or unless it is legally permitted, the user must not reproduce, transform, alter, disassemble, develop reverse engineering, distribute, hire, lend, or make publicly available through any form of public communication any of the Platform Elements.
The user must not delete the signs identifying the intellectual, industrial and any other property rights of WeLend Capital NBFI or third parties that may appear on the Platform and in any of the services offered through it. Users must also abstain from evading or manipulating any technical devices established by WeLend Capital NBFI or by third parties on the Platform Elements to protect their rights.