Terms and Conditions
These Terms are intended to inform you about our contractual relationship with you and to govern your access to and/or use of the services provided by Banquish, Inc. a Delaware C Corporation, incorporated in the United States of America, which is responsible for distributing the services of the "Bankuish'' platform and App. These Terms apply to all of our users.
By accessing the App or making use of the Services (as defined below) offered by Bankuish, you agree and become bound to Bankuish in accordance with these Terms and Conditions, acquiring the status of a user (hereinafter "your" or the "User"). Acceptance of these Terms and Conditions and the Privacy Notice are a prerequisite for accessing and using the Platform and all content and services available on the Platform.
In the event that the User for any reason does not wish to be bound by the terms set forth herein, the User must refrain from using the website and/or the Services offered by Bankuish.
It shall be the sole responsibility of the User to read, understand and accept all the provisions contained in these Terms and Conditions, as well as in the Privacy Notice that is available on the App and our website (the "Privacy Notice").
In the event of a breach of these Terms and Conditions or the Privacy Notice by any User (including but not limited to the commission of acts that, in Bankuish's sole discretion, constitute abusive, inappropriate or unlawful conduct) shall entitle Bankuish, at any time and without prior notice of any kind, to suspend or terminate the provision of the Services and/or to withdraw or deny access to the App to the User responsible.
1. Introduction: About Us
Bankuish is a free application that converts your work history and reputation data into a credit score accepted by banks, which we call a "Bankuish Score". You will receive pre-approved offers for you and will be able to unlock new offers as your credit score increases. You'll be able to track changes in your score automatically through your app.
You will be able to join ROSCAs (Tandas in Spanish), and manage your Tandas online, inviting your friends to join you. You can also meet your goals by joining other Bankuish users with similar goals in a public Group.
At Bankuish we strive to be a responsible company, we are committed to helping the self-employed, independent contractors and part-time or project-based workers who are organizing their own projects. The Bankuish App enables the self-employed to access credit while helping banks reduce the risk of individuals who do not have a traditional credit score, such as FICO.
2. Contractual Relationship
By clicking "Join" "Sign Up" or other similar link, you agree that you have carefully read and agree to the Bankuish Rules, and thereby agree to enter into a legally binding contract with Bankuish. If you do not agree to the Bankuish Rules do not use our Services or create a user profile with us, otherwise you will be deemed to have tacitly accepted the Bankuish Rules and will also give rise to a contractual relationship between us which will be governed by these Terms.
By registering and creating a user account with us, you acquire the status of a Bankuish user. These Terms apply equally to all of our users.
The acceptance of these Terms and Conditions and the Privacy Notice are an indispensable requirement to access and use the App, as well as all the contents and services available in it. It shall be the sole responsibility of the User to read, understand and accept all the provisions contained in these Terms and Conditions, as well as in the Privacy Notice that is available through our website or native Android and/or IOS application ("App").
In the event of a breach of these Terms and Conditions or the Privacy Notice by any User (including but not limited to the commission of acts that, in Bankuish's sole discretion, constitute abusive, inappropriate or unlawful conduct) shall entitle Bankuish, at any time and without prior notice of any kind, to suspend or terminate the provision of the Services and/or to withdraw or deny access to our website or native Android and/or IOS application to the User responsible.
4.1 How do our Services work?
Create your Profile and Log In
In the event that your User information at the time of creating your account proves to be false, inaccurate, incomplete, not updated or not verifiable, so that it is impossible to verify and identify the User, Bankuish shall have the right to temporarily or permanently suspend immediately and without prior notice the User's account, and we may also unilaterally terminate the contract we have with you and you will not be able to access our Services. The User is liable at all times for any damages ultimately caused to Bankuish or any third party, such as Bank Partners. The truthfulness and authenticity of the data provided by Users is an essential requirement for the maintenance of the account. Notwithstanding the foregoing, the use of the Services is based on good faith between the parties, by virtue of which Bankuish shall have no obligation (but shall retain the right, exercisable at any time) to verify the authenticity and/or accuracy of the information provided by the User.
As a User, you may access and modify or update your account information at any time.
As our user, you agree that you are solely responsible for anything that may happen to your account, also, you must keep updated your address, email address and other contact information in the Bankuish profile.
In the event that you have an active loan or product (due or to become due) with any Bankuish banking partner, you further agree to repay your loans in a timely manner. Failure to repay these loans may result in the termination of the Services you receive, and you agree that failure to repay loans may result in the permanent loss of your Bankuish user account, without prejudice to any legal action that may be taken.
In the event of theft or loss of the User's personal password, the User agrees to immediately notify Bankuish through its user service area, with the understanding that the User will be solely responsible for any damages that may be caused by third parties through the use of the User's account.
The User may cancel his or her account at any time, except if you have an active loan or product (due or to become due) with any Bankuish banking partner, with the understanding that Bankuish shall not be liable for any loss of information that may occur during such process. Notwithstanding the foregoing, the User acknowledges that cancellation of the account does not release the User from any obligation or liability previously incurred by the User to Bankuish and/or any third party, such as Bankuish's Banking Partners.
Furthermore, the User agrees that Bankuish may at any time and without prior notice, temporarily or permanently suspend the User's account, in the event that in Bankuish's sole discretion, the User makes use of the account in contravention of any provision of these Terms and Conditions, whereby the User releases Bankuish from any liability arising from such suspension.
Requirements to become a Bankuish User
In order to be a user of Bankuish you must be of legal age in terms of the legislation applicable to the United Mexican States. The Services offered in the App may only be used by those persons who, in accordance with the applicable legislation, have the capacity to contract.
Your Bankuish Score and Pre-Approved Loans
As a user, you agree and acknowledge that you consent to the method used to develop your Bankuish Score, and the development of your Bankuish Report, which will be shared with potential future lenders, our Banking Partners, who will have access to this information, which will be provided with an anonymous identification number, with which they can offer pre-approved loans to you.
Your Bankuish Score will be compiled with the following information: income history (35%), satisfaction rate (30%), length of income history (15%), income mix (10%) and credit building (10%). Your Bankuish Score takes into account both positive and negative information from your Bankuish Report. The percentages reflect the importance of each of the categories in determining how Bankuish Scores are calculated. The Bankuish Score is calculated based on the five categories mentioned above, for some people, the importance of these categories may be different. For example, the scores of people who have not been working long will be calculated differently than those who have a longer earning history.
Your Bankuish Report and Bankuish Score evolve frequently. Therefore, it is not possible to measure the exact impact of a single factor in calculating your Bankuish Score without examining your entire Bankuish Report. Even the levels of importance shown in the categories above are for the general population and may be different for different credit profiles. In addition, as the information in your Bankuish Report changes, so does the evaluation of these factors in determining your Bankuish Score. By using the Bankuish App, registering and having an account with us, you agree to the method we use to calculate your Bankuish Score and your Bankuish Report.
Bankuish does not offer loans directly, through our App we will transfer your information anonymously with our Banking Partners to whom we provide a referral service. Our Banking Partners will be able to offer you loans, based on your Bankuish Report and Bankuish Score. Thanks to the way we calculate your Bankuish Score, you will be able to access pre-approved loans, even if you do not meet the requirements of a traditional credit score. Therefore, Bankuish does not guarantee that you will have access to loans, having an account does not guarantee that you will receive pre-approved offers, and having a high Bankuish Score does not mean that you will receive offers or that there will always be offers available to you.
The moment you agree to take out a loan with one of the financial institutions, our Banking Partners, through the Bankuish App, you will have a payment obligation to them. The Bankuish App does not allow you to make the payment of your loan, it is not possible to contact the financial institution through the app, it does not allow you to follow up on your loan, or anything similar. You agree and acknowledge that, at the time you accept the loan, Bankuish is not responsible for any damage or harm that may be caused to you, and that your relationship is with the financial institution.
4.2. Third Party Services
The Bankuish Services may be made available or accessible in connection with third party services and content, such as advertising and other content, that Bankuish does not control, and you acknowledge and agree that different terms and privacy policies may apply to your use of such third party services and content.
5. Rights and Limitations
5.1. License to Use the Services
As a user of Bankuish you are granted a limited, revocable, non-transferable, non-assignable, non-exclusive, limited, non-sublicensable, personal license for an indefinite term to use the software provided to you as part of our Services for the sole and exclusive purpose of using and enjoying our Services as set forth in these Terms. Bankuish expressly reserves any rights not expressly granted to you. Such license shall be for the User's personal use only and may in no event be sublicensed, resold or otherwise exploited without the prior written consent of Bankuish.
As a user of Bankuish and with respect to the information you provide or that is generated on the platform, you grant us a worldwide, transferable, sublicensable right to use, copy, modify, distribute, publish, dissociate and process the information you provide or that is generated through our Services, without any additional consent, notice or compensation to you or any third party. You may terminate this license by deleting such content or closing your account, except to the extent that you have shared it with other Banking Partners as part of the Services and the Banking Partners have in turn copied, re-shared or stored it.
5.2. Intellectual Property Rights
By using the Bankuish platform you are using technology applied for the first time to the lending and credit scoring industry. As a User you agree that the present or future ideas and mechanisms employed in Bankuish are the exclusive creation and intellectual property of Bankuish and you further agree and acknowledge that the Bankuish Rules may in no way be construed to grant you the right to use Bankuish's name, trademark, or any other intellectual property rights.
For purposes of this document, the Internet domain and the software associated with the App and our website, as well as all content available on it, are the exclusive property of Bankuish, and are protected by the laws and international treaties on copyright, trademarks, patents, models and industrial designs applicable in the United Mexican States.
Copying, distribution, transmission, publication, connection, reverse engineering or any other type of modification of the App or the contents is prohibited without the express and prior authorization of Bankuish or, if applicable, of the holder of the corresponding property rights.
Likewise, the User is prohibited to sublicense, sell, resell, transfer, assign or in any way exploit or make available to any third party the App, as well as create links on the Internet to or from the App, or reproduce them in "mirror" sites, without the prior written authorization of Bankuish.
Any violation of the provisions of this paragraph shall constitute an infringement of intellectual property rights and shall subject the User to applicable administrative, civil and criminal penalties.
Bankuish reserves all rights not expressly granted herein. The User declares and acknowledges that the downloading of any content of the App does not confer ownership of the same.
Any trademarks and other distinctive signs displayed on the App or in any link shall not be deemed to be in the public domain and are the exclusive property of Bankuish or Bankuish's third party contractors.
Bankuish has no duty or responsibility to provide the User with any indications that would assist in identifying the content as copyrighted. The User shall be solely liable for any damages to third parties resulting from the infringement of intellectual property rights by virtue of the unauthorized use of the aforementioned content.
Nothing herein shall be construed as a sale, assignment, transfer, conveyance, exclusive license or other transfer to you of any Bankuish intellectual property rights.
5.3. Non Reverse Engineering
For the same reason, you agree that you will not, nor will you allow others to copy, decompile, disassemble, or attempt to obtain the source code, nor will you decipher, reverse engineer, modify or create derivative works of the software developed by Bankuish. You also agree not to remove, obscure or alter any of the notices related to the Services.
5.4. Automated processing and disassociation
5.5. Access to and use of the App
The User is strictly prohibited from violating or attempting to violate the security of the App and our website, including, without limitation: accessing data not intended for the User or logging into a server or account that the User is not authorized to log into, attempting to interfere with the Service to any other user, host or network, including, without limitation, through sending viruses to the App, overloading, flooding, spamming, sending unsolicited mail, including promotions and/or advertising of products or services, forging any TCP/IP header or any part of the header information in any email or newsgroup, as well as using robots, spiders, crawlers, scraper, or any other automated means to access or use the Services.
The User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper use of the App or any activity conducted thereon.
Each User shall be responsible for the equipment or devices and telephony and internet services that may be required for the perfect access to the use of the App. The User shall be solely responsible for any damage that his equipment may suffer due to the misuse of any hardware, software or connections, as well as the compatibility with the App.
Any violation of the App's system or security network may result in the termination of the User's account, as well as the initiation of any civil or criminal liability proceedings against the User.
The User acknowledges that there may be: (i) interruptions in the provision of the Services, or, including, (ii) other events occurring due to causes beyond Bankuish's control. Bankuish cannot be held responsible for any data lost during the transmission of information via the Internet, nor can Bankuish be held responsible for errors or omissions in the information from the different sources of information consulted.
Bankuish is exempt from any liability for interruptions or suspensions of the Internet access service caused by the failure of the telecommunications system, in the supply of electricity, acts of God or force majeure or an action of third parties that may disable the equipment that provides access to the network.
Therefore, Bankuish shall not be liable for any damage, harm or loss to the User caused by system, server or Internet failures. Bankuish shall also not be liable for any viruses that may infect the User's equipment as a result of accessing, using or examining the App or as a result of any transfer of data, files, images, text or audio contained therein. The Users will not be able to impute any responsibility to Bankuish or demand payment of damages or losses, by virtue of technical difficulties or failures in the systems or in the Internet. Bankuish does not guarantee continued or uninterrupted access to and use of the Services, the App or our website.
The App or any Updates to the App may eventually be unavailable due to technical difficulties or Internet failures, or any other circumstances beyond Bankuish's control; in such cases Bankuish will endeavor to restore it as quickly as possible without any liability of any kind. Bankuish shall not be liable for any errors or omissions contained in the information entered in the App.
Bankuish may, at any time and in its sole discretion, discontinue, suspend, terminate or alter the form of access to the App with respect to any content, period of availability, updating and equipment necessary for access and/or use thereof. Bankuish reserves the right to discontinue dissemination of any information, alter or eliminate transmission methods, alter data transmission speeds or any other signal characteristics.
At any time Bankuish may, but shall not be obligated to, make modifications, additions or improvements to the App and our website, including, without limitation, to the content, functions and software versions of the App and our website, in general (the "Updates"). The purpose of such Updates is to improve the Services for the benefit of the User, as well as to display updated content in accordance with the interests of the Users at all times, or, as the case may be, to repair any fault that the App and our website may present.
When an Update is available, Bankuish may send a notification to the User via the App and our website, email, text message, or any other means of communication provided by the User.
The download and installation of Updates are optional for the User, with the understanding that some Updates may be indispensable for the continued provision of the Services on your behalf, so in the event that the User refrains from downloading and installing any Updates, the App may stop working on your computer and/or cellphone. Bankuish shall not be liable for any damage or loss that may be caused to the User as a result of the failure to download and install any Update.
These Terms and Conditions shall apply to any Updates to the App and our website, unless otherwise stipulated, and by downloading and installing any Updates you agree to be bound by these Terms and Conditions.
8.1 Limitation of Liability
By agreeing to these Terms, you acknowledge and agree that, to the fullest extent permitted by applicable law, Bankuish will not be liable for any direct, indirect, consequential, special, incidental, consequential or punitive damages, loss of profits, professional opportunities or income, whether such losses are incurred directly or indirectly, or loss of data, use, goodwill or other intangible losses, arising directly or indirectly from your access to, inability to access, or direct or indirect use of the Services or Bankuish, or arising from any conduct or content of third parties on the Services including, without limitation, any defamatory, offensive or illegal conduct of other Bankuish users or third parties. You hereby agree and acknowledge to hold harmless, release, discharge, and hold harmless, waive any remedy, and forever discharge Bankuish, its partners, shareholders, affiliates, subsidiaries and all other related persons, from any material, moral, injury, direct or indirect, tangible or intangible, immediate or proximate, arising out of or related to your direct or indirect use of the Bankuish Services.
The foregoing limitation of liability shall apply to any principle of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not Bankuish has been advised of the possibility of such damages.
8.2 Disclaimer (Services are provided "As Is")
The App and Services are provided "as is," Bankuish disclaims all representations and warranties, express or implied, not expressly set forth in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Bankuish makes no representations or warranties regarding the reliability, timeliness, quality, suitability or availability of the Services or any services or goods ordered through use of the Services, or that the Services will be uninterrupted or error-free. Bankuish does not warrant the quality, suitability, safety or ability of third party providers. You further agree that all risk arising from your use of the Services and any services, goods or loans requested in connection therewith shall be solely yours, to the fullest extent permitted by applicable law.
9. General Provisions
This document constitutes the entire agreement between Bankuish and Users with respect to the matters contained herein. Bankuish reserves the right, at its sole discretion, to add to, amend, abrogate or otherwise modify this document without prior notice by posting it on the App and our website. It is recommended that the User regularly re-read this document, so that he/she is always informed of any changes.
We may revise and update these Terms and our Services. Changes will not have retroactive effect and the most current version of the Terms will always be posted on the App and our website. By continuing to access or use the Services after such changes become effective, you agree to be bound by the updated Terms, and you will be deemed to have read and accepted the new Terms.
In the event that any provision of these Terms is held to be invalid, void, unenforceable or unenforceable under Mexican law applicable to us, then you agree that such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect. In that event, you agree to replace such provision in whole or in part with a legal, valid and enforceable provision that has, to the extent possible, a similar effect to the illegal, void or unenforceable provision, given the contents and purpose of Bankuish and the Bankuish Rules.
Bankuish's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
10. Governing Law
You agree with Bankuish that the laws of Mexico, except in cases of conflict of jurisdiction, will prevail in any dispute relating to the Terms and Services. You agree with Bankuish that any claims and disputes will be resolved solely in Mexico City, Mexico, and you expressly waive any other jurisdiction that may apply by reason of your domicile or otherwise.
11. Term and Cancellation of your Account
The term of this agreement shall commence on the date on which the User accesses or registers in the App, or in any way begins to use the Services, and shall remain in effect for as long as the User makes use of them, and the User may terminate it at any time without prior notice, with the understanding that the obligations acquired by the User at the date of termination shall remain in effect. For the purpose of the foregoing, the User must cancel his or her User account and uninstall the APP from the devices on which it is installed.
Either you or Bankuish may terminate this agreement at any time, except in the event that you have an active loan, by canceling your account or Bankuish terminates your account. Upon termination of this Agreement, you will lose the right to access and use the Services. However, you acknowledge and agree that Bankuish reserves the right to retain your data, your User profile information, your Bankuish Report and your Bankuish Score for as long as and as provided by applicable law, with the understanding that Bankuish will not collect any new information after the termination of this agreement.
By deleting your account with us, your profile will no longer appear on the App, except to the extent that it has been shared with third parties, such as Banking Partners, as part of the Services and the third parties have in turn copied, re-shared or stored it, and you consent that Bankuish may use the information you provided for statistical purposes, to improve the App and our Services. This information will be subject to a disassociation process so that it is not identifiable to you as the personal data subject.
Also, by deleting your account, Bankuish will not continue to transfer your information with third parties such as our Banking Partners.
For its part, Bankuish reserves the right to terminate this document, as well as to cease providing the Services at any time, without prior notice.
12. Notifications and Where to Contact Us
All notifications and notices that Bankuish must give to the User in accordance with these Terms and Conditions, must be made through the App or by email to the address associated with the User's account.
In turn, all notices and notifications that the User must give to Bankuish pursuant to these Terms and Conditions, shall be given to the email address email@example.com, or at Bankuish's address located at 110 Wall St New York, NY 10005.
The use of the App and the Services shall be the sole responsibility of the User. Neither Bankuish, nor its officers, partners or employees shall be liable for any obligations entered into between Users and financial institutions, our Banking Partners.
The User may not assign or transfer in favor of any third party its rights and obligations hereunder without prior written authorization from Bankuish. For its part, Bankuish may freely assign its rights and obligations to any third party.
Last updated: September 15, 2021