Terms and Conditions for the Use of the SDL Application
LAST UPDATED: 24/12/2024
The user of the service ("User") agrees to use the SDL application ("Application") or any other name that Siam Digital Lending Co., Ltd. ("Company") as the service provider may designate or change in the future, and agrees to be bound by and to comply with the following Terms and Conditions for the Use of the SDL Application ("Terms and Conditions").
1. Definitions
1.1 "Personal Data" means personal data, biometric data (such as fingerprints, facial image, etc.), financial data, transaction data, and/or any other data of the User provided to the Company or obtained or accessible by the Company from other sources.
1.2 "Transaction Device" means a computer and/or mobile phone and/or tablet and/or any other device as designated by the Company for use in conducting transactions.
1.3 "Service" means the services on the Application under these Terms and Conditions, including any other type of electronic service that the Company may make available to the User in the future.
1.4 "Company" means Siam Digital Lending Co., Ltd. and shall include any person appointed by the Company.
1.5 "Receiving Account" means a savings deposit account of the User held with any commercial bank as designated by the Company, which the User has designated for receiving credit disbursement; provided that the deposit account must be in the sole name of the User as the account holder.
1.6 "Identification Code" means user account (Login Name or Username), password (Password), PIN (Person Identification Number), fingerprint, biometric data (such as facial image, etc.) (Biometric), password for use of the transaction device, OTP – One Time Password, and any other code related to access to the Service, by whatever name called and whether designated by the Company or by the User.
1.7 "Transaction" means any instruction, transaction or operation conducted through the Application, such as registration and creation of a user account (Account), preliminary credit limit calculation, and credit application, etc.
1.8 "Force Majeure" means any event beyond the control of the Company which obstructs the provision of the Application service under these Terms and Conditions, including causing malfunction or data error, such as failure of the Company's computer system or communication system due to power failure or energy-related issues, acts of third parties, computer virus or harmful data (Harmful Data), where such event did not result from the Company's failure to maintain the computer system adequately in accordance with standards.
1.9 "Application" means the SDL application.
2. General Terms and Conditions
2.1 The User warrants that the data provided for registration is true and accurate. The User registers to use the Application for the User's own purposes only and does not act for the benefit of any other person.
2.2 The User warrants that the User has legal capacity to enter into juristic acts, being of legal age of majority, or being a minor who has obtained consent from a legal guardian with power to act on the User's behalf, or has taken any step to enable the User to enter into any juristic act on the Application alone.
2.3 The User acknowledges that for certain types of service on the Application there may be restrictions on capacity to enter into juristic acts or on transactions, as required by law, rules or regulations, or for the Company's risk management. The User may review the eligibility for each type of service in the terms and conditions of that service.
3. Use and Safekeeping of Identification Codes, Personal Data and Transaction Devices
3.1 The User must set the Identification Code and personal data used for identity verification in the form and manner prescribed by the Company, and must keep such Identification Code and/or personal data confidential and must not disclose or do anything that may allow others to know the Identification Code and/or such personal data. Any transaction conducted through the User's Identification Code and/or personal data shall be deemed by the Company to have been carried out by the User or with the User's consent, and the User agrees not to dispute the validity of such transaction.
3.2 Where the User designates a device as a transaction device or uses identity verification via a device such as a mobile phone, the User must not allow such device to come into the possession of any other person.
3.3 The User may change the Identification Code at any time by following the procedures and conditions prescribed by the Company. Where the User believes that another person has learned the User's Identification Code, the User should change the Identification Code immediately to prevent possible damage.
3.4 Where the User forgets the Identification Code or the transaction device is damaged or lost, the User must follow the procedures, methods and conditions prescribed by the Company to change the Identification Code and/or obtain a new transaction device. The User accepts that any transaction or use of the Service through the User's Identification Code before the new Identification Code is set shall be binding on the User and the User agrees to be fully responsible.
3.5 In some cases the Identification Code may be sent to the address or telephone number the User has given to the Company. The User therefore has a duty to keep personal data up to date at all times, and the User acknowledges that failing to keep personal data up to date may cause damage or allow others to access the User's personal data. The Company shall not be liable where such event is due to the User's failure to update personal data.
3.6 Where the User enters an incorrect password (Password) or OTP (One Time Password) more than the number of times prescribed by the Company, the Company will suspend the Service immediately for the security of the User's data, and the User must contact the Company to obtain a new password or to unlock the OTP.
3.7 When using the Company's web application, Application and website, the system may allow the User to amend personal data by themselves, such as address, telephone number, email, contact details, etc., through the identity verification process prescribed by the Company. The User therefore has a duty to keep confidential all data necessary for identity verification, such as password and OTP, to prevent others from altering the User's personal data.
4. Validity of Use of Service or Transaction and Binding Effect on the User
4.1 The User agrees and accepts that any method of operation through the Application under these Terms and Conditions is a reliable and acceptable method between the User and the Company, and warrants that any photograph, data and/or document received by the Company from the User by such method or used in such operation is as reliable and authentic as a written document in every respect and is enforceable between the User, the Company and related parties, and may be used as evidence against the User under the law. The User shall not dispute in any way. The Company need not verify any details relating to such transaction as to correctness or completeness.
4.2 The User warrants that any photograph, document and/or data received and/or to be received by the Company from the User through the Application is true, complete and accurate in every respect. The User agrees to allow the Company to store such data in the Company's customer database for the purpose of the Company's provision of service and/or performance of transactions with the Company, and agrees to allow the Company to use and disclose such data to the Department of Provincial Administration, Ministry of Interior, for the purpose of verification and identity proof of the User.
4.3 The User agrees and accepts that any action through the Application, whether relating to use of the Service and/or any transaction, if done by use of the Identification Code under these Terms and Conditions, shall be deemed valid and binding on the User in every respect. The User need not sign any document and the User agrees to be responsible for such action as if the User had done it in person, whether it was done by the User or by any other person and for whatever reason.
4.4 The Company has the right to require the User to prepare and deliver additional documents to the Company in the form and within the period prescribed by the Company.
4.5 Once the User has completed a transaction through the Application, the User may not change, suspend or cancel such transaction, except in any other case the Company may prescribe later for cancellation of such transaction, in which case the User must follow the procedures and conditions prescribed by the Company.
4.6 The User agrees that once the Company has acted on the request for service and/or transaction, the Company shall be deemed to have provided the service correctly and completely and it shall be binding on the User in every respect. In the case of a credit application, the User shall be deemed to have signed the credit agreement electronically in accordance with the law and it shall be binding on the User in every respect. The Company need not refund any fee, service charge and/or expense already paid to the Company in any case.
4.7 The User agrees that where the Receiving Account has changed for whatever reason, these Terms and Conditions shall remain in full force and effect in respect of such changed Receiving Account.
4.8 Where any damage occurs to the Company and/or any person due to the provision of service or any action according to the User's request under these Terms and Conditions through no fault of the Company, or where the User uses the Service for any purpose contrary to law or public order or good morals, the User agrees to be liable to compensate for all such damage.
4.9 The User agrees to allow the Company to add or amend these Terms and Conditions, including fees, service charges and expenses relating to transactions and/or use of the Application, as the Company deems fit. The User agrees to be bound by these Terms and Conditions and/or the fees, service charges and expenses as so added or amended. The Company shall notify the User in advance by announcement on the website and/or Application and/or by notice in writing to the User and/or by any other method the Company deems fit, not less than 30 (thirty) days before such addition or amendment takes effect. If such addition or amendment results in the User incurring additional cost or liability and the User uses the Application, the User shall be deemed to have consented to and to have no objection to such added or amended Terms and Conditions.
4.10 The User agrees to be bound by and to comply with the rules, terms and conditions, including manuals and documents explaining the method of use of the Service as prescribed by the Company, which the User has received or is deemed to have received on the date of requesting the service, and as the Company may prescribe, amend or change in the future, which shall form part of these Terms and Conditions.
5. Service Registration
5.1 The User may use the Service through the Application on the User's transaction device, through the channels and methods prescribed by the Company, and upon approval by the Company to become a user of the Service. The User agrees to be bound by and to comply with the terms and conditions for use of the Service prescribed by the Company and/or the terms and conditions for use of the Service for each function and/or type of service that appear before and/or while the User conducts a transaction (if any), and such terms and conditions shall form part of these Terms and Conditions.
5.2 Each time the User accesses the Service, the User must enter the Identification Code correctly and comply with the procedures, methods and conditions for use of the Service prescribed by the Company in full on each occasion.
5.3 The User may access the Service and various functions on the Application as follows and/or as the Company may prescribe in the future, to conduct transactions in accordance with the procedures, methods and conditions prescribed by the Company, within the period displayed by the Company in the terms of each service.
5.3.1 Credit application service (to be adapted as SDL)
(1) The User may select the type of credit and prepare a credit application with the Company, and may check the status of the credit application, credit details and select the repayment method, through the procedures and methods prescribed by the Company via the Application or via any other type of electronic channel the Company may make available in the future.
(2) The User may view, request and/or save the Billing Statement through the procedures and methods prescribed by the Company via the Application, and may view the E-Receipt via the Application or via the email the User provided in the credit application or via any other electronic channel the Company may make available in the future.
(3) The Company will notify the User of the repayment due date through the notification function on the Application, or by SMS, or email, or by the method and channel prescribed by the Company.
(4) The User may repay in accordance with the procedures and methods prescribed by the Company via the Application or via any other electronic channel the Company may make available in the future.
(5) The User may conduct a credit limit calculation transaction through the procedures and methods prescribed by the Company. The User agrees and accepts that the credit limit displayed on the transaction screen is only preliminary information calculated or processed from the data the User provided to the Company and does not constitute approval of the credit limit, interest rate or repayment period. The Company has the right to consider approval or to change the credit limit and/or such data, having regard to the data and supporting documents submitted by the User to the Company and other relevant facts.
5.4 The User agrees and accepts that the Company will send documents and/or any data relating to the Service to the User, including any documents required by law such as notice of sending data to the credit bureau, via the Application and/or the email the User has given to the Company which has been verified by the User through the procedures and methods prescribed by the Company, and/or by any other method the Company deems fit only.
6. Identity Verification and Use of the User's Personal Data
6.1 For registration for each service, the Company may require the User to undergo identity verification at different criteria or levels, which is an essential condition before approval to use the Service. The User acknowledges that failure to pass identity verification, or refusal of identity verification in any case and at any time, or failure to provide personal data as required, may result in the User being denied the Service, suspension of account use, or suspension of transactions, in order to comply with relevant law and/or to manage risk in accordance with the Company's internal policy.
6.2 Once the User's personal data has been received, the Company will use the customer's personal data in accordance with the purposes specified at the time of collection and in accordance with the personal data protection policy or policy relating to use of customer personal data as announced by the Company through various channels.
7. Collection, Use and Disclosure of Data
7.1 In using the Company's Service, the Company will collect, use and disclose the User's personal data and/or that of any other person whose data the User has given to the Company, for the purpose of providing the service under this agreement and for the purposes specified in the Company's privacy policy announcement. The applicant may read further to understand how the Company collects, uses and discloses personal data and the rights of the data subject under relevant personal data protection law, as announced by the Company on the Company's website at https://www.siamdl.co.th/privacy-policy/ and/or the channel prescribed by the Company, or as the Company may change in the future and notify the User by announcement on such website and/or the channel prescribed by the Company. Where the User has provided personal data of another person, the User has a duty to inform such person of the details of collection, use and disclosure of personal data and the rights under such privacy policy announcement.
7.2 The User acknowledges and agrees that the Company may record conversations between the User and the Company, and/or store and/or record and/or process data relating to the User and/or use of the Service and/or any action relating to the User's use of the Service, for the purpose of improving the Company's service and/or for any purpose that is lawfully beneficial to the Company, and as evidence of the service and use of the Service. The User agrees to allow such conversation records and data to be used as evidence against the User under the law. The User shall not dispute in any way. However, the Company has no duty to record or retain such conversation records and/or data.
7.3 The User consents to the Company collecting, using and disclosing personal data for the following purposes. This consent shall remain in effect even after the User has ceased to transact with the Company.
7.3.1 For the purpose of compliance with relevant laws and regulations: (1) Preparation of consolidated asset reports (2) Any action relating to the credit process, data analysis, Company business administration (3) Verification of transactions that may involve fraud or suspicious transactions (4) Compliance with the laws or regulations of any country applicable to the Company (5) Compliance with supervisory criteria as a company in a financial business group under the law on financial institution business (6) Disclosure to the Company's auditors, external auditors, financial institutions, government agencies (7) Any action to comply with relevant law
7.3.2 For the purpose of performance of the contract between the service provider and the customer: (1) Transfer, storage and processing on the Cloud Computing provider's system used by the Company, located in Thailand or abroad (2) Disclosure to contractors or assignees performing under the contract between the User and the Company, or assignees of the Company's rights and/or duties
7.3.3 For any other purpose as the Company may notify the User from time to time in the future.
8. Delivery of Documents
8.1 The Company will deliver documents or electronic evidence through the designated Application channel (such as mobile application or website), and the customer may access and download such documents as specified in the service.
8.2 Documents or evidence delivered through the Application shall be deemed legally valid documents and the customer agrees to accept such documents without signature or certification by an officer.
8.3 The customer agrees to receive documents or evidence delivered through the Application channel and to be deemed to have received the information in full, and to accept the Terms and Conditions of the Service without the need for delivery of documents in paper form.
8.4 The service provider will implement appropriate security measures so that data or documents delivered through the Application are secure and not subject to unauthorized access.
8.5 Where there is a problem or error in the process of delivering documents or evidence through the Application, the service provider will rectify and handle any system error or technical error.
8.6 The customer has the right to cancel use of the Service or receipt of documents through the Application in accordance with the conditions specified in the service terms.
9. Procedure in Case of Error
Where the User finds any error or irregularity in using the Service, the User must notify the Company as soon as possible at the Customer Service Center of Siam Digital Lending Co., Ltd. (SDL Call Center) or through the customer service channel provided by the Company. The User must provide at least the date and time of the transaction, the User's data and that of related persons, and any other data relating to the erroneous transaction as prescribed by the Company. The Company and the User will cooperate to investigate the facts and ascertain the cause of the error and to rectify such error as soon as possible. The Company will inform the User of the result by the method and channel the Company deems fit, such as by telephone, or email, or by any other method or channel the Company may prescribe.
10. Liability and Limitation of Liability of the Company
10.1 Any action taken by the Company in accordance with these Terms and Conditions and/or the data the User has given to the Company and/or the User's request and/or any terms and conditions for use of the Company's Service, whether existing now or to exist in the future, shall be binding on the User in every respect and the Company shall not be liable for any damage to the User and/or any person in any way, except: (1) where it arises from the Company's intentional act or gross negligence in not complying with the request for service or instruction to suspend or block use of the User's Identification Code, and a transaction was conducted through the Company's system or service, provided that the User had submitted the request for service and/or data and/or notice to suspend or block use of such Identification Code correctly in accordance with the criteria, conditions and methods under these Terms and Conditions; or (2) where a transaction was conducted through the Company's system or service wrongfully and it was not the User's fault.
10.2 Where the Company has provided the Service to the User or refrained from providing any service to the User upon the occurrence of any of the following, the User agrees that the Company shall not be liable to the User and/or any person: (1) The User's credit facility with the Company has been suspended (2) The User is subject to legal proceedings (3) The Company had notified the User of the service disruption before or while conducting the transaction and/or using the service (4) The User is in default or does not comply with these Terms and Conditions or any agreement with the Company (5) There is a legal reason, government regulation, court order, government agency, inquiry official or government official that may affect use of the Service, provision of the Service, or conducting a transaction or compliance with these Terms and Conditions (6) It is force majeure.
11. Suspension and/or Termination of the Service
11.1 The Company has the right to refuse to provide the Service, or to suspend or terminate the Application service in whole or in part at any time, by notifying the User not less than 30 (thirty) days in advance, except where the Company considers that performance under these Terms and Conditions or the User's business or conduct may be contrary to law, public order or good morals, or where there are circumstances suggesting that the Service is being used or transactions are being conducted by Robot or fraudulently or wrongfully in any way, or where there is any other necessity that does not allow advance notice. In such cases the Company will notify the applicant as soon as possible.
11.2 Where the applicant wishes to cancel use of the Application, the applicant must notify in writing or through any other channel prescribed by the Company, to inform the Company not less than 30 (thirty) days in advance. The applicant agrees and accepts that the applicant may cancel use of the Application only when the Company has received full repayment of credit obtained through the Application.
11.3 Where the Company finds or suspects that any photograph, biometric data (Biometric), document and/or data received by the Company from the User is not correct, not complete or not true, the User agrees to allow the Company to refuse to provide the Service, or to suspend or terminate the transaction and/or use of the Application and/or any other service at any time without advance notice. The Company shall not be liable for any damage. In addition, if the Company suffers any damage from the provision of service using or relying on such data, the User shall be liable to compensate the Company for such damage.
12. Contact Information and Notices
12.1 When the User changes his/her name and/or surname, address, telephone number or email, or any other personal data from that specified in the service registration or any change after registration, the User must notify the Company in writing through the Application or by any other method or channel the Company may prescribe.
12.2 Any document or notice sent by the Company to the User at the address, telephone number and/or email as notified by the User in the service registration or any change after registration shall be deemed to have been duly sent and the User shall be deemed to have known the content of such document, notice or data.
13. Assignment of Rights and Engagement or Appointment of Third Parties to Provide the Service
13.1 The User is prohibited from assigning the rights and/or duties under this agreement, or the rights and/or duties in the use of the Company's web application, Application and website, to any other person without the Company's prior written consent. The User is also prohibited from exercising any right of set-off against the Company.
13.2 The User agrees to allow the Company to engage and/or appoint and/or have any person or juristic person perform any part of the service, and to assign the Company's rights and/or duties under these Terms and Conditions as the Company deems fit.
14. Governing Law
These Terms and Conditions for the use of the Service shall be governed by and construed in accordance with the laws of Thailand, and the Thai courts shall have jurisdiction over any dispute arising from the use of the Service under these Terms and Conditions.
I agree and accept the agreement for the use of the web application and website, and I have read and acknowledged the Company's privacy policy.