PAYMAYA TERMS AND CONDITIONS
This PayMaya Terms and Conditions shall be valid and applicable to all

I. General Terms and Conditions

1.1 These terms and conditions (“T&C”) govern the terms under which you may access and use the products of PayMaya, which includes the PayMaya Card, Smart Padala, its website and App (as applicable) and the services associated with it (together the “Service”). By accessing, registering or using the Service, you agree to be bound by the terms of this T&C.

1.2 Under these T&C, the terms “PayMaya”, “we”, “us”, and “our” refer to PayMaya Philippines, Inc. together with its employees, directors, affiliates, successors and assigns. PayMaya Philippines, Inc. is a Filipino remittance and electronic money issuer company, duly licensed by the Bangko Sentral ng Pilipinas (BSP).

1.3 The terms “you” and “your” refer to users of the Service, as Senders, Cardholders, Account Holders, Recipients, and other users.

1.4 These T&C shall be effective, valid and binding from the time that you agreed to it and will exist up to the time that it is terminated by you or us, save for some provisions which shall remain effective after termination as stated in this T&C, law, rule or regulation.

II. General Terms of Service

2.1 We are not obliged to process any particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion.

2.2 PayMaya reserves the right to modify, suspend, stop or terminate any of its Service without notice, at any time and from time to time.

2.3 We may, impose limits on the Transaction Amount, subject to fifteen (15) days prior notice to the Account Holders. We may do so on a per Transaction bases or on an aggregate/combined (for Account Holders with duplicate and/or multiple accounts) basis, or on a daily, weekly or monthly basis and either in respect of each Service you request. In the same way, PayMaya may approve purchases, service transactions, or other Card transactions which in the aggregate cause the card usage to exceed the limit without waiving any of PayMaya’s right hereunder.

2.4 PayMaya reserves the right to verify any activity that is done through the Services, especially if it involves compliance with the AML or with other law, rules or regulation.

2.5 Delivery times as stated in our service levels or elsewhere on our website or collaterals are representative of a “normal” or average service and are not a guarantee of an individual Service or transaction time.

2.6 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or due to variations in business hours and currency availability; or otherwise to comply with applicable law.

2.7 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if: (a) PayMaya is unable to verify your identity; (b) PayMaya is unable to verify the identity of the Recipient; (c) You do not comply with information requests pursuant to clause 3.4; or (d) PayMaya reasonably believes you are using the Service, or allowing it to be used, in breach of these T&C or any applicable laws, rules or regulations.

2.8 If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.

2.9 PayMaya shall have the right to automatically suspend or block the transaction in the event that PayMaya has reason to believe that the transaction may be illegal or used for fraudulent or suspicious businesses or by an unauthorized person. PayMaya may, but shall not have the obligation to, inform the Sender prior to suspending or blocking the transaction pursuant to this clause. The Sender acknowledges the authority of PayMaya to suspend or block the transaction and accordingly, the Sender shall hold PayMaya free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which the Sender may suffer as a result thereof.

2.10 Fees and other charges shall be in accordance with the Table of Fees and Charges provided in https://paymaya.com/fees-and-charges/ which may be subject to changes upon discretion of PayMaya and in accordance with the law, rules and regulations. (Please also refer to Annex A for the Table of Fees and Charges)

2.11 Any refunds will be credited back to the same PayMaya Account used to fund the Transaction and in the same currency.

2.12 In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction.

2.13 Account holder authorizes PayMaya and/or any of its Agents to disclose to third parties any and all information Account holder has provided and consent to the use and processing of such information by PayMaya and or any of its agents or third parties with the transaction or any investigation in relation thereto.

III. Your Obligations

3.1 You agree to abide by the obligations stated under this paragraph.

3.2 You will pay all obligations, fees and overdraft that may be imposed depending on the Service that you availed. PayMaya has the right to deduct from your PayMaya account any and all monies that may be due and demandable by PayMaya. In the event that the amount of the Account Holder’s transactions exceeds the available balance in his/her PayMaya Account (“Overdraft") and the transaction was allowed or consummated for any reason, PayMaya has the right to debit the Overdraft from the PayMaya Account of the Account Holder by way of compensation. If the amount in the PayMaya Account is insufficient to pay for some or all of the Overdraft, PayMaya has a right to collect the Overdraft from other accounts of the Account Holder with PayMaya or ask the Account Holder to top-up his/her PayMaya Account to pay for the Overdraft. Non-payment of the Overdraft after notice has been made shall allow PayMaya to either suspend or close the Account.

3.3 You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service.

3.4 You undertake to provide us with: (a) true, accurate current and complete evidence of your identity, and promptly update your personal information if and when it changes; (b) provide us with any identity documentations as may be requested by us; (c) provide us with details of one or more Payment Instruments; (d) provide us with true, accurate, current and complete information as we indicate on the website is required to receive the Service and any other information which may be required in relation to the Recipient; and (e) any other information that must be provided for the Service to be properly executed, as specified when you enter the details of the Service you are interested.

3.5 Once you confirm the Transaction or ask PayMaya to proceed with the Transaction, you cannot cancel nor reverse such transaction. PayMaya shall proceed with crediting the account of the Recipient and once the money or fund is in the account of the Beneficiary or Recipient, PayMaya cannot reverse nor deduct such account without the proper court order.

IV. Loyalty Program

4.1 PayMaya, at its sole option, shall run a Loyalty Program on the use of the Service. Your right and obligation in the Loyalty Program shall be covered by the Terms and Conditions specific to the Loyalty Program.

V. Fees, Rates and Other Charges

5.1 You agree to pay fees, rates and other charges and applicable taxes, related to the Service and its use, as may be imposed by PayMaya.

5.2 All Fees are non-refundable.

5.3 Fees and other charges, as may be applicable, shall be inclusive of all applicable Philippine taxes and shall be debited from the Account Holder’s PayMaya Account or paid upfront.

5.4 Should these fees and other charges result in a debit balance in the Account Holder’s PayMaya Account, the amount shall be due and demandable from the Account Holder and/or debited from the PayMaya account upon the availability or replenishment of funds thereof without prior notice.

5.5 The amount of fees and charges may be revised from time to time as PayMaya may deem necessary.

5.6 Standard carrier fees may be charged by Account Holder’s telecommunications service provider against Account Holder’s prepaid phone balance or postpaid phone account when using the PayMaya Account for various transactions, such as but not limited to balance inquiry, over-the-air loading, ‘remote/off-site’ purchases, Account-to-Account transfer.

VI. Dormancy

6.1 An account is considered dormant when it does not have any client-initiated financial transaction for a period of one (1) year from date of last transaction, despite reminder from PayMaya or if the PayMaya Account remains inactive and/or not loaded over a fixed period of time as may be required by PayMaya or when the PayMaya Account is not renewed or terminated for any reason and the Account Holder does not claim the money in the Account, for the same period of time.

6.2 PayMaya reserves the right to charge a dormancy fee five (5) years after the last client-initiated financial transaction in accordance with the Table of Fees and Charges.

6.3 In case of dormancy, the Account may be zeroed out as a result of fees charged. In this case, PayMaya shall have the discretion to close or purge the account in accordance with the applicable laws, rules and regulations.

VII. SMS – SHORT MESSAGE SERVICES & PHONE MESSAGING APP

This section applies to an Account Holder who signs up for “SMS“(Short Message Service), including Text Alerts and/or Phone Messaging App:

7.1 An Account Holder agrees and authorizes PayMaya to send promotional advertisements of its and of PayMaya partners’ products and services through mail, short messaging service, multimedia messaging services, electronic mail and other forms of telecommunication, unless it has notified PayMaya otherwise.

7.2 We may send notifications in relation to Transactions by SMS. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, our Service Fee, exchange rate and the date on which the Transaction Request was received.

7.3 The details in the Messenger notification/SMS/Text confirmation message after every transaction and/or the entries in the Statement of Transactions, for PayMaya Account, are presumed true and correct unless you notify the Service PayMaya Hotline in writing of any dispute thereon within fifteen (15) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries are deemed true and correct. Disputed transactions shall only be credited back once the claim/dispute has been properly processed, investigated, and proven to be in favor of the Account Holder. The Account Holder shall pay a corresponding processing fee for each sales slip retrieved upon the request of the Account Holder or by PayMaya arising from an invalid dispute.

7.4 An Account Holder shall abide and be bound by the instructions and/or procedures of PayMaya during the use of SMS and/or Messages. The Account Holder shall have no claim, recourse or remedy against PayMaya for any loss, damage and expense incurred arising from non-compliance with such instructions and/or procedures.

7.5 PayMaya is entitled to effect any changes to SMS and/or Messages, suspend and/or terminate SMS and/or Messages and to vary SMS and/or Messages at any time upon its sole and absolute discretion without assigning any reason and without prejudice to any of its rights of action for any antecedent breach of these terms and conditions by an Account Holder.

7.6 An Account Holder may request to terminate the use of SMS Alerts by giving PayMaya seven (7) days written notice by e-mail to support@paymaya.com.

7.7 An Account Holder hereby irrevocably agree to hold free and harmless PayMaya and indemnify PayMaya against all actions, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature as a result of agreeing to this section. PayMaya shall in no way be liable to Account Holder for any action/s it takes in reliance on SMS Alerts purporting to be from PayMaya, but does not proceed from PayMaya’s official SMS Alert number.

VIII. Smart Padala

8.1 Smart Padala is PayMaya’s remittance service wherein Sender may send money to any mobile network in the Philippines through PayMaya’s Smart Padala Agents located nationwide which money may be claimed by the designated Recipient from the Smart Padala Agent or through the Recipient’s mobile wallet account.

8.2 Money in the mobile wallet account of the Recipient may be used for bills payment, purchase of airtime load or purchases allowed using Smart Money.

8.3 As applicable to our Service, we will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Smart Padala Agents by means of information on our website. However, you agree that PayMaya shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.

8.4 For applicable Service, pay us the Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in these Terms and Conditions. If you submit a Transaction Request that results in PayMaya becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees.

IX. Bills Payment

9.1 Customers may pay bills through the following:

9.1.1 Smart Padala Agents. Bills may be paid through any Smart Padala Agents. Customer can present his/her billing statement or account number to the Smart Padala Agent, pay the amount to the Smart Padala Agent, wait for confirmation.

9.1.2 PayMaya In App. Account Holder may select any of the merchants stated in the PayMaya App, type the account number, enter the amount, then pay. Account Holder should have sufficient balance to successfully pay the bills. PayMaya reserves the right to make available the bills payment feature in its application and the merchants listed therein.

9.1.3 Payment of bills does not require a printed receipt from the Biller. The act of paying a biller to a biller’s PayMaya Account and the keying in of the password for the purposes of authorizing a payment, or unlocking for internet transactions, or payment made through PayMaya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel shall be sufficient evidence that the payment made has been authorized, validated, and cannot be disputed by the Account Holder. Once the transaction has been authorized and consummated, PayMaya shall not be held liable for any undelivered goods and non-performance of services, defects, damages, and after-sales services of such goods and/or services, any error in the amount keyed-in or entered, and/or any other dispute between the biller and the Account Holder arising from such payment. The reference number in the SMS/Text message/Message confirmation shall be the Account Holder’s proof of payment.

9.1.4 All bills payment transaction shall be in accordance with the terms of use as stated herein.

X. SELF-LOAD AND MOBILE PAYMENTS

10.1 Loading of airtime and/or payment of goods and services to accredited Merchants using funds from PayMaya shall be available.

10.2 Airtime load may also be purchased through any Smart Padala Agents subject to the terms and conditions herein.

10.3 If Account Holder transacts through PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel, once transaction is acknowledged by PayMaya, this shall be a sufficient evidence that the loading of airtime and/or any activity has been made and validated and cannot be disputed by the Account Holder. The reference number in the SMS/Text message/ Message confirmation shall be the Account Holder’s proof of payment.

XI. FOREIGN PAYMAYA ACCOUNT/CARDHOLDER

11.1 If Account Holder is now or at any time subsequent to the opening of a PayMaya Account, a nonresident of the Philippines or an entity that is not doing business in the Philippines, the Account Holder affirms and acknowledges that his PayMaya Account can only be funded by: (a) Philippine currency proceeds of foreign currency inwardly remitted to the Philippines; and/or (b) by foreign currency sold for Philippine currency and/or proceeds from the conversion of account holder’s real or personal property located in the Philippines. Account Holder agrees that each time he will make or cause to be made a deposit, transfer or remittance of funds into his/her account, he is deemed to make the above representations and may be required by us to present any of the following:

11.1.1 Certificate of Inward Remittance, telegraphic transfer advice or other proof acceptable to PayMaya that the funds deposited, transferred or remitted were sourced from inward remittance of foreign currency;

11.1.2 Proof of conversion of foreign currency to Philippine currency; and/or

11.1.3 Deed of conveyance or similar instrument, duly executed, evidencing the conversion of real or personal property, and reflecting the amount of the consideration for the conversion.

11.1.4 Account Holder affirms and acknowledges that PayMaya may refuse to accept any deposit, transfer, or remittance of funds into your PayMaya Account without prior notice, as a result of your failure to present the above described documents or due to any fraudulent or suspicious activity Account Holder agrees that he shall not hold PayMaya liable for any loss, damage, and/or expense which you may incur as a result of PayMaya’s refusal to accept the funds for whatever reason.

XII. PayMaya Account

12.1 The PayMaya Account is a reloadable electronic wallet that stores Philippine Peso (Php), redeemable only at face value. The value loaded into the PayMaya Account may be used to purchase goods and services via POS or via Online Payments for a Merchant honoring Payment Schemes. It shall not earn interest nor monetary rewards and other similar incentives convertible to cash, nor shall any monetary amount be purchased at a discount. It is not a depository account hence, is not covered by the Philippine Deposit Insurance Corporation (PDIC). It shall be treated as a personal account of the Account Holder and shall not be used to engage in the business of remittance or for any other business purposes, except upon execution of a written agreement with PayMaya allowing such. It is subject to the rules and regulations of the Bangko Sentral ng Pilipinas (BSP) and the Anti-Money Laundering Act (AMLA) and the Data Privacy Act.

12.2 STAND-ALONE CARD. The Account Holder has the option to get a Card by indicating such option in the application form, purchasing it from partner retail channels and other channels which PayMaya may make available. If Account Holder chooses to order online, Card shall be delivered, when available, to his/her registered address.

12.2.1 To protect Account Holder from any adverse incidents, Account Holder must:

(a) Sign the Card as soon as received;

(b) Keep Card in a secure place and treat it with care, as if it was cash;

(c) Make sure the Card is returned by the merchant promptly after a Transaction;

(d) When the PIN notification is received, memorize the PIN and destroy the notification;

(e) Make sure the PIN is not seen/read by any other person when being used in the presence of others;

(f) Change the PIN regularly;

(g) If the PIN is or may have been seen by any other person, change it immediately;

(h) Do not write down or keep PIN on or close to the Card. Disguise and record the PIN;

(i) Do not share, allow any other person to use the Card or PIN.

(j) PayMaya shall never ask for your PIN;

(k) To fully comply and abide by (i) the terms and conditions governing the use of the card, and (ii) laws, statutes and regulations and BSP Circulars relevant to electronic money (e-money)

(l) Account Holder shall be responsible in supplying the correct, updated and accurate information in order for PayMaya to process the Transaction. PayMaya shall solely depend on the information given by the Account Holder, any loss or damage suffered by the error, mistake or incorrect debit/credit in the Transaction, as a result of the information given, shall be borne by the Account Holder.

(m) All Transactions made using the Service are conclusively presumed made by the Account Holder and the Account Holder shall be responsible therefore. The Account Holder has the option to change his/her PIN/password from time to time or when he suspects the possibility of unauthorized present or future use of the account.

12.2.2 Payments using a stand-alone PayMaya Card are limited to In-store Payments only.

12.2.3 The Card is owned by PayMaya and it is not transferable and will be honored by Merchants only when properly signed and presented by the Account Holder in good standing, and the Cardholder signs the required charge invoice or keys-in the card PIN, if purchase is in person.

12.2.4 An Account Holder is in good standing if all of the required documents and proper KYC has been complied with, and his/her privilege to use the Card is not suspended, canceled, terminated, withdrawn or confiscated and has not expired.

12.2.5 The privileges of the CARD may be suspended, canceled or terminated by PayMaya at any time and for whatever cause and the Account Holder agrees to surrender his/her Card upon demand to any PayMaya office and/or branch or to its duly authorized representative.

12.2.6 The Card shall be for the direct use of the Account Holder and shall be held in their own name. Account Holder is prohibited to re-offer or re-sell the Card issued to them.

12.2.7 The Card shall not be used for anything other than what it is intended for (e.g. PayMaya ID Card - for regular Card Use and identification in the workplace) and the Account Holder will bear the risk of any breach in the use of the Card.

12.2.8 ATM Usage. The Card may be used in any Automatic Teller Machine (ATM), provided that: (a) ATM accepts BancNet, Visa or MasterCard transactions; and (b) Account Holder complies with the additional requirements of KYC and AML rules and other procedure. All ATM transactions are treated as cash withdrawal transactions, hence, subject to charges as applicable to the bank who owns the ATM.

12.2.9 LOSS OR THEFT OF PAYMAYA CARD. In case of loss or theft of any of his/her PayMaya Card/s, the Account Holder shall immediately block the card using his/her PayMaya App, Web Portal, or Platform, or access through an accredited Third-Party platform or channel. In case the Account Holder does not have access to a PayMaya App, Web Portal, or Platform, or access through an accredited Third-Party platform or channel, the Account Holder shall immediately inform PayMaya through the Service Hotline of such loss or theft immediately, via telephone or thru a written report. Cancellation of the PayMaya Service/Card shall be processed only upon proper authentication of the phone call or the signature in the written report, as the case may be. Such report shall give details of the place, date, time and circumstances of the incident and the last purchase/s and/or transaction/s made prior to the loss or theft of card. All purchases and transactions made thru the use of the service prior to the report of loss or theft shall continue to be the liability of the Account Holder. A replacement of the PayMaya card may also be created and delivered to the Account Holder, at the cost of the Account Holder. The remaining Peso Value in the cancelled PayMaya Card shall be transferred to the new PayMaya Card.

12.2.10 Without giving any reason or notice, and without prejudice to the other provisions hereof, PayMaya has the absolute discretion (a) to refuse to approve any proposed Card transaction even if there is sufficient available balance; (b) to suspend, terminate or cancel the Account Holder’s right to use the Card; (c) to increase or decrease the balance limit; (d) to refuse to reissue, renew or replace the Card and/or (e) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with the Card account, whether specifically relating to the Account Holder or generally to all or specific Account Holders.

12.3 LOADING VALUE. Account Holders may use his/her PayMaya Account by loading their accounts through the Mobile Banking Service (MBS) or via accredited Top-Up Centers or accredited Merchants.

12.3.1 PayMaya reserves the right to impose a minimum and/or maximum amount per load, per account, depending on business needs and applicable law, rules and regulations.

12.3.2 A stand-alone PayMaya Card may be loaded/reloaded through a loading center. It may also accept transfer of value from another PayMaya Account.

12.3.3 The value loaded into the PayMaya Account may be withdrawn through participating ATMs (as stated in paragraph above) or other accredited money out channels, subject to withdrawal amount limits, and fees as may be applicable. The applicable charges and fees shall be automatically deducted from the balance in the account.

12.4 TRANSFER OF VALUE. An Account Holder may transfer value from his/her PayMaya Account to another PayMaya Account and/or other accredited partners using the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel. Once authenticated and logged-in to the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel and once the transfer is consummated therein, the transfer of any value and/or any activity is deemed valid and cannot be disputed by the Account Holder. Where applicable, recipients of transfer of value or amounts have a limited time to accept the transaction or may themselves cancel the transfer. Once cancelled, or the time allotted has lapsed or expired, the transfer of value will no longer be received, and cannot be disputed by the Account Holder. The Account Holder may notify Service Hotline via telephone or any written notice of any request for balance transfers with a corresponding limit mandated by PayMaya. The request shall be considered valid and final upon authentication of user, based on PayMaya verification process. Verification process may be through a Hotline security verification process or verification via the PayMaya In app messaging facility.

12.5 ‘REMOTE’ / ‘OFF-SITE’ PURCHASES. Payments for goods and services performed ‘off-site’, such as but not limited to access through the Mobile Phone, Phone Messaging App, landline telephone, and internet, where Account Holder is not physically present in the Merchant’s premises when making a purchase, will not require the Account Holder’s signature in the Merchant’s transaction slip. The act of transferring to the Merchant’s assigned PayMaya Account and the keying in of the password for the purposes of authorizing a transfer, or unlocking for internet transactions, shall be sufficient evidence that the payment made has been authorized, validated, and cannot be disputed by the Account Holder. Once the payment transaction has been authorized and consummated, PayMaya shall not be held liable for any undelivered goods or non-performance of services, defects, damages, and after-sales services of such goods and/or services, and/or any other dispute between the biller and the Account Holder arising from such payment.

12.6 DISPUTES OF UNAUTHORIZED TRANSACTIONS. Transactions are authorized when either one or all of the following conditions are met: a) the Account Holder’s signature appears on or is affixed on the sales slip for POS transactions; b) the password/PIN is successfully keyed-in for e-commerce, electronic and/or cellular phone-based transactions; c) SMS is sent from the Account Holder’s Mobile Phone; d) when the Account Holder has successfully unlocked his/her PayMaya Account for internet transactions; or e) once a user is authenticated and logged-in to the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel. This shall be sufficient evidence that any and all activity has been made and validated and cannot be disputed by the Account Holder.

12.7 STATEMENT OF TRANSACTION. The Account Holder at any time may view his/her statement of transactions by logging-in to the PayMaya Account. The mere act of PayMaya, making the Statement of Transactions viewable at any time via PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel is conclusive presumption that the Account Holder has received the same. PayMaya shall be held free and harmless from any and all liability should the Statement of Transactions be read by a person other than the Account Holder. Neither may Account Holder thereafter raise the defense that he/she failed to receive the Statement of Transactions. In all instances, the Account Holder may inquire about the Statement of Transactions by contacting the PayMaya Hotline. Statement of Transactions as viewed in the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel shall be a conclusive account of Account Holder’s transaction. Any dispute shall be handled in accordance with clause 6.5 above.

12.8 CHANGE OF PERSONAL INFORMATION. The Account Holder shall immediately notify PayMaya Hotline via telephone or a written notice of any change in his/her residence, office or mailing address and/or telephone number/s, which shall be subject to verification by PayMaya through presentation of proper documents such as, but not limited to true copies of certification from the NSO, marriage certificate, or court order, as proof or evidence of such change. The request shall be considered valid and final upon authentication of user, based on PayMaya verification process. Verification process may be through a Hotline security verification process or verification via the PayMaya In app messaging facility.

12.9 EXPIRY, RENEWAL, REINSTATEMENT, CANCELLATION OF ACCOUNT

12.9.1 The Account Holder shall not use the PayMaya Account after the expiry date indicated thereon. Renewal of the PayMaya Account shall be subject to the approval of PayMaya. PayMaya Account which has been suspended by PayMaya may be reinstated by PayMaya at its option.

12.9.2 TERMINATION OF PAYMAYA SERVICE. Should the Account Holder: (a) fail to comply with the T&C provided herein or for any reason fail to renew the PayMaya Account; (b) the PayMaya Account is not renewed by PayMaya; (c) the account contains suspicious/fraudulent activity; or (d) Account Holder dies or becomes insolvent, however evidenced, the right to use the PayMaya account shall be terminated without prior notice.

12.9.3 PayMaya at its exclusive option and without giving any reason and/or prior notice to the Account Holder may block, suspend, cancel and withdraw or terminate the Card issued and/or its privileges at any time for whatever reason, including but not limited to Account Holder’s default, non-payment, financial incapacity, change in personal and/or economic circumstance, change in residency status or country or territory of stay, failure to provide additional documents requested by PayMaya, misrepresentation and fraud.

12.9.4 In all instances, the Account Holder’s continued use upon suspension, termination or expiration shall be considered a fraudulent act and will be a ground for criminal action.

12.9.5 In all instances, any aggregate and unpaid charges, fees and other expenses for which the Account Holder is liable shall immediately become due without need of demand and may be immediately debited without prior notice from any remaining funds, money, assets of the aforementioned Account Holder.

12.9.6 The Account Holder agrees to surrender the Card upon demand by PayMaya or to a Merchant. In the event of any suspension, termination or confiscation of the Service, the Account Holder agrees to hold PayMaya free and harmless from any claim, damages, loss, expense, suit or liability whatsoever, arising from such suspension, termination or confiscation.

XIII. EXCLUSION FROM LIABILITY

13.1 PayMaya makes no warranty, express or implied, regarding the performance or functionalities of the Service offered hereunder.

13.2 The Service is offered on an “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this T&C. Without limiting the generality of the foregoing, PayMaya makes no warranty (1) as to the content, quality or accuracy of data or information provided by PayMaya hereunder or received or transmitted using the PayMaya service functionalities; (2) as to any service or product obtained using the Service functionalities; (3) that the Service will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.

13.3 PayMaya shall not be liable for any loss, costs, compensation, damage or liability to the Account Holder or third party arising directly or indirectly as a result of any or all of the following:

13.3.1 Refusal of PayMaya or any other bank, financial institution, ATM or Merchant and the like to allow, accept or honor the PayMaya card/account, even if there is sufficient balance available.

13.3.2 If PayMaya does not approve any service transactions or settlement under the Service of the Account Holder even if there is sufficient balance limit available.

13.3.3 The Service is honored by any other bank, financial institution, ATM or Merchant, however payment transaction is not authorized for any reason whatsoever.

13.3.4 Any defective product or quality of service purchased through the Service.

13.3.5 Adjustments or reversals caused by incorrect entries, a missed or misdirected credit to the PayMaya Account.

13.3.6 Account Holder is unable to perform or complete any transaction thru the use of Mobile Phone or Service online payments due to service/system/line unavailability.

13.3.7 Any delay, interruption or termination of the Service transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond PayMaya’s control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation).

13.3.8 Theft or unauthorized use of the PayMaya account/card or any loss, costs, damages or payable to any third party by the Account Holder.

13.3.9 Any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees or agents of Top-Up Centers.

13.3.10 An Account Holder shall not hold PayMaya responsible or liable for any loss or damage which he may incur or suffer directly or indirectly arising out of or in connection with the Services due to any reason whatsoever including but not limited to breakdown or malfunction of the computer, its terminal connection lines, data processing system or transmission line whether or not belonging to PayMaya or any circumstances beyond PayMaya’s control.

13.3.11 In the event of any unauthorized use of the Service, PayMaya shall not be liable for any inconvenience or damage caused to the Account Holder or any third person. Moreover, PayMaya shall not be liable for any failure by the Account Holder to avail itself of the Service for any reason whatsoever.

13.3.12 An Account Holder shall not hold PayMaya liable or responsible for any loss or damage arising from possible data breach or exposure when using the card and/or Service together with their SSS, TIN, and other personal information.

13.3.13 PayMaya reserves the right to hold promo benefits if there is an abuse of the promo or the account is compromised or deemed fraudulent.

13.4 LIMITATION OF LIABILITY. In the event of any action that the Account Holder may file against the PayMaya, the Account Holder agrees that the PayMaya’s liability shall not exceed One Thousand Pesos (P1,000.00) or the amount of damages actually suffered by the Account Holder, whichever is lower.

XIV. DATA PRIVACY NOTICE

14.1 As a condition for use of the service, Account Holder permits PayMaya and its subsidiaries, affiliates, and authorized subcontractors to process and/or disclose personal data, including data that may be classified as personal information and/or sensitive personal information under the Data Privacy Act of 2012, to authorized agents, subsidiaries, affiliates, partners, and other authorized third parties, in order to undertake activities that may include, among others:

14.2 Conducting analysis for purposes of research and marketing initiatives, including the creation of Account Holder’s personal profile based on his/her interests, preferences, mobility patterns from physical locations that he/she may visit, and other information that may be relevant for marketing and market research purposes;

14.3 Managing Account Holder’s account, providing customer care activities, monitoring the quality and security of the network, training the staff, and providing services in a timely and efficient manner, and ensuring your fair and lawful use of the products and services provided by PayMaya Philippines Inc.;

14.4 Generating statistical insights based on Account Holder’s usage and other information to assist the Government in planning for healthcare, disaster, and other similar initiatives;

14.5 Credit scoring programs and initiatives, including but not limited to providing information to the Credit Information Corporation in furtherance of the objectives of Republic Act No. 9501, otherwise known as the Credit Information System Act;

14.6 Sending commercial and promotional advertisements, loyalty and rewards offers, surveys, customer-care, and after sales communications, and other broadcast push messages;

14.7 Sharing Account Holder’s personal data with PayMaya Philippines Inc.’s business partners, authorized third-party content providers or other authorized third-party services; and

14.8 Such other processing or disclosure that may be required under law or regulations.

14.9 The Account Holder’s personal data may be obtained in many ways including through market research activities, PayMaya App, Web Portal, or Platform, through an accredited Third-Party platform or channel, and from PayMaya’s subsidiaries, affiliates, business partners, and third-party service providers;

14.10 The Account Holder’s personal data will be maintained in PayMaya Philippines Inc.’s records throughout his/her availment of the service and for as long as necessary for the fulfillment of the purposes for which the information was obtained or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law, rules and regulations. The Account Holder is afforded certain rights in relation to his/her personal data under the Data Privacy Act, including the right to object to processing, the right to access his/her data, the right to rectification of inaccurate data, and the right to erasure or blocking of data.

14.11 In order to provide the highest quality service, we exchange anonymized and non-personally identifiable data with our business partners. For a list of our partners, please visit https://paymaya.com/partners/ listing recipients].

XV. GOVERNING LAW

This terms and condition shall be construed and governed in accordance with the laws of the Philippines.

XVI. VENUE OF LITIGATION

Venue of all suits shall exclusively be at Makati City only to the exclusion of all other courts.

XVII. NON-WAIVER OF RIGHTS BY PAYMAYA

Failure, omission, or delay on the part of PayMaya to exercise its right or remedies under these Terms and Conditions shall not operate as a waiver. Any such waiver shall be valid only when reduced in writing and delivered to the Account Holder.

XVIII. SEPARABILITY CLAUSE

Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

XIX. AMENDMENTS

PayMaya may at any time and for whatever reason it may deem proper, amend, revise or modify these Terms and Conditions without further notice. It is the Account Holder’s responsibility to regularly check any changes to these Terms and Conditions at www.PayMaya.com/tos/. The Account Holder’s continued use of the PayMaya service after any such changes constitutes acceptance of the new Terms and Conditions. Failure to notify PayMaya of Account Holder’s intention to terminate his/her account shall be construed as acceptance by the Account Holder of the amendments to these Terms and Conditions.

XX. AGREEMENT

The Account Holder agrees to be bound by the Terms and Conditions, Terms of Service and the Privacy Policy governing the issuance and use of the PayMaya service. Should the Account Holder disagree with the Terms and Conditions, Terms of Service and the Privacy Policy the Account Holder shall cut the PayMaya Card (if applicable) in half or delete the PayMaya Application from his/her device (if applicable), and call or provide a written notice of cancellation to PayMaya service Hotline indicated below, otherwise, the Account Holder shall continue to be liable for all charges incurred through the use of the PayMaya service.

XXI. NOTICES

All notice requirements shall be as stated in this T&C. If PayMaya is required to send notice to you, it shall do so through SMS, email, or registered mail which shall be sent to your registered address.

XXII. COMPLAINTS HANDLING PROCEDURE

Our customer's financial questions, needs and feedbacks are very important. If you have any concerns about a procedure or have encountered a problem with our service, you may contact our Customer Service number:

PayMaya Customer Service No. (632)845-7788; Domestic Toll-Free Landline: 1-800-108457788 For any complaints, suggestions and /or comments on the Smart Padala service, customers should contact PPI’s customer service hotline no.15177 (Toll free via SMART SIM) and /or (02) 845-7777 or 1-800- 1-888-5648 (via Hotline).

You have our assurance that we will handle your concerns with utmost confidentiality and will strive to resolve them as soon as possible.

PayMaya fully cooperates with the BSP in the handling of complaints.

Financial Consumer Protection Department of the Bangko Sentral ng Pilipinas (BSP): Tel. No.: (632) 708.7325; Fax No.: (632) 708.7345).

DEFINITION

1.1 Account Holder – refers to an individual who uses the PayMaya service (“Service”) and whose name appears on the online form, or signed enrollment form or application form, or the Card, as may be applicable. Refers also to the Principal Account Holder.

1.2 Airtime – refers to the time measured by mobile phone operators (or carriers) when they measure usage. It is typically measured in minutes for voice calls but can also cover text and data usage.

1.3 Biller – refers to any accredited company authorized to accept bills payment using the Service.

1.4 Card – refers to the PayMaya Card which is a reloadable cash card issued by PayMaya used for the payment of goods and services.

1.5 In-Store Payments - refers to face-to-face transactions by the account holder using the PayMaya card.

1.6 Loading Center -- interchangeable with a top-up or load-up center as it also refers to any accredited center authorized by PayMaya to perform the Service, such as PayMaya stores.

1.7 Merchant – refers to a business establishment, accredited by a financial institution to accept payments for the purchase of goods and services using the Service.

1.8 Message – refers to communication message sent through the Facebook Messenger or other Phone Messaging App.

1.9 Mobile Banking Service (MBS) - service that allows subscribers to access and manage their enrolled bank accounts using the PayMaya Mobile Banking menu.

1.10 Online Payments – refers to the payment by an Account Holder to an online Merchant over the internet.

1.11 PayMaya – refers to PayMaya Philippines, Inc., a non-bank financial institution regulated by the Bangko Sentral ng Pilipinas.

1.12 PayMaya Account – refers to an account that stores Philippine Peso (Php) value in the PayMaya system which may be linked to the Account Holder’s mobile phone and which may or may not be evidenced by a physical Card.

1.13 PayMaya App/PayMaya Web Portal - mobile application that serves as the interface between the account holder and his PayMaya Account, which terms of use shall be in accordance with the Terms of Service and User’s Guide found in the said PayMaya App or PayMaya Web Portal.

1.14 Payment Schemes – refer to payment networks linked to payment cards, such as debit or credit cards, of which a bank or any other eligible financial institution can become a member. By becoming a member of the scheme, the member then gets the possibility to issue or acquire cards operating on the network of that card scheme.

1.15 Phone Messaging App - refers to software or application that enables messages to be sent and received.

1.16 Peso Value -- refers to the equivalent monetary value in Philippine Peso (Php) used as a basis for all account transactions in the Philippines.

1.17 POS or Point of Sale Terminal – refers to the device or terminal used by a merchant to accept and process payments.

1.18 Short Message Services (SMS) – refers to a communications protocol allowing the interchange of short text messages between mobile telephone devices.

1.19 Top-Up Center – refers to any accredited center authorized by PayMaya to perform the Service, such as PayMaya stores.

1.20 User’s Guide – refers to the instructions provided on the functionalities of the Service issued to Account Holders and may be amended by PayMaya from time to time.

1.21 Transaction – refers to any and all acts that the Account Holder does to its PayMaya Account to avail of the Services that PayMaya offers.

1.22 Transaction Amount – refers to the sum of money which an Account Holder uses in order to effect the Transaction.

1.23 Transaction Request – refers to the request of an Account Holder to effect a Service in his/her account.

1.24 Sender/s – refers to a person who sends money using the PayMaya’s remittance service

1.25 Recipients – refers to a person to whom money or value is paid or credited through the PayMaya’s remittance service

1.26 Smart Padala Agents - refers to a brick and mortar structured business of an individual where a customer may go to, to avail the PayMaya’s remittance services

1.27 Overdraft – refers to a deficit in an account caused by drawing more money than the account holds

1.28 PayMaya Account is as defined under clause 12.1.

1.29 KYC – refers to the process of a business identifying and verifying the identify of its customers. The term is also used to refer to the anti-money laundering regulations which governs these activities.

1.30 PIN – refers to a Personal Identification Number

1.31 Peso Value - refers to the equivalent monetary value in Philippine Peso (Php) used as a basis for all account transactions in the Philippines.

1.32 PayMaya In app – made or available from within a PayMaya app on a mobile device, without the need to visit a separate online site.

1.33 Smart Padala International – is a product feature of Smart Padala wherein Sender may remit money from abroad and Recipient may receive international remittance.

Annex A

Table of Fees and Charges

A. PayMaya

a. The Account Holder shall pay card replacement fees (PhP 250.00) excluding shipping costs and dormancy fees (1% of the balance with a maximum PhP 30.00/month) in such amounts as may be fixed by PayMaya Philippines, Inc. to entitle the Account Holder to the use of the PayMaya service and the privileges that come with it.

b. dormancy fee (1% of the balance with a maximum PhP 30.00/month)

B. Smart Padala

(date as of May 21, 2018)

These table of fees and charges is subject to changes upon the sole discretion of PayMaya and in accordance with the law, rules and regulations.


TRANSACTION CHARGES and FEES
Send Money
PayMaya to PayMaya

Free
Send Money
PayMaya to Smart Money (v.v.)
1.5%
(Sender pays)
Send Money
PayMaya to Gcash (v.v.)
Free – Promo Period
(Sender pays)
Reload
Convenience Stores / Kiosks

Free
Reload
Malls (SM & Robinson's)

Free
Reload
Smart Stores

Free
Reload
Padala Centers

1.50%
Reload
Bank - BDO ATM & Online

Free
ATM Withdrawal
Bancnet
Php 15.00*
*Additional fees may apply depending on the bank ATM
ATM Withdrawal
Landbank

Php 5.00
ATM Withdrawal
International
USD 2.00 - USD 5.00*
*Additional fees may apply depending on the bank ATM
ATM Balance Inquiry Php 2.50
Maintaining Balance
No Fees



TERMS OF SERVICE (Digital)

DEFINITION OF TERMS

1. “Terms” used in this document pertains to the whole of this “Terms and Conditions of Use” including its subsequent amendments or revisions.

2. “Services” means both mobile applications, channels and services, including all associated platforms linked therefrom, PayMaya, server and database, as well as all material, information, content, application and functionality available in and through them.

3. “We” refers to the vendors and providers of the Services, including but not limited to PayMaya, its directors, officers, employees, agents, and/or assignees and successors, as well as the owners/operators, affiliates, and/or licensors of the Services.

4. “You” refers to you as a user of the Services, and includes your agents, assignees, or successors, as well as your parents or legal guardians, as the case may be, for those below the age of majority.

5. “User content” refers to any content generated or uploaded by a user of the Services, which includes photographs, videos, music or other multimedia files, documents, information, or anything else that can be stored electronically.

6. “PayMaya” refers to PayMaya Philippines, Inc.

USER REPRESENTATION AND WARRANTIES

1. By visiting and/or using the Services, you signify your agreement to these Terms and you further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between PayMaya and you.

2. You must be more than 18 years of age, or that you possess legal parental or guardian consent (for ages 12-17), and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms.

3. By visiting and/or using the Services, you declare, represent and warrant that you understand that when using it, you will be exposed to content, material or information from a variety of sources, and that PayMaya is not responsible for the accuracy, usefulness, safety, completeness, or intellectual property rights of or relating to such content, material or information, user generated, submitted or otherwise, including those content, material or information that may be linked to it.

4. You further understand and acknowledge PayMaya may have or may develop and implement additional features and tie-ups with other entities. By virtue of such, you may be exposed to content that may infringe on your intellectual property rights or that of your principal; or content that may be violative of your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and that these you undertake at your own risk, and you hereby agree that PayMaya shall not be responsible, liable, or accountable for any of the foregoing. You also agree to indemnify and hold PayMaya harmless to the fullest extent allowed by law regarding all matters related to or arising out of your use of the Services.

5. By visiting and/or using the Services, you declare, undertake and affirm that you take sole responsibility for whatever consequences that may arise out of your visit and/or use of the Services. You understand that PayMaya shall not be liable for, and you hereby hold PayMaya free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, the Services. On the other hand, you declare, undertake and affirm that you shall indemnify PayMaya for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Services. You further agree, undertake, and commit to indemnify PayMaya for any breach of its proprietary and other rights, including breach of these Terms, which you may commit in the course of or arising out of your use of the Services.

6. You further declare, represent and warrant that you are aware that any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to your User Content without prior notice and without need of explicit consent from you anymore as you now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and obligation to respect uphold and honor any intellectual property rights which may cover such any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services.

7. You acknowledge that any material, information or content which you create, upload, transmit, or display while using the Services may become publicly available, whether or not intended by you or by PayMaya for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information or content which you create, upload, transmit or display using the Services. By visiting and/or using the Services, you hereby declare, acknowledge, and affirm to hold PayMaya free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, regardless of negligence, lack of foresight, or lack of skill on the part of PayMaya which may be directly or indirectly contributory to such unauthorized or unlawful use.

8. You also acknowledge that you are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to PayMaya and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities you may have incurred or may still incur relative to your use of the Services, as such termination of use of the Services and/or closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the rights which may have accrued in favor of PayMaya including the rights, consents, permissions and licenses to use any and/or all User Content that you have created, uploaded, transmitted, or displayed using the Services.


ACCEPTABLE USE POLICY

YOU AND THE SERVICES

1. You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of PayMaya You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo.

2. You agree not to alter, modify, or cause the alteration or modification, of the Services, without prior written consent from PayMaya You further agree not to use the Services for any commercial use, without prior written authority from PayMaya

3. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.

4. You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.

5. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material or information available on or through the Services, as well as those that enforce limitations on the use of the Services.

6. You agree not to probe, scan or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or any other customer of PayMaya including any account maintained with the Services not owned by you, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.

7. You agree to use or access the Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.

8. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services.

9. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.

10. You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of PayMaya or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by PayMaya or by the owner of that content, material or information in a separate agreement.

YOU AND USER CONTENT

1. You agree to and hereby undertake the sole responsibility and hold PayMaya free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services, and hereby stipulate admission of liability to PayMaya for whatever loss or damage PayMaya may suffer as a consequence of your use or misuse of the Services.

2. You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize PayMaya to use any and/or all User Content that you create, upload, transmit, or display using the Services.

3. You agree not to use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment or causing damage.

4. You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in pyramid, ponzi or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose.

5. You represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize PayMaya to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Services, as you hereby authorize and grant PayMaya perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Services, in a manner PayMaya may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm and warrant to hold PayMaya free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which PayMaya made available your User Content.

6. Unless otherwise agreed in writing with PayMaya you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the Services. You further acknowledge, agree, and admit that PayMaya is not responsible for the actions of other users or any third party and hereby free PayMaya and waive in its favor any or whatever right or claim you or your principal may have against PayMaya relative to any User Content which you or a third party may create, upload, transmit or display using the Services.

7. You agree to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the Services.

8. You agree that by supplying its personal information for the purpose of availing yourself of the Service, you expressly consent to the processing of its supplied personal information for the purpose of creating and maintaining your account. Such consent includes authorization for PayMaya to disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers and other consultants, pre-paid/debit/credit bureaus or any such persons as PayMaya deems necessary, or as required by law, rule or regulation.

THIRD PARTY CONTENT & SERVICES

1. The Services contains content provided by third party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third-Party Services; or the content, products, or services available on or through such Third-Party Services. The availability of such Third-Party services does not imply any endorsement by us of such Third-Party services or the content, products, or services available therefrom.

2. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third-Party Services.

3. PayMaya makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.

RESERVED RIGHTS

1. You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to deny access to and / or discontinue the Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold PayMaya free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services.

2. You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold PayMaya free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services.

3. You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.

4. You understand and agree that PayMaya reserves the right, at its sole discretion, to verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow PayMaya to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process PayMaya Philippine’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by PayMaya provide the latter with certified digital or printed copies of the said information.

5. You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and PayMaya. PayMaya makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold PayMaya free from any liability and/or claims for indemnification or damages that may arise therefrom.

6. You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that PayMaya reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and with prior written notice to you sixty (60) days prior to effective date of change in fees / charges /penalties.

7. You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.

8. You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms. Non-enforcement of any of the rights of PayMaya under these Terms, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by PayMaya by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify PayMaya or any third party for any damage PayMaya or said third party may sustain as a result of your use of the Services.

9. You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold PayMaya free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

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