Zybi Tech Inc. – A Remittance and Transfer Company with a Type “C”
E-Money Issuer with Virtual Service Exchange service duly
registered with the Securities and Exchange Commission and
BangkoSentral ng Pilipinas. Zybi Tech Inc operates the Juan Cash
application, JuanExchange Virtual Currency Exchange and associated
or supporting applications. Hereafter referred to as Zybi Tech.
- JuanCash – An electronic money product equivalent to Peso.
JuanWorld – A platform and application suite that brings together
JuanWorld – A platform and application suite that brings together
e-money, virtual currency exchange, and other related services.
Hereafter referred to as the Platform.
JuanExchange – A virtual currency exchange platform integrated
with Juan World. Unless otherwise specified, JuanCash,
JuanExchange, and other related services offered by Zybi Tech in
the Juan World platformare hereafter collectively referred to as
These Terms and Conditions govern your access of the Platform and
use of the JuanWorld,JuanCash, and JuanExchange services as
defined under these Terms and Conditions.
All references under these Terms and Conditions to “Zybi Tech”,
“we,” “us,” or “our” shall refer to Zybi Tech Inc. and its related
By accessing the Platform and/or using the Services, you, the
Customer, agree to be bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions, please do not
access and/or use this Platform and/or the Services.
DEFINITIONS AND INTERPRETATION
Any reference in these Terms and Conditions to any provision of a
statute shall be construed as a reference to thatprovision as
amended, re-enacted or extended at the relevant time.
Under these Terms and Conditions, whenever the words ‘include’,
‘includes’ or ‘including’ are used, they will bedeemed to be
followed by the words ‘without limitation’.
Unless expressly indicated otherwise, all references to a number
of days mean calendar days, and the words ‘month’or ‘monthly’ and
all references to a number of months shall refer to calendar
Clause headings are inserted for convenience only and shall not
affect the interpretation of these Terms of Conditions.
In the event of a conflict or inconsistency between any two or
more provisions under these Terms and Conditions, such conflict or
inconsistency shall be resolved in favor ofZybi Tech, and the
provision which is more favorable to Zybi Tech shall prevail.
ACCESS TO THE PLATFORM AND SERVICES
You agree to:
i. Access the Platform and/or use the Services only for lawful
purposes and in a lawful manner at all timesand further agree
to conduct any activity relating to the Services or the
Platform in good faith;
ii. Comply with any and all guidelines, notices, operating
rules, and policies and instructions pertaining to the use of
the Services and/or access to the Platform, as well as any
amendments thereto issued by us from time to time; and
iii. Ensure that any information or data you post or cause to
appear on the Platform in connection with the Services is
Access to password protected areas of the Platform and/or use of
the Services are restricted to Customers with Platform accounts
only. You may not obtain or attempt to obtain unauthorized access
to such parts of this Platform and/or Services, or to any other
protected information on the Platform, through any means not
intentionally made available by us for your specific use.
If you are below 18 years old, you must obtain consent from your
parent(s) or legal guardian(s). By consenting to your acceptance
of these Terms and Conditions, your parent(s) or legal
guardian(s) are agreeing to take responsibility for:
your actions in your access and use of the Platform and/or the
any charges associated with your use of any of the Services;
- your compliance with these Terms and Conditions.
If you do not have consent from your parent(s) or legal
guardian(s), you must cease accessing the Platform and using the
Zybi Tech, the Platform, and Services support the trading of digital
currencies according to instructions from Customers. Submitted virtual
currency transactions must undergo confirmation by the virtual
currency network and as such, will remain in an unconfirmed status
until such time that the Platform is able to ensure the transaction’s
completion. Assets of funds related to a pending virtual currency
transaction will be put on hold accordingly.
Zybi Tech and the Platform may charge fees related to the processing
of digital currency transactions on the Customer’s behalf. The amount
will be confirmed with the customer before the transaction, and the
Customer will have to accept before the transaction is executed.
If Zybi Tech determines an onset of abnormally disadvantageous trades
(to the Company or the Customer), Zybi Tech may suspend virtual
currency exchange operations without giving prior notice. The
suspension may last until Zybi Tech determines that the underlying
indicators have returned to normalcy.
Zybi Tech reserves the right to reverse or cancel transactions
completed during the abnormal trading event.
Zybi Tech is also not liable for any opportunity losses that the
Customer may incur during suspension of trading.
The following sections describe risks associated with (but not unique
to) virtual currency use and trading. Zybi Tech bears no
responsibility for protecting the customer against these risks.
The Customer must be aware that the prices of virtual currencies may
surge or drop precipitously at any time. This may be affected by
factors such as (but not limited to):
- Changing supply and demand
- Political events
- Economic events
Changes to regulations governing the virtual currency market
Compromised accounts, passwords, or keys
Virtual currency wallets have public and private keys, both consisting
of symbols and characters. The public key can be shared with other
users, it allows the user to receive cryptocurrencies into his or her
Private keys, on the other hand, must always be safeguarded. If a
private key is lost, the user will not be able to withdraw from his
own account. If a private key is compromised, unauthorized actors can
gain control or steal the contents of the virtual currency wallet.
While Zybi Tech has support processes that can assist a Customer in
gaining back control of compromised assets, Zybi Tech is not liable
for any loses caused by compromised accounts, passwords, or keys.
WhileZybi Tech applies Know Your Customer (KYC) and Risk Management
procedures on all Customer Accounts, we do not guarantee their
identity nor their actions. The Customer must exercise his or her own
good judgement when dealing with other actors within the Platform.
Zybi Tech Inc is not responsible for malicious or fraudulent intent
that its Customers may engage in while using the Platform.
Bugs and flaws
Zybi Tech may not detect all exploitable bugs in the programming of
the Platform, and may also, due to normal course of application design
and development, introduce flaws in programming that can be exploited
by malicious actors or other Customers. Said bugs and flaws can result
in customer data breaches and loss of digital assets.
Network or security breach
Zybi Tech may suffer malicious breaches and cyberattacks that could
result in the Customer’s identity data and digital assets being
GENERAL USE OF THE SERVICES
Description of payment service
Zybi Tech operates an electronic payment service that enables you
to send and receive payments from third parties authorized and
approved by the platform. Zybi Tech reserves the right to amend
any functionality to send and receive payments from other users
via the Platform.
Upon your registration with the Platform, an online account which
holds electronic funds for use in online transactions("Customer
Account") will be created for you.
The Platform acts as your agent solely in relation to the custody
of your electronic funds in your Customer Account. The Platform
maintains separate and independent funds for our corporate
purposes and the funds available in your account are exclusively
for your own use only.
You understand and accept that:
Zybi Tech is not licensed as a bank, nor does it provide
banking services and/or functions which are integral or
closely related to the banking business. Zybi Tech is not
allowed to extend any form of credit or lending, nor engage in
the business of accepting deposits;
The Customer Account is not insured by any government agency
and there is no voluntary or compulsory scheme in which Zybi
Tech is a member which compensates the Customer in the event
Zybi Tech becomes unable to satisfy claims relating to your
Customer Account or otherwise in relation to the Services; and
Zybi Tech does not act as a trustee or accept any fiduciary
role in respect of the electronic funds in yourCustomer
E-money or electronic funds in the e-wallet may only be
redeemed at face value. It shall not earn interest nor rewards
and other similar incentives convertible to cash, nor be
purchased at a discount.
Lastly, Zybi Tech clearly aims to provide services as e-money
issuer (EMI) and that it assumes and declares its responsibility
to its e-money holders. Zybi Tech shall ensure that e-money
instruments clearly identify the Issuer, Zybi Tech Inc who is
ultimately responsible to the e-money holders.
The registration process requires you to provide us with accurate
and complete personal information, including your name, address,
telephone number, date of birth and email address ("Registration
Information") in order to become and continue to be a Customer.
We may request for additional information or documentation at any
time and for any reason, including but not limited to confirming
your identity, age and/or to confirm your bank details or debit,
credit, prepaid facilities, for example, cards which you have
registered with us. You agree that you will provide such
information and/or documentation promptly to us upon request. If
you do not provide such information and/or documentation promptly,
we may, without any liability to you, either limit your use of the
Services or suspend or close your Customer Account.
You authorize Zybi Tech to make any enquiries it considers
necessary to validate and verify your identity (whetherdirectly or
through third parties) at any time for any reason whatsoever.
Each individual is only entitled to open one (1) Customer Account.
If you open more than one Customer Account, Zybi Tech shall
contact you to identify your primary Customer Account and Zybi
Tech may, without any liability to you, close any other Customer
Account(s) that you may have opened upon transferring any
remaining account balances in any other Customer Account(s) to
your primary Customer Account.
You may be required to have a username and/or password to access
the Services or parts thereof and such usernameand/or password
may either be:
- Issued to you by the Platform; or
- Created and provided by you.
Zybi Tech reserves absolute and sole discretion to invalidate any
username and/or password assigned or created without providing you
with any reason or prior notice and we shall not be liable for any
loss, damage or expense suffered by you as a result of such
You are required to ensure that all information provided to Zybi
Tech is accurate and up to date. In the event of anychange in your
information, please notify Zybi Tech as soon as possible.
All Personal Data provided to Zybi Tech will be handled, stored,
accepting these Terms and Conditions, you acknowledge that you
collection, use and disclosure of your Personal Data for the
You are solely responsible for keeping your username and password
to the Services secure. You are encouraged to change your password
on a regular basis and we will not be liable for any disclosure or
unauthorized use of your username or password. If your username or
password has been compromised, you must inform Zybi Tech
Any use of your username or password on the Zybi Tech website or
Platform shall be deemed use of the Services. Any information,
data, or communication posted, transmitted, or issued during the
period where you are logged in with your username and password
(whether authorized or unauthorized) shall be deemed to be posted,
transmitted, or issued by you. You will be solely responsible for
any such transmission, notice or communication and agree
toindemnify and hold harmless Zybi Tech from any loss, damage,
expense, and/or liability for actions attributable to the use of
your username and password on the Zybi Tech website or Platform.
Zybi Tech may, from time to time, upon giving notice, impose fees and
charges as set for in Schedule A, for the use of the Services. You
hereby authorize Zybi Tech to debit or charge your account for the
amount of such fees and charges without the need of demand. If at any
time, there are insufficient funds to your account to cover the fees
and charges, may suspend or terminate the use of the Services without
Zybi Tech incurring any liability as a result thereof.
Adding funds to your account
You hereby authorize Zybi Tech to receive funds on your behalf
from your chosen payment source. You agree to upload electronic
funds to your Customer Account in accordance with the directions
available under the Support Area of the platform (as may be
amended by Zybi Tech from time to time) and you agree that you
will not use any unauthorized, invalid or illegal payment method
to upload electronic funds to your Customer Account.
Zybi Tech may conduct know-your-customer or due diligence checks
in accordance with any applicable regulatoryrequirements, as well
as an internal risk assessment, before clearing funds for receipt
by your account.
Electronic funds uploaded to your Customer Account are not
considered as cash deposits. Zybi Tech reiterates that the funds
may only be redeemed at face value and they are not eligible to
earn interest nor rewards and other similar incentives convertible
to cash, nor be purchased at a discount.
Payment using the Services may only be made to merchants who are
registered and approved by Zybi Tech (“Merchants”).
When you make a payment from your Customer Account, Zybi Tech
will, upon conducting all necessary checks and verification,
authorize the transfer of the necessary electronic funds including
any applicable fees or charges, from your Customer Account.
You acknowledge and agree that if there are insufficient funds in
your Customer Account to make the necessary payment, Zybi Tech
will not authorize the payment and has the right to cancel the
transaction. Zybi Tech shall not be liable for any loss, damage or
liability suffered or incurred by you from a transaction being
cancelled due to insufficient funds in your Customer Account.
In connection with your use of the Zybi Tech Platform, or the
Services, or in the course of your interaction with Zybi
Tech,another Customer, a Merchant or any other third party
through the Zybi Tech website, you must not:
other policy featured on the Zybi Tech platform;
- violate any laws, regulations or third party rights;
infringe Zybi Tech's or any third party's copyright, patent,
trademark, trade secret or other intellectualproperty rights,
or rights of publicity or privacy;
impersonate any person or entity or falsely state or
misrepresent your affiliation with any person orentity;
act in a manner that is defamatory, libelous, unlawfully
threatening or harassing;
provide false, fraudulent, inaccurate or misleading
unreasonably refuse to cooperate in an investigation by Zybi
Tech or provide confirmation of your identityor other
requested information to Zybi Tech;
attempt to receive funds from both Zybi Tech and a Merchant or
other third-party seller for the sametransaction by submitting
- use an anonymizing proxy;
control a Customer Account that is linked in any way to
another account that has or suspected to beengaged in any
restricted activities under these Terms and Conditions;
use the Zybi Tech website, your Customer Account or the
Services in a manner that results in or may result in
complaints, disputes, claims, fines, penalties and other
liabilities to Zybi Tech, another Customer, a Merchant, or
take any action that imposes an unreasonable or
disproportionately large load on our infrastructure orsuch
other action that would pose a material risk or issue to our
distribute viruses, trojan horses, worms, or other computer
programming technologies that may harm the Zybi Tech website,
or the interests or property of any other Customers,
Merchants, and any other third parties, including other users
on the Zybi Tech website;
attempt to gain unauthorized access to or otherwise interfere
or disrupt other computer systems ornetworks connected to the
Platform or Services;
distribute or promote obscene, pornographic, indecent or
offensive material or any material that goesagainst any public
policy and/or any applicable laws or regulations;
by way of act or omission, do anything that may cause us to
lose any services from our internet service providers, payment
processors, or other suppliers;
interfere with another’s utilization and enjoyment of the
Platform or Services;
circumvent or manipulate our fee structure, billing process,
or the fees owed to Zybi Tech;
transfer your Customer Account to another third party without
our prior written consent;
use the Services for, or in relation to, any illegal purpose
or criminal activity of any nature, including,without
limitation, the purchase of illegal downloads;
use the Services to facilitate any sale or purchase of any
goods and/or services which infringe the intellectual property
or other proprietary rights of any third party or prohibited
goods and/or services; or
facilitate any illegal or unlawful or fraudulent activity of
If we reasonably suspect that you are engaging in any of the
restricted activities as set out in clause 3.7A above, wemay,
without any liability to you, take the following action(s):
report any suspicious or illegal activity to the relevant
- cancel or refuse any transactions;
- suspend or close any Customer Accounts;
apply, at our sole discretion, prevention and detection
procedures and refuse the execution of transactions if there
are grounds to suspect that a Customer Account is being, or
may be, used for illegal, unlawful or fraudulent purposes; or
take further steps as Zybi Tech, in its reasonable discretion,
may deem necessary, including taking legalaction against you.
If we close your Customer Account, we will provide you with notice
of the closure at the earliest time possible.
In the event of the suspension of your Customer Account, we will
inform you of the suspension whenever reasonably possible and
provide you with the opportunity to request for restoration of
access if and when appropriate. Any restoration of access shall be
at Zybi Tech's discretion and shall be subject to Zybi Tech’s
prevailing policies and procedures.
Closure of Customer Account
You may request that Zybi Tech closes your Customer Account at any
time by contacting Zybi Tech’s customer supportteam. Contact
details of the Zybi Tech customer support team are available on
the Zybi Tech website.
Closure of your Customer Account will not cancel any cleared
transactions which you have already undertakenelectronic funds via
your Customer Account.
In the event we close a Customer Account, we will contact the
relevant Customer to arrange for the refund of anyresidual
electronic funds in that Customer Account.
You remain liable for all obligations related to your Customer
Account for a period of one hundred and eighty (180) days after
the closure. Closure of your Customer Account does not relieve you
of any liability pertaining to your Customer Account during this
period. In the event of a pending investigation at the time your
Customer Account is closed, Zybi Tech may continue to hold your
funds for up to one hundred and eighty (180) days from the date of
closure in order to protect Zybi Tech against, without limitation,
any risk of reversals.
Zybi Tech may, at any time and at its absolute and sole
discretion, discontinue your use of the Customer Account or the
Services or any part thereof. Zybi Tech shall endeavor to provide
notice of any such discontinuation of your Customer Account or the
Services. You agree that Zybi Tech shall not be liable to you in
relation to any inability of yours to access your Customer Account
or the Services or any part thereof.
Zybi Tech will refund any electronic funds which is in your
Customer Account as soon as practicable after its closure
through any payment method Zybi Tech deems in its discretion
most suitable, on the condition that you provide Zybi Tech with
valid bank account details where the name and address details
of that bank account’s holder match thename and address
details of your Customer Account; or
a copy of a valid form of ID (e.g. a passport or driving
license), which Zybi Tech may accept at its sole discretion.
Zybi Tech has the right not to return to you any disputed
funds or any funds which relate to a breach of these Terms and
Conditions until such time such a dispute has been resolved or
where a court of a competent jurisdiction has decided on the
Zybi Tech reserves the right to carry out any necessary money
laundering, terrorism financing, fraud, or any other illegal
activity checks before authorizing any withdrawal of your funds,
including returning any funds to you after you have closed your
You agree and understand that your account is deemed Inactive if there
will be no transaction or activity for a period of ONE (1) YEAR.
Should you decided to reactivate your account, you need to contact
Zybi Tech Customer Service for account update.
You agree and understand that your account is deemed Dormant if there
will be no transaction or activity for a period of TWO (2) YEARS.
Dormant Account is subject to Dormancy Fee as set forth in Schedule A,
which shall be charged automatically from any unclaimed balance in
your account. Should you decided later on to reinstate your dormant
account, you need to contact Zybi Tech Customer Service for account
AVAILABILITY OF SERVICES
Zybi Tech may, from time to time and without giving any reason or
prior notice to you, upgrade, modify, suspend or discontinue the
provision of, or remove, whether in whole or in part, the Platform or
any Services and shall not be liable if any such upgrade,
modification, suspension or removal prevents you from accessing the
Platform or any part of the Services.
You may be entitled to receive cashback into your Customer Account
through various incentive programs and/orpromotional activities
carried out in conjunction with Merchants and/or our Business
Partners (“Cashback Funds”).
Your use of Cashback Funds is subject to the following
a minimum spend requirement, as may be imposed from time to
time at Zybi Tech’s sole discretion; and
an expiry date for your use of the Cashback Funds, as may be
notified to you from time to time.
Cashback Funds are non-refundable and cannot be cashed out from
your Customer Account to your bank account.
If you participate in any of our promotional campaigns, you are deemed
to have also acknowledged and agreed to the terms and conditions of
the respective campaign as published online.
Promotional material and marketing
You consent to and authorize our use of any information provided
by you (including Personal Data) for the purposes of sending
information and promotional notifications to via e-mails,
phone-calls, SMS, social networks, push notifications, in-app
notifications, and communication apps.
Your acceptance of these Terms and Conditions shall constitute
your consent for the purpose of the provisions of any spam control
laws (whether in Philippines or elsewhere). You may subsequently
opt out of receiving promotional e-mails by clicking on the
appropriate hyperlink in any promotional e-mail.
To opt out of receiving any promotional or informational
notifications at any of the above-mentioned communicationchannels
please contact our customer support via phone or e-mail.
We may include hyperlinks to other websites or content on the internet
that are owned or operated by third parties. Such linked websites or
content are not under our control and we are not liable for any
errors, omissions, delays, defamation, libel, slander, falsehood,
obscenity, pornography, profanity, inaccuracy or any other
objectionable material contained in the contents, or the consequences
of accessing any such linked websites. Any hyperlinks to any such
websites or content do not constitute an endorsement of such websites
or content by us and you agree that your access to or use of such
linked websites or content is entirely at your own risk.
We may attach banners, java applets and/or such other material to the
Platform for the purposes of advertising Zybi Tech’s or our Business
Partners’ products and/or services. For the avoidance of doubt, you
shall not be entitled to receive any payment, fee and/or commission in
respect of any such advertising or other promotional materials.
REPRESENTATIONS AND WARRANTIES
By accepting these Terms and Conditions, you represent and warrant
that you are not violating any applicable laws or regulations through
your use of the Platform, your Customer Account and/or the Services,
and you agree to defend, indemnify and hold Zybi Tech, its
Indemnitees, affiliates and authorized representatives harmless from
any claim, demand (including legal fees and costs), fines, penalties
or other liability incurred by Zybi Tech due to or arising out of your
breach of this representation and warranty. Zybi Tech may report any
suspicious activity to the relevant authorities.
The Intellectual Property in and to the Platform and the Zybi Tech
Materials are owned, licensed to or controlled by us, our licensors or
our service providers. We reserve the right to enforce our
Intellectual Property rights to the fullest extent of the law.
No part or parts of the Platform, or the Zybi Tech Materials may be
reproduced, reverse engineered, decompiled, disassembled, separated,
altered, distributed, republished, displayed, broadcast, hyperlinked,
mirrored, framed, transferred or transmitted in any manner or by any
means or stored in an information retrieval system or installed on any
server, system or equipment without our prior written permission of
the relevant copyright owners. Permission will only be granted to you
to download, print, or use Zybi Tech Materials for personal and
non-commercial uses, provided that you do not modify the Zybi Tech
Materials and that we or the relevant copyright owners retain all
copyright and other proprietary rights contained in the Zybi Tech
Nothing on the Platform and in these Terms and Conditions shall be
construed as granting, by implication, estoppel, or otherwise, any
license or right to use (including, as a meta tag or as a ‘hot’ link
to any other website) any trademarks displayed on the Zybi Tech
website and Platform, without our written permission (or that of any
other applicable trademark owner, as may be relevant).
Submissions by you
You grant us a non-exclusive license to use the materials or
information that you submit to the Platform and/or provide to us,
including but not limited to questions, reviews, comments, and
suggestions. When you post comments or reviews to the Platform, you
also grant us the right to use the name that you submit or your
username in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other
than yourself or otherwise mislead us or third parties as to the
origin of any submissions you make. We may at our sole discretion
publish, remove or edit your submissions.
A cookie is a small piece of information that is placed on your
computer which may track your activity within thePlatform.
enabling certain features and functions on the Platform,
including but not limited to remembering yourusername,
browsing preferences, and other Service preferences;
building up a profile of how you and other users use the Zybi
- improving the efficiency of the Platform;
administering Services to you and to our advertisers; and
- establishing usage statistics on the Platform.
Most internet browsers provide you the option of turning off the
processing of cookies. You may turn off cookies while browsing the
Platform, but this may result in the loss of functionality,
restrict your use of the Platform and/or delay or affect the way
in which it operates.
DISCLAIMER AND LIMITATION OF LIABILITY
Zybi Tech does not have control of any items you may purchase online
using the Services and cannot guarantee that online transactions will
be completed by the other party. Zybi Tech disclaims all liability for
any goods or services offered for sale by its Merchants and will not
be responsible for the delivery or the condition of any goods or
services purchased from third parties.
If you wish to buy or sell digital currency through the exchange
provided by the Services, you authorize theJuan World Platform,
directly or through third parties, to make any inquiries we consider
necessary to validate your identity.
No representations or warranties
The Services, the Platform and the Zybi Tech Materials are provided
on an ‘as is’ and ‘as available’ basis. All data and/or information
contained in the Platform, the Services or the Zybi Tech Materials
are provided for informational purposes only. No representations or
warranties of any kind, whether implied, express or statutory,
including the warranties of non-infringement of third-party rights,
title, merchantability, satisfactory quality or fitness for a
particular purpose, are given in conjunction with the Platform, the
Services or the Zybi Tech Materials. Without prejudice to the
generality of the foregoing, we do not warrant:
the accuracy, timeliness, adequacy, commercial value or
completeness of all data and/or informationcontained in the
Platform, the Services or the Zybi Tech Materials;
that the Platform, the Services or that any of the Zybi Tech
Materials will be provided uninterrupted,secure or free from
errors or omissions, or that any identified defect will be
that the Platform, the Services or the Zybi Tech Materials are
free from any computer virus or othermalicious, destructive or
corrupting code, agent, program or macros; and
the security of any information transmitted by you or to you
through the Platform or the Services, and you accept the risk that
any information transmitted or received through the Services or
the Platform may be accessed by unauthorized third parties and/or
disclosed by us or our officers, employees or agents to third
parties purporting to be you or purporting to act under your
authority. Transmissions over the internet and electronic mail may
be subject to interruption, transmission blackout, delayed
transmission due to internet traffic or incorrect data
transmission due to the public nature of the internet.
Exclusion of liability
Zybi Tech and its Indemnitees shall not be liable to you for any
loss, cost, expense (including legal fees and expenses), damage,
penalties or settlement sums whatsoever or howsoever caused
(regardless of the form of action) arising directly or indirectly in
any access, use and/or inability to use the Platform or the
reliance on any data or information made available through the
Platform and/or through the Services. You shouldnot act on such
data or information without first independently verifying its
any system, server or connection failure, error, omission,
interruption, delay in transmission, computer virus orother
malicious, destructive or corrupting code, agent program or
macros; and iv. any use of or access to any other website or
webpage linked to the Platform, even if we or our officers or
agentsor employees may have been advised of, or otherwise might
have anticipated, the possibility of the same.
At your own risk
Any misunderstanding, error, damage, expense or loss resulting from
the use of the Platform is entirely at your own risk.
TERMINATION OF SERVICES
Termination by us
In our sole and absolute discretion, we may, upon giving you notice at
our earliest opportunity, terminate your use of the Platform, Services
and/or disable your username and password with immediate effect. We
may bar access to the Platform and/or Services (or any part thereof)
for any reason whatsoever at our sole discretion, including a breach
of any of these Terms and Conditions or where if we believe that you
have violated any terms or conditions set out herein, or if in our
opinion or the opinion of any regulatory authority, it is not suitable
to continue providing the Services.
Termination by you
You may terminate your use of the Services by giving no less than
seven (7) days’ notice in writing to us. Upon receipt of your
termination notice, we will regard your notice as a formal request to
us to close your Customer Account and the account closure process
shall be in accordance with the provisions set out in this Terms and
Notices from us
You agree that all notices or other communications from us are
deemed to have been given to you if:
communicated through any print or electronic media as we may
select from time to time, will bedeemed to be notified to you on
the date of publication or broadcast; or
sent by post or left at your last known address, received by you
on the day following such posting or onthe day when it was so
Notices from you
You may only give notice to us in writing sent to our designated
address or e-mail address (as may be amended from time to time), and
we shall be deemed to have received such notice only upon receipt.
While we endeavor to respond promptly to notices from you, we cannot
guarantee that we will always respond with consistent speed.
Other modes of notifications
Notwithstanding Clauses 12.1 and 12.2, we may from time to time
designate other acceptable modes of giving notice (including but not
limited to e-mail or other forms of electronic communication) and the
time or event by which such notice shall be deemed given.
Cumulative rights and remedies
Unless otherwise provided under these Terms and Conditions, the
provisions of these Terms and Conditions and our rights and remedies
under these Terms and Conditions are cumulative and are without
prejudice and in addition to any rights or remedies we may have in law
or in equity, and no exercise by us of any one right or remedy under
these Terms and Conditions, or at law or in equity, shall (save to the
extent, if any, provided expressly in these Terms and Conditions or at
law or in equity) operate so as to hinder or prevent our exercise of
any other such right or remedy at law or in equity.
Our failure to enforce these Terms and Conditions shall not constitute
a waiver of these terms, and such failure shall not affect our right
to later enforce these Terms and Conditions.
If at any time any provision of these Terms and Conditions become
illegal, invalid or unenforceable in any respect, the legality,
validity and enforceability of the remaining provisions of these Terms
and Conditions shall not be affected or impaired thereby, and shall
continue in force as if such illegal, invalid or unenforceable
provision was severed from these Terms and Conditions.
Use of the Platform, the Services, and these Terms and Conditions
shall be governed by and construed in accordance with Philippine law
and you hereby submit to the exclusive jurisdiction of the Philippine
Venue of Litigation
Venue of all suits shall exclusively be at Pasay City only to the
exclusion of all other courts.
We may seek immediate injunctive relief if we make a good faith
determination that a breach or non-performance is such that a
temporary restraining order or other immediate injunctive relief is an
appropriate or adequate remedy.
We may, by notice through the Platform, or by such other method of
notification as we may designate (which may include notification by
way of e-mail), vary these Terms and Conditions, such variation to
take effect on the date we specify through the above means. If you use
the Platform or the Services after such date, you are deemed to have
accepted such variation. If you do not accept the variation, you must
stop access or using the Platform and the Services and terminate your
use of the Services. Our right to vary these Terms and Conditions in
the manner aforesaid may be exercised without the consent of any
person or entity who is not a party to these Terms and Conditions.
Correction of errors
Any typographical, clerical or other error or omission in any
acceptance, invoice or other document on our part shall be subject to
correction without any liability on our part.
In the event that these Terms and Conditions is executed or translated
in any language other than English (“Foreign Language Version”), the
English language version of these Terms and Conditions shall govern
and shall take precedence over the Foreign Language Version.
These Terms and Conditions shall constitute the entire agreement
between you and us relating to the subject matter hereof and
supersedes and replaces in full all prior understandings,
communications and agreements with respect to the subject matter
Binding and conclusive
You acknowledge and agree that any records (including records of any
telephone conversations relating to the Services, if any) maintained
by us and/or our service providers relating to or in connection with
the Platform and/or Services shall be binding and conclusive on you
for all purposes whatsoever and shall be conclusive evidence of any
information and/or data transmitted between us and you. You hereby
agree that all such records are admissible in evidence and that you
shall not challenge or dispute the admissibility, reliability,
accuracy or the authenticity of such records merely on the basis that
such records are in electronic form or are the output of a computer
system, and you hereby waive any of your rights, if any, to so object.
Sub-contracting and delegation
We reserve the right to delegate or sub-contract the performance of
any of our functions or obligations in connection with the Platform
and/or Services to any service provider, subcontractor and/or agent on
such terms as we may deem appropriate.
You may not assign your rights under these Terms and Conditions
without our prior written consent. We may assign our rights under
these Terms and Conditions to any third party at our sole discretion.
We shall not be liable for non-performance, error, interruption or
delay in the performance of its obligations under these Terms and
Conditions (or any part thereof) or for any inaccuracy, unreliability
or unsuitability of the Platform and/or Services’ contents if this is
due, in whole or in part, directly or indirectly to an event or
failure which is beyond our reasonable control.
We value what are customers think about our products and services.
For any feedback or concerns, we can be reached through the
- (02) 8891-8080