Welcome to TANGGapp!
Tang App Philippines, Inc. (“Company,” “we,” “us,” “our”) is a Remittance Agent licensed by the Bangko Sentral ng Pilipinas (“BSP”). The Company provides its services (described below) to you through its website located at www.TANGGapp.com (the “Site”) and through the Tang mobile application (“Tang App”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service” or “Terms”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective immediately after they are posted, or at a later date required by applicable law or specified by us when we post the changes. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Have you been asked to use the Tang App to transfer funds for any suspicious purpose, including taxes, utility bills, tickets, cars, equipment, money transfers, ransom, bail, eBay, Airbnb, or anything odd? STOP! You are being scammed. Please notify us immediately at email@example.com. FRAUDULENT TRANSACTIONS MAY RESULT IN THE LOSS OF YOUR MONEY. UNLESS REQUIRED BY LAW. WE HAVE ABSOLUTELY NO RESPONSIBILITY OR LIABILITY FOR ANY MISTAKEN, OR ACCIDENTAL TRANSACTIONS MADE BY YOU OR ANY UNAUTHORIZED USE OF YOUR TANG ACCOUNT BY OTHERS. NEVER SEND MONEY TO ANYONE YOU DON’T KNOW PERSONALLY OR HAVE NOT MET IN PERSON.
ROMANCE SCAM DISCLAIMER: Have you been asked to send money to your boyfriend, girlfriend, fiancé, husband, or wife that you met online? This may be a scam. We strongly discourage use of the Tang App for this purpose and we are not liable for any losses you incur if you authorize a transaction for this purpose unless required by applicable law.
TRANSFER FEE SCHEDULE
Transfer Fee: 3% of the amount of the Transfer sent from the U.S. 6.3% of the amount of the Transfer sent from the Philippines. The fee is subject to change.
Access and Use of the Service
Services Description: The Service is designed to allow you to use the Tang App to send/receive/request money in Philippine Peso and other currencies as well as other related products and services we may make available to you from time to time (collectively the “Mobile Products”). The Service is particularly designed to allow you to use the Tang App to transfer funds (each, a “Transfer”) from your account in the United States or Philippines to the account of your designated recipient (“Recipient”) in the Philippines, U.S., or other jurisdictions we may support from time to time (“Transfer Service”). The Mobile Products and the Transfer Service are both a Service under these Terms.
If you open or request to open a Tang Account or use the Services, applicable law/s & regulations in the requires that we verify certain information about your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may be made directly or through third parties, including a bank that holds any Linked Account or Card that you link to your Tang Account. We may need to ask you for further information that will allow us to reasonably identify you. We reserve the right to close, suspend, or limit access to your Tang Account and/or the Services in the event we are unable to obtain or verify any information about you or your source of funds used in connection with the Service.
We may refuse to open a Tang Account, provide or discontinue providing the Service, reject any transaction, or suspend, restrict, or close any Tang Account at any time for any reason, subject to applicable law.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and Tang Account details, if any, and any other means you may use to access the Service, including any password or biometric information you use to access your device on which you use the Tang App (“Credentials”). Any person with your Credentials, your device passcode or who has a fingerprint or face ID registered to your device will be able to authorize transactions with your Tang Account or other feature of the Service and any Linked Wallet, Linked Account, or Card linked to your Tang Account. You are fully responsible for any and all activities that occur under your Credentials and Tang Account. Except as otherwise provided in these Terms, we treat all activities made on your Tang Account or using your Credentials as having been made and authorized by you, subject to applicable law. You agree to (a) immediately notify Company of any unauthorized use of your Credentials or Tang Account or any other breach of security, including loss or theft of any device you use to access the Service, and (b) ensure that you exit from your Tang Account at the end of each session when accessing the Service. By adding your Card, Linked Account, or Linked Wallet to your Tang Account or by completing a transaction using our Service, you represent and warrant that you are the owner or authorized user of such payment method you select, and are authorized to make each transaction you authorize. It is your sole responsibility to maintain the security of your Credentials and Tang Account, and we will not be responsible for any unauthorized charge to any credit card you linked to your Tang Account, except as strictly required by applicable law. Company will not be liable for any loss or damage arising from your failure to comply with this Section.
Closing Your Tang Account: You may request to close your Tang Account at any time by contacting customer service at firstname.lastname@example.org. If, at the time you make this request, you have any pending transactions, there is an ongoing investigation into any transaction or activity made on your Tang Account, or you have not met any obligation you have to us under this Agreement, we may refuse to close your Tang Account until such transactions and investigations are completed to our satisfaction, and you have met your obligations under these Terms. We may suspend or restrict your Tang Account in preparation for closing at any time after your request.
We may close your Tang Account at any time in our sole discretion, with or without notice to you. We reserve the right to suspend or terminate these Terms, and your access to or use of the Service or any aspect thereof for any reason and at any time. Reasons we may close your Tang Account or terminate or restrict your access to the Service include, but are not limited to: (1) your breach of any provision of these Terms or the terms of any transaction you make using the Service; (2) we are requested or directed to do so by any competent court of law, government authority or agency; (3) we have reason to believe you are in violation of any applicable law or payment network rule; (4) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing, or other criminal or illegal activity; or (4) to protect the security of your Tang Account, others’ Tang Accounts, or our systems. You agree that you will continue to be responsible for all obligations you have under these Terms, even after your Tang Account is closed. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability incurred by us or any of our service providers, agents, or other users arising out of your breach of these Terms or applicable law.
Escheatment: If there is any remaining balance associated with your Tang Account after it is closed, or if you have not logged into your Tang Account for the time period provided by applicable law, we may send a check to you for that amount to any address we have on file for you, or if required by law, escheat (send) the balance to the applicable agency in your state of residency, which shall be determined based on the contact information we have on file for you. If you are not a resident of the United States or your residency is unknown, we will escheat the balance to the appropriate state authority provided by applicable law. If your funds are escheated, you will be required to make a claim against the applicable state agency to recover the funds.
Modifications to Service: Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Company’s servers on your behalf. You agree that Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Company reserves the right to terminate Tang Accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through the Tang App downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Company, Merchants, and our respective service providers by telephone (calls may be recorded), automated calling, pre-recorded calling, SMS, MMS, text message or other electronic means to your mobile device or any other telephone number we have on file for you, even if you have opted into the National Do Not Call List, any state equivalent of the Do Not Call List, or the internal Do Not Call List of any company. To the extent required by law, and as we may permit from time to time, you can opt-out of certain contact methods by contacting us directly, and you may opt out of SMS, MMS, or text messages by replying “STOP” to such text messages. However, you may not be able to opt out of all communications about the Services, unless required by applicable law, and if you do opt out of certain communications, you may not be able to use the Service or certain features thereof. You understand that Company may maintain the information you submit to us even if you decide not to use the Services, and that certain information about your usage of the Mobile Services may be communicated to us. You hereby represent and warrant that in connection with the Mobile Services, you will provide your own phone number, and not someone else’s phone number. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Tang Account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
TERMS AND CONDITIONS OF THE TRANSFER SERVICE
General: Subject to our eligibility requirements, you may use the Transfer Service to transfer funds from your personal bank account to the personal bank account of your selected Recipient.
Accepted Payment Methods for Transfer Service: The following section applies to the Transfer Service. To use the Transfer Service to send a Transfer of funds to a Recipient, you will be required to link your personal checking account held by a depository institution to your account in the Tang App as a source of funds for the Transfer (“Linked Account”). You will need to provide log-in credentials and related information about your Linked Account to our service provider Plaid, Xendit, or their successor. You may be required to accept Xendit’s Terms of Service or Plaid’s Terms of Service in order to link a Linked Account to the Tang App. By adding a Linked Account to your Tang Account, you represent and warrant that the Linked Account is in good standing, you own and are authorized to use the Linked Account for the Transfers you request. You further represent and warrant that all the information you provide to us about your Linked Account is true and complete. Your financial institution holding your Linked Account, or their service provider, may charge you a fee to use the Service. We have no control over and are not responsible for any such fee. We may add or change accepted payment methods from time to time in our sole discretion.
When you initiate a Transfer, we will credit your Tang Account when we receive the money from your Linked Account or selected payment method, and we are not responsible for the money you seek to Transfer until we have received it, unless required by applicable law. We may, but are not required to, make the funds sent in the Transfer available to the Recipient before we receive final settlement of the funds from you. If we do so, and the funds do not reach us within a reasonable time, or the transaction is reversed or rejected by you or your financial institution, we can demand repayment of those funds from you using other methods or we may suspend your use of the Services.
The Company is not a bank and your Tang Account is not a bank account or stored value account. You may not hold a balance in your Tang Account. If we are unable to complete a Transfer you request, you authorize us to credit the funds you send back to the original payment method you used to request the Transfer. Funds we receive from you when you request a Transfer are held by us for your benefit until they are remitted to your Recipient. Any value we hold for your benefit represents an unsecured claim against the Company and is not insured by the Federal Deposit Insurance Corporation (FDIC) nor with the Philippine Deposit Insurance Corporation (PDIC). We may invest funds held for your benefit in permissible investments in accordance with applicable law, and Tang exclusively owns the interest and other earnings on these investments, if any.
Limitations on Transfers: Your ability to make Transfers is subject to certain monetary limits. We reserve the right to alter these limits at any given time.
Fees: The fees for a Transfer will be disclosed to you when you request a Transfer and before you confirm the Transfer. Please see the Transfer Service Fee Schedule above. We will charge a Transfer Fee as shown in the Transfer Service Fee Schedule. Applicable fees will be added to the amount of your Transfer. You agree to pay all fees and currency conversion rates using your Linked Account or other selected payment method. The fees and rates will be charged when you authorize a Transfer. When you authorize a Transfer, we will debit the amount of the Transfer plus the amount of the fees from your Linked Account or other selected payment method. We will not process a Transfer until we have received all applicable fees and rates from you. Our fees do not include any fees that your bank or the Recipient’s bank may charge in connection with the Transfer. Those fees may be deducted by your or the Recipient’s financial institution when you send or receive a Transfer.
Currency Conversion: When you make a Transfer, you may only send U.S. Dollars from your Linked Account denominated in U.S. Dollars. For each transfer, through our partner Foreign Exchange Dealer / Money Changer, we will convert the U.S. Dollars to Philippine Pesos and deliver Philippine Pesos to the Recipient, in accordance with the terms of the Transfer you request.
When you make a Transfer from a Philippines depository institution’s checking account, you may only send Philippine Pesos from your Linked Account denominated in Philippine Pesos. For each transfer, we will convert the Philippine Pesos to U.S. Dollars and deliver U.S. Dollars to the Recipient, in accordance with the terms of the Transfer you request.
Our partner Foreign Exchange Dealer / Money Changer will not process the currency conversion until we have received the relevant funds from your Linked Account. We may add or change the currencies we support from time to time in our sole discretion, with or without notice to you.
Supported Countries: The Transfer Service may only be used to send a Transfer between the United States and the Philippines. We may add or change the countries we support from time to time in our sole discretion, with or without notice to you.
Recipient Eligibility: To receive a Transfer as a Recipient, you must register for a Tang Account and accept these Terms, as described above. You must also link a personal bank account held by a depository financial institution in the Philippines, denominated in Philippine Pesos (“Recipient Account”) to their Tang Account by using the Tang App. By linking a Recipient Account to your Tang Account, you represent and warrant that your Recipient Account is in good standing, you own and are authorized to use the Recipient Account to receive Transfers under this Agreement. You agree to provide all information we request to verify your Recipient Account. You further represent and warrant that all the information you provide to us about your Recipient Account is true and complete. Your financial institution holding your Recipient Account, or their service provider, may charge you a fee to receive a Transfer. We have no control over and are not responsible for any such fee. We may add or change accepted payment methods from time to time in our sole discretion.
Payment Authorization: By initiating a Transfer from your Tang Account, you authorize Tang App. or its service provider to charge your Linked Account or other selected payment method for the total amount of the Transfer plus applicable fees, taxes and exchange rates, on the date you select and as shown in the disclosure or confirmation screen provided in the Tang App. You also authorize us to debit or credit your Linked Account or other selected payment method to correct any errors, cancellations, or reversals in connection with any requested transaction.
Delivery to Recipient: We use a third party service provider to deliver funds to your selected Recipient. Your Recipient’s financial institution that holds the Recipient Account to which Transfers are delivered may charge a fee to your Recipient or deduct a fee from the amount of the Transfer when it is delivered to the Recipient.
We will endeavor to make funds available to your Recipient by the date disclosed in the Tang App when you request your Transfer. However, your Transfer may be delayed in certain circumstances. We may delay a Transfer in certain situations, including if we need to confirm that the Transfer has been authorized by you, if other Transfers you made have been reversed, or for fraud and security purposes. We do not have control over the time it may take for us to receive funds from the Linked Account you use to send the Transfer, or the time it takes for the bank holding the Recipient Account to make the funds available to the Recipient once we make the funds available to the bank.
Unless required by applicable law, we will not be liable for our failure to complete a Transfer if: (1) through no fault of ours, the sender of the Transfer did not have sufficient funds in the Linked Account or other payment method selected to fund the Transfers; (2) you have placed incorrect information which resulted in a failed transaction or error in the Transfer; (3) the error was due to extraordinary circumstances outside of our control despite our reasonable precautions; or (4) any other reason set forth in these Terms, subject to applicable law.
You and your Recipient are responsible for all taxes which may be applicable to the Transfers you make or receive. The Company is not liable for any and all taxes which may related to the Transfer that you make.
System Error. We provide users with a seamless and error-free experience while using the system. However, there may be instances of system errors or breakdowns that are outside of our control. In the event of a system error or breakdown, we will take all reasonable steps to remedy the issue and ensure that normal app functionality is restored as soon as possible.
If you encounter a system error during a transaction and are aware of the breakdown at the time of the transaction, you accept full responsibility for the consequences of proceeding with the transaction. Tang App shall not be liable for any loss or damage suffered by you as a result of the system error.
Reversals of Transfers: Transfers sent to you may be invalidated or reversed by us if the Transfer was unauthorized, the Transfer was delivered to you in error, the Transfer is in violation of these Terms or applicable law, our investigation finds that the Transfer was fraudulent or unlawful, or as reasonably necessary to comply with applicable law and payment network rules, and to protect the security of a Tang Account or our systems. If you receive a Transfer that should be refunded, reversed, or invalidated for any reason, you are responsible for returning the full amount of the Transfer to us so that we may refund the Transfer to the sender. If you fail to return this amount, we may offset the amount you owe us from any future Transfer sent to you using the Transfer Service, and we may suspend or close your Tang Account. If we give you a refund for any Transfer you send, we will provide the refund in the same currency you sent.
Tang Account Statement: You have the right to receive an account statement showing your Tang Account activity. You may review your Tang Account activity or statement by logging into your Tang Account on the Tang App.
Prohibited Transactions. You may only make a Transfer for personal, family, or household purposes. You may not make any Transfers for a business or commercial purpose. You may not make any Transfers for any purposes related to telemarketing. You may not send or receive any Transfer that would violate any applicable law or these Terms. You may not send any Transfer for the purposes of Internet gambling, whether or not such activity is lawful or not. You may not send any funds that are proceeds of any unlawful activity, and you may not use any funds you receive in a Transfer for any unlawful purpose. We reserve the right to reject, block or reverse any Transaction for any reason in our sole discretion. We also reserve the right to hold any funds you seek to Transfer if we reasonably suspect that there is a fraud or security risk associated with the Transfer, or as reasonably necessary for us and our service providers to meet our legal and compliance obligations.
UNAUTHORIZED TRANSFERS, ERRORS AND CANCELING A TRANSFER
CONTACT US IMMEDIATELY AT +1-408-556-9208 OR SUPPORT@TANGGAPP.COM IF YOU BELIEVE YOUR TANG ACCOUNT HAS BEEN USED TO MAKE A TRANSFER YOU DID NOT AUTHORIZE.
What to do if you think there has been an error or problem with a Transfer:
If you think there has been an error or problem with our Transfer:
We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three business days after completing our investigation. If we decided that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation.
What to do if you want to cancel a Transfer
You have the right to cancel a Transfer you sent and obtain a refund of all of the funds paid to us, including any fees. In order to cancel, you must contact us at the phone number or e-mail address above within 30 minutes of payment for the Transfer.
When you contact us, you must provide us with information to help us identify the Transfer you wish to cancel, including the amount and location where funds were sent. We will refund your money within three business days of your request to cancel a Transfer as long as the funds have not already been picked up or deposited into the Recipient Account.
ADDITIONAL TERMS AND CONDITIONS FOR ALL SERVICES
Fees: We may charge you a fee to use the Service. We reserve the right to change Company’s fees. If Company does change the amount of any fee, Company will provide notice of the change on the Site or in email to you, at Company’s option, at least 10 days before the change is to take effect, if the amount of the fee will increase. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Taxes: You shall be responsible for all taxes associated with the services.
Disputes: If you dispute any charges made by Company through the Service, please contact us immediately at email@example.com.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.
Promo Codes: We may, in our sole discretion, create promotional codes that may be redeemed for discounts or credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Each benefit may only be redeemed once per Account. Promo Codes for duplicate benefits will be voided. Only Promo Codes sent to you through official Company communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash, gift cards or cash equivalents; and (vi) may expire prior to your use.
Third Party Distribution Channels
Company offers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Company, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Company.
The Company name and logos are trademarks and service marks of Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Company be liable in any way for any content or materials of any third parties (including Merchants and other users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Company and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your infringement claim at: firstname.lastname@example.org
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Company has no control over such sites and resources and Company is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service, including Merchants, are between you and the third party, and you agree that Company is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
Indemnity and Release
You agree to release, indemnify and hold Company and its affiliates and their officers, employees, directors, service providers, financial institution partners, and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution by Customer Assistance Mechanism, Mediation and Adjudication
You understand and acknowledge that the Company shall abide by of Republic Act No. 11765 or the Financial Products and Services Consumer Protection Act (“FCPA”) and the implementing guidelines of BSP Circulars 1160, Series of 2022 and BSP Circular and 1169, Series of 2023 or such other amendments as may be introduced thereafter (“FCPA Guidelines”), with respect to BSP’s rules on Customer Assistance Mechanism, Mediation, and Adjudication. The FCPA Guidelines shall form part of the Company’s Terms of Service.
You agree that Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the Philippines without regard to its conflict of law provisions. With respect to any disputes or claims not subject to mediation and adjudication, as set forth above, you and Company agree to submit to the personal and exclusive jurisdiction of the courts in Pasig City, Philippines. The failure of Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Company, but Company may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.