Saripay App and Saripay Wallet General Terms and Conditions

Last update: 27 November 2024

PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE SARIPAY MOBILE APPLICATION (“APPLICATION”) OR THE SARIPAY WALLET ACCOMPANYING THIS TERMS.

BY CLICKING THE “ACCEPT’ BUTTON OR DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD OR USE THE APPLICATION.

This is a legal agreement between you (“You”) and G2M FintechCorporation or any of its affiliates and/or subsidiaries (hereinafter referred to as “Saripay” or “The Company”), stating the terms that govern Your use of the Application.

1. General.

By accepting the terms and conditions, You hereby warrant and represent that You are at least eighteen (18) years old and have the legal capacity to agree with these Terms and access and use this Application. The term Application shall be deemed to include the Web Domain of Saripay (www.saripay.com) and the Saripay App. The Company assumes no responsibility or liability for any misrepresentation of your age.

You acknowledge that the Company may offer platform Services through the Saripay App and Web Domain. Your access and use of the Services shall be in accordance with these Terms and Conditions, and applicable terms and conditions of Saripay’s partners, vendors, affiliates, third-party providers who are integrated in the provision of the Services.

You may hereunto use this web domain or Application to for purposes of using any of the services provided or implementing the loan agreement agreed by parties, financial assistance applications (not including processing of online lending or financing), for sending out payment instructions or the instructions for the disbursement of the loan proceeds, cash management, remittances, payment of utility bills, purchase of telco load and other services and e-services similar to the foregoing, as part of and connected with the loan agreed upon, to get and use ELISTA program to pay for Your orders to and purchases from the Company or from any other partner supplier, and to provide services available in the Application to Your customers, in accordance with these Terms and conditions and applicable laws and regulations.

Your transactions, access, and use of the Services is subject to the rules and regulations of the Bangko Sentral Ng Pilipinas, the Anti-Money Laundering Act (“AMLA”), as amended, Republic Act No. 10173 otherwise known as the Data Privacy Act of 2012, its implementing rules and regulations, issuances and advisories of the National Privacy Commission (“Data Privacy Laws”).

*Violation of these Terms shall subject the user’s account to suspension or termination at the sole discretion of Saripay.

2. Acceptable Use Policy and Restrictions on Use

A. Acceptable Use. The Company grants You a revocable, non-exclusive, non- transferable, limited right to use Saripay’s Services provided through its Application and Website on a single Mobile Device owned and controlled by You, and to access and use the Application on a single Mobile Device owned and controlled by You, and to access and use the Application on such Mobile Device strictly in accordance with these Terms and conditions, other applicable terms and any service agreement connected with Your Mobile Device. (collectively, the “Related Agreements”).

B. Use of the Saripay Wallet

Saripay Wallet is an open-loop e-money with cash-out capabilities of any portion of the amounts paid to and/or cashed-in to the Saripay Wallet.
The issuer of the E-Money in the Saripay Wallet is G2M Fintech Corporation who is ultimately responsible to the E-money holders.
You understand and acknowledge that Saripay may debit from your Saripay Wallet receivables which have become past due, without need of prior notice.
You are liable for all transactions initiated.
You agree to use the wallet only for lawful purposes and not to violate any applicable laws, rules or regulations in connection with your access or use;
Upon knowledge or discovery of any fraudulent activity or theft unauthorized access or use of your wallet, you agree to immediately notify Saripay by calling the Customer Service number +639190564444;
You are liable for the safekeeping and use of your account and your wallet. Saripay shall not be liable for any unauthorized use of the wallet by any person.
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your login credentials and for any activity that occurs under your account.
You agree to comply with all applicable laws and regulations related to your use of the Saripay Wallet and acknowledge that you are responsible for any and all damages or losses resulting from your failure to comply with these Terms or any applicable laws or regulations.

C. Saripay Wallet Account Security

You are responsible for the safekeeping and use of your account and your wallet. Saripay shall not be liable for any unauthorized use of your wallet in violation of the terms and conditions herein and applicable laws, rules and regulations.
You shall always keep your Saripay Wallet data confidential and secure. These shall not be disclosed to anyone. You shall be responsible for the security of your Saripay Wallet. All transactions made using the Saripay Wallet are conclusively presumed made by you, and you shall be liable therefore.
You agree to assume full responsibility and liability for all transactions made in your Saripay Wallet. You acknowledge and agree that your Saripay Wallet credentials are known only to you and as such, any transaction using your Saripay Wallet credentials shall be presumed to be done by you.
The security and proper care of the Saripay Wallet, as well as the confidentiality of your Saripay Wallet credentials shall be your sole responsibility.

D. Cash in or Funding of the Wallet

Cash in or Funding of the Saripay Wallet can either be through: (i) cash (via Saripay authorized representatives), (ii) Coins.PH platform (i.e. 7-Eleven, M Lhuillier, Cebuana Lhuillier) (iii) other payment channels (e.g. Xendit); or (iv) other channels which may be allowed by Saripay in the future;
You may also fund your Saripay Wallet via QRPH or QR codes provided in your stores wherein end consumers can then pay you using whatever wallet/ bank they have. You will then receive the payments from Saripay in your Saripay Wallet. For payments of your end consumers via QRPH, you hereby authorize Saripay to accept and receive such payments for and on your behalf.
If you fund your wallet through the different allowed payment channels, you are deemed to have agreed to the terms of service of Saripay payment channels partners and your financial institution.
You are liable for any fees or charges imposed by third party payment channels for the funding of your Saripay Wallet. However, Saripay may, at its sole discretion, from time to time shoulder the transaction fee charged by the payment channels. Saripay likewise reserves its right to decline any payments at its sole discretion.
Your Saripay Wallet is not a deposit account and thus, not covered by the Philippine Deposit Insurance Corporation (PDIC). Further, it does not earn interest.
You agree that Saripay may limit the amount you may fund or load in your wallet at any one time or over any period of time.
The minimum top up via bank shall be Five Hundred Pesos (Php500.00) while the maximum top up via bank up shall be Fifty Thousand Pesos (Php50,000.00) for BPI, One Hundred Thousand Pesos (Php10,000.00) for RCBC, and Fifty Thousand Pesos (Php50,000.00) for UBP.

E. Funding via QRPH

Relative to the use of the QRPH Funding, you hereby agree to: (i) accept of payments from your customers/ consumers through QR PH; (ii) authorize Saripay to facilitate or receive for and on your behalf payments via QR PH from Payers/consumers; (iii) authorize the disclosure of the data to relevant entities such as third party copayment partners on matters relevant to our agreement and any payment of the Payer to you effected through QR PH to settle transactions between Payer and you coursed through Saripay (Person-to-Merchants : P2Ms); and (iv) to hold Saripay and third party payment partners free and harmless from any and all P2M transactions facilitated;

You acknowledge and agree not to use the wallet or funding via QRPH for any of the following activities, products, or services falling under the category of “Restricted Services”. These include, but are not limited to, activities, products, or services that constitute, relate to or are ancillary to, in whole or in part the following:

Pornographic or illicit material or activities of any type;
Escort services;
Gambling operations, including “virtual casinos”;
Firearms, ammunitions, and explosives;
Pyramid selling or multi-levels commission earning structure; and
Activities, schemes, products, services or distributions of any class or type, whether or not similar to those specified above, which are designated from time to time by a third party partner (in its sole discretion) as being subject to the definition of a “Restricted Service”. No such notice is required for any particular activities, schemes, products, or services to be subject to this definition.

Saripay and/or payment channels shall also refrain from processing payments arising out of or related to a transaction that:

is illegal or facilitates illegal activity;
is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethically offensive;
promotes unlawful violence;
is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other discriminatory acts; or
causes damage or injury to any person or property or otherwise violates the rights of persons.

You shall not engage in any of the following prohibited practices:

○ Any acceptance practice that discriminates against or discourages the use of the QR PH in favor of any other payment method; and

○ Directly or indirectly require any Payers to pay a surcharge or any contemporaneous finance charge in connection with the payment of the end consumer to you effected through QRPH. You may be permitted to charge fees (such as a bona fide commission, postage, expedited service or convenience fees, and the like) if the fee is imposed on all like transactions regardless of the form of payment used, or as Saripay and the third party payment channel has expressly permitted in writing.

You further give your consent to third party payment channels partners or receiving financial institution to process your data in the Multi Proxy Service (MPS) for the purpose of generating QR Code, Merchant ID, etc.

F. Cash-out

You may cash out or transfer your Saripay Coins through the different channel partners of Saripay. By cashing out or transferring, you are deemed to have agreed to the terms of service of Saripay channel partners or the receiving financial institution.
You acknowledge that Saripay reserves its right to decline any payments, cash out, and transfer, or to restrict transactions at its sole discretion at any time and for any reason, without limitation and prior notice or approval.
You are liable for any fees or charges imposed by Saripay or third party payment channels for cashing out your Saripay Coins from your wallet.
You agree that Saripay may limit the amount you may cash out or transfer from your wallet at any one time or over any period of time.

G. Registration

Saripay is mandated to comply with any and all laws, rules or regulations issued by any governmental instrumentality, including among others, the Bangko Sentral ng Pilipinas (BSP) and the Anti-Money Laundering Council. Thus, you may be required to provide data, prior to the opening of the account or use of the wallet, after the opening and during the use of the wallet and at any time and on an ongoing basis. You agree that you will provide such information and/or documentation promptly to Saripay upon request. You shall be responsible to update your data to ensure its completeness and accuracy. Saripay reserves the right to suspend, limit your access, or terminate your account if you are unable to provide the required information and/or documentation or if we fail to verify such information and/or documentation.

H. Fees and Taxes

Saripay reserves its right to impose fees and charges to cover the relevant costs of providing the Saripay Services.
You agree that the use of the wallet may incur government mandated taxes, duties, or charges.

Saripay reserves the right to impose additional fees as may be allowed by applicable laws, rules and regulations.

I. Restrictions on Use. You shall use the Services provided through the web domain and/or Application strictly in accordance with these Terms and shall not:

decompile, reverse, engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application;
violate any applicable laws, rules or regulations in connection with Your access or use of the Application;
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark of the Company or its affiliates, partners, third party partners, suppliers or the licensors of the Application;
use the Application for any revenue generating endeavor (other than those provided by the Company), commercial enterprise, or other purpose for which it is not designed or intended;
install, use or permit the Application to exist on more than one Mobile Device at a time or on any other mobile device or computer or collude with others to allow the Application to exist in more than one Mobile Device at a time or on any other mobile device or computer;
distribute the Application to multiple mobile devices;
make the Application available over a network or other environment permitting access or use by multiple mobile devices or users at the same time;
use the Web Domain and Application for creating a product, service, or software that is, directly or indirectly competitive with or in any way substitute for any services, product or software offered by the Company,
use the Web Domain and Application to send automated queries to any website or to send any unsolicited commercial e-mail; or
use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.

3. Intellectual Property Rights.

A. Rights to Application. You acknowledge and agree that the Web Domain and Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of the Company. Furthermore, you acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of the Company and its Affiliates, licensors and suppliers. Except as expressly stated in these Terms, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory and all rights in and to the application not expressly granted in these Terms are hereby reserved and retained by the Company. You acknowledge and agree that due to the unique nature of the Company’s trademarks, service marks, logos and intellectual property, there is no adequate remedy at law for any breach of its obligations hereunder, that any such breach may allow You or any third party to unfairly compete with the Company resulting in irreparable harm to the Company, and therefore, upon any such breach, infringement, or any threat thereof, the Company shall be entitled to appropriate equitable relief in addition to whatever remedies it might have at law. Among other things, in the event of a breach or threatened breach of any of the provisions of this Agreement, the Company shall, upon proof to the satisfaction of a court of competent jurisdiction have, among other rights and remedies, the right to enjoin, preliminarily and permanently, You and any other person from any such infringement; and You and Your agents, employees and representatives from violating or threatening to violate this Agreement and to have this Agreement specifically enforced. You will notify the Company in writing immediately upon the occurrence of any such breach or other breach of which it is aware.

B. Third Party Software. The Application may utilize or include third party software that is subject to open source and third party license terms (Third Party Software). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party licenses shall control with regard to Your use of the relevant third party software. In no event shall the Application or components thereof be deemed to be “open source” or “publicly available” software.

C. Company’s Marks. You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without prior written consent of Company, which may be withheld for any or no reason.

D. Infringement Acknowledgment. You and Company acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, You, and not the Company, will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. You shall, however, promptly notify the Company in writing of such a claim.

4. Restriction or Transfer.

You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

5. Use of Information.

A. Consent to Use Information. You hereby consent to the collection, storage and use, by the Company, its subsidiaries, affiliates and agents information, including but not limited to, Personal Data (as defined in Data Privacy Laws) (the “Information”), for the purpose of providing its services, including but not limited to fraud and risk management, marketing and promotional activities, communications relating to services, customer experience management, service improvement, and statistical, analytical and research purposes.

Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data: names, mobile numbers, addresses, search requests, search results, patterns, data and suggestions based on user actions. Depending on the service used, additional Information may be requested.

Other uses of information are also indicated in the Saripay Privacy Policy.

You attest that the Information that You provided to us is true and correct and when You provide us with the Personal Data of third parties, You warrant that You have obtained their written consent for the Company to use, process and store their information, as required under applicable Data Privacy Laws.

As a general rule, the Information will be treated as being confidential but non-proprietary, unless You willingly consent to the waiver of its confidentiality. In the event that You have waived the confidentiality of Your information, the same shall now be treated as non-confidential and non-proprietary and the Company therefore assumes no Obligation to protect the same (except as required under Data Privacy Laws for Personal Data) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know- how or techniques contained in the Information for any purpose or whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.

B. Data Sharing. You hereby consent to and authorize the Company to share and disclose any Information You have provided to its subsidiaries, affiliates, agents, partners, third party partners, for the purpose of providing its services, including but not limited to fraud and risk management, marketing and promotional activities, communications relating to the Company’s services, customer experience management, service improvement, and statistical, analytical and research purposes.

You further consent to and authorize the disclosure and sharing by the Company, its subsidiaries, affiliates and agent to partners (including third party partners) the Information You have provided including but not limited to data usage records, promo subscriptions, know-your-client (KYC) data, registration data and transaction data.

C. Privacy Policy. You represent that You shall comply with the terms and conditions of the Company Privacy Policy, which sets forth and describes the practices of the Company with respect to the collection, use and disclosure of the Information in connection with Your use of the Application. The Company reserves the right to change the provisions of the Privacy Policy from any time and time to time at its sole discretion.

The Company will post any changes to the Company Privacy Policy on our Facebook page, Saripay Mobile Application and on our website, www.saripay.com. The Company will ask for Your consent every time the privacy policy is updated or amended and by ticking I agree to the terms in the Privacy Policy and Your use of the Application following the posting of such changes to the Privacy Policy will constitute Your acceptance of any such changes.

D. Rights of Data Subject. In addition to Your rights set forth in Data Privacy Laws, You have the right to access, correct, object, remove and transport Your Information.

E. Other Relevant Information. The Application does not collect precise data about the location of Your mobile device. The products ordered/purchased are to be delivered to the location of Your sari-sari store as registered.

Prices of items made available in the Application may likewise vary and/or change anytime with or without any prior notice. The Company shall not be liable if You are unable to acquire the latest changes in prices of the items found therein.

*There would be instances wherein the prices of products displayed are different from the price upon proceeding : clicking or choosing an item. The initial price is thus not updated, however, upon proceeding with the transaction (clicking on the item) and on or before checkout, the updated price would be indicated and used in the computation. As such, the user acknowledges to be aware of this situation and further acknowledges that Saripay assumes no liability or responsibility for the difference in prices.

6. Third Party Content and Services.

A. General. You acknowledge that the Application permits access to products, services, web sites, advertisements, promotions, recommendations, advice, information, materials and “text blasts”, created and provided by advertisers, publishers, content partners, marketing agents, vendors, and other third parties (“Third Party Content and Services”).

B. Disclaimer. You acknowledge that the Company does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk. The Company and its affiliates, partners, third party partners, suppliers, and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, completeness, or legality of the third party content and services.

C. Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Application are governed by, and require Your acceptance of, the terms and service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein.

Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any prior notice. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that the Company and its affiliates, partners, third party partners, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that You are not being granted a license to:

the Third Party Content and Services;
any products, services, processes or technology described in or offered by the Third Party Content and Services;
any copyright, trademark, patent or any other intellectual property rights in the Third Party Content and Services; or
any products, services, processes, or technology described or offered therein.

D. Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by the Company or its affiliates of such Third Party Content and Services. The Company reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although the Company has no obligation to restrict or deny access even if requested by You.

E. Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials, and subject matter:

that You or others may deem offensive, indecent or objectionable;
which may or may not be identified as having explicit language; or
that automatically and intentionally appears in search results, as a link or reference to objectionable material.

Notwithstanding the foregoing, You agree to the Third Party Content and services at Your sole risk and that Company and its affiliates, partners, third party partners, suppliers, and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent or objectionable.

7. Use of Third Party Content and Services

You agree that the Third Party Content and Services contain proprietary information and material that is owned by the Company and its affiliates, partners, third party partners, suppliers, and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by You.

8. Term and Termination.

Term. These Terms shall be effective immediately upon your access or use of Saripay’s Services provided through the Saripay App or Web Domain. You acknowledge that the Services may be terminated if the Company’s licenses as granted by the Bangko Sentral are revoked, relationship with third-party providers of the Company is terminated, and/or if the Company chooses to terminate the Services as a business decision.
Termination. The Company may, in its sole absolute discretion, at any time and for any or no reason, suspend or terminate your access and use of the Services and the rights afforded to You under these Terms with or without prior notice. Furthermore, if You fail to comply with the terms and conditions, then your access and use, and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by the Company. Upon termination of the Services, You shall cease all access and use of the Services. The Company may provide a reasonable transition period where you can liquidate.

9. Consumer Assistance Unit

Saripay is committed at all times in providing best practices as to consumer protection and in adhering to the BSP Consumer Protection Standard of Conduct. Saripay values and welcomes customer feedback, comments, suggestions, needs and concerns.

You may visit the Saripay Help Desk (https://saripay.com/helpdesk/) or send an email to our customer success team at secretariat@Saripay.com if you have any concerns or problems with our service. You may also reach out with the BSP’s Financial Consumer Department at consumeraffairs@bsp.gov.ph. You understand and agree that reporting your concern through Saripay Help Desk or its customer support service is a condition precedent to the filing of complaint to the BSP’s Consumer Assistance Mechanism.

10. Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND BY ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. THE COMPANY AND ITS AFFILIATES, PARTNERS, THIRD PARTY PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, THIRD PARTY PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT

THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS;
THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR- FREE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE REPRESENTED OR MEET YOUR EXPECTATIONS; OR
ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL
BE CORRECTED, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.

FURTHERMORE, YOU ACKNOWLEDGE THAT THE COMPANY HAS NO OBLIGATION TO CREATE ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.

11. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, PARTNERS,THIRD PARTY PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION OR ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT,TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF PHP 3,000.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Indemnification.

You shall indemnify, defend and hold harmless the Company and its affiliates, partners, third party partners, suppliers, and licensors, and each of their respective officers, directors, agents and employees, (the ‘Indemnified Parties’) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense, (including without limitation, fees, attorney’s fees, and other professional advisors) arising out of or in connection with the following:

Your access to or use of the Application or Third Party Content and Services;
Your breach of this license;
Your violation of law;
Your negligence or willful misconduct;
Your violation of the rights of a third party, including the infringement by you of any intellectual property or misrepresentation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

13. Compatibility.

Company does not warrant that the Application will be compatible or interoperable with Your mobile device or any other piece of hardware, software, equipment or device installed on or used in connection with Your mobile device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of Your mobile device to diminish or fail completely, and may result in permanent damage to Your mobile device, loss of data located on Your mobile device, and corruption of the software and files located on Your mobile device. You acknowledge and agree that the Company and its affiliates, partners, third party partners, suppliers and licensors shall have no liability to You for any losses suffered from or arising in connection with compatibility or interoperability problems.

14. Product claims.

You acknowledge that You, and not the Company, are responsible for addressing any third party claims relating to Your use or possession of the Application and agree to notify the Company of any third party claims relating to the application of which You become aware. Furthermore, You hereby release and forever discharge the Company from any and all liability/ies resulting from Your use or possession of the Application, including, without limitation to the following:

any product liability claims;
any claim that the Application fails to conform to any applicable or regulatory requirement; and
any claim arising under consumer protection or similar legislation.

15. Fraudulent or Suspicious Transactions

An “unauthorized” or “fraudulent” transaction occurs when Saripay Coins are sent or debited to a Saripay customer’s Wallet without the customer’s consent or authorization.

Saripay, in its sole discretion, shall have the right to suspend or deactivate your Saripay account, in the event that Saripay has reason to believe that your Saripay Account is being used or may be used for fraudulent or suspicious transactions, or by an unauthorized person. Saripay, is under no obligation to give prior notice to suspending or deactivating your Saripay Account or blocking the transaction being suspected of illegal activity pursuant to this provision.

After its investigation, Saripay further has the right to debit from your Saripay Account any and all amounts representing, involving, or relating to the proceeds of a fraudulent or unlawful activity, which Saripay shall return or credit to the defrauded or otherwise affected or injured Users or entities.

You further acknowledge and shall hold Saripay free and harmless against any and all consequences of such suspension, deactivation or blocking, or any loss or damage which you may suffer as a result thereof, unless User has proven Saripay’s fault or negligence.

16. Procedure for Recovery of Lost Saripay Coins in the Event of Unauthorized Transactions

In the event of an unauthorized transaction, customers shall follow the recovery procedure for reporting lost stolen credits in the Saripay Wallet outlined below:

Recovery Procedure

To report a complaint, customer may reach Saripay through any of the following channels:
1. Call the Saripay Hotline – +639190599916;
2. Saripay Help on the Mobile App
3. Saripay Facebook https://www.facebook.com/SaripayPH
4. Saripay Help Desk
  *Complainant/Account Owner acknowledges that certain personal and account information would be requested in order to verify the identity of the complainant/account owner.
To process the complaint, Customer should be able to provide the following:
1. Date and Time of the alleged unauthorized transaction.
2. Details of the unauthorized transaction i.e. transaction reference number, purpose if any, name or identity of recipient, etc.
3. Supporting documentation
To be eligible for the recovery of amounts in the Saripay Wallet that were debited during an unauthorized or fraudulent transaction, such unauthorized or fraudulent transaction must be reported within a ten (10) day period from the date of the occurrence of the unauthorized or fraudulent transaction or date of discovery whichever comes first. Days for the purposes of this section shall mean calendar days.
Upon reporting of the unauthorized or fraudulent transaction to Saripay with the necessary details required, Saripay shall issue the customer a ticket number, which will serve as the customer’s reference for their complaint. The Customer may use the ticket number to follow up on the status of the Complaint.
Saripay shall then investigate the Customer’s Complaint and may require electronic copies of documents from the Customer to substantiate the Customer’s claim and continue processing the ticket.
Saripay will exert reasonable efforts to complete its investigation within five (5) working days. However, it may exceed such period, if circumstances of the case require more time for the resolution of the issue.
If after the investigation, Saripay concludes that a fraudulent or unauthorized transaction occurred absent any fault or negligence on the part of the account owner, it shall credit back the amount to the Customer’s Saripay wallet. However, if after the investigation, Saripay concludes that no fraud occurred or that the Customer has in fact authorized the transaction, it shall not credit the amount back to the Customer’s Saripay wallet.
Exclusions: In the event that the Customer inadvertently transfers any amount to the wrong Saripay wallet, Saripay may only debit back the amount if the recipient has not spent or transferred the same. In such case, the risk of loss shall be borne by the Customer.

17. Miscellaneous.

Governing Law. This License shall be deemed to take place in the Philippines and shall be governed and construed in accordance with the laws of the said country excluding its conflict of law principles. Any disputes arising from this License shall be adjudicated in the Courts of Taguig City, to the exclusion of all other venues. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the Application of which is expressly excluded.
Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of the License, or the Application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent as permitted by law.
Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
Modification or Amendment. Company can modify or amend the terms of this License by posting a copy of the modified or amended license on the company’s website at www.Saripay.com or by updating the terms and conditions uploaded in the Application. You will be deemed to have agreed to any such modification or amendment by ticking I agree to the terms and conditions of use of the Saripay Mobile Application and the Web Domain and Your decision to continue using the Application following the date in which the modified or amended license is posted on the company’s website.

Any changes or amendments to these terms shall take effect at least sixty (60) days after the public notice, unless the amendments are directed by the Bangko Sentral to take effect immediately, or unless otherwise provided in existing laws, rules and regulations.

Survival. The following sections of this license and any other provisions of this license which by their express language or by their context are intended to survive the termination of this License shall survive such termination: 1, 2(G), 3(D), 5, 8, 10,11,12,13 and 14.
Assignment. Except as permitted in section 4, You shall not assign this license or any rights or obligations herein without the prior written consent of the Company and any attempted assignment in contravention of this provision shall be null and void and of no force and effect.
Entire agreement. This license including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such matter.

Terms and Conditions For Use of Bills Payment Facility

Sa pamamagitan ng pagsang-ayon sa mga nakasulat at paggamit ng serbisyong ito, ipinapahayag ni Store Owner ang kanyang hangarin na magamit ang iba’t ibang mga serbisyo ng Saripay. Si Store Owner ay katuwang sa negosyo ng Saripay, kung kaya’t ang nasabing akreditasyon ay may kaakibat na mga pangako at obligasyon na sa lahat ng oras ay susundin ang mga alituntunin at kondisyon na nilalaman ng Kasunduang ito.

Kinikilala ni Store Owner na ang Saripay ay may Bills Payment Facility kasama ang kanyang mga partner sa industriya at may sapat na kakayahan at kinauukulang akreditasyon upang gawin ang mga serbisyo bilang saing Bills Payment Facility. Bukod dito, kinikilala din na may karapatan ang Saripay na magdagdag o magbawas ng mga billers sa naturang aplikasyon anumang oras at ng walang abiso. Si Store Owner, bilang isang accredited na katuwang sa negosyo, ay binibigyan ng Saripay ng access sa platform ng Saripay at pinahihintulutan kumilos bilang Bills Payment Center. Bilang isang Bills Payment Center, maaaring magproseso ng bayad ang Store Owner para sa mga bayarin tulad ng telephone bills, tubig, kuryente, Internet, at iba pa, para sa kanilang mga customer, sa mga billers na nais nitong bayaran.

Para sa bawat matagumpay na transaksyon na naproseso, ang iyong Saripay wallet ay i-dedebit, depende sa transaksyong ginawa mo. Naiintindihan ni Store Owner na ang mga pagbabayad ay di nangangailangan ng printed na resibo. Ang pag gamit ng serbisyong ito, na may password o One Time Pin (OTP), ay sapat na bilang patunay na ang nasabing pagbabayad ay awtorisado at hindi makukwestyon. Pagkatapos ng transaksyon, walang pananagutan ang Saripay sa anumang isyu o problema sa maling halaga na nilagay, o dispute sa pagitan ng biller at ng Account Owner ng nasabing bayarin. Gayun pa man, aasiste ang Saripay sa mga Store Owner sa mga problema sa mga transaksyon, ayon sa Kasunduang ito. Maari rin itong magtalaga ng bayarin kung kinakailangan.

1. Mga Takda

Ang mga sumusunod ay mga alituntunin sa paggamit ng Bills Payment Facility:

Maaaring i-settle ng Store ang bill o bayarin gamit ang balanse sa kanyang Saripay wallet o kaya naman ang credit na nasa kanyang ELista, kung ito ay naka-enable.
Maari lamang gamitin ni Store Owner ang Bills Payment Facility kapag ito ay may sapat na balanse sa kanyang Saripay wallet. Kung sakali man na kulang ang laman ng kanyang Saripay wallet upang magawa ang transaksyon, maari nitong dagdagan muna ang kanyang Saripay wallet gamit ang mga available na top-up channels, o maaari nyang gamitin ang ELista para humiram ng pondo. Ang pag gamit ng ELista ay sakop ng sarili nitong terms and conditions o alituntunin na dapat ding sundin ng Store Owner.
Hindi pinapayagan ang Store Owner na maglagay ng patong sa mga transaksyon. Maaari itong magresulta sa pagkatanggal ng serbisyo o kaakibat na aksyon, kapag matuklasan.
Ang anumang personal na impormasyon na matatanggap, makikita, o makukuha ni Store Owner ay hindi niya puwedeng gamitin sa paraang walang pahintulot ng customer o ng Saripay. Halimbawa: Kapag ibinigay ng customer ang kanyang mobile number sa Store upang maisagawa ang bills payment transaction, ang numero na ito ay hindi puwedeng gamitin para sa ibang bagay nang walang pahintulot ng customer. Ayon sa batas, hindi maaring ipagkalat o ipagbigay alam sa ibang tao ang personal na impormasyon na ibinigay ni customer sa ibang tao. May sariling Privacy Policy rin na pinapatupad ang Saripay na kailangan ding sundin.
Ang paglabag sa mga alintuntunin na nakasaad dito ay maaring maging sanhi ng pagkansela ng kasunduan na ito, multa na hindi bababa sa Limang Daang Piso (P500.00) at ang Saripay ay nirereserba ang karapatan upang magsampa ng kaukulang kasong administratibo, sibil, at kriminal, sa mga taong responsable sa pagsuway ng mga nakasaad na takda.
Ang mga isyu o update sa mga transaksyon ay maaaring itawag sa Bayad Center (support@bayad.com, (02) 8672-5777, +63 920-966 3000, +63 917 836 3000) o ECPay hotlines ((02) 7906 9530 helpdesk@ecpay.com.ph, 0917 54ECPAY (32729), 0919 06ECPAY (32729)).
Kung sakali mang magkaroon ng hindi pagkakaunawaan o pagkakamali ukol sa hindi wastong halaga ng Saripay balance na nabawas ay kinakailangan ipaalam agad sa Saripay sa loob ng apatnapu’t walong oras (48 hours). Ang pagkabigo upang iulat ang nabanggit sa loob ng nasabing panahon mula sa pagkatuklas o paglitaw ng error o hindi pagkakaunawaan ay maaaring maging sanhi ng pagtanggi ng kahilingan at maaaring hindi maibigay sa pagbabalik ng nawawalang halaga o balanse. Kinakailangan mag-ulat agad ng mga pagtatalo o pagkakamali sa Customer Support ng Saripay sa 09283034094 at ibigay ang mga personal na impormasyon at sumusuportang dokumento, tulad ng kasaysayan ng transaksyon, bilang suporta sa ulat.
Sa loob ng lima (5) hanggang pitong (7) business days o araw na may trabaho, ang Saripay ay magsasagawa ng pagsisiyasat sa iniulat na bagay. Kung sakaling matuklasan na mayroong mismatch sa Saripay wallet, aayusin ng Saripay ang account upang maipakita ang tamang transaksyon sa loob ng dalawampu’t apat na oras (24 hours) mula nang ma-verify ang hindi pagkakaunawaan o error.
Ang mga serbisyong nakasaad ay gagawin ng Saripay, ngunit anu mang transaksyon na maantala o makansela sa anumang rason, kabilang na ang problem sa internet connection, maling mga impormasyon na ibinigay, at pagsunod sa mga batas at alituntunin na nakakasakop sa nasabing transaksyon ay hindi pananagutan nito.
Ang Saripay, sa sarili nitong pagpapasya o pagdetermina ay maari ding tanggihan o ikansela ang mga transaction o payment requests kung may mga maling impormasyon na ibinigay o may paniniwala ang Saripay na ginagamit ang naturang aplikasyon sa mga kahina-hinalang mapanlinlang o panlolokong transaksyon (fraudulent transactions) ng labag sa mga terms and conditions nito.
Maaaring baguhin ng Saripay kahit kailan ang alinman sa mga alituntuning nakasaad at bigyan ng karampatang abiso ang Store ukol sa mga pagbabagong ginawa.

2. Mga Pagpapatupad at Kasunduan

Concerns and Issues
– Para sa mga problema o katanungan maaaring tumawag sa Customer Support. Sa mga isyu na di kayang maresolusyonan ng call center, ang Saripay ay mag-coordinate sa kanyang partner company sa Bills Payment Facility upang magpadala ng suporta sa tindahan.

3. Pagsang-ayon

Naiintindihan ko at kinikilala na ang terms and conditions ng Saripay Application, kabilang na ang Privacy Policy, ay nasasakupan din ang kasunduang ito. Ang pagtanggap sa mga nilalaman ng kasunduan na ito ay patunay na nabasa ko at naiintindihan at susundin ang lahat ng nilalaman nito.