TERMS AND CONDITION
(PAYMAYA SERVICE)

1. DEFINITION

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

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

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

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

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

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

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

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

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

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

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

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

1.13 PayMaya App/PayMaya Web Portal - mobile application that serves as the interface between the account holder and his PayMaya Account.

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

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

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

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

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

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

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

2. PAYMAYA ACCOUNT

The PayMaya Account is a reloadable electronic wallet redeemable only at face value. It shall not earn interest nor monetary rewards and other similar incentives convertible to cash, nor shall any monetary amount be purchased at a discount. It is not a depository account hence, is not covered by the Philippine Deposit Insurance Corporation (PDIC). It shall be treated as a personal account of the Account Holder and shall not be used to engage in the business of remittance or for any other business purposes, except upon execution of a written agreement with PayMaya Phils., Inc. allowing such.

It is subject to the rules and regulations of the Bangko Sentral ng Pilipinas (BSP) and the Anti-Money Laundering Act (AMLA).

PayMaya Phils., Inc. may suspend or terminate the use of the Service for whatever reason it deems fit.

3. STAND-ALONE CARD

The Account Holder has the option to get a Card by indicating such option in the application form, purchasing it from partner retail channels and other channels which PayMaya may partner with moving forward. PayMaya Phils., Inc. shall send the Card to the Account Holder’s address indicated in the application form as applicable as soon as the same becomes available and at PayMaya’s convenience. A stand-alone PayMaya Card may be loaded/reloaded through a loading center. It may also accept transfer of value from another PayMaya Account. Payments using a stand-alone PayMaya Card are limited to In-store Payments only.

The Card is owned by PayMaya and it is not transferable and will be honored by Merchants only when properly signed and presented by the Account Holder in good standing, and the Cardholder signs the required charge invoice or keys-in the card PIN, if purchase is in person. An Account Holder is in good standing if all of the required documents and proper KYC has been complied with, and his/her privilege to use the Card is not suspended, canceled, terminated, withdrawn or confiscated and has not expired. The privileges of the CARD may be suspended, canceled or terminated by PayMaya at any time and for whatever cause and the Account Holder agrees to surrender his/her Card upon demand to any PayMaya office and/or branch or to its duly authorized representative. The Account Holder agrees to hold PayMaya free and harmless from any claim for damages arising from such suspension, cancellation, termination, withdrawal or confiscation. Continued use of the Card despite notice of such shall be considered fraudulent.

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

4. ATM USAGE

Conditional on additional procedures required by PayMaya, AML rules and other procedures or regulations for the activation of ATM use, the Card may be used to withdraw cash at any Bancnet, VISA or Mastercard Automated Teller Machine (ATM) terminals subject to applicable bank charges, if any. All ATM transactions are treated as cash withdrawal transactions.

5. LOADING VALUE

5.1 An Account Holder can load the PayMaya Account through the Mobile Banking Service (MBS) or via accredited Top-Up Centers or accredited Merchants.

5.2 The value loaded into the PayMaya Account may be withdrawn through participating ATMs (as stated in paragraph 4 above) or other accredited money out channels, subject to withdrawal amount limits, and fees as may be applicable. The applicable charges and fees shall be automatically deducted from the balance in the account.

5.3 PayMaya may impose minimum and/or maximum amounts per load, per account depending on business needs and applicable law, rules and regulations.

6. TRANSFER OF VALUE

6.1 An Account Holder may transfer value from his/her PayMaya Account to another PayMaya Account and/or other accredited partners using the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel. Once authenticated and logged-in to the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel and once the transfer is consummated therein, the transfer of any value and/or any activity is deemed valid, and cannot be disputed by the Account Holder.

6.2 Where applicable, recipients of transfer of value or amounts have a limited time to accept the transaction, or may themselves cancel the transfer. Once cancelled, or the time allotted has lapsed or expired, the transfer of value will not longer be received, and cannot be disputed by the Account Holder.

7. PAYMENT OF GOODS & SERVICES

The value loaded into the PayMaya Account may be used to purchase goods and services via POS or via Online Payments for a Merchant honoring Payment Schemes.

7.1 ‘REMOTE’ / ‘OFF-SITE’ PURCHASES
Payments for goods and services performed ‘off-site’, such as but not limited to access through the Mobile Phone, Phone Messaging App, landline telephone, and internet, where Account Holder is not physically present in the Merchant’s premises when making a purchase, will not require the Account Holder’s signature in the Merchant’s transaction slip.

The act of transferring to the Merchant’s assigned PayMaya Account and the keying in of the password for the purposes of authorizing a transfer, or unlocking for internet transactions, shall be sufficient evidence that the payment made has been authorized, validated, and cannot be disputed by the Account Holder. Once the payment transaction has been authorized and consummated, PayMaya Phils., Inc. shall not be held liable for any undelivered goods or non-performance of services, defects, damages, and after-sales services of such goods and/or services, and/or any other dispute between the biller and the Account Holder arising from such payment

7.2 BILLS PAYMENT

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

7.3 SELF-LOAD AND MOBILE PAYMENTS

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

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

8. MERCHANT

The Service is accepted worldwide by any accredited Merchant honoring Payment Schemes and PayMaya transactions. In the event that the Service is not honored by the Merchant or the Merchant’s POS or is honored but payment is declined or not authorized, the Account Holder agrees to hold PayMaya Phils., Inc. free from any liability, claim or damages. The Account Holder shall not hold PayMaya Phils., Inc. responsible for any defective product or service purchased through the Service.

9. TRANSACTION AND CARD LIMIT

Transaction and card balance limits may be assigned or changed by PayMaya Phils., Inc., at its option pursuant to product type of the PayMaya Account , completeness of the information provided by the Account Holder, applicable law, rules and regulations, subject to fifteen (15) days prior notice to the Account Holders. An SMS/Text message/Message shall be deemed as notification to the Account Holders.

10. SMS – SHORT MESSAGE SERVICES & PHONE MESSAGING APP

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

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

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

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

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

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

11. ACTIVATION AND DEACTIVATION OF PAYMAYA SERVICE FEATURES

PayMaya Phils., Inc. may introduce other Service features. Moreover, it may also deactivate existing features at its option at any time.

On a case to case basis, PayMaya Phils., Inc. may opt to suspend or terminate an Account Holder’s privilege to use a particular feature whenever it deems appropriate and without prior notice, particularly, but not limited to occasions when there are fraudulent transactions or suspicious activity. In such cases, PayMaya Phils., Inc. may charge a fee upon reactivation of the said feature, as per request of the Account Holder. The approval of the request shall be the sole option of PayMaya Phils., Inc.

12. FOREIGN PAYMAYA ACCOUNT/CARDHOLDER

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

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

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

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

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

13. LOYALTY PROGRAM

PayMaya Phils., Inc., at its sole option, shall run a Loyalty Program on the use of the Service. The Account Holder’s right and obligation in the Loyalty Program shall be covered by the Terms and Conditions specific to the Loyalty Program.

14. FEES, RATES & OTHER CHARGES

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

The Account Holder agrees to pay other fees and charges and applicable taxes, related to the PayMaya service and its use, as may be imposed by PayMaya Phils., Inc., such as, but not limited to, ATM withdrawal, load and encashment fees. Fees and other charges, as may be applicable, shall be inclusive of all applicable Philippine taxes and shall be debited from the Account Holder’s PayMaya Account or paid upfront. Should these fees and other charges result in a debit balance in the Account Holder’s PayMaya Account, the amount shall be due and demandable from the Account Holder and/or debited from the PayMaya account upon the availability or replenishment of funds thereof without prior notice. The amount of fees and charges may be revised from time to time as PayMaya Phils., Inc. may deem necessary.

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

15. STATEMENT OF TRANSACTION

The Account Holder at any time may view his/her statement of transactions by logging-in to the Paymaya Account. The mere act of PayMaya Phils., Inc. in making the Statement of Transactions viewable at any time via PayMaya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel is conclusive presumption that the Account Holder has received the same. PayMaya Phils., Inc. shall be held free and harmless from any and all liability should the Statement of Transactions be read by a person other than the Account Holder. Neither may Account Holder thereafter raise the defense that he/she failed to receive the Statement of Transactions. In all instances, the Account Holder may inquire about the Statement of Transactions by contacting the Service Hotline.

Statement of Transactions as viewed in the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel shall be conclusive account of Account Holder’s transaction. Any dispute shall be handled in accordance with paragraph 15 below.

16. DISPUTES OF UNAUTHORIZED TRANSACTIONS

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

The details in the Messenger notification/SMS/Text confirmation message after every transaction and/or the entries in the Statement of Transactions are presumed true and correct unless the Account Holder notifies the Service PayMaya Hotline in writing of any dispute thereon within fifteen (15) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries in the Statement of Transactions are deemed true and correct. Disputed transactions shall only be credited back to Account Holder’s PayMaya Account once the claim/dispute has been properly processed, investigated, and proven to be in favor of the Account Holder.

The Account Holder shall pay a corresponding processing fee for each sales slip retrieved upon the request of the Account Holder or by PayMaya Phils., Inc. arising from an invalid dispute.

17. ACCOUNT HOLDER RESPONSIBILITIES

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

i. Sign the Card as soon as received; 

ii. Keep Card in a secure place and treat it with care, as if it were cash;

iv. Make sure the Card is returned promptly after a Card Transaction; 

vi. When the PIN notification is received, memorize the PIN and destroy the notification; 

vii. Make sure your PIN is not seen/read by any other person when being used in the presence of others;

viii. Change your PIN regularly;

ix. If the PIN is or may have been seen by any other person, change it immediately;

x. Do not write down or keep PIN on or close to the Card. Disguise and record of the PIN;

xiii. Do not allow any other person to use the Card or PIN; 

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

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

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

18. LOSS OF PHONE AND/OR PAYMAYA CARD

In case of loss of any of PayMaya Card, the account holder may block a card using his/her PayMaya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel. In case the account holder does not have a PayMaya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel, the Account Holder shall immediately inform PayMaya Phils., Inc. through the Service Hotline of such loss within twenty-four (24) hours, via telephone or thru a written report. Cancellation of the PayMaya Service/Card shall be processed only upon proper authentication of the phone call or the signature in the written report, as the case may be. All purchases and transactions made thru the use of the service prior to the report of loss shall continue to be the liability of the Account Holder.

A replacement of the PayMaya card may also be created and delivered to the Account Holder, at the cost of the Account Holder. The remaining Peso Value in the cancelled PayMaya Card shall be transferred to the new PayMaya Card.

19. EXPIRY, RENEWAL, REINSTATEMENT, CANCELLATION OF ACCOUNT

The Account Holder shall not use the PayMaya Account after the expiry date indicated thereon. Renewal of the PayMaya Account shall be subject to the approval of PayMaya Phils., Inc. PayMaya Account which has been suspended by PayMaya Phils., Inc. may be reinstated by PayMaya at its option. The Account Holder’s continued use upon suspension, termination or expiration shall be considered a fraudulent act and will be a ground for criminal action.

PayMaya Phils., Inc. reserves the right to charge a dormancy fee if the PayMaya Account remains inactive and/or not loaded over a fixed period of time as may be required by PayMaya Phils., Inc., or not to renew, temporarily or permanently, the Service upon expiration, cancellation, or suspension.

Any Peso Value remaining in the PayMaya Account after cancellation and/or expiration shall be processed by PayMaya Phils., Inc., according to the rules set forth by the Bangko Sentral ng Pilipinas (BSP).

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

20. TERMINATION OF PAYMAYA SERVICE

Should the Account Holder (a.) fail to comply with the Terms & Conditions provided herein or for any reason fail to renew the PayMaya Account or (b.) the PayMaya Account is not renewed by PayMaya Phils., Inc. (c.) the account contains suspicious/fraudulent activity or (d.) Account Holder dies or becomes insolvent, however evidenced, the right to use the PayMaya account shall be terminated without prior notice.

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

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

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

21. CHANGE OF TELEPHONE NUMBERS / ADDRESS

The Account Holder shall immediately notify Service Hotline via telephone or a written notice of any change in his/her residence, office or mailing address and/or telephone number/s.

22. CHANGE OF NAME

The Account Holder shall immediately notify the Service Hotline via a written notice of any change in name of the Account Holder. The Account Holder shall likewise attach certified true copies of the necessary documents, such as but not limited to marriage certificate, or court order, as proof or evidence of such change.

23. EXCLUSION FROM LIABILITY

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

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

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

23.1 Refusal of PayMaya Phils., Inc. or any other bank, financial institution, ATM or Merchant and the like to allow, accept or honor the PayMaya card/account.

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

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

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

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

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

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

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

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

24. LIMITATION OF LIABILITY

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

25. FRAUDULENT CARD TRANSACTIONS

25.1 Blocked Card – PayMaya Phils., Inc. shall have the right to automatically suspend or block the Card in the event that PayMaya Phils., Inc. has reason to believe that the Account Holder’s Card account may be used fraudulent or suspicious transactions or by an unauthorized person. PayMaya Phils., Inc. may, but shall not have the obligation to, inform the Account Holder prior to suspending or blocking the Card pursuant to this Section. The Account Holder acknowledges the authority of PayMaya Phils., Inc. to suspend or block the Card and accordingly, the Account Holder shall hold PayMaya Phils., Inc. free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which the Account Holder may suffer as a result thereof.

25.2 Discretion – Without giving any reason or notice, and without prejudice to the other provisions hereof, PayMaya Phils., Inc. has the absolute discretion (a) to refuse to approve any proposed Card transaction even if there is sufficient available balance; (b) to suspend, terminate or cancel the Account Holder’s right to use the Card; (c) to increase or decrease the balance limit; (d) to refuse to reissue, renew or replace the Card and/or (e) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with the Card account, whether specifically relating to the Account Holder or generally to all or specific Account Holders, but subject to paragraph 29 below.

25.3 PayMaya Phils., Inc. shall not be responsible if it does not approve any service transactions or settlement under the Service of the Account Holder even if there is sufficient balance limit available. Neither shall PayMaya Phils., Inc. be responsible if the merchant does not accept or honor the Card, even if there is sufficient balance available.

25.4 PayMaya Phils., Inc. may limit the number of purchases, or other Card transactions which may be approved in one day. If PayMaya Phils., Inc. detects any unusual or suspicious activity in the Card account, PayMaya Phils., Inc. may require the Account Holder to contact the Service Hotline or temporarily suspend the Account Holder’s privileges until PayMaya Phils., Inc. can verify the activity. PayMaya Phils., Inc. may likewise approve purchases, service transactions, or other Card transactions which in the aggregate cause the card usage to exceed the limit without waving any of PayMaya Phils., Inc.’s right hereunder.

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

26. DATA PRIVACY NOTICE

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

1. Conducting analysis for purposes of research and marketing initiatives, including the creation of your personal profile based on your interests, preferences, mobility patterns from physical locations that you may visit, and other information that may be relevant for marketing and market research purposes;

2. Managing your account, providing customer care activities, monitoring the quality and security of the network, training our staff, and providing the services to you in a timely and efficient manner;

3. Generating statistical insights based on your usage and other information to assist the Government in planning for healthcare, disaster, and other similar initiatives;

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

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

6. Sharing your personal data with PayMaya’s business partners, authorized third-party content providers or other authorized third-party services; and

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

Your personal data will be maintained in our records throughout your availment of the service, and for a maximum period of five years thereafter. You are afforded certain rights in relation to your personal data under the Data Privacy Act, including the right to object to processing, the right to access your data, the right to rectification of inaccurate data, and the right to erasure or blocking of data.

27. DISCLOSURE

PayMaya Phils., Inc. shall keep all Account Holder files in strictest confidence. By supplying its personal information for the purpose of availing itself of PayMaya Account, Account Holder expressly consents to the processing of its supplied personal information for the purpose of creating and maintaining such account. Such consent includes authorization for PayMaya to disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers and other consultants, pre-paid/debit/credit bureaus or any such persons as PayMaya Phils., Inc. deems necessary, or as required by law, rule or regulation.

28. GOVERNING LAW

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

29. VENUE OF LITIGATION

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

30. NON-WAIVER OF RIGHTS BY PAYMAYA

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

31. SEPARABILITY CLAUSE

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

32. AMENDMENTS

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

33. AGREEMENT

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

34. COMPLAINTS HANDLING PROCEDURE

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

PayMaya Customer Service No. (632)845-7788; Domestic Toll-Free Landline: 1-800-108457788

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

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

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


TERMS OF SERVICE

DEFINITION OF TERMS

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

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

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

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

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

USER REPRESENTATION AND WARRANTIES

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

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

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

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

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

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

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

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


ACCEPTABLE USE POLICY

YOU AND THE SERVICES

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

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

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

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

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

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

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

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

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

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

YOU AND USER CONTENT

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

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

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

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

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

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

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

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

THIRD PARTY CONTENT & SERVICES

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

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

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

RESERVED RIGHTS

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

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

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

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

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

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

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

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

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

10. Table of Fees and Charges:

TRANSACTION CHARGES and FEES
Send Money
PayMaya to PayMaya
Free
(Promo Period)
Send Money
PayMaya to Smart Money (v.v.)
0.5%
(Sender pays)
Reload
Convenience Stores (7-11)
Free
(Promo Period)
Reload
Malls (SM & Robinson's)
Free
(Promo Period)
Reload
Smart Wireless Centers
Free
Reload
Padala Centers
2-3%
Bills Payment via Messenger
Padala Centers
Php 10
Reload
Bank - BDO ATM & Online
Php 15 / transaction
ATM Withdrawal
Bancnet
15.00
ATM Withdrawal
Landbank
5.00
Maintaining Balance no fees
AVISA Payment
Online or Over the Counter
no additional fees


DATA PRIVACY STATEMENT

Our Approach to Privacy

To provide you with the best customer experience, PayMaya Philippines, Inc. (PayMaya) is committed to protecting your privacy and staying transparent with the way we handle your personal information. For this we have designed a privacy policy that will help you understand how we collect, use, store, share and protect the personal information you have entrusted us.

Privacy Policy

Our privacy policy values and protects your personal information under the Data Privacy Act of 2012 and the laws of the Philippines. Personal information simply means any information or data that can be used to distinguish, identify or contact you.

Our Privacy Policy explains:

• Why we collect personal information

• What kind information we collect

• Where we get these information

• Who we share your information with

• How we protect your information

• Your choices, including how you can check and update any personal information we have about you

• What happens if there are changes in our privacy policy

As a condition for use of our products and services, you are consenting to the Privacy Policy of PayMaya Philippines, Inc. (we, our, us) and its subsidiaries, affiliates, and subcontractors; and the collection, use, access, transfer, storage and processing of your personal information as described in this Privacy Policy.

Why we collect personal information

To improve our products and services, it is important that we collect, use, process and analyze your personal information when it is reasonable and necessary. When we can, we aggregate and anonymize this information such that you are never identified as an individual. [Aggregating simply means presenting information in segments or categories like age groups; anonymizing means removing personally identifiable information from the data].

In particular, we are using your information to:

1. Manage your account, provide customer care activities, monitor the quality and security of the network, train our staff, and provide services timely and efficiently;

2. Send commercial and promotional advertisements, loyalty and rewards offers, surveys, customer care and aftersales communications, and other broadcast push messages;

3. Share your personal data with third-party content providers or other third-party services for which you sign up;

4. Conduct analysis for research and marketing initiatives, including the generation of anonymized or non-personally identifiable location and mobility data to show footfall, location patterns, crowd density, and other information that may be relevant for marketing purposes;

5. Generate statistical insights based on usage/network information to assist the Government in planning for healthcare, disaster, and other similar initiatives;

6. Run credit scoring programs and initiatives, including but not limited to, providing information to the Credit Information Corporation in accordance to Republic Act No. 9501, otherwise known as the Credit Information System Act; and

7. Perform such other processing or disclosure that may be required under law or regulations.

In cases where your separate and full consent is given, we are also processing your personal data to:

1. Create your personal profile based on your interests, preferences, mobility patterns from physical locations that you may visit, and other information that may be relevant for marketing and market research purposes;

2. Share your personal profile based on your interests, preferences, and mobility patterns from physical locations that you may visit, to our business partners and third-party service providers;

3. Compute your credit score based on data collected internally within the PLDT Group and its subsidiaries and affiliates, and share your credit score to third-parties to whom you specifically instruct us to share your credit score; and

4. Send you information on offers, promotions, and advertisements from our business partners and third-party service providers.

What type of information we collect

We collect information to provide better services to all of our users. This may range from the most basic like being able to offer promos that best suites the user’s to more complex use cases like which related services and digital content a user might find interesting & useful. This includes information such as:

Who you are

• Basic personal information like your name, date of birth, gender, nationality, address, and identity supporting documents such as SSS or passport numbers. You can check what we know about you by making a request to the PayMaya Data Privacy Officer through the contact details provided below;

• Your credit card, bank and payment details; and

• Your contact details like billing address, telephone number, mobile phone number, email address;

What you use our product/services for

• Use of virtual or physical card to purchase online

• Use of physical card to purchase in store

• Purchase of fast moving digital goods which includes but not limited to prepaid airtime load, prepaid cable packages, gaming e-PINs etc.

• Utility bills payments and government contributions

• ATM withdrawals, payments and transfers to third parties

• Account maintenance, including change in account information and contact details

• The device you use when to access our Products and Services (such as your mobile handset, your computer system and platform) to customize our service for you

• No, we don’t look at the content of your text messages and we don’t listen to your calls, unless you’re talking to our hotline

What you do with your PayMaya Account

• This includes when and how much you reload or pay your bills; and

• How often you access your account and why.

Where we get these information

There are a few different ways we collect information.

Information that you personally give us

Most of the personal information we have are those that you have given us yourself. You provide us personal information when you:

• Apply for subscription/registration to our services by via the Mobile App, filling out a Service Application Form online, in one of our stores, or provide personal information to one of our TeleSales representative;

• Get in touch with us to ask about something, file a complaint or request for service;

• Take part in our research and surveys; and/or

• When you apply for job with us.

Information we collect during our relationship with you

We also collect information as you use our products & services, like when you:

• Use our networks - whether it is mobile, Wi-Fi, or other channels;

• Pay your bill or purchase add-on products and services;

• Use our apps, websites and self-service channels; and

• Join our promos, prize raffles or reward & loyalty programs

Information we collect from other sources

We also collect information from commercially or publicly available sources like published directories and public documents. We may also obtain your personal information from third parties and from other sources which you have given consent for the disclosure of such information relating to you and where otherwise lawfully permitted.

Who we share your information with

We will never share, rent or sell your personal information to third parties outside PayMaya (or the group of companies of which PayMaya is part of) except in limited circumstances as noted in this policy. In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, partners and other third party agencies as part of business operations and the provision of our products and services. This means we might share your information with:

• Our partner companies, organizations, or agencies including their sub-contractors or prospective business partners that act as our service providers, contractors, professional advisers who help us provide our products and services, for example our couriers for bill delivery and our customer contact centers for our hotline operations;

• Other companies in the PLDT Group of companies;

• Law enforcement and government agencies; and

• Other companies whom you have also given consent to share your information

How we protect your information

The integrity, confidentiality and security of your information are particularly important to us. That’s why we strictly enforce our privacy policy within the company and we have implemented technological, organizational and physical security measures that are designed to protect your information from unauthorized access, use, alteration and disclosure. We also put in effect safeguards such as:

1. We keep and protect your information using a secured server behind a firewall, encryption and security controls;

2. We restrict access to your information only to qualified and authorized personnel who hold your information with strict confidentiality;

3. We undergo regular audit and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected; and

4. We let you update your information securely to keep our records accurate

We will retain your personal data throughout the subscription of our products and services, and for a maximum period of five (5) years after account closure.

Your choices, including how you can check and update any personal information we have about you.

You are afforded certain rights in relation to your personal data under the Data Privacy Act of 2012, which includes the right to object to processing, the right to access your data, the right to modify of inaccurate data, and the right to erasure or blocking of data.

If you wish to have access to your personal information in our records; or you think that such personal information we have of you is incomplete, not up-to-date, or otherwise inaccurate; or prefer to opt-out of this privacy policy you may get in touch with our Data Privacy Officer through the contact details provided below.

Our Contact Details:

PayMaya Customer Service No. (632)845-7788; Domestic Toll-Free Landline: 1-800-108457788 or email: support@paymaya.com

Data Privacy Compliance Officer: dpo@paymaya.com

What happens when there are changes in this policy

From time to time, PayMaya may change this privacy policy to comply with government and regulatory requirements; to adapt to new technologies and protocols; to align with industry practices; or for other legitimate purposes. You will always be provided notice if these changes are material and, if we are required by law, we will also obtain your consent.

Website Privacy Policy

The policies below are applicable to the Web site and affiliate sites of PayMaya Phils. Inc. found at www.paymaya.com. Please be advised that the practices described in this Privacy Policy apply only to information gathered online at our Web site. They do not apply to information that you may submit to us offline or to Web sites maintained by other companies or organizations to which we may link or may have link through us.

By visiting our Web site, you are accepting the practices described in our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Web site.

PayMaya collects personal information, voluntarily submitted by visitors to the Web site, which enables us to respond to requests for publications, distribute e-newsletters, process employment inquiries and respond to requests for more information or assistance. PayMaya adheres to the highest standards of ethical practices in all of our operations and is dedicated to protecting the privacy of all visitors to our Web site. Except as disclosed below, we do not sell, barter, give away, rent or permit anyone outside of PayMaya to use your personal information.

We occasionally use third-party agents, subsidiaries, affiliates and partners to perform functions such as creative design, marketing, analytics, programming, site maintenance, providing customer service, etc., on our behalf. These entities have access to the personal information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of any personal information collected from the Web site. They are restricted from using, selling, distributing or altering these data in any way other than to provide the requested services to the Web site.

We may also use or disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to

(a) conform to applicable law or comply with legal process served on us or the Website;

(b) protect and defend our rights or property, the Web site or our users, and

(c) act under emergency circumstances to protect our safety and security and those of our affiliates, agents and the users of the Web site or the public in general.

PayMaya also collects anonymous information to help us tailor the Web site to visitor interests and concerns. We use "cookies" to help us understand which parts of our Web site are the most popular, where our visitors are going and how much time they spend there. The information that is gathered through cookies is used solely to assist in improving Web site design and function. This Web site is functional without the retention of cookies. You may elect to block cookies from this site through your browser settings. PayMaya strives to protect the transmission of any information submitted by visitors. PayMaya does not warrant that transmission of data will be completely secured, and any and all submissions are at the visitor's risk.

This Web site may contain links to sites operated by third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other Web sites.

Please remember that any information that you may share in public areas, such as message boards or feedback sections, becomes public, and therefore this Privacy Policy does not apply to any information you choose to make public. Please be careful about what you disclose, and do not post any personal information that you expect to keep private.

The Web site is published in the Republic of the Philippines and is subject to laws of the Republic of the Philippines. If you are located in a country outside the Republic of the Philippines and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the Republic of the Philippines. PayMaya shall not be liable under any circumstances for damages resulting from use of information collected from visitors to the site.

PayMaya may change this Privacy Policy to reflect, among others, changes in the way we collect visitor information.

Questions and comments should be directed to this email address. : dpo@paymaya.com

Last updated: July 20, 2017

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