TERMS & CONDITIONS

These Terms and Conditions serve as a legally binding agreement which will be applicable and effective for all users of PalawanPay as of February 2022.

Thanks for choosing PalawanPay!

Please read carefully the following Terms and Conditions (“T&C”) prior to completing the registration for an account with PalawanPay. The T&C shall set out the rights and obligations under which you may access and use the products of PalawanPay and the services associated with it (“PalawanPay Services”).

By opening, registering, or accessing your PalawanPay Account, you accept and agree to be legally bound by the provisions of these T&C. You also agree to comply with other additional policies that may apply to you such as PalawanPay’s Acceptable User Policy. If you do not understand or do not wish to be bound by the T&C, you should not access, register, or use any portion of the PalawanPay Services.

These T&C shall be effective, valid, and binding from the time you agreed to it, and will exist up to the time that it is terminated by you or us, save for those provisions that shall remain effective after termination as stated in these T&C, and other laws or regulations of the Republic of the Philippines.

PalawanPay reserves the right to amend, modify, or revise these T&C at any time and from time to time, without notice. Any changes to these T&C will be effective immediately upon posting on this page, with an updated effective date. By continuing to access or use the PalawanPay Account and Services after any changes have been made, you signify your agreement to abide and be bound by those changes. If you do not agree with any changes to these T&C, you have the option to close your account.

Any version of these T&Cs in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.

1. GENERAL TERMS AND CONDITIONS

1.1 Under these T&C, the terms “PalawanPay”, “we”, “us”, and “our” refer to PPS-PEPP Financial Services Corporation (“PFSC”) or PalawanPay together with its employees, directors, affiliates, successor and assigns. PFSC is the electronic money issuer of Palawan Pawnshop Group (“PPG”) and is duly registered with and licensed by the Bangko Sentral ng Pilipinas (“BSP”).

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

1.3 By accepting the T&C, you represent that you are at least eighteen (18) years of age to register for a PalawanPay account. If you are below eighteen (18) years old, you may open an account through your parent or legal guardian. If you are at least thirteen up to seventeen (13-17) years of age, you will be able to register for a basic PalawanPay account under the special limitations and conditions imposed by PalawanPay, provided your registration and use is with parental consent. If you are below thirteen (13) years old, your parent or legal guardian may open an account for and on your behalf.

1.4 If you are the parent or guardian of a minor, child or legal ward who is above 6 and below 18 years old who will create or use a PalawanPay account (“Child Account”), you acknowledge and agree that the said account will be governed by the provisions stated under PalawanPay T&C, Privacy Policy Notice and Data Personalization Policy. You also agree that you are responsible for any and all transactions made under the Child Account. You likewise understand and agree that basic accounts of minors who are 13-17 years old are strictly prohibited from performing cash-out transactions, such as wallet-to-wallet, wallet-to-bank accounts, and Send Money to any Palawan Pawnshop Branch or Outlets through the app and such other services as identified by PalawanPay. This notwithstanding, they may be given access to the other services of PalawanPay such as receiving money, e-loading, bills payment, and QR transactions, unless restricted or disallowed by PalawanPay as it may deem fit. A sub-account shall be created however, for those accounts to be opened on behalf of a child below 7 years of age.

1.5 If you are a business entity, you also represent that you are duly authorized to do business, and your employees, officers, representative and other agents accessing or using the PalawanPay Account are duly authorized to access and use the PalawanPay Services and to legally bind you to these T&C and all transactions conducted under your username and password.

1.6 For Personal PalawanPay Account, the registration process shall be through the application on your mobile device. For Business PalawanPay Account, the registration process is through PalawanPay’s website [https://www.palawanpay.com/how-to-be-a-business-partner/].

1.7 You hereby understand and agree that PalawanPay wallet limits are assigned based on an individual’s KYC level and not on a per wallet or account basis. An individual can only have one PalawanPay account. If a PalawanPay user has attempted to register or has registered multiple accounts, the system shall block the registration and/or deactivate all other duplicate accounts.

2. DEFINITION OF TERMS

a.) “Biller” shall refer to any accredited company authorized to accept bills payment using PalawanPay.

b.) “Biometrics” shall refer to the user’s measurement and analysis of unique physical or behavioral characteristics such as the face, fingerprint, or voice patterns, especially as a means of verifying personal identity.

c.) “Cash-In” shall refer to the process of exchanging physical cash to PalawanPay.

d.) “Cash-Out” shall refer to the process of exchanging PalawanPay Cash to physical cash.

e.) “Know Your Customer” or “KYC” shall refer to the process of identifying and verifying the identity of the PalawanPay customer as required by the BSP, also known as Customer Verification.

f.) “Online Payments” shall refer to the payment by an Account Holder to an online Merchant over the internet.

g.) “Overdraft” shall refer to a deficit in an account caused by drawing more money than the account holds.

h.) “PalawanPay” shall refer to a form of electronic money or mobile wallet which allows customers who registered to PalawanPay Services to send and receive cash as well as make payments electronically or through online.

i.) “PalawanPay Account Holder” shall refer to an individual who uses the PalawanPay and whose name appears on the online form, or signed enrollment form or application form, as may be applicable.

j.) “PalawanPay Accredited Merchant” shall refer to a business establishment that accepts PalawanPay payment for the purchase of goods and services using the PalawanPay Services.

k.) “PalawanPay App” shall refer to the PalawanPay application running on mobile devices where the PalawanPay Customers can avail of the PalawanPay Services or make use of the PalawanPay Wallet. It shall serve as the interface between the Account Holder and his PalawanPay Account.

l.) “PalawanPay Customer” shall refer to a person who registers for PalawanPay Service.

m.) “PalawanPay Wallet” shall refer to electronic money instrument that stores Philippine Peso (Php) value which resides in the PalawanPay System.

n.) “Short Message Service” or “SMS” shall mean a communications protocol allowing the interchange of short text messages between mobile telephone devices.

o.) “Beneficiary” refers to the receiving party identified by the Sender of funds in the Instapay Instruction.

3. REGISTRATION FOR PALAWANPAY ACCOUNT

3.1 When you accept these T&C, you are setting up your PalawanPay Account either for personal use, or business use. For Personal PalawanPay Account, you are setting up your PalawayPay Account that is associated with your mobile number, and there will be four (4) levels of registration, depending on the Know-Your-Customer (“KYC”) process that will be completed.

In level 1 or the Basic Account, you will be asked to provide basic information such as your complete name, present and/or permanent address, date of birth, and contact information. In level 2 or the Verified Account, in order to avail of other PalawanPay Services or to increase your transaction limits, you will be required to upgrade your PalawanPay account by providing a picture of yourself, and a valid ID. A list of acceptable valid IDs shall be indicated in the application. Note that you can only upgrade your account to Level 3 and Level 4 once you passed this level 2 registration and possess a Verified Account. In level 3 or Gold Account, you will be asked to provide a Mayor’s or Barangay Business permits and photo of business establishment/store front. Finally, in level 4 or Customized Account, you are required to fill out a customized account request form along with documents disclosing your source of funds. You acknowledge that an individual user can only register and maintain one (1) PalawanPay account, such that if a PalawanPay user has attempted to register or has registered multiple accounts, the system shall block the registration and/or deactivate all other duplicate accounts. To transfer or change an existing PalawanPay account number, you must call the customer care hotline.

3.2 For Business/Merchant/Agent PalawanPay Accounts, transaction limits shall apply depending on the size, type of business registration, and wallet services. You are required to provide information such as, but not limited to the company name, business type, contact information, and representative information. Copies of the business registration requirements shall likewise be uploaded.

3.3 We may verify your registration information through a third party verification vendor, as we may deem necessary. In some cases, we may ask you to provide additional details or information that can aid in verifying your identity. We reserve the right to close, suspend or limit your access to your PalawanPay Account in the event that we are unable to obtain or verify our information. All collection and use of your personal data by us is subject to the Privacy Policy of PalawanPay.

3.4 In setting up your PalawanPay Account, you warrant that all the necessary information that you provided for verification are valid and true. You are also responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. In the event there is a change in a particular information, we may require you to present supporting documents to prove such change and the same shall be subject to the necessary KYC verification process. PalawanPay has the right to disable or deactivate the account in case the new information is found to be untrue or incapable of being verified as true and accurate.

4. PALAWANPAY WALLET

4.1 The PalawanPay Wallet is a reloadable electronic money instrument that stores Philippine Pesos (Php), redeemable only at face value. It may be used to purchase goods and services through online payments. It is not a depository account, and not covered by the Philippine Deposit Insurance Corporation (“PDIC”). It does not earn any interest, monetary rewards, and other similar incentives convertible to cash. It is subject to the rules and regulations of the BSP, Republic Act 9160 or the Anti-Money Laundering Act (“AMLA”) and its Implementing Rules and Regulations, as amended, and the Data Privacy Act (“DPA”) of 2012 and its Implementing Rules and Regulations. The value loaded in your PalawanPay Wallet may be used to transfer or send money between PalawanPay wallets via Peer-to-Peer / Person-to-Person (P2P) Express Send or Personal QR/P2P QR / Transfer QR, and purchase goods and services via quick-response or “QR” code scan payment method through the PalawanPay App.

4.2 PalawanPay has the right to impose, assign, change and modify any transaction and Wallet balance limits pursuant to applicable laws, subject to fifteen (15) days prior notice to the PalawanPay Customers. Limits are applied not on a per wallet basis but on a per Customer basis.

4.3 Subject to prior notice, PalawanPay may suspend, deactivate, disable, or terminate the use of your PalawanPay Wallet for whatever reason, including, but not limited to, system errors, creation of duplicate accounts, as it deems fit under the given circumstances. In the event of any suspension or termination of your PalawanPay Wallet, you agree to hold PalawanPay and its affiliates, its board of directors, officers and staff free and harmless from any claim, damage, loss, expense, suit or liability whatsoever, arising from such suspension or termination.

4.4 Unverified or Basic Account that remains unverified for 12 months or 1 year are subject to wallet suspension. PalawanPay will send a reminder on the 11th month, every week before the 12-month lapse. The reminder will instruct you to upgrade or get your account verified to avoid any PalawanPay e-wallet suspension. The dormancy rule under Sec. 10 will apply if your e-wallet was suspended. You need to have your account verified and perform a financial transaction to lift the wallet suspension.

4.5 By accessing the PalawanPay App, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with the T&C for its use;
you are not under the age of eighteen (18), or if a minor, your registration and use shall be at all times and in all cases with parental consent;
not a minor, or in case of a Child Account, the parent-registrant shall be solely responsible for the use and compliance with T&C;
you will not access the Application through automated or non-human means, whether through a bot, script or otherwise;
you will not use the Application for any illegal or unauthorized purpose;
your use of the Application will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, PalawanPay may immediately suspend, disable, deactivate, delete or terminate your account and refuse any and all current or future use of the Application (or any portion thereof). You agree to hold harmless and indemnify PalawanPay for any cost, expense, or damage arising from the suspension, deactivation or termination of your account.

4.6 In the event of any unauthorized use of PalawanPay Wallet, or non-compliance with T&C provided herein, the right to use the PalawanPay Wallet shall be disabled and terminated. We shall not be liable for any inconvenience, loss or damage caused by such termination.

5. CASH-IN AND CASH-OUT/SEND TO PALAWAN EXPRESS

5.1 You may Cash-In Philippine Peso value into your PalawanPay Wallet through the following:

(a) Over-the-counter (“OTC”) cash-ins via PPG branches, business partners and accredited collection merchant/agents. You shall fill out PalawanPay cash-in form specifying the name and mobile number of the sender/receiver, and the amount to be deposited;

(b) Bank account. Once registered as a PhilPASS participant, you will be able to receive bank account transfers via InstaPay and PesoNet. The transfer procedures shall vary by bank;

(c) Wallet-to-Wallet Fund Transfer. There will be two (2) methods for wallet-to-wallet transfers – either sender-initiated or recipient-initiated.

5.2 You may Cash-Out to Philippine Peso through the following:

(a) OTC cash-out services for PalawanPay account owner shall be offered at PPG branches, business partners, and accredited collection merchant/agents. You shall fill out a PalawanPay cash-out form specifying your name and mobile number, and the amount to be withdrawn or cashed out. The transaction shall be subject to KYC limits. The Receiver shall present the acceptable identification documents to authorized agent;

(b) Performing a “Send to Palawan Express” in PalawanPay app. This is the OTC cash-out services for recipients without a PalawanPay Account. This type of cash-out service is offered at PPG branches, business partners, and accredited collection merchant/agents. You may perform the “Send to Palawan Express” through the PalawanPay app by choosing cash-out option > PalawanPay business Partners; or > PalawanPay Accredited Merchant Agents. In this transaction, you have to indicate the name and mobile number of the intended recipient, purpose of the transaction, and amount to be sent in the PalawanPay app. Once confirmed, the recipient shall receive an SMS notification regarding the transaction. The intended recipient may claim the amount in PPG branches, business partners, and accredited collection merchant/agents. The receiver has to present the filled-out receive money form, acceptable identification document, and reference number to the authorized agent;

(c) Automated Teller Machine (“ATM”). PalawanPay debit cards will be accepted at all Bancnet ATMs nationwide. Workflows follow common ATM withdrawal practices in the Philippines;

(d) PalawanPay Wallet to bank account. Once registered as a PhilPASS participant, you will be able to transfer funds to bank accounts via InstaPay and PesoNet from the mobile application or customer web portal;

5.3 Once you confirm your cash-in/cash-out transaction, except cash-out thru “Send to Palawan Express”, such transaction cannot be cancelled nor be reversed. However, cash-out transactions made thru “Send to Palawan Express” may be cancelled by the sender within seven (7) days from date of transaction. However, in case the intended recipient failed to collect the payment within the said period, the transaction shall be automatically cancelled, and the amount originally deducted, exclusive of fees, shall revert to the wallet/account of the sender.

5.4 We reserve the right to hold, delay, or restrict any of your cash-in or cash-out transactions, whenever it deems appropriate and necessary, particularly, but not limited to occasions when there are fraudulent transactions, or there is a need for further confirmation that you have authorized the said transactions.

6. INSTAPAY

6.1 InstaPay is a real-time electronic transfer service that allows you to transfer funds to any participating BSP-supervised Financial Institution (banks, e-money issuers) in the Philippines. In initiating an Instapay Transfer, you shall select the Source Wallet, identify the amount to be transferred, the Beneficiary’s name, and the Beneficiary Account details in the PalawanPay App. In case of insufficient funds in your account and/or violation of limits, your fund transfer request will automatically be cancelled, and PalawanPay will not be required to make any further attempt to perform the transfer. In such event, PalawanPay will not be liable for any damages sustained arising from said cancellation. Instapay Limits are set to the maximum amount per transaction of P50,000.00 with a maximum aggregate of P100,000 per day, subject to any modification by Instapay decreasing the limit imposed under the Instapay rules and regulations.

6.2 You understand and agree that PalawanPay shall have no obligation or liability if the funds were not transferred to the intended recipient due to the erroneous account number or any other required information entered. You understand and agree that it is always your responsibility to ensure that transaction details entered are correct and accurate.

6.3 PalawanPay reserves the right to hold, delay, or restrict any inward or outward Instapay transactions, whenever it deems appropriate and necessary, particularly, but not limited to occasions when there are fraudulent transactions, or there is a need for further confirmation that you have authorized the said transactions.

7. INTERNATIONAL REMITTANCE

7.1 All parties and transactions processed to and from PalawanPay are subject to Anti-Money Laundering & Terrorist Financing Prevention (AML-TFP) laws and PalawanPay policies, including the Know Your Customer (KYC) requirements. Questions and additional documents may be requested from customers in compliance with the KYC rules. PalawanPay has reserved the right to refuse to accept, process, or pay out any remittance that may be in violation of AML-TFP laws, rules, regulations, or other applicable laws. PalawanPay shall not be liable for the refusal of this nature.

7.2 You understand that PalawanPay only provides the facility to transfer money from the Sender to the Receiver, and is not a party to any underlying agreement or transaction, online or otherwise, between the Sender and the Receiver. PalawanPay has no responsibility and shall not be liable for any goods or services related to such underlying agreement or transaction. The Sender attests that he/she knows the Receiver to whom the remittance is sent and warrants that any underlying agreement or transaction is valid and legal.

7.3 You shall hold, defend, and indemnify PalawanPay from any damages arising from the international remittance in case the same was made in violation of the AML-TFP laws and/or PalawanPay policies. Likewise, you agree to assist PalawanPay in defending itself from any suit, complaint or court action that may be filed against it or including it relating to the said international remittance. Failure to comply with this provision is considered as a material breach and demandable against the Sender/Receiver to said international remittance.

8. REMOTE / OFF-SITE PURCHASES

8.1 For online/internet purchases, diligence is expected of the PalawanPay customer to only transact with reputable web-based merchants. PalawanPay shall not be held liable and accountable for any unauthorized transaction.

8.2 Once the payment transaction has been authorized, you bind yourself with the merchant’s terms of sale. PalawanPay shall not be liable and accountable for any undelivered goods and/or services, defects, damages and after-sales services such goods and/or services, and any other dispute, claim, or controversies arising between the merchant and the PalawanPay customer.

8.3 You shall be fully accountable for payment transactions especially in dealing with web-based merchants that have limited refund policy for invalid disputes. For purposes of clarity, invalid disputes refer to all disputes except if the dispute pertains to items purchased online that are no longer available.

9. PAYMENT OF BILLS

9.1 You shall be able to pay bills through your PalawanPay Account. For this transaction, you shall select any of the merchants or billers stated in the PalawanPay Application, and enter the payment details such as the account number and amount to be paid. You shall see a summary page with the payment details displayed for confirmation. Once the transaction is confirmed, a push notification shall be sent to you, confirming your payment. The transaction reference number indicated in the notification shall be sufficient evidence that the payment made has been authorized, validated, and thus, cannot be disputed by you.

9.2 PalawanPay shall not be liable and accountable for any undelivered goods and/or services, defects, damages and after-sales services such goods and/or services, and any other dispute, claim, or controversies arising between the merchant and the PalawanPay customer.

9.3 Erroneous transactions shall be deemed successful and shall follow a no refund policy if the erroneous transaction is proven to be due to customer error after investigation (e.g. wrong account details, wrong biller). The decision of PalawanPay after the investigation shall be conclusive and binding.

10. DORMANCY

10.1 A PalawanPay Account is considered dormant when it has not been used for any monetary or financial transactions for a consecutive period of (6) months from the date of last transaction.

10.2 PalawanPay reserves the right to charge for dormancy maintenance fees. The dormancy maintenance fees shall be in the amount of Php 50 every 30 days, which can be changed or modified by PalawanPay, at its sole discretion, at any time and with prior written notice to you (15) days prior to effective date of change in fees.

10.3 PalawanPay wallets that remain inactive for a period of (6) months, and with zero (0) balances shall be terminated or cancelled, without prior notice.

11. FEES, RATES, AND OTHER CHARGES

11.1 By accepting these T&C, you understand that we reserve the right, as we deem fit, to set or ask for applicable fees, rates, and other charges for the use of your PalawanPay Account and PalawanPay Services, such as but not limited to, Cash-in and Cash-out fees. You further understand that we reserve the right to change, modify, or amend such fees, rates, and other charges levied for the use of PalawanPay Account and PalawanPay Services, at any time and with prior written notice to you (15) days prior to effective date of change in fees, rates, and other charges.

11.2 Fees, rates, and other charges, as may be applicable, shall be inclusive of all applicable Philippine taxes and shall be debited from your PalawanPay Wallet or paid up front.

12. ACCOUNT STATEMENT/TRANSACTION HISTORY STATEMENT

12.1 You have the right to receive an account statement showing your PalawanPay Account activities. You may view all your transactions in your PalawanPay Account Statements by logging into your PalawanPay Account.

12.2 PalawanPay shall be held free and harmless from any and all liability, claim, or damages should the Account Statements/Transaction History Statements be read by any person other than you.

12.3 You may not hereafter raise the defense that you failed to receive the Account / Transaction History statement.

12.4 In all instances, you may inquire about your Account Statements/Transaction History Statements by contacting our Hotline. We may charge a fixed amount for Account Statements/Transaction History Statement fee per request.

13. DISPUTES AND ERRONEOUS TRANSACTIONS

13.1 Unless you notify PalawanPay in writing of any disputes in a particular transaction within (15) days from the date of said transaction, SMS/Text confirmation messages after every transaction and/or the entries in the Account Statement/ Transaction History statement are presumed true and correct. If no dispute is reported within the said period, all transactions and the entries in the Account Statement/ Transaction History statement are considered conclusively true and correct.

13.2 Disputed transactions shall only be credited back to your PalawanPay Wallet once the claim/ dispute has been properly processed, investigated, and proven to be in favor of you.

14. PALAWANPAY CUSTOMER PROTECT PROGRAM

14.1 PalawanPay shall provide compensation for eligible unauthorized transactions that shall occur in your PalawanPay Account, provided the following circumstances are present:

(a) The Customer Protect Program will cover unauthorized transactions originating from the PalawanPay Account, PalawanPay Wallet, or PalawanPay Services.

(b) Unauthorized transaction must have been reported no longer than (15) days from the date of transaction. We shall reserve the right to decline cases that have been reported beyond the prescribed period. For stolen phones, user must have reported the same, and requested to block their PalawanPay Account within twenty-four (24) hours.

14.2 If you believe that an Unauthorized Transaction has occurred in your account, immediately call our customer care hotline 0919-058-0588 , or notify us in our PalawanPay Help Center accessible through the PalawanPay App or website. Our customer care agents will guide you in filing for your dispute.

14.3 In order to launch the investigation and process the claim, you must provide the required documentation, within the period communicated to you. Required documents include, but is not limited to, the official dispute form with the complete narration of the incident, copy of valid ID with signature specimen, or other forms of evidence of identity that may be asked by the dispute team.

14.4 Once PalawanPay has been notified with the complete information of the dispute, and the duly filled out official dispute form is received, PalawanPay shall conduct an investigation within (7) working days from the receipt of the complete requirements to determine the validity of the disputed transactions.

14.5 Eligible and valid disputes will be compensated based on the following:

(a) For Fully Verified users, total amount of compensation shall be the actual amount of the Unauthorized Transaction reported, but in no case shall exceed Php100,000.00.

(b) For Basic users, total amount of compensation shall be the actual amount of the Unauthorized Transaction reported, but in no case shall not exceed Php2,000.00.

14.6 The following shall NOT be considered unauthorized transactions:

(a) Unauthorized transactions that have been reported for a period exceeding (15) days from the date of the transaction.

(b) Swindling cases wherein the PalawanPay transaction was genuinely initiated by the user, but the promised good/service was not delivered by their merchant.

(d) Users who did not comply with the identity verification process and other required documents.

(e) Where intention of fraud, product abuse, or gross negligence is found.

15. TERMINATION OR CANCELLATION OF PALAWANPAY ACCOUNT

15.1 The right to use PalawanPay Account and PalawanPay Services shall automatically be cancelled or terminated, without notice, should the User or Account Holder: (a) fail to comply with the T&C provided herein; (b) has been proven to be guilty of any fraudulent or suspicious transactions in using PalawanPay Account and Services; (c) has a dormant PalawanPay Account, or has no monetary transaction for a period of (6) months from the date of last transaction, and with zero balances, and (c) dies or becomes insolvent.

15.2 The continued use upon termination or cancellation shall be considered a fraudulent act, and will be a ground for criminal action, without prejudice to any other action that PalawanPay may pursue under the law. Any aggregate and unpaid charges, fees and other expenses for which the User or Account Holder is liable shall immediately become due without need of demand, and shall be immediately debited from the User’s or Account Holder’s remaining funds, money, or assets without need of prior notice.

16. EXCLUSION FROM LIABILITY

16.1 PalawanPay makes no warranty, express or implied, regarding any of the functionalities of PalawanPay Services.

16.2 The PalawanPay 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 these T&C. Without limiting the generality of the foregoing, PalawanPay makes no warranty: (1) as to the content, quality or accuracy of data or information provided by PalawanPay hereunder or received or transmitted using the PalawanPay Services; (2) as to any service or product obtained using the PalawanPay Services; (3) that the PalawanPay Services will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.

16.3 PalawanPay shall not be liable for any loss, cost, compensation, damage or liability to you or any third party arising from, directly or indirectly, or as a result of any or all of the following:

(a) Refusal of PalawanPay, PPG branches, any bank, financial institution, ATM or Merchant establishment and the like to allow, accept or honor PalawanPay Account;

(b) PalawanPay Account is honored by any bank, financial institution, ATM or Merchant establishment; however, payment transaction is not authorized, for any reason whatsoever;

(c) Refusal of PalawanPay to approve any transactions or settlements under your PalawanPay Account even if there is sufficient balance available, or sufficient balance limit available;

(d) If you are unable to perform or complete any transaction through the use of Mobile Phone or online payments due to service, system or line unavailability;

(e) Any delay, interruption or termination of any PalawanPay transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond PalawanPay’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, any change in legislation, or any other similar circumstances);

(f) Theft or unauthorized use of PalawanPay Account, or any loss, damage, liability, costs, claim, or payable to any third party by you;

(g) Any loss or damage which you may incur or suffer, directly or indirectly, arising out of or in connection with your PalawanPay Account and PalawanPay 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 PalawanPay or any circumstances beyond PalawanPay’s control;

(h) Any loss, damage, liability, or claim caused to you or any third party due to unauthorized use of your PalawanPay Account;

(i) Any loss, damage, liability, or claim arising from possible data breach or exposure when using PalawanPay together with their SSS, TIN, and other personal information and;

(j) Any misrepresentation, fraud by, or misconduct of any third party, such as but not limited to owners, employees, or agents of PalawanPay.

17. LIMITATION OF LIABILITY

17.1 In the event of any action that you may file against PalawanPay or PFSC, you hereby agree and accept that our liability shall not exceed Two Thousand Pesos (Php 2,000), or the amount of the damages that you actually suffered, whichever is lower.

18. FRAUDULENT OR SUSPICIOUS TRANSACTIONS

18.1 PalawanPay shall have the right to automatically suspend or block your PalawanPay Account in the event that we have reasons to believe that the same has been or is being used for fraudulent or suspicious transactions or by an unauthorized person. You shall hold PalawanPay free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which you may suffer as a result thereof. Customer’s access to a deactivated account will be blocked for 30 days or depending on the recommendation of PalawanPay’s Risk and Fraud Department.

18.2 Without giving any reason or notice, and without prejudice to the other provision hereof, PalawanPay has the absolute discretion (a) to refuse to approve any PalawanPay transaction even if there is sufficient available balance; (b) to suspend, terminate or cancel the your right to use the PalawanPay Account; (c) to increase or decrease the balance limit; (d) to refuse to re-issue, or replace your PalawanPay Account; and / or (e) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with your PalawanPay Account.

19. DATA PRIVACY

19.1 PalawanPay shall keep all PalawanPay Customers’, Users’, or Account Holders’ files in strictest confidence. By providing your information for the purpose of availing, using, or accessing PalawanPay Account and PalawanPay Services, you hereby consent and authorize PalawanPay to process your supplied customer data, as may be applicable. Customer Data are either Personal Information or Non-Personal Information. Personal Information is any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual. It also includes, but is not limited to, data that would help us verify [i] your identity such as name, gender, date of birth, address, telephone/mobile number, email address, proof of identification, source of income, employment, and other data points whenever applicable; [ii] the location of your device whether desktop, laptop, or mobile devices whenever you access the PalawanPay App or the PalawanPay website; [iii] the navigation experience when accessing the PalawanPay App and the PalawanPay website to see activities done in the channels, the pages visited, and the sequence thereof; and [iv] by enabling biometrics login, you allow PalawanPay to use biometrics data saved in your device for the sole purpose of securing their login in the PalawanPay App. This data shall be stored in PalawanPay and will not be used for any other purpose.

19.2 As a condition for the use of PalawanPay Account and PalawanPay Services, you consent and authorize PalawanPay to store, process, 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 PalawanPay deems necessary, or as required by law, rule or regulation, or in order to undertake activities including but not limited to:

(a) 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;

(b) Providing customer support and customer care activities, enhancing your customer experience, and improve, develop and determine tailored products to meet your preferences and needs;

(d) Abide by any safety, security, public service or legal requirements and processes; and

(e) Use of biometrics data saved in your device for the sole purpose of securing your login in the PalawanPay App. This data shall be stored in PalawanPay and will not be used for any other purpose.

19.3 You hereby consent to and authorize PalawanPay, its subsidiaries and affiliates and/or third party partners contracted by PalawanPay to collect and process any and all information related to you for the purpose of conducting its operations, including but not limited to fraud and risk management, sales and marketing activities, communications relating to their products and/or services, product and system development and innovation, customer experience management and improvement, and market research.

19.4 You hereby consent to and authorize PalawanPay, its subsidiaries and affiliates and/or third party partners contracted by PalawanPay to disclose and release and any and all information required by PalawanPay such as but not limited to, the following: (a) Voice calling data records; (b) SMS sending and receiving records; (c) Data usage records; (d) Promo subscription and redemption records; (e) Customer relationship management records; (f) Pre-paid load balance, top up and usage records; (g) Credit information; (h) KYC data; (i) Registration data; and (j) Transaction data.

19.5 You hereby consent to and authorize PalawanPay, its subsidiaries and affiliates and/or third party partners contracted by PalawanPay to share your PalawanPay information detail to PalawanPay’s remittance partners for purposes of service fulfillment and local and international anti-money laundering compliance requirements. The list of PalawanPay’s remittance partners are found at the bottom of the T&C.

19.6 The foregoing consents and authorizations shall continue for the duration of, and shall survive the termination of these T&C, or any other transactions, dealings, arrangements and accounts which you may have with, or avail from, PalawanPay.

20. GOVERNING LAW

20.1 These T&C shall be construed and governed in accordance with the laws of the Philippines.

21. VENUE OF LITIGATION

21.1 Venue of all suits shall exclusively be at the proper courts of Puerto Princesa, Palawan, to the exclusion of all other courts.

22. NON-WAIVER OF RIGHTS

22.1 Failure, omission, or delay on the part of PalawanPay to exercise its rights or remedies under the T&C shall not operate as a waiver. Any such waiver shall be valid only when reduced in writing and consented by PalawanPay and the PalawanPay Account Holder.

23. SEPARABILITY CLAUSE

23.1 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.

24. AMENDMENTS

24.1 PalawanPay may, at any time and for whatever reason it may deem proper, amend, revise or modify the T&C without further notice. It shall be your responsibility to regularly check any changes to the T&C. Your continued use of PalawanPay after any such changes constitutes acceptance of the new and updated T&C. Failure to notify PalawanPay of your intention to terminate or cancel your account shall be construed as acceptance of the amendments to the T&C. Further, the continued use of the same despite having notified PalawanPay of your intention to terminate or cancel your account shall likewise be construed as acceptance of the amendments to the T&C.

25. AGREEMENT

25.1 The PalawanPay Account Holder agrees to be legally bound by the T&C governing the issuance and use of the PalawanPay Services. Should the PalawanPay Holder disagree with the T&C, or any other policies relevant thereto, the PalawanPay Account Holder shall delete the PalawanPay Application from his/her device, if applicable, and/or call or provide a written notice of cancellation to PalawanPay Service Hotline indicated below, otherwise, the Account Holder shall continue to be liable for all charges incurred through the use of the PalawanPay Services and/or PalawanPay Account.

26. CONSENT

26.1 Consent given by the PalawanPay Account Holder to an affiliate for any of its services/products involving use, processing and/or disclosure of his PalawanPay Account information shall be deemed to be consent given to PalawanPay/PFSC/PPG.

27. NOTICES

27.1 All notice requirements shall be as stated in the T&C. Should PalawanPay required to send notice to you, it shall do so through SMS, email, or registered mail which shall be sent to your registered address.

28. CUSTOMER COMPLAINTS HANDLING PROCESS

28.1 We are committed to maintaining the highest standards of financial consumer protection. Your requests, feedback and customer needs are our priority. If you have any concerns about a procedure or have encountered a problem with our service, visit the PalawanPay Help Center. All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner. 28.2 PalawanPay maintains full cooperation with the BSP in Financial Consumer Protection. You may coordinate with BSP’s Financial Consumer Protection Department at (632) 708.7087 or (632) 708.7088). You may also email BSP at consumeraffairs@bsp.gov.ph.

Acceptable User Policy

OBLIGATIONS OF THE PALAWANPAY USER:

1. OBLIGATIONS OF THE PALAWANPAY USER:

You hereby understand, agree, and affirm NOT to:

(a) Use PalawanPay Services for activities that violate any law, statute, ordinance or regulation of the Republic of the Philippines, or solicit the performance of any illegal activity;

(b) Use PalawanPay Services for activities that relate to transactions involving products that present a risk to consumer safety, items that encourage, promote, facilitate or instruct others to engage in illegal activity, stolen goods including digital and virtual goods, items that are considered obscene, items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, or any other items that are prohibited by law;

(c) 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 PalawanPay;

(d) 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;

(e) Alter, modify, or cause the alteration or modification, of the PalawanPay Services, or use them for any commercial use, without prior written authority from PalawanPay;

(f) Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, application, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the PalawanPay 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 PalawanPay Services;

(g) Gain or attempt to gain unauthorized access to any part or feature of the PalawanPay Services or to any other system or network connected thereto. You also agree not to gather, harvest, or otherwise collect information about others using the PalawanPay Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the PalawanPay Services, including, but not limited to, such actions which may tend to discourage others from using the PalawanPay 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;

(h) Circumvent, disable, or otherwise interfere with security-related features of the PalawanPay Services, including those that prevent or restrict use or copying of any content, material or information available on or through the said Services, as well as those that enforce limitations on the use of the Services;

(i) Breach the security or authentication measures on the PalawanPay Services. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the PalawanPay including any account not owned by you, or exploit PalawanPay or any information made available or offered by or through PalawanPay, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information;

(j) Copy or download any material or content from or through the PalawanPay 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 PalawanPay 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;

(k) Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the PalawanPay Services or its systems or networks, or any systems or networks connected to the PalawanPay Services or;

(l) Interfere or attempt to interfere with the proper working of the PalawanPay Services or any transaction being conducted using the Services, or with any other person’s use of PalawanPay. You agree that you will not engage in any activity that interferes with or disrupts the PalawanPay Services or the servers and networks which are connected thereto;

(m) Share, create, upload, transmit or display using PalawanPay 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, ransomware, 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;

(n) Share, create, upload, transmit or display using PalawanPay 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 PalawanPay to use any and/or all User Content that you create, upload, transmit, or display using PalawanPay and;

(o) Use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment or causing damage;

You hereby understand, agree, and affirm to:

(a) Provide us with true, accurate current and complete evidence of your identity, and promptly update your personal information if and when it changes.

(b) Provide us with any identity documentations as may be requested by us, and with true, accurate, current and complete information as may be required to avail PalawanPay Services;

(c) H old PalawanPay free of any liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using PalawanPay Services and;

(d) Undertake sole responsibility for the consequences of your actions and interactions using the PalawanPay Services, and hereby stipulate admission of liability to PalawanPay for whatever loss or damage PalawanPay may suffer as a consequence of your use or misuse of the PalawanPay Services.

2. THIRD PARTY CONTENT AND SERVICES

2.1 PalawanPay 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. Unless specified by us, 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. 2.2 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. 2.3 PalawanPay makes no representation or warranties whatsoever about any service, content and/or any other resources provided by the Third Party.

3. RESERVED RIGHTS

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

3.2. You hereby understand and accept that PalawanPay, at its sole discretion without obligation, has the right 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 PalawanPay 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 PalawanPay free from any liability, both under equity and the law, arising from 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 PalawanPay Services;

3.3 You hereby understand and accept that PalawanPay, at its sole discretion without obligation, has the right to enhance, improve, develop and introduce new features and functionalities to the PalawanPay Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the PalawanPay Services shall form part of the PalawanPay Services as defined herein and thus shall likewise be covered by the T&C and their subsequent revisions or amendments, as applicable;

3.4 You hereby understand and accept that PalawanPay, at its sole discretion without obligation, has the right 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 PalawanPay to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process PalawanPay’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by PalawanPay, provide the latter with certified digital or printed copies of the said information;

3.5. You hereby understand and accept that PalawanPay, at its sole discretion without obligation, has the right 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 PalawanPay Service. PalawanPay 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 PalawanPay free from any liability and/or claims for indemnification or damages that may arise therefrom;

3.6 You hereby understand and accept that PalawanPay, at its sole discretion without obligation, has the right to set limitations to and charge fees and applicable taxes for the use of PalawanPay Services, at any time and without prior notice. You further understand and agree that PalawanPay 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 (15) days prior to effective date of change in fees/charges/penalties;

3.7. You hereby understand and accept that PalawanPay, at its sole discretion without obligation, has the right to enforce the provisions of the T&C. Non-enforcement of any of the rights of PalawanPay under the T&C, the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by PalawanPay, 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 the T&C . You likewise hereby declare, affirm and undertake the sole obligation to indemnify PalawanPay or any third party for any damage PalawanPay or said third party may sustain as a result of your use of the Services.

3.8 You hereby understand and accept that PalawanPay, at its sole discretion without obligation, has the right 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 PalawanPay reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of PalawanPay Services from any or various locations outside the Republic of the Philippines. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of PalawanPay 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.

3.9 You hereby understand and accept that PalawanPay, at its sole discretion without obligation, has the right 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 the original T&C have 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.

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