Terms and Conditions

Terms of Service

Terms of Service

This Terms of Service Agreement (the “Agreement”) describes the terms and conditions on which E-PESO (hereinafter “E-PESO”, “we” or “our company”) offer Services (as defined below) to you (“User” or “You”). By registering for or using E-PESO Services, or accessing or browsing this website, you agree to be bound by the following terms and conditions whether or not you are a registered member of E-PESO. Your use of the E-PESO Services may also be governed by the E-PESO Privacy Policy and other agreements as may be applicable to a particular E-PESO Service, which are hereby incorporated by reference into this Agreement. We retain the right at our sole discretion to deny access to anyone to our website(s) and the services we offer, at any time and for any reason, including, but not limited to, violation of any term of this Agreement.
For the purposes of this Agreement: (a) “User” or “you” means the individual or business entity (including its employees and agents) that is using or registering to use the Services or accessing or browsing this website; (b) “E-PESO Services” or“Services” means those electronic or interactive services offered by E-PESO.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

1. Eligibility for E-PESO Services

Our Services are available only to individuals of at least thirteen years old and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts and are entitled to subscribe to and access our services under applicable law. A User who is an individual hereby represents and warrants that he/she is at least thirteen years old. A User which is a business entity hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement), that it is not a competitor of E-PESO, and that the person agreeing to this Agreement for such User is at least thirteen years of age and otherwise capable of and authorized to enter binding contracts for such User.

2. E-PESO Services

The money in the User’s E-PESO account is not considered as a deposit, and as such, is not insured with the Philippine Deposit Insurance Corporation, nor does it earn any interest. However, it is still subject to the rules and regulations of the Bangko Sentral ng Pilipinas, and the Anti-Money Laundering Act.
E-PESO may modify transaction and account limits as may be required, subject to fifteen (15) days prior notice to Users. The current transaction limit is Php 10,000 per day and Php 200,000 per month. You are limited to an aggregate account limit of One Hundred Thousand Pesos (Php 200,000), regardless of the number of accounts you may own.

Subject to the terms and conditions of this Agreement, you may access and use the E-PESO Services for your own personal non-commercial use. E-PESO reserves the right to change or discontinue any of the Services at any time.

E-PESO likewise reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the E-PESO Services, including, but not limited to, technological barriers, IP mapping, and/or directly contacting your Internet service provider regarding such unauthorized use.

2.1 Fund Use

You may use the funds in your account by paying bills, buying prepaid load, shopping online or at retail stores, and transferring to other users. Details of use are available on http://www.E-Peso.ph.

2.2 Disputes

User transactions are confirmed through the Services. These transactions shall be deemed to be true and correct unless the User notifies E-PESO in writing of any dispute within fifteen (15) days from the date of the transaction. Absent any communication regarding any such dispute, E-PESO shall deem all transactions as true and correct upon the lapse of the aforementioned period.

User fault or negligence shall not be grounds for redress.

3. Ownership

The E-PESO Services are owned and operated by E-PESO. You acknowledge that all materials (except those uploaded by you and other users) provided on our websites, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively “Materials”), are provided either by E-PESO or by their respective third party authors, developers, and vendors (collectively “Third Party Providers”) and the underlying intellectual property rights are owned by E-PESO and/or its Third Party Providers. Elements of our websites are protected by intellectual property laws and may not be copied or imitated in whole or in part. E-PESO, the E-PESO logo, and other E-PESO products referenced herein are trademarks of E-PESO, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. All rights to the same are hereby reserved.

4. User Information

User represents and warrants that the information it provides in E-PESO contact information forms is true, accurate, current, and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current, and complete. If, at any time, any information provided by User is untrue, inaccurate, not current, or incomplete, E-PESO will have the right to suspend, restrict, or terminate User’s account and this Agreement.

5. User Account
5.1 Membership Accounts

User may become a registered member (“Member”) by entering into a membership agreement with E-PESO or other relevant agreements of E-PESO from time to time. Members are limited to one free account per person or business entity. Your E-PESO account is solely for your own personal use and benefit. Notwithstanding the above, you acknowledge that E-PESO reserves the right to charge for any portion of the E-PESO Services and to change its fees (if any) from time to time in its sole discretion.

You are solely responsible for your interactions with other Members. E-PESO reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members, including, but not limited to, the suspension or termination of the account of either or both Members.

5.2 Authorized Users

You may designate persons to act as your agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for you. Furthermore, you represent and warrant that each person who registers under your account is your authorized agent (an “Authorized User”) who has such legal capacity.

5.3 Responsibility for Access

You are solely responsible for maintaining the confidentiality of your access information (i.e., account IDs and passwords) and for restricting access to your account, and you agree to accept responsibility for all activities, actions, incidents, and damages that occur under your account or password.

5.4 Notification of Unauthorized Use

If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID, password, or any credit, debit, or charge card number, if applicable), then you agree to immediately notify E-PESO.

5.5 Identity Authentication

You authorize E-PESO, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number, and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. E-PESO reserves the right to close, suspend, or limit access to your account and/or the E-PESO Services in the event we are unable to obtain or verify these information.

5.6 Change of Information

You shall immediately notify E-PESO of any change in your account information. You must notify E-PESO, in writing, of any change in your name, accompanied by all necessary supporting documents to prove such change.

6. Acceptable Use

You agree to comply with all applicable local, national and foreign laws, treatises, and regulations in connection with your use of the Services. By using the E-PESO Services, you further agree not to:

  • a. use the Services in any manner not permitted by this Agreement;
  • b. circumvent, disable, or interfere with security-related features of the Services or features that prevent or restrict use or copying of any content therein;
  • c. rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the Services granted herein;
  • d. delete the copyright or other proprietary rights on the E-PESO Services;
  • e. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Members or Users. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  • f. use the E-PESO Services for any illegal purpose, or in violation of any local, national, or foreign law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • g. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the E-PESO Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • h. attempt to gain access to any account or computer resource not belonging to you without authorization from the owner (e.g., hacking);
  • i. facilitate any viruses, trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system, data, or information;
  • j. interfere with the use or enjoyment of the E-PESO network or Services by other Users or Authorized Users;
  • k. hold E-PESO, its suppliers, officers, directors, employees, agents, affiliates, or shareholders up to public scorn, ridicule, or defamation;
  • l. remove, modify, disable, block or obscure, or otherwise impair any advertising in connection with the E-PESO Services;
  • m. circumvent any E-PESO policy or determination about your account such as, but not limited to, temporary or indefinite suspensions by attempting to create a new or additional E-PESO account, creating a new or additional E-PESO account with information belonging to others, using another person’s E-PESO account, or any other similar acts;
  • n. refuse to cooperate in an investigation or provide confirmation of your identity or any information which you provided to E-PESO;
  • o. use the Services in a manner that results in or may result in complaints, claims, or any other liability to E-PESO, other Users, third parties, or you;
  • p. take any action that may cause E-PESO to lose any of the services of its internet service providers, payment processors, or other suppliers;
  • q. control an account that is linked to another account that is committing any of the foregoing acts;
  • r. encourage or instruct any other individual or entity to do any of the foregoing or to violate any term of this Agreement;
  • s. do anything analogous or similar to the foregoing.

7. Disclosure

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE E-PESO SERVICES IS AT YOUR SOLE RISK. E-PESO SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. E-PESO, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSOCIATES TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE E-PESO WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. E-PESO, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SHAREHOLDERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF OUR SERVICES, SOFTWARE, OR CONTENT;

(b) E-PESO MAKES NO WARRANTY AND ASSUMES NO LIABILITY OR RESPONSIBILITY (I) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (VI) FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR WEBSITE, (VII) FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (VIII) FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IX) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (X) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITES;

(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND

(d) E-PESO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF E-PESO, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND SHAREHOLDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow for the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, so the limitations or exclusions of liability in this Agreement above may not apply to you.

8. Indemnity

You agree to defend, indemnify, and hold harmless E-PESO, its affiliates, and/or their respective suppliers, officers, directors, employees and agents, from and against any reversals, chargebacks, claims, fees, actions or demands, recoveries, losses, damages, fines, penalties, including without limitation reasonable legal fees, alleging or resulting from your use the Services, or your violation of the rights of a third party or your breach of this Agreement or your warranties herein or other E-PESO policies, terms and conditions.

9. Limitation of Liability

Your use of the Services is at your own risk. If you are dissatisfied with any aspect of our Services or with these terms and conditions, or any other rules or policies, your sole remedy is to discontinue use of the Services or termination of your membership. You expressly understand and agree that E-PESO shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the Services. In no event shall E-PESO’s entire liability exceed One Thousand Pesos (Php 1,000).

10. Modifications to Agreements, Policies, or to our Services

We reserve the right to change this Agreement at any time. We shall notify you of any material change to this Agreement through the website or your registered email address. Your continued use of the Services signifies your consent to any change in this Agreement. We also reserve the right at any time to modify or discontinue the Services, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. Further, you acknowledge that E-PESO may change the applicable fees at any time without notice.

11. Termination
11.1 Suspension or Termination by E-PESO

Without prejudice to other remedies which E-PESO may have, E-PESO may immediately issue a warning, suspend (i.e., lock out access and operation of Services for User) or restrict either temporarily or indefinitely, or terminate User’s account and refuse to provide Services to User if: (a) E-PESO believes that User has violated or acted inconsistently with this Agreement, or any of our policies; or (b) User has failed to pay fees or other payments due to E-PESO; or (c) E-PESO is unable to verify or authenticate any information User provides to E-PESO; or (d) E-PESO believes that User’s actions may cause legal liability for User, E-PESO’s other clients, or E-PESO.

E-PESO may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that E-PESO may immediately deactivate, archive, or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that E-PESO shall not be liable to you or any third-party for any termination of your access to the Services.

11.2 Termination by User

You may terminate this agreement by following the instructions in the E-PESO site. Upon termination, we will cancel any pending transactions.

11.3 Effect of Termination

Upon termination of this Agreement by either User or E-PESO, all of User’s rights under this Agreement, and E-PESO’s provision of Services, shall terminate immediately.

12. Third Party Websites and Information

Our website(s) may provide hyperlinks to third party websites or access to third party content. E-PESO does not control, endorse, guarantee, or assume responsibility for any content, product, or service found in such third party websites through our websites or any hyperlinked website or featured in any banner or other advertising. You agree that E-PESO is not responsible for any content, associated links, resources, or services associated with a third party website and E-PESO will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You further agree that E-PESO shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these third party websites are provided for your convenience only.

13. Arbitration

YOU AND E-PESO AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, OR UPON REQUEST BY E-PESO FOR RESOLUTION AT ANY OTHER FORUM AT E-PESO’S SOLE DISCRETION, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE SITE, AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the user policy or conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Arbitration under this Agreement shall be conducted by the Hong Kong International Arbitration Centre. The language of the arbitration shall be English. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law and except as otherwise approved by E-PESO, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED WITH ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

14. Miscellaneous

These terms and conditions will be governed by and construed in accordance with the laws of the Philippines, excluding that body of law governing conflict of laws. Any legal action or proceeding not subject to arbitration, relating to or arising out of these Terms or your use of our websites will be brought solely in the proper courts in Makati City, to the exclusion of all other venues, and you submit to the venue and personal jurisdiction of such court and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Makati City. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. E-PESO’s failure to act with respect to a breach by User or others does not waive E-PESO’s right to act with respect to subsequent or similar breaches. No action by User arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

14.1 Assignment

User may not assign any of its rights, or delegate any of its duties under this Agreement, and any attempted assignment will be null and void. E-PESO may assign any of its rights or obligations without notice and/or restriction.

14.2 Force Majeure

Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond E-PESO’s control.

14.3 Interpretation

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement is prepared and executed in the English language. The English language version shall govern the parties’ relationship. Any translation of this Agreement into other languages shall be for informational purposes and shall have no legal effect.

14.4 E-PESO Confidential Information

You represent and warrant to E-PESO that (a) you are not a competitor of E-PESO, (b) you shall keep publicly unannounced information and materials pertaining to E-PESO, pre-release software, testing or testing procedures strictly confidential, and (c) you shall not use any information gained from access to the E-PESO websites or use of the E-PESO Services to compete with E-PESO in its business.

14.5 Entire Agreement

Except for other agreements or terms appearing on our websites, this Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Additional Information

Any questions relating to our Legal Agreements and Policies may be directed to(LEGAL@E-PESO.PH) For any other concerns, we may be reached through the Contact & Support page of the website.

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