Terms of Use

 

Last Modified: March 2024

 

1.     GENERAL INFORMATION

 

Banana Pay is owned and operated by BANANA FINTECH SERVICES CORPORATION (the “Company”, “Us”, “We”), a domestic corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with office address at 6/F East Offices Bldg., 114 Aguirre Street, Legaspi Village, Makati City, Metro Manila, 1229 Philippines.

 

2.      TERMS AND CONDITIONS

 

These Terms of Use (these “Terms”) contain the terms and conditions on which we supply content, products or services (i) available on the Banana Pay application (the “System”), which may in some cases be accessed via a partner application platform which provides you access to the products and services of Banana Pay (the “Platform Application”), or (ii) via other delivery methods to You (the System and such content, products, services, are collectively referred to herein as the “Service” or “Services”). The word “Device” refers to the device which is used to access the Services.

 

When You use or access the Services, You agree to be bound by these Terms and all applicable laws, rules and regulations. You warrant that: (a) You are fully and wholly bound by these Terms in Your own free will and deed; (b) You fully understand and acknowledge the contents, meaning, implications and effects of these Terms; and (c)You would not use or access our Services if You had any claim or reservation against any matter in these Terms. You may also be asked to click “I accept” at the appropriate place prior to your use of access to Services. At such time, if You do not click “I accept”, You may not be able to complete such access. By using or accessing the Services, You indicate that You accept these Terms and that You agree to abide by them. If You do not agree to these Terms, please refrain from using the Service.

 

In order to participate in certain Services, You may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.

 

Any version of these Terms in a language other than English is provided for convenience, and You understand and agree that the English language version will control in case of any conflict in translation or meaning.

 

3.      CHANGES TO TERMS

 

You undertake to periodically visit these Terms for updates. You agree to be bound by these Terms and the subsequent updates, revisions or modifications thereto. We reserve the right to change or update these Terms, or any other of our policies or practices relevant to the provision of Services, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective sixty (60) days from the date of posting to the System or via a Platform Application. Your continued use of the Services constitutes Your agreement to abide by the Terms as modified. Under certain circumstances, We may also elect to notify You of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email.

 

4.      DEFINITION OF TERMS

 

4.1. Account refers to an account owned by a User, whether a natural or juridical person, and for which a Wallet is created and maintained.

4.2. Authorized Person refers to a person that is authorized by an Account owner to bind the juridical entity to any and all Transactions that may be done by such Authorized Person.

4.3. Card refers to a reloadable cash card issued by Banana and used for the payment of goods and services.

4.4. Cash-In refers to the method by which an Account owner may exchange cash in Currency to Funds to be stored in the Wallet.

4.5. Cash-Out refers to the methods by which an Account owner may convert Funds to cash in Currency or other forms authorized by the Company.

4.6. Currency refers to Philippine Peso, or any other Fiat Currency that may be added to the Service in the future.

4.7. Electronic Wallet (“E-Wallet” or “Wallet”) refers to the instrument which stores Your Funds and which may be used to perform the Transactions. Its use and availability shall be subject to the rules and regulations of the Bangko Sentral ng Pilipinas (the “BSP”). The Wallet is not covered by the Philippine Deposit Insurance Corporation and Funds therein do not constitute deposits. Funds kept in the Wallet will not earn interest.

4.8. Monthly Cash-in Limit refers to the maximum amount a User may Cash-In in a given month;

4.9. Monthly Cash-Out Limit refers to the maximum amount a User may Cash-Out from the Wallet in a given month;

4.10. Fiat Currency (“FC”, “Fiat”) refers to government-issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or law;

4.11. Funds refer to the amount of electronic money (“e-money”), supported by the System, and stored in the Wallet, which a User may use to perform Transactions pursuant to these Terms.

4.12. Know-Your-Customer (“KYC”) refers to procedures undertaken by the Company to identify and verify the identity of its customers.

4.13. Login Credentials (“Credentials”) refer to Your mobile number and password.

4.14. Merchants are businesses, stores, and merchants that are registered to the System and accept the Funds as payment for their respective goods and services.

4.15. Related Parties refer to subsidiaries, affiliates, related parties, and their respective directors, shareholders, officers, employees, consultants, agents and assignees.

4.16. Registration Form (“Form”) refers to a form within the System Platform/Website that requires information from the User user for the purposes of identity verification and authentication.

4.17. Transaction refers to any and all activities business that may be conducted by an Account owner within the Services including Cash-In, Cash-Out, and Wallet to Wallet transfer, and payments.

4.18. Transaction Limit (“Transaction Limit”) refers to the maximum amount of Funds allowed for any given You may use in a Transaction.

4.19. Wallet to Wallet (“W2W”) refers to a transfer of funds from one e-wallet to another e-wallet through Instapay or Pesonet.

4.20. You (“You,” “Your,” the “User”, or the “Owner”) refers to a natural or juridical entity that uses the System through an account in connection with its Service.


5.      ACCEPTABLE USE POLICY

 

5.1. You agree to be bound to the Company’s Acceptable Use Policy in Annex “1”.

5.2. The Services and the System, as well as all the copyright, trademark, patents, and other intellectual properties in the software supporting the Services and the Systems, and any documentation, and any portion thereof (the “Software”), complete or incomplete remain to be the sole property of the Company and/or its licensors. Without the express written consent of the Company, You shall not cause the Software to be copied, reproduced, translated, exhibited, transmitted, transferred, assigned, marketed, licensed, leased, or sold in any manner or in any form.

5.3. You may not modify, reverse engineer, translate, decompile, or disassemble the Service/Software or any of its parts, derivatives, and forms.

 

6.      GENERAL PROVISIONS

 

6.1. You are required to register on the System if You want to use any of the Services.

6.2. By registering on this System, You warrant that You are at least eighteen (18) years old and have the capacity to enter into valid contracts under Philippine law.

6.3. If the Services are for the use and benefit of a business entity (“Business Account”), You represent and warrant that any person You authorize to access and transact using Your Business Account is fully clothed with authority to bind Your business entity, as the case may be, under applicable law to whatever Transaction. The authority to access and transact a Business Account is deemed given at the moment You share Your Credentials to another person.

6.4. You are bound by these Terms at the moment You register as a user of the System.

 

7.      SUSPENSION OR CANCELLATION OF SERVICES AND ACCOUNT

 

7.1. We reserve the right to cancel, suspend, or limit any and all Services or Accounts in our sole discretion and without prior notice depending on the ground for cancellation or suspension:

7.1.1. Services or Account is being or found to be used for fraudulent/suspicious transactions or unlawful or unauthorized activities, or by an unauthorized person;

7.1.2. User has at any time provided any false or incomplete information to Us;

7.1.3. Use of the Services is in violation of the Terms or any law, regulation, or issuance from a competent legal authority;

7.1.4. There is an issuance from a competent legal authority to suspend, cancel, or limit any and all Services or Account; and/or

7.1.5. Evidence that the User died or becomes insolvent;

7.2 You acknowledge our authority to do the foregoing acts and accordingly. You shall hold us free and harmless against any and all consequences of such suspension or cancellation, or any loss or damage which you may suffer as a result thereof.

7.3. You agree to surrender or destroy the Card immediately upon our demand.

7.4. You may voluntarily cancel Your Account or discontinue Your use of the Services at any time. However, You grant us the right to retain any or all of Your information and transactional records, without prejudice to the Privacy Notice and Your rights under the Data Privacy Act of 2012. For any issues regarding the closing of an Account please email us at support@bananapay.com.ph.

 

8.      ASSUMPTION OF RISK

 

8.1. You shall be responsible for the security of your Account, including your Login Credentials.

8.2. You accept the risks associated with the use of the Services, more particularly the Wallet such as, but not limited to: (a) Failure of the Service or any portion thereof; (b) Hacking of servers; (c)Failure or interruption of internet connection; (d) Introduction of malicious software; (e) Failure of security of Your Wallet address and Private Keys; (f) Exchange Rate fluctuations; (g) Failure of communication; and (h) Service disruptions.

8.3. To mitigate these risks the Company will exert reasonable efforts to secure its system and to verify the accuracy of the information on its Services.

 

9.      SERVICES AND TRANSACTIONS

 

9.1. Through the System, You may (i) view Your balance in Your Wallet and access your Transaction history; (ii) Cash-In; (iii) Cash-Out; (iv) perform W2W Transfers; (v) buy mobile load; (vi) buy gaming credits; and (vii) pay Merchants.

9.2. We reserve the right to charge fees for the use of the Service and/or the performance of a Transaction. By using the Service or performing a Transaction, You agree and understand that We may deduct the applicable fees, penalties, and other amounts from Your Wallet or from any other amounts that We may be obligated to charge You.

9.3. Notwithstanding anything to the contrary, We may at any time offset against any payment or other remuneration due or become due to the User, or anyone claiming through the User, any debt or debts due or to become due from the User to Us.

9.4. You hereby authorize Us to hold, receive, and disburse funds in Your Wallet in accordance with any payment instructions We receive from You.

9.5. Cash-In Process

9.5.1. You may perform Cash-In through identified partners and financial institutions (each, a “Cash-In Channel”). When You opt to Cash-In to Your Wallet, You will be requested to provide certain information (the “Payment Details”) for the Cash-In . You acknowledge and agree that by providing such Payment Details, You authorize Us or any third party appointed for such purpose, to perform the Cahs-Ins. The Payment Details You provide must be true, complete, current, and accurate. We disclaim any liability for the consequences if You provide false, incomplete, or incorrect Payment Details.

9.5.2. Subject to the Cash-In method made available to You by Us, You hereby represent and warrant that You are legally and fully entitled to use any debit card, credit card, or bank, or any other mode that You may use to load funds into Your Wallet. We shall not be held responsible in case You don’t have sufficient funds or authorized access to use such Cash-In modes to load Your Wallet.

9.6. Cash-Out Process

9.6.1. You may perform Cash-Out through Identified partners and financial institutions (each, a “Cash-Out Channel”) subject to identity verification, Transaction Limits and Cash-Out Limits.

9.7. Wallet-to-Wallet (W2W) Transfer Process

9.7.1. Transfer of Funds from Your Wallet to another Wallet may be permitted subject to the limitations, including Transaction Limits, We set as well as the applicable BSP regulations and other laws.

9.7.2. W2W Transfers may be allowed only for Users (those initiating the Transfers and Receiving the Funds) who satisfy the Our KYC Procedures. Transfers may only be initiated by Users with sufficient Funds in their Wallets.

9.7.3. We rely solely on the information You provide for W2W transfer of Funds. We will bear no responsibility or liability in the event that Funds are not transferred to the desired transferee by reason of your fault or negligence. We reserve the right to cancel the transfer and/or to terminate/suspend Your Account and the Wallet of the person to whom You have transferred the Funds with immediate effect should we find that the Transfers violate these Terms.

9.8. Mobile Payments

9.8.1. Each payment to the Merchant requires Your authorization. You may opt to do recurring payments to Merchants when allowed by the Service. Should You do so, You authorize Us to perform the recurring payment to the Merchant. This authorization remains in effect as long as You maintain a Wallet and until You revoke the authorization.

9.8.2. Through the Service, You may be able to make payments to Merchants. This may be done by scanning the designated QR codes, entering the total amount and Your PIN in the Banana Pay Mobile App, or through such other methods the Services may later support.

9.8.3. Transactions you have with a Merchant who accepted payment through the System shall be subject to such Merchant’s terms and conditions, including terms for purchase, return, and refund. You acknowledge that the System is only used as a payment channel and is not involved in the actual sale of the sale transaction. If the Merchant processes a refund, then any refund amounts will be credited back to the same Account used to fund a refunded Transaction and in the same currency.

9.8.4. In the event that You have a dispute with the Merchant in relation to the goods or services provided to You by the Merchant and for which You made the payments, You must report the matter to the concerned Merchant. The Company shall neither be liable for the goods and/or services provided by the Merchant, nor be made a party to the dispute between the Merchant and You as regards the purchase of goods and the availment of services. The Company shall also not be required to mediate any such dispute between You and the Merchant.

9.9. Purchase of load credits

9.9.1. You may purchase mobile phone credits by using the Services. This may be done by clicking the relevant action button and entering the designated mobile number within the application, or through such other methods the Services may later support. The application will then present available mobile phone credits, and upon selection, You will be prompted to enter Your PIN to complete the purchase.

9.10. Purchase of gaming credits

9.10.1. You may purchase gaming credits from our Merchants partners and supported merchants by using the Service. This may be done by tapping the relevant action button in-app and selecting the preferred game credit.

9.11. Cards

9.11.1. You may choose to order a physical or virtual Card pre-linked to your Wallet by purchasing it through the System. You agree to activate the Card to your own Wallet immediately. Card activation shall be subject to the imposed security features set forth by us.

9.11.2. Your Card will be delivered to you within 14 days for Metro Manila and 21 days for other areas. Delivery may be delayed depending on the area or the weather conditions. If you fail to receive your Card within 21 days, then you may contact support@bananapay.com.ph. If you do not receive your card within 21 days from the date of your order, then you may file a Claim on the issues you encountered such as but not limited to non-delivery of Card and dispute on delivery.

9.11.3. For your protection, We reserve the right to dispose of your Card 21 days from the date of supposed receipt of the Card.

9.12. For security reasons and to ensure compliance with the applicable laws, the Company may implement certain measures in relation to Your Account, Card and Wallet, including but not limited to restricting or otherwise blocking Your ability to access any portion of the Services. Additionally, in case of any suspicious transactions, the Company may also impose such other security measures as it deems fit, to ensure that the balance in Your Wallet is not misused, or wrongfully diverted.

9.13. You understand that advertising plays an important role in the provision of the Services and that We will display advertisements and other information whether as part of the Services or otherwise. Subject to applicable laws and our Privacy Notice, We may periodically send promotional email/SMS to You.

9.14. Your Account or Wallet may not be assigned, transferred, or used by any person other than the User.

 

10.  FEES
 

10.1. Services shall be subject to applicable fees set out in Annex “2”.

10.2. The Fees will be deducted upfront from the Funds in the Wallet or otherwise paid in cash. The Fees are non-refundable and are inclusive of all applicable taxes.

10.3. We reserve the right to modify the Fees from time to time. We also reserve the right to introduce new services and modify some or all of the existing Services offered on the System. Applicable Fees will be charged for the new services. Changes to the Fees shall be reflected in these Terms which will be published on the System or a Platform Application. You shall at all times ensure that You use the updated version of the System or Platform Application.

10.4. Chargebacks.

10.4.1. We acknowledge Your right to initiate a chargeback request relative to Your Cash-Ins in accordance with the terms and conditions of Your debit or credit card, or Your bank. You agree that Your chargeback request will be processed by Your debit, credit, or bank account provider and not by the Company. We therefore have no liability for processing Your chargeback requests.

10.4.2. We reserve the right to review Your Transaction history, and Account activity pursuant to a dispute or chargeback request, in order to determine the validity of a chargeback request, including the determination of fraud.

 

 

11.  INACTIVE AND DORMANT ACCOUNTS

 

11.1. Your Account will be deemed inactive when:

11.1.1. You do not initiate any Transaction for a period of one (1) year from Your last Transaction despite notice from Us; or

11.1.2. Your Account is terminated and You do not claim the Funds in the Wallet within one (1) year from the date of termination.

11.2. For maintaining the Accounts deemed inactive (“Inactive Accounts”), We reserve the right to charge maintenance fee in the amount set out in the Fee Schedule below until:

11.2.1. You reactivate Your Account by initiating a Transaction using the Account; or

11.2.2. You pass Our KYC assessment; or

11.2.3. Your Account remains inactive for five (5) years. Accounts inactive for five (5) years are deemed Dormant Accounts.

11.3. Dormancy Fee specified in the Fee Schedule will be charged for the Dormant Accounts.

11.4. Funds in Wallets may be exhausted following the charging of maintenance Fee for the Inactive Account and the Dormancy Fee. We reserve the right to close or otherwise purge the Dormant Account following applicable laws and regulations.

 

 

12.  DATA PROTECTION

 

Consistent with the Privacy Notice, You agree and acknowledge that any and all Personal Information You share when using the Services shall be processed by the Company, among others, in order to deliver Services to You and to allow the Company to fulfill the latter’s contractual obligations to You and other participants in the Services. The information You enter may likewise be shared to other participants in the Services for the same purpose.

 

13.  LIMITATIONS OF LIABILITY

 

13.1 The Service is provided “AS IS” and with all faults, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. Company makes no warranty that the Service is free of defects or is suitable for any particular purpose. In no event shall the Company be responsible for loss or damages arising from the installation or use of the Service, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.

13.2. We shall not be liable for any Claims arising from, in connection with, or as a result of any or all of the following: (a) refusal of any bank, financial institution, ATM, or Merchant establishment and the like to allow, accept, or honor the System; (b) any delay, interruption, or termination of a System transaction due to reasons beyond Our control such as but not limited to force majeure, the action of governmental agencies or third parties, or change in legislation; (c) theft or unauthorized use of Your Wallet or any Claims payable by You to the third party; (d) any unauthorized transaction without fault or negligence of Banana; and/or (e) any misrepresentation, fraud, or misconduct by any third party.

13.3. In no event will the Company be liable to You, whether in contract, warranty, tort, or otherwise, for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including, without limitation, damages for lost revenue, profit, or business arising out of or relating to the Services.

13.4. In the event of any legal action filed by You against Us, You hereby agree that our total liability to You shall be limited solely to the amount of damages actually suffered and proven by You due to fault or negligence solely attributable to us.

 

14.  DISCLAIMERS

 

14.1. We shall make reasonable efforts to ensure that Transactions are processed in a timely manner. However, we make no representations or warranties regarding the amount of time needed to complete such processing because our Service is largely dependent on many factors outside our control.

14.2. Third Party Services. You may have access to services of third parties through our Services (the “Third Party Services”). In those cases, said Third Party Services shall be subject to the terms, conditions, and limitations imposed by those third parties, which shall also be binding on You. We reserve the right to reject or refuse any Third Party Service used by You in conjunction with our Services.

14.2.1. Your correspondence or business dealings with, or participation in promotions of, third party advertisers or through the System or Platform Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the System or Platform Application.

14.2.2. When You acquire goods or services from a third party through any of our Services, You understand and agree that (i) We are not a party to the contract between You and the third party; (ii) We are under no obligation to monitor the third party service used by You; (iii) the third party will be responsible for all obligations under the contract with You, including (without limitation) warranties or representations. The Company shall not be liable and/or responsible in respect of the title, quantity, quality or any other aspect related to the Merchant goods and/or services, and no warranty, or indemnity of any kind shall be given or deemed to be given by the Company in respect thereof.

14.3. Unauthorized Transactions. You have the obligation to ensure the safety of your Account. You shall be solely liable for the loss incurred by You due to unauthorized Transactions where the loss is due to an act or omission attributable to You, such as (but not limited to), Your failure to secure Your log-in credentials, one-time pins (OTPs), and other credentials for the access and use of Your Wallets. All Transactions using Your Wallet will be presumed conclusively to have been made by You, and the liability for such Transactions shall attach to You.

14.4. You acknowledge and agree that the Company is not responsible or obligated to mediate or interfere in any of the disputes between You and other users of the System or Platform Application, or between You and a Merchant.

14.5. Users are ultimately responsible for the tax treatment, if any, of the Transactions and the Company gives no warranty and accepts no responsibility as to the ultimate treatment of any potential tax on the Transactions. Users shall solely be liable for any tax consequence of, or in connection with their use and access of the Services.

 

15.  INDEMNITY.

 

15.1. You will indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, judgments, costs, awards, expenses (including reasonable attorneys’ fees) and liabilities, and damages of any kind arising out of or related to: (i) Your breach or alleged breach of this Terms or any representation, warranty, and/or covenant made by You; and (ii) any breach or alleged breach of any applicable laws by You or any of Your representatives.

 

 

16.  INTELLECTUAL PROPERTY RIGHTS

 

16.1. You acknowledge and agree that the materials on the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Us, and are subject to copyright and other intellectual property rights under Philippine laws, foreign laws and international treaties and/or conventions.

16.2. The Service may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted to us by third parties. You shall not reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant You any right in relation to such trademarks. Materials on the Service are provided to You “as is” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

16.3. We reserve all rights not expressly granted herein to the Service and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly in these Terms , including any use, copying, or distribution of Materials of third parties obtained through the Service for any commercial purposes. If You download or print a copy of the Materials for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Service or the Materials therein.

16.4. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Service, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.

16.5. You further agree not to reproduce, duplicate or copy content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed in the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

16.6. Our intellectual property rights to our resources in any of its forms, including the Company logo, belong to us and may not be used without our express written consent.

 

17.  NO WAIVER

 

17.1. Failure, omission, or delay on our part to exercise our rights or remedies under these Terms shall not operate as a waiver of the same.

 

18.  FORCE MAJEURE

 

18.1. We will not be liable to You for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

 

19.  INTERPRETATION

 

19.1. In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

 

20.  ELECTRONIC COMMUNICATIONS

 

20.1. Applicable laws require that some of the information or communications we send to You should be in writing. When using the Services, You agree to transact with us electronically, and that communication with us will be mainly electronic. We may contact You by e-mail or provide You with information by posting notices on the Services. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing.

20.1. We reserve the right, in our sole discretion, to discontinue the provision of Your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications.

 

21.  NOTICES

 

21.1. Unless otherwise specifically indicated, all notices given by You to us must be sent to support@bananapay.com.ph. We may give notice to You at the email address You provide to us when You register. Notice will be deemed received and properly served immediately when posted on the Services or when an email or other electronic communication is sent including SMS to the phone number You registered in the Form. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.

 

22.  EXCLUSIVE VENUE AND CHOICE OF LAW

 

22.1. To the extent that the parties are permitted under these Terms to initiate litigation in a court of law, both You and the Company agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively the courts of Makati City, Philippines, to the exclusion of all other courts. You and the Company consent to the personal jurisdiction of said courts.

22.2. These Terms shall be exclusively governed and interpreted under the laws of the Republic of the Philippines without regard to its conflict of laws provisions.

 

23.  SEVERABILITY

 

23.1. If any of these Terms is declared or found to be unenforceable, illegal, void, or otherwise ineffectual, then that provision shall be deemed removed from these Terms without affecting the validity, efficacy, and enforceability of all the other provisions.

 

24.  CONSUMER COMPLAINTS HANDLING PROCEDURE

 

24.1. We comply with the regulatory requirements on handling complaints from consumers. All Your complaints regarding Your Use of the Wallet and the Services shall be coursed through Us via support@bananapay.com.ph. In case You use the Wallet through the Platform Application, all complaints should be sent to support@bananapay.com.ph. . All complaints will be addressed and resolved following the Company’s program on financial consumer protection.

24.2. You may seek assistance as well from the BSP’s Consumer Protection and Market Conduct Office through consumeraffairs@bsp.gov.ph.


 

Annex “1”

 

Acceptable Use Policy

 

 

1.1.  You agree to be bound by the following acceptable use policies:

 

1.1.1.      You agree to use any and all of the Services in accordance with all applicable laws, regulations, and other guidelines issued by government agencies.

1.1.2.      You understand and agree that Company may require You to divulge the nature of the transaction being facilitated by Your use of our Services if Company determines, at its sole discretion, that it is necessary to comply with any applicable law.

1.1.3.      You agree not to use any and all of the Services for the following purposes:

1.1.3.1.            To violate any law, regulation, or issuance by any competent legal authority;

1.1.3.2.            To facilitate the sale of any object that is outside the commerce of man;

1.1.3.3.            To facilitate transactions involving illegal drugs, drug paraphernalia and other controlled substances in accordance with applicable law;

1.1.3.4.            To facilitate transactions involving the sale of products which endanger the safety, health, and well-being of individuals;

1.1.3.5.            To facilitate transactions that encourage or incentivize illegal activities;

1.1.3.6.            To facilitate transactions involving stolen, smuggled, or otherwise illegally acquired goods and/or services;

1.1.3.7.            To facilitate transactions involving firearms, explosives, ammunition and any other weapon or accessories of the aforementioned items that are prohibited under applicable law;

1.1.3.8.            To facilitate the infringement of any intellectual property right;

1.1.3.9.            To facilitate Cybercrimes as defined in R.A. 10175 and other applicable laws;

1.1.3.10.        To facilitate Child-Pornography as defined in R.A. 9775 and other applicable laws;

1.1.3.11.        To facilitate prostitution and other sexually-oriented services;

1.1.3.12.        To facilitate transactions relating to pornography;

1.1.3.13.        To facilitate Money-Laundering as defined in R.A. 9160;

1.1.3.14.        To facilitate a “get rich quick” schemes, pyramid schemes, or Ponzi schemes;

1.1.3.15.        To facilitate bribery or corruption of public officers;

1.1.3.16.        To facilitate any form of ethical, legal, or illegal hacking; and

1.1.3.17.        To facilitate any form of larceny, theft, robbery, or embezzlement.

 

If You have any doubts as to the compliance of any transaction You wish to conduct using any of our Services You may contact us at support@bananapay.com.ph. We strongly advise You to report any and all violations even perceived violations of this Acceptable Use Policy to Company at the soonest possible time. To report a violation please contact us at support@bananapay.com.ph.


 

Annex “2”

 

FEES

 

Transaction Type

Transaction Fee

Cash-In via UBP

Php0.00

Cash-In via Over the Counter/Perahub

0.8% of transaction amount

Cash-Out via UBP

0.5% of transaction amount

Cash-Out via Over the Counter/Perahub

1% of transaction amount

Bills Payment

varies depending on the Merchant Partner

Transfers P2P

Php0.00

 

Note: Prices may change subject to prior notification in accordance with these Terms.