Terms & Conditions

  1. DEFINITION

Ecashpay Asia, Inc. (“Ecashpay Asia”) – a corporation registered with BangkoSentral ng Pilipinasas an E-Money Issuer.

Ecashpay Asia Account Holder (“User”) – refers to an individual who uses the Ecashpay Asia services and whose name appears on the registration, submitted identifications, online forms, and other documentations submitted through and for the platform.

Ecashpay– is a form of electronic money which allows Users to conveniently send and receive money electronically, as well as doing transactions inside and through the platform.

Ecashpay Wallet – is an electronic wallet that stores electronic money in Philippine Peso (Php) value in theEcashpay Asia system.

Ecashpay Asia Mobile App – mobile application that serves Users their Ecashpay Wallet and account.

Ecashpay Asia Web Portal – portal that serves the Merchants their Ecashpay Wallet and account and is accessible using web browsers.

EcashpayAsia Accredited Merchant (“Merchant”)– refers to an accredited establishment that can accept Ecashpay as payment for the purchase of goods and/or services.

Ecashpay Asia Cash In Partner – a cash in or top-up or load-up channel that is authorized to perform the service to Users.

In Store Payments – refers to face-to-face payment by the User using their Ecashpay.

Online Payments – refers to the online payment by the User using their Ecashpay.

QR Code – refers to the code which either the User or the Merchant will be using to do transfer or payments.

Account Verification / Know-Your-Customer (KYC) – the process of verifying the identity by the User as required by the BangkoSentral ng Pilipinas.

Biometrics – refers to the means of verifying the identity through analysis of unique physical or behavioral characteristics such as the face or the fingerprint.

Mobile PIN – refers to the security authentication or step the User is required to do to access their Ecashpay Asia Account and Wallet.

  1. ECASHPAY ASIA ACCOUNT

The Ecashpay Asia Account is an electronic wallet with electronic money in Philippine Peso value. It is not a depository account, thus, it shall not earn interest and is not covered by the Philippine Deposit Insurance Corporation (PDIC). It is subject to the rules and regulations of the BangkoSentral ng Pilipinas (BSP) and the Anti-Money Laundering Act (AMLA).

  1. REGISTRATION AND BASIC TERMS
  1. User must be at least eighteen (18) years of age to be able to register and use the services. By registering, the User represent and warrant that they have the legal capacity to agree with the following Terms.
  2. Once terms have been accepted, you are allowing Ecashpay Asia to create an Ecashpay Asia Account under the User’s name and mobile number. To continue with the registration, Ecashpay Asia will be requiring the User to provide their but not limited to: complete name, present and permanent address, birthdate, nationality, source of funds, employment information, and proof of identity through valid ID with signature and photo of yourself. Ecashpay Asia may require the User to provide additional information to further verify their identity. Ecashpay Asia may also see the need to seek the assistance of a third-party provider to verify the registration information.
  3. The User agrees to provide all necessary information and render all reasonable assistance and cooperation that Ecashpay Asia may require in order to complete the verification process. The information that the User will provide will be used to determine whether the User is eligible to use the Ecashpay Asia Mobile App or Web Portal, Ecashpay Wallet, and Ecashpay.Ecashpay Asia reserves the right to suspend, deactivate, or limit the access to User’s Ecashpay Wallet and Ecashpay Asia’s services in the event that Ecashpay Asia is unable to obtain or verify the information. Ecashpay Asia will be processing the received information in accordance with the requirements of the Data Privacy Act of 2012, its implementing rules and regulations, and the issuances of the National Privacy Commission (NPC).
  4. The User shall be responsible for providing the accurate and up to date information. If there should be any changes with the submitted information, the User shall inform Ecashpay Asia to process the changes.
  5. If there should be new services under Ecashpay Asia made available, Ecashpay Asia may require the User to submit supplementary information in order to avail the new service.
  1. ECASHPAY ACCOUNT SECURITY
  2. The User shall keep their Mobile PIN, OTP, and other related Ecashpay Asia account details confidential and secure always. These data shall not be disclosed and shall be kept by the User only. The User will be the one responsible for the security of their account, alongside their email address and registered mobile number.
  3. The User assume full responsibility and liability for all the transactions being made and done within the Ecashpay Asia platform and account. The User acknowledge and agree that the Mobile PIN and OTP shall be presumed to be done by the User.
  4. The User agree that Ecashpay Asia, at its sole discretion, is entitled to act on the instructions received from the User through the Ecashpay Asia Mobile App or Web Portal after the entry of the Mobile PIN or Biometric authentication. The User shall hold Ecashpay Asia free from any claims arising from the use of the User’s Mobile PIN or OTP, unless it is due to the gross negligence of Ecashpay Asia.
  5. The security and proper care of the Ecashpay Asia Account and its information, along with the confidentiality of the Mobile PIN and OTP shall be the sole responsibility of the User.
  6. In case of loss of mobile phone, SIM, or any that may potentially have access to the User’s Ecashpay Asia account, the User may immediately inform Ecashpay Asia by sending an email through helpdesk@ecashpay.com.ph or call Ecashpay Asia’s hotline at (02) 8998-0991 within twenty-four (24) hours from the discovery of such loss. All transactions made prior to the report of loss shall continue to be the liability of the User. The User shall hold Ecashpay Asia free and harmless from any claims arising from the loss as mentioned.
  1. ECASHPAY ASIA WALLET

The Ecashpay Asia Wallet is not a deposit account and is not covered by the Philippine Deposit Insurance Corporation (PDIC). It does not earn interest. However, it is subject to the rules and regulations of the BSP, the Anti-Money Laundering Act (AMLA), and the Data Privacy of 2012, its impending rules and regulations, and other related laws, rules, and regulations. The value loaded in the User’s Ecashpay Asia Wallet may used to transfer or send money to other users of Ecashpay Asia or to do transactions within the platform.

  1. ECASHPAY ASIA WALLET CASH IN

An Ecashpay Asia Account Holder can top-up or reload their Ecashpay Asia Wallet through any of the accredited Cash In Partner. The accredited Cash In Partner may require additional and applicable charges and fees to proceed with the transaction. The User shall be informed of such fees before the accredited Cash In Partner may proceed with the transaction.Ecashpay Asia may impose minimum and maximum amount per top-up or reload, depending on the type of Account and verification level.

  1. ECASHPAY ASIA WALLET CASH OUT

An EcashpayAsia Account Holder may cash out their Ecashpay in its equal value in peso, through any of the accredited Cash Out Partner. The accredited Cash Out Partner may require additional and applicable charges and fees to proceed with the transaction. The User shall be informed of such fees before the accredited Cash Out Partner may proceed with the transaction. Ecashpay Asia may impose minimum and maximum amount per cash out, depending on the type of Account and verification level.

  1. ECASHPAY ASIA E-TRANSFER

An Ecashpay Asia Account Holder may transfer value from their Ecashpay Asia Account to another Ecashpay Asia Account using the Ecashpay Asia Mobile App or Web Portal.

  1. PAYMENT OF GOODS AND SERVICES

9.1. USING ECASHPAY ASIA ACCOUNT

The Peso-value loaded in the Ecashpay Asia Account may be used to purchase goods and services to:

  1. In-Store Merchant with Ecashpay Asia QR Code – User scans the QR Code of merchant for payment.
  2. In-Store Merchant with Barcode Scanner – User to generate barcode for the Merchant to scan for payment.
  3. Online Merchants which accepts Ecashpay Asia –Online Payments for goods and services performed “remote”, such as but not limited to access through the Mobile App or Web Portal and Internet, where the User is not physically present in the Merchant’s premises when making a purchase, will not require the User’s signature in the Merchant’s transaction slip. Once the payment transaction has been authorized and consummated, Ecashpay Asia, Inc. shall not be held liable for any undelivered goods and defective product purchased.

9.2 USING LINKED DEBIT CARD / CREDIT CARD TO ECASHPAY ASIA ACCOUNT

By adding a debit card or credit card as a channel for Cash In transactions, the User is providing Ecashpay Asia with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method for Cash In pursuant to this Agreement. The User may stop the continuous authority in respect of any card by removing that card as a Payment Method in Cash In page.

  1. TRANSACTION AND ACCOUNT WALLET

Transaction and account wallet limits may be assigned or changed by Ecashpay Asia, Inc., at its option pursuant to Ecashpay Asia account type, applicable laws, subject to fifteen (15) days prior notice to the Account Holders.

  1. ACTIVATION AND DEACTIVATION OF ECASHPAY ASIA SERVICE FEATURES

Ecashpay Asia, Inc. may add or introduce other Service features. Moreover, it may also deactivate Service features at its option at any time. Ecashpay Asia, Inc. may opt to suspend or terminate User’s privilege to use a particular feature without prior notice, particularly, but not limited to occasions where there are fraudulent transactions or suspicious activity. In such cases, Ecashpay Asia, Inc. may charge a fee upon reactivation of the said feature, as per request of the User. The approval of the request shall be the sole discretion of Ecashpay Asia, Inc.

  1. LOYALTY AND REWARDS PROGRAM

Ecashpay Asia, Inc. shall have an option to introduce a Loyalty Program on the use of the Service. The User’s right and obligation in the Loyalty Program shall be covered by the Terms and Conditions specific to the Loyalty Program.

  1. FEES, RATES, AND OTHER CHARGES

The User shall pay the fees, rates, and/or other charges applicable to the transaction as imposed by Ecashpay Asia’s service partner. These applicable fees, rates, and/or other charges shall be debited from the User’s Ecashpay Asia Account or paid up front. The User agrees to pay these applicable fees, rates, and/or other charges relating to the Ecashpay Asia service and its use.

Ecashpay Asia, Inc. may charge dormancy fees to Ecashpay Asia Wallets that have not been used for any monetary transaction for over at least one (1) year from date of the last transaction. The dormancy fee shall be automatically debited from the User’s Ecashpay Asia Wallet.

Ecashpay Asia Account Wallets that remain inactive for one (1) year and with zero balance shall be automatically deactivated without further notice.

  1. STATEMENT OF TRANSACTION

The Statement of Transaction shall be reflected through the Reports section of the Account. User at any time may view their statement of transactions by logging-in to their Ecashpay Asia Account. The mere act of Ecashpay Asia, Inc. in making the Statement of Transactions viewable at any time via Ecashpay Asia Mobile App or Web Portal is conclusive presumption that the User has received the same. Ecashpay Asia, Inc. shall be held free and harmless from any and all liability should the Statement of Transactions be ready by a person other than the User. Neither may User thereafter raise the defense that they failed to receive the Statement of Transactions. In all instances, the User may inquire about the Statement of Transactions by contacting the Service Hotline. Statement of Transactions as viewed in the Ecashpay Asia Mobile App or Web Portal shall be conclusive account of User’s transaction.

  1. REFUNDS

Ecashpay Asia reserves the right that the Refund/s for any transaction shall depend on the Merchants or Service Partners.

If the Merchant will allow refunds, the Merchant may reach out to Ecashpay Asia to facilitate the User’s refund. Likely, if the User prefers to escalate the refund through Ecashpay Asia, they may submit the concern through the Service Hotline and Email Address with the details such as Date and Time of Transaction, Transaction Amount, Reference ID or Transaction Number, Details of the Concern, Screenshots or SMS confirmations to support the Concern, and other information that may be helpful.Ecashpay Asia may require additional information to further process the request.

If the Service Partner will allow refunds, the Service Partner and Ecashpay Asia may facilitate the refund in terms consideration of Service Partner’s Refund Policy.

If there should be any errors encountered during the transaction and balance has been debited, auto-rollback initiated shall happen. Should there be no auto-rollback occurred, the User may escalate the concern through the Service Hotline and Email Address with the details such as Date and Time of Transaction, Transaction Amount, Reference ID or Transaction Number, and details supporting the Concern.

  1. LOST FUNDS DUE TO UNAUTHORIZED TRANSACTIONS

Lost funds due to unauthorized transactions made from the User’s Ecashpay Asia Account may be recovered subject to the Terms set forth herein.

The User has the obligation to ensure the safety of their Ecashpay Asia Account. However, when an unauthorized transaction occurs in their Ecashpay Asia Account not attributable to the User’s fault or negligence, Ecashpay Asia may provide compensation for eligible Unauthorized Transactions. For the avoidance of doubt, an “Unauthorized Transaction” occurs when their Ecashpay Asia Account is compromised without disclosure of any confidential information (security questions, Mobile PIN, and/or OTP) that led to unauthorized individuals accessing or using their Ecashpay Asia Account.

If the User believe that an Unauthorized Transaction has occurred in their Ecashpay Asia Account, the User shall immediately notify Ecashpay Asia through the Service Hotline or Email Address with the information helpful to further verify the incident.

To be eligible, Unauthorized Transactions must be reported within fifteen (15) days from the occurrence or discovery of the Unauthorized Transaction, whichever is earlier. Ecashpay Asia reserves the right to refuse acceptance of the claim for compensation if the disputed transaction was reported beyond the 15-day prescribed period.

The User shall inform Ecashpay Asia about the incident narration and other proofs in connection with the incident. The User shall assure that the transaction was initiated and completed within the platform of Ecashpay Asia only.

  1. DISPUTES OF UNAUTHORIZED TRANSACTIONS

Transactions are authorized when either one or all of the following conditions are met;

  1. The User’s signature appears on or is affixed on the sales slip for In-Store transactions;
  2. The password or Mobile PIN is successfully keyed-in for transactions;
  3. SMS is sent from the User’s Mobile Phone / Number;
  4. When the User has successfully unlocked their Ecashpay Asia Account for internet transactions; or
  5. Once the User is authenticated and logged-in to the Ecashpay Asia Mobile App or Web Portal; this shall be sufficient evidence that any and all activity has been made and validated, and cannot be disputed by the User.

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

The User shall pay a corresponding processing fee for each sales slip retrieved upon the request of the User or by Ecashpay Asia, Inc. arising from an invalid dispute.

  1. DORMANCY, REINSTATEMENT, AND CANCELLATION OF ACCOUNT

An account is considered dormant when it does not have any client-initiated financial transaction for a period of one (1) year from date of last transaction, despite reminder from Ecashpay Asia or if theEcashpayAsia Account remains inactive and/or not loaded over a fixed period of time as may be required by EcashpayAsia or when the EcashpayAsia Account is not renewed or terminated for any reason and the User does not claim the money in the Account, for the same period of time.

EcashpayAsia, Inc. reserves the right to charge a dormancy fee if the Ecashpay Asia Account remains inactive and/or not loaded one (1) year after the last client-initiated financial transaction in accordance with the fees and charges, or not to renew, temporarily or permanently, the Service upon expiration, cancellation, or suspension.

Any Peso value remaining in the EcashpayAsia Account after cancellation and/or expiration shall be processed by Ecashpay Asia Inc., according to the rules set forth by the BangkoSentral ng Pilipinas (BSP).

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

  1. TERMINATION OF ECASHPAY ASIA ACCOUNT

Termination of Account will be taken should the Account Holder:

  1. Fails to comply with the Terms & Conditions provided herein or for any reason fail to renew the Ecashpay Asia Account
  2. The Ecashpay Asia Account is not renewed by Ecashpay Asia, Inc.
  3. The Account contains suspicious or fraudulent activity
  4. User dies or becomes insolvent, however evidenced, the right to use the Ecashpay Asia Account shall be terminated without prior notice.

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

  1. CHANGE OF NAME, CONTACT NUMBERS, OR ADDRESS

The Account Holder shall immediately notify the Hotline via telephone, or Helpdesk via email or through written notice of any change in theirname, residence, office or mailing address, and/or contact number/s.Ecashpay Asia, Inc. may require the User to submit additional and necessary documents to support the new information.

  1. FRAUDULENT TRANSACTIONS

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

Without giving any reason or notice, and without prejudice to the other provisions hereof, Ecashpay Asia, Inc. has the absolute discretion to refuse to approve any proposed account transaction even if there is sufficient available balance, to suspend, terminate or cancel the User’s right to use their account, to increase or decrease the balance limit, to refuse to reactivate their account and/or to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities, and privileges with respect to or in connection with the account, whether specifically relating to the User or generally to all or specific Users.

Ecashpay Asia, Inc. shall not be responsible if it does not approve any service transactions or settlement under the Service of the User even if there is sufficient balance limit available. Neither shall Ecashpay Asia,Inc. be responsible if the merchant does not accept or honor the transaction, even if there is sufficient balance available.

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

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

  1. DATA PRIVACY NOTICE

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

  1. Conducting analysis for purposes of research and marketing initiatives, including the creation of User’s personal profile based on your interests, preferences, mobility patterns from physical locations that you may visit, and other information that may be relevant for marketing and market research purposes;
  2. Managing the User’s account, providing customer care activities, monitoring the quality and security of the network, training our staff, and providing the services to you in a timely and efficient manner;
  3. Generating statistical insights based on the User’s usage and other information to assist the Government in planning for healthcare, disaster, and other similar initiatives;
  4. Credit scoring programs and initiatives, including but not limited to providing information to the Credit Information Corporation in furtherance of the objectives of Republic Act No. 9501, otherwise known as the Credit Information System Act;
  5. Sending commercial and promotional advertisements, loyalty and rewards offers, surveys, customer-care, and after sales communications, and other broadcast push messages;
  6. Sharing the User’s personal data with Ecashpay Asia’s business partners, authorized third-party content providers or other authorized third-party services; and
  7. Such other processing or disclosure that may be required under law or regulations.

The User’s personal data will be maintained in Ecashpay Asia, Inc. records throughout the User’savailment of the service, and for a maximum period of five years thereafter. The User’s are afforded certain rights in relation to User’s personal data under the Data Privacy Act, including the right to object to processing, the right to access the User’s data, the right to rectification of inaccurate data, and the right to erasure or blocking of data.

  1. DISCLOSURE

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

  1. GOVERNING LAW

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

  1. VENUE OF LITIGATION

Venue of all suits shall exclusively be at Quezon City, Metro Manila, Philippines only to the exclusion of all other courts.

  1. NON-WAIVER OF RIGHTS BY ECASHPAY ASIA, INC.

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

  1. SEPARABILITY CLAUSE

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

  1. AMENDMENTS

Ecashpay Asia, Inc. may at any time and for whatever reason it may deem proper, amend, revise or modify these Terms and Conditions without further notice. It is the User’s responsibility to regularly check any changes to these Terms and Conditions at their Mobile App or Web Portal or through the Official Website. The User’s continued use of the EcashpayAsia service after any such changes constitutes acceptance of the new Terms and Conditions. Failure to notify Ecashpay Asia, Inc. of User’s intention to terminate their account shall be construed as acceptance by the User of the amendments to these Terms and Conditions.

  1. AGREEMENT

The User agrees to be bound by the Terms and Conditions, Terms of Service, and the Privacy Policy governing the issuance and use of the EcashpayAsia service. Should the Account Holder disagree with the Terms and Conditions, Terms of Service, and the Privacy Policy the User shall reach out to Ecashpay Asia, Inc. and inform them of such information with the intention of cancellation of Ecashpay Asia services, or otherwise, the User shall continue to be liable for all charges incurred through the use of the Ecashpay Asia account.

  1. COMPLAINTS HANDLING PROCEDURE

Our customer’s financial questions, needs, and feedbacks are very important. If you have any concerns about a procedure or have encountered a problem with our service, you may contact our Customer Service number:(02) (02) 8998-0991 or send email to helpdesk@ecashpay.com.ph;

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

EcashpayAsia, Inc. fully cooperates with the BSP in the handling of complaints.

Consumer Protection and Market Conduct Office of the BangkoSentral ng Pilipinas (BSP): (02) 8708 – 7087

TERMS OF SERVICE

DEFINITION

  1. “Terms” used in this document pertains to the whole of this “Terms and Conditions of Use” including its subsequent amendments or revisions.
  2. “Services” means both mobile applications, channels and services, including all associated platforms linked therefrom, Ecashpay Asia, Inc., Ecashpay Asia, Inc. server and database, as well as all material, information, content, application, and functionality available in and through them.
  3. “We” refers to the vendors and providers of the Services, including but not limited to Ecashpay Asia,Inc., its directors, officers, employees, agents, and/or assigns and successors, as well as the owners/operators, affiliates, and/or licensors of the Services.
  4. “You” refers to you as a user of the Services, and includes your agents, assigns, or successors, as well as your parents or legal guardians, as the case may be, for those below the age of majority.
  5. “User content” refers to any content generated or uploaded by a user of the Services, which includes photographs, videos, music or other multimedia files, documents, information, or anything else that can be stored electronically.

USER REPRESENTATION AND WARRANTIES

  1. By visiting and/or using the Services, you signify your agreement to these Terms and you further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between Ecashpay Asia, Inc. and you.
  2. You must be more than 18 years of age and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms.
  3. By visiting and/or using the Services, you declare, represent and warrant that you understand that when using it, you will be exposed to content, material, or information from a variety of sources, and that Ecashpay Asia, is not responsible for the accuracy, usefulness, safety, completeness, or intellectual property rights of or relating to such content, material, or information, user-generated, submitted or otherwise, including those content, material or information that may be linked to it.
  4. You further understand and acknowledge that Ecashpay Asia, Inc. may have or may develop and implement additional features and tie-ups with other entities. By virtue of such, you may be exposed to content that may infringe on your intellectual property rights or that of your principal; or content that may be violative of your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and that these you undertake at your own risk, and you hereby agree that Ecashpay Asia, Inc. shall not be responsible, liable, or accountable for any of the foregoing. You also agree to indemnify and hold Ecashpay Asia, Inc. harmless to the fullest extent allowed by law regarding all matters related to or arising out of your use of the Services.
  5. By visiting and/or using the Services, you declare, undertake and affirm that you take sole responsibility for whatever consequences that may arise out of your visit and/or use of the Services. You understand that Ecashpay Asia Inc. shall not be liable for, and you hereby hold Ecashpay Asia Inc. free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, the Services. On the other hand, you declare, undertake and affirm that you shall indemnify Ecashpay Asia Inc. for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Services. You further agree, undertake, and commit to indemnify Ecashpay Asia, Inc. for any breach of its proprietary and other rights, including breach of these Terms, which you may commit in the course of or arising out of your use of the Services.
  6. You further declare, represent and warrant that you are aware that any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to your User Content without prior notice and without need of explicit consent from you anymore as you now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and obligation to respect uphold and honor any intellectual property rights which may cover such any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services.
  7. You acknowledge that any material, information or content which you create, upload, transmit, or display while using the Services may become publicly available, whether or not intended by you or by Ecashpay Asia, Inc. for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information or content which you create, upload, transmit or display using the Services. By visiting and/or using the Services, you hereby declare, acknowledge, and affirm to hold Ecashpay Asia, Inc. free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, regardless of negligence, lack of foresight, or lack of skill on the part of Ecashpay Asia, Inc. which may be directly or indirectly contributory to such unauthorized or unlawful use.
  8. You also acknowledge that you are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to Ecashpay Asia, Inc. and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities you may have incurred or may still incur relative to your use of the Services, as such termination of use of the Services and/or closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the rights which may have accrued in favor of Ecashpay Asia, Inc. including the rights, consents, permissions and licenses to use any and/or all User Content that you have created, uploaded, transmitted, or displayed using the Services.

ACCEPTABLE USE POLICY

YOU AND THE SERVICES

  1. You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of Ecashpay Asia, Inc. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo.
  2. You agree not to alter, modify, or cause the alteration or modification, of the Services, without prior written consent from Ecashpay Asia, Inc. You further agree not to use the Services for any commercial use, without prior written authority from Ecashpay Asia, Inc.
  3. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.
  4. You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.
  5. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material or information available on or through the Services, as well as those that enforce limitations on the use of the Services.
  6. You agree not to probe, scan or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or any other customer of Ecashpay Asia, Inc. including any account maintained with the Services not owned by you, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.
  7. You agree to use or access the Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.
  8. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services.
  9. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
  10. You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of Ecashpay Asia, or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by Ecashpay Asia, Inc. or by the owner of that content, material or information in a separate agreement.

YOU AND USER CONTENT

  1. You agree to and hereby undertake the sole responsibility, and hold Ecashpay Asia, Inc. free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services, and hereby stipulate admission of liability to Ecashpay, Asia Inc. for whatever loss or damage Ecashpay, Asia Inc. may suffer as a consequence of your use or misuse of the Services.
  2. You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize Ecashpay, Asia Inc. to use any and/or all User Content that you create, upload, transmit, or display using the Services.
  3. You agree not to use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment or causing damage.
  4. You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in pyramid, ponzi or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose.
  5. You represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize Ecashpay Asia, Inc. to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Services, as you hereby authorize and grant Ecashpay Asia, Inc. perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Services, in a manner EcashpayAsia, Inc. may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm and warrant to hold Ecashpay Asia, Inc. free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which Ecashpay Asia Inc. made available your User Content.
  6. Unless otherwise agreed in writing with Ecashpay Asia, Inc., you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the Services. You further acknowledge, agree, and admit that Ecashpay Asia, Inc. is not responsible for the actions of other users or any third party and hereby free Ecashpay Asia, Inc. and waive in its favor any or whatever right or claim you or your principal may have against Ecashpay Asia, Inc. relative to any User Content which you or a third party may create, upload, transmit or display using the Services.
  7. You agree to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the Services.
  8. You agree that by supplying its personal information for the purpose of availing yourself of the Service, you expressly consent to the processing of its supplied personal information for the purpose of creating and maintaining your account. Such consent includes authorization for Ecashpay Asia, Inc. to disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers and other consultants, pre-paid/debit/credit bureaus or any such persons as Ecashpay Asia, Inc. deems necessary, or as required by law, rule or regulation.

THIRD-PARTY CONTENT & SERVICES

  1. The Services contains content provided by third party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third Party Services; or the content, products, or services available on or through such Third Party Services. The availability of such Third Party services does not imply any endorsement by us of such Third Party services or the content, products, or services available therefrom.
  2. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third Party Services.
  3. Ecashpay Asia, Inc. makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.

RESERVED RIGHTS

  1. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to deny access to and / or discontinue the Services or any component thereof to anyone at anytime, temporarily or permanently, without prior notice. You hereby irrevocably agree, affirm and warrant to hold Ecashpay Asia, Inc. free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services.
  2. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold Ecashpay Asia, Inc. free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services.
  3. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at anytime and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.
  4. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion, to verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow Ecashpay Asia, Inc. to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process Ecashpay Asia, Inc.’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by Ecashpay Asia, Inc. provide the latter with certified digital or printed copies of the said information.
  5. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and Ecashpay Asia, Inc. Ecashpay Asia, Inc. makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold Ecashpay Asia, Inc. free from any liability and/or claims for indemnification or damages that may arise therefrom.
  6. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and with prior written notice to you sixty (60) days prior to effective date of change in fees / charges /penalties.
  7. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.
  8. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms. Non-enforcement of any of the rights of Ecashpay Asia, Inc. under these Terms, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by Ecashpay Asia, Inc. by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify Ecashpay Asia, Inc. or any third party for any damage Ecashpay Asia, Inc. or said third party may sustain as a result of your use of the Services.
  9. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold Ecashpay Asia, Inc. free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

ECASHPAY ASIA

TERMS AND CONDITIONS

  1. DEFINITION

Ecashpay Asia, Inc. (“Ecashpay Asia”) – a corporation registered with BangkoSentral ng Pilipinasas an E-Money Issuer.

Ecashpay Asia Account Holder (“User”) – refers to an individual who uses the Ecashpay Asia services and whose name appears on the registration, submitted identifications, online forms, and other documentations submitted through and for the platform.

Ecashpay– is a form of electronic money which allows Users to conveniently send and receive money electronically, as well as doing transactions inside and through the platform.

Ecashpay Wallet – is an electronic wallet that stores electronic money in Philippine Peso (Php) value in theEcashpay Asia system.

Ecashpay Asia Mobile App – mobile application that serves Users their Ecashpay Wallet and account.

Ecashpay Asia Web Portal – portal that serves the Merchants their Ecashpay Wallet and account and is accessible using web browsers.

EcashpayAsia Accredited Merchant (“Merchant”)– refers to an accredited establishment that can accept Ecashpay as payment for the purchase of goods and/or services.

Ecashpay Asia Cash In Partner – a cash in or top-up or load-up channel that is authorized to perform the service to Users.

In Store Payments – refers to face-to-face payment by the User using their Ecashpay.

Online Payments – refers to the online payment by the User using their Ecashpay.

Account Verification / Know-Your-Customer (KYC) – the process of verifying the identity by the User as required by the BangkoSentral ng Pilipinas.

Biometrics – refers to the means of verifying the identity through analysis of unique physical or behavioral characteristics such as the face or the fingerprint.

Mobile PIN – refers to the security authentication or step the User is required to do to access their Ecashpay Asia Account and Wallet.

  1. ECASHPAY ASIA ACCOUNT

The Ecashpay Asia Account is an electronic wallet with electronic money in Philippine Peso value. It is not a depository account, thus, it shall not earn interest and is not covered by the Philippine Deposit Insurance Corporation (PDIC). It is subject to the rules and regulations of the BangkoSentral ng Pilipinas (BSP) and the Anti-Money Laundering Act (AMLA).

  1. REGISTRATION AND BASIC TERMS
  1. User must be at least eighteen (18) years of age to be able to register and use the services. By registering, the User represent and warrant that they have the legal capacity to agree with the following Terms.
  2. Once terms have been accepted, you are allowing Ecashpay Asia to create an Ecashpay Asia Account under the User’s name and mobile number. To continue with the registration, Ecashpay Asia will be requiring the User to provide their but not limited to: complete name, present and permanent address, birthdate, nationality, source of funds, employment information, and proof of identity through valid ID with signature and photo of yourself. Ecashpay Asia may require the User to provide additional information to further verify their identity. Ecashpay Asia may also see the need to seek the assistance of a third-party provider to verify the registration information.
  3. The User agrees to provide all necessary information and render all reasonable assistance and cooperation that Ecashpay Asia may require in order to complete the verification process. The information that the User will provide will be used to determine whether the User is eligible to use the Ecashpay Asia Mobile App or Web Portal, Ecashpay Wallet, and Ecashpay.Ecashpay Asia reserves the right to suspend, deactivate, or limit the access to User’s Ecashpay Wallet and Ecashpay Asia’s services in the event that Ecashpay Asia is unable to obtain or verify the information. Ecashpay Asia will be processing the received information in accordance with the requirements of the Data Privacy Act of 2012, its implementing rules and regulations, and the issuances of the National Privacy Commission (NPC).
  4. The User shall be responsible for providing the accurate and up to date information. If there should be any changes with the submitted information, the User shall inform Ecashpay Asia to process the changes.
  5. If there should be new services under Ecashpay Asia made available, Ecashpay Asia may require the User to submit supplementary information in order to avail the new service.
  1. ECASHPAY ACCOUNT SECURITY
  2. The User shall keep their Mobile PIN, OTP, and other related Ecashpay Asia account details confidential and secure always. These data shall not be disclosed and shall be kept by the User only. The User will be the one responsible for the security of their account, alongside their email address and registered mobile number.
  3. The User assume full responsibility and liability for all the transactions being made and done within the Ecashpay Asia platform and account. The User acknowledge and agree that the Mobile PIN and OTP shall be presumed to be done by the User.
  4. The User agree that Ecashpay Asia, at its sole discretion, is entitled to act on the instructions received from the User through the Ecashpay Asia Mobile App or Web Portal after the entry of the Mobile PIN or Biometric authentication. The User shall hold Ecashpay Asia free from any claims arising from the use of the User’s Mobile PIN or OTP, unless it is due to the gross negligence of Ecashpay Asia.
  5. The security and proper care of the Ecashpay Asia Account and its information, along with the confidentiality of the Mobile PIN and OTP shall be the sole responsibility of the User.
  6. In case of loss of mobile phone, SIM, or any that may potentially have access to the User’s Ecashpay Asia account, the User may immediately inform Ecashpay Asia by sending an email through helpdesk@ecashpay.com.ph or call Ecashpay Asia’s hotline at (02) 8998-0991 within twenty-four (24) hours from the discovery of such loss. All transactions made prior to the report of loss shall continue to be the liability of the User. The User shall hold Ecashpay Asia free and harmless from any claims arising from the loss as mentioned.
  1. ECASHPAY ASIA WALLET

The Ecashpay Asia Wallet is not a deposit account and is not covered by the Philippine Deposit Insurance Corporation (PDIC). It does not earn interest. However, it is subject to the rules and regulations of the BSP, the Anti-Money Laundering Act (AMLA), and the Data Privacy of 2012, its impending rules and regulations, and other related laws, rules, and regulations. The value loaded in the User’s Ecashpay Asia Wallet may used to transfer or send money to other users of Ecashpay Asia or to do transactions within the platform.

  1. ECASHPAY ASIA WALLET CASH IN

An Ecashpay Asia Account Holder can top-up or reload their Ecashpay Asia Wallet through any of the accredited Cash In Partner. The accredited Cash In Partner may require additional and applicable charges and fees to proceed with the transaction. The User shall be informed of such fees before the accredited Cash In Partner may proceed with the transaction.Ecashpay Asia may impose minimum and maximum amount per top-up or reload, depending on the type of Account and verification level.

  1. ECASHPAY ASIA WALLET CASH OUT

An EcashpayAsia Account Holder may cash out their Ecashpay in its equal value in peso, through any of the accredited Cash Out Partner. The accredited Cash Out Partner may require additional and applicable charges and fees to proceed with the transaction. The User shall be informed of such fees before the accredited Cash Out Partner may proceed with the transaction. Ecashpay Asia may impose minimum and maximum amount per cash out, depending on the type of Account and verification level.

  1. ECASHPAY ASIA E-TRANSFER

An Ecashpay Asia Account Holder may transfer value from their Ecashpay Asia Account to another Ecashpay Asia Account using the Ecashpay Asia Mobile App or Web Portal.

  1. PAYMENT OF GOODS AND SERVICES

9.1. USING ECASHPAY ASIA ACCOUNT

The Peso-value loaded in the Ecashpay Asia Account may be used to purchase goods and services to:

  1. In-Store Merchant with Ecashpay Asia QR Code – User scans the QR Code of merchant for payment.
  2. In-Store Merchant with Barcode Scanner – User to generate barcode for the Merchant to scan for payment.
  3. Online Merchants which accepts Ecashpay Asia –Online Payments for goods and services performed “remote”, such as but not limited to access through the Mobile App or Web Portal and Internet, where the User is not physically present in the Merchant’s premises when making a purchase, will not require the User’s signature in the Merchant’s transaction slip. Once the payment transaction has been authorized and consummated, Ecashpay Asia, Inc. shall not be held liable for any undelivered goods and defective product purchased.

9.2 USING LINKED DEBIT CARD / CREDIT CARD TO ECASHPAY ASIA ACCOUNT

By adding a debit card or credit card as a channel for Cash In transactions, the User is providing Ecashpay Asia with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method for Cash In pursuant to this Agreement. The User may stop the continuous authority in respect of any card by removing that card as a Payment Method in Cash In page.

  1. TRANSACTION AND ACCOUNT WALLET

Transaction and account wallet limits may be assigned or changed by Ecashpay Asia, Inc., at its option pursuant to Ecashpay Asia account type, applicable laws, subject to fifteen (15) days prior notice to the Account Holders.

  1. ACTIVATION AND DEACTIVATION OF ECASHPAY ASIA SERVICE FEATURES

Ecashpay Asia, Inc. may add or introduce other Service features. Moreover, it may also deactivate Service features at its option at any time. Ecashpay Asia, Inc. may opt to suspend or terminate User’s privilege to use a particular feature without prior notice, particularly, but not limited to occasions where there are fraudulent transactions or suspicious activity. In such cases, Ecashpay Asia, Inc. may charge a fee upon reactivation of the said feature, as per request of the User. The approval of the request shall be the sole discretion of Ecashpay Asia, Inc.

  1. LOYALTY AND REWARDS PROGRAM

Ecashpay Asia, Inc. shall have an option to introduce a Loyalty Program on the use of the Service. The User’s right and obligation in the Loyalty Program shall be covered by the Terms and Conditions specific to the Loyalty Program.

  1. FEES, RATES, AND OTHER CHARGES

The User shall pay the fees, rates, and/or other charges applicable to the transaction as imposed by Ecashpay Asia’s service partner. These applicable fees, rates, and/or other charges shall be debited from the User’s Ecashpay Asia Account or paid up front. The User agrees to pay these applicable fees, rates, and/or other charges relating to the Ecashpay Asia service and its use.

Ecashpay Asia, Inc. may charge dormancy fees to Ecashpay Asia Wallets that have not been used for any monetary transaction for over at least one (1) year from date of the last transaction. The dormancy fee shall be automatically debited from the User’s Ecashpay Asia Wallet.

Ecashpay Asia Account Wallets that remain inactive for one (1) year and with zero balance shall be automatically deactivated without further notice.

  1. STATEMENT OF TRANSACTION

The Statement of Transaction shall be reflected through the Reports section of the Account. User at any time may view their statement of transactions by logging-in to their Ecashpay Asia Account. The mere act of Ecashpay Asia, Inc. in making the Statement of Transactions viewable at any time via Ecashpay Asia Mobile App or Web Portal is conclusive presumption that the User has received the same. Ecashpay Asia, Inc. shall be held free and harmless from any and all liability should the Statement of Transactions be ready by a person other than the User. Neither may User thereafter raise the defense that they failed to receive the Statement of Transactions. In all instances, the User may inquire about the Statement of Transactions by contacting the Service Hotline. Statement of Transactions as viewed in the Ecashpay Asia Mobile App or Web Portal shall be conclusive account of User’s transaction.

  1. REFUNDS

Ecashpay Asia reserves the right that the Refund/s for any transaction shall depend on the Merchants or Service Partners.

If the Merchant will allow refunds, the Merchant may reach out to Ecashpay Asia to facilitate the User’s refund. Likely, if the User prefers to escalate the refund through Ecashpay Asia, they may submit the concern through the Service Hotline and Email Address with the details such as Date and Time of Transaction, Transaction Amount, Reference ID or Transaction Number, Details of the Concern, Screenshots or SMS confirmations to support the Concern, and other information that may be helpful.Ecashpay Asia may require additional information to further process the request.

If the Service Partner will allow refunds, the Service Partner and Ecashpay Asia may facilitate the refund in terms consideration of Service Partner’s Refund Policy.

If there should be any errors encountered during the transaction and balance has been debited, auto-rollback initiated shall happen. Should there be no auto-rollback occurred, the User may escalate the concern through the Service Hotline and Email Address with the details such as Date and Time of Transaction, Transaction Amount, Reference ID or Transaction Number, and details supporting the Concern.

  1. LOST FUNDS DUE TO UNAUTHORIZED TRANSACTIONS

Lost funds due to unauthorized transactions made from the User’s Ecashpay Asia Account may be recovered subject to the Terms set forth herein.

The User has the obligation to ensure the safety of their Ecashpay Asia Account. However, when an unauthorized transaction occurs in their Ecashpay Asia Account not attributable to the User’s fault or negligence, Ecashpay Asia may provide compensation for eligible Unauthorized Transactions. For the avoidance of doubt, an “Unauthorized Transaction” occurs when their Ecashpay Asia Account is compromised without disclosure of any confidential information (security questions, Mobile PIN, and/or OTP) that led to unauthorized individuals accessing or using their Ecashpay Asia Account.

If the User believe that an Unauthorized Transaction has occurred in their Ecashpay Asia Account, the User shall immediately notify Ecashpay Asia through the Service Hotline or Email Address with the information helpful to further verify the incident.

To be eligible, Unauthorized Transactions must be reported within fifteen (15) days from the occurrence or discovery of the Unauthorized Transaction, whichever is earlier. Ecashpay Asia reserves the right to refuse acceptance of the claim for compensation if the disputed transaction was reported beyond the 15-day prescribed period.

The User shall inform Ecashpay Asia about the incident narration and other proofs in connection with the incident. The User shall assure that the transaction was initiated and completed within the platform of Ecashpay Asia only.

  1. DISPUTES OF UNAUTHORIZED TRANSACTIONS

Transactions are authorized when either one or all of the following conditions are met;

  1. The User’s signature appears on or is affixed on the sales slip for In-Store transactions;
  2. The password or Mobile PIN is successfully keyed-in for transactions;
  3. SMS is sent from the User’s Mobile Phone / Number;
  4. When the User has successfully unlocked their Ecashpay Asia Account for internet transactions; or
  5. Once the User is authenticated and logged-in to the Ecashpay Asia Mobile App or Web Portal; this shall be sufficient evidence that any and all activity has been made and validated, and cannot be disputed by the User.

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

The User shall pay a corresponding processing fee for each sales slip retrieved upon the request of the User or by Ecashpay Asia, Inc. arising from an invalid dispute.

  1. DORMANCY, REINSTATEMENT, AND CANCELLATION OF ACCOUNT

An account is considered dormant when it does not have any client-initiated financial transaction for a period of one (1) year from date of last transaction, despite reminder from Ecashpay Asia or if theEcashpayAsia Account remains inactive and/or not loaded over a fixed period of time as may be required by EcashpayAsia or when the EcashpayAsia Account is not renewed or terminated for any reason and the User does not claim the money in the Account, for the same period of time.

EcashpayAsia, Inc. reserves the right to charge a dormancy fee if the Ecashpay Asia Account remains inactive and/or not loaded one (1) year after the last client-initiated financial transaction in accordance with the fees and charges, or not to renew, temporarily or permanently, the Service upon expiration, cancellation, or suspension.

Any Peso value remaining in the EcashpayAsia Account after cancellation and/or expiration shall be processed by Ecashpay Asia Inc., according to the rules set forth by the BangkoSentral ng Pilipinas (BSP).

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

  1. TERMINATION OF ECASHPAY ASIA ACCOUNT

Termination of Account will be taken should the Account Holder:

  1. Fails to comply with the Terms & Conditions provided herein or for any reason fail to renew the Ecashpay Asia Account
  2. The Ecashpay Asia Account is not renewed by Ecashpay Asia, Inc.
  3. The Account contains suspicious or fraudulent activity
  4. User dies or becomes insolvent, however evidenced, the right to use the Ecashpay Asia Account shall be terminated without prior notice.

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

  1. CHANGE OF NAME, CONTACT NUMBERS, OR ADDRESS

The Account Holder shall immediately notify the Hotline via telephone, or Helpdesk via email or through written notice of any change in theirname, residence, office or mailing address, and/or contact number/s.Ecashpay Asia, Inc. may require the User to submit additional and necessary documents to support the new information.

  1. FRAUDULENT TRANSACTIONS

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

Without giving any reason or notice, and without prejudice to the other provisions hereof, Ecashpay Asia, Inc. has the absolute discretion to refuse to approve any proposed account transaction even if there is sufficient available balance, to suspend, terminate or cancel the User’s right to use their account, to increase or decrease the balance limit, to refuse to reactivate their account and/or to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities, and privileges with respect to or in connection with the account, whether specifically relating to the User or generally to all or specific Users.

Ecashpay Asia, Inc. shall not be responsible if it does not approve any service transactions or settlement under the Service of the User even if there is sufficient balance limit available. Neither shall Ecashpay Asia,Inc. be responsible if the merchant does not accept or honor the transaction, even if there is sufficient balance available.

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

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

  1. DATA PRIVACY NOTICE

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

  1. Conducting analysis for purposes of research and marketing initiatives, including the creation of User’s personal profile based on your interests, preferences, mobility patterns from physical locations that you may visit, and other information that may be relevant for marketing and market research purposes;
  2. Managing the User’s account, providing customer care activities, monitoring the quality and security of the network, training our staff, and providing the services to you in a timely and efficient manner;
  3. Generating statistical insights based on the User’s usage and other information to assist the Government in planning for healthcare, disaster, and other similar initiatives;
  4. Credit scoring programs and initiatives, including but not limited to providing information to the Credit Information Corporation in furtherance of the objectives of Republic Act No. 9501, otherwise known as the Credit Information System Act;
  5. Sending commercial and promotional advertisements, loyalty and rewards offers, surveys, customer-care, and after sales communications, and other broadcast push messages;
  6. Sharing the User’s personal data with Ecashpay Asia’s business partners, authorized third-party content providers or other authorized third-party services; and
  7. Such other processing or disclosure that may be required under law or regulations.

The User’s personal data will be maintained in Ecashpay Asia, Inc. records throughout the User’savailment of the service, and for a maximum period of five years thereafter. The User’s are afforded certain rights in relation to User’s personal data under the Data Privacy Act, including the right to object to processing, the right to access the User’s data, the right to rectification of inaccurate data, and the right to erasure or blocking of data.

  1. DISCLOSURE

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

  1. GOVERNING LAW

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

  1. VENUE OF LITIGATION

Venue of all suits shall exclusively be at Quezon City, Metro Manila, Philippines only to the exclusion of all other courts.

  1. NON-WAIVER OF RIGHTS BY ECASHPAY ASIA, INC.

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

  1. SEPARABILITY CLAUSE

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

  1. AMENDMENTS

Ecashpay Asia, Inc. may at any time and for whatever reason it may deem proper, amend, revise or modify these Terms and Conditions without further notice. It is the User’s responsibility to regularly check any changes to these Terms and Conditions at their Mobile App or Web Portal or through the Official Website. The User’s continued use of the EcashpayAsia service after any such changes constitutes acceptance of the new Terms and Conditions. Failure to notify Ecashpay Asia, Inc. of User’s intention to terminate their account shall be construed as acceptance by the User of the amendments to these Terms and Conditions.

  1. AGREEMENT

The User agrees to be bound by the Terms and Conditions, Terms of Service, and the Privacy Policy governing the issuance and use of the EcashpayAsia service. Should the Account Holder disagree with the Terms and Conditions, Terms of Service, and the Privacy Policy the User shall reach out to Ecashpay Asia, Inc. and inform them of such information with the intention of cancellation of Ecashpay Asia services, or otherwise, the User shall continue to be liable for all charges incurred through the use of the Ecashpay Asia account.

  1. COMPLAINTS HANDLING PROCEDURE

Our customer’s financial questions, needs, and feedbacks are very important. If you have any concerns about a procedure or have encountered a problem with our service, you may contact our Customer Service number:(02) (02) 8998-0991 or send email to helpdesk@ecashpay.com.ph;

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

EcashpayAsia, Inc. fully cooperates with the BSP in the handling of complaints.

Consumer Protection and Market Conduct Office of the BangkoSentral ng Pilipinas (BSP): (02) 8708 – 7087

DEFINITION

  1. “Terms” used in this document pertains to the whole of this “Terms and Conditions of Use” including its subsequent amendments or revisions.
  2. “Services” means both mobile applications, channels and services, including all associated platforms linked therefrom, Ecashpay Asia, Inc., Ecashpay Asia, Inc. server and database, as well as all material, information, content, application, and functionality available in and through them.
  3. “We” refers to the vendors and providers of the Services, including but not limited to Ecashpay Asia,Inc., its directors, officers, employees, agents, and/or assigns and successors, as well as the owners/operators, affiliates, and/or licensors of the Services.
  4. “You” refers to you as a user of the Services, and includes your agents, assigns, or successors, as well as your parents or legal guardians, as the case may be, for those below the age of majority.
  5. “User content” refers to any content generated or uploaded by a user of the Services, which includes photographs, videos, music or other multimedia files, documents, information, or anything else that can be stored electronically.

USER REPRESENTATION AND WARRANTIES

  1. By visiting and/or using the Services, you signify your agreement to these Terms and you further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between Ecashpay Asia, Inc. and you.
  2. You must be more than 18 years of age and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms.
  3. By visiting and/or using the Services, you declare, represent and warrant that you understand that when using it, you will be exposed to content, material, or information from a variety of sources, and that Ecashpay Asia, is not responsible for the accuracy, usefulness, safety, completeness, or intellectual property rights of or relating to such content, material, or information, user-generated, submitted or otherwise, including those content, material or information that may be linked to it.
  4. You further understand and acknowledge that Ecashpay Asia, Inc. may have or may develop and implement additional features and tie-ups with other entities. By virtue of such, you may be exposed to content that may infringe on your intellectual property rights or that of your principal; or content that may be violative of your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and that these you undertake at your own risk, and you hereby agree that Ecashpay Asia, Inc. shall not be responsible, liable, or accountable for any of the foregoing. You also agree to indemnify and hold Ecashpay Asia, Inc. harmless to the fullest extent allowed by law regarding all matters related to or arising out of your use of the Services.
  5. By visiting and/or using the Services, you declare, undertake and affirm that you take sole responsibility for whatever consequences that may arise out of your visit and/or use of the Services. You understand that Ecashpay Asia Inc. shall not be liable for, and you hereby hold Ecashpay Asia Inc. free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, the Services. On the other hand, you declare, undertake and affirm that you shall indemnify Ecashpay Asia Inc. for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Services. You further agree, undertake, and commit to indemnify Ecashpay Asia, Inc. for any breach of its proprietary and other rights, including breach of these Terms, which you may commit in the course of or arising out of your use of the Services.
  6. You further declare, represent and warrant that you are aware that any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to your User Content without prior notice and without need of explicit consent from you anymore as you now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and obligation to respect uphold and honor any intellectual property rights which may cover such any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services.
  7. You acknowledge that any material, information or content which you create, upload, transmit, or display while using the Services may become publicly available, whether or not intended by you or by Ecashpay Asia, Inc. for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information or content which you create, upload, transmit or display using the Services. By visiting and/or using the Services, you hereby declare, acknowledge, and affirm to hold Ecashpay Asia, Inc. free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, regardless of negligence, lack of foresight, or lack of skill on the part of Ecashpay Asia, Inc. which may be directly or indirectly contributory to such unauthorized or unlawful use.
  8. You also acknowledge that you are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to Ecashpay Asia, Inc. and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities you may have incurred or may still incur relative to your use of the Services, as such termination of use of the Services and/or closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the rights which may have accrued in favor of Ecashpay Asia, Inc. including the rights, consents, permissions and licenses to use any and/or all User Content that you have created, uploaded, transmitted, or displayed using the Services.

ACCEPTABLE USE POLICY

YOU AND THE SERVICES

  1. You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of Ecashpay Asia, Inc. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo.
  2. You agree not to alter, modify, or cause the alteration or modification, of the Services, without prior written consent from Ecashpay Asia, Inc. You further agree not to use the Services for any commercial use, without prior written authority from Ecashpay Asia, Inc.
  3. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.
  4. You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.
  5. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material or information available on or through the Services, as well as those that enforce limitations on the use of the Services.
  6. You agree not to probe, scan or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or any other customer of Ecashpay Asia, Inc. including any account maintained with the Services not owned by you, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.
  7. You agree to use or access the Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.
  8. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services.
  9. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
  10. You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of Ecashpay Asia, or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by Ecashpay Asia, Inc. or by the owner of that content, material or information in a separate agreement.

YOU AND USER CONTENT

  1. You agree to and hereby undertake the sole responsibility, and hold Ecashpay Asia, Inc. free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services, and hereby stipulate admission of liability to Ecashpay, Asia Inc. for whatever loss or damage Ecashpay, Asia Inc. may suffer as a consequence of your use or misuse of the Services.
  2. You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize Ecashpay, Asia Inc. to use any and/or all User Content that you create, upload, transmit, or display using the Services.
  3. You agree not to use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment or causing damage.
  4. You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in pyramid, ponzi or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose.
  5. You represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize Ecashpay Asia, Inc. to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Services, as you hereby authorize and grant Ecashpay Asia, Inc. perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Services, in a manner EcashpayAsia, Inc. may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm and warrant to hold Ecashpay Asia, Inc. free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which Ecashpay Asia Inc. made available your User Content.
  6. Unless otherwise agreed in writing with Ecashpay Asia, Inc., you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the Services. You further acknowledge, agree, and admit that Ecashpay Asia, Inc. is not responsible for the actions of other users or any third party and hereby free Ecashpay Asia, Inc. and waive in its favor any or whatever right or claim you or your principal may have against Ecashpay Asia, Inc. relative to any User Content which you or a third party may create, upload, transmit or display using the Services.
  7. You agree to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the Services.
  8. You agree that by supplying its personal information for the purpose of availing yourself of the Service, you expressly consent to the processing of its supplied personal information for the purpose of creating and maintaining your account. Such consent includes authorization for Ecashpay Asia, Inc. to disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers and other consultants, pre-paid/debit/credit bureaus or any such persons as Ecashpay Asia, Inc. deems necessary, or as required by law, rule or regulation.

THIRD-PARTY CONTENT & SERVICES

  1. The Services contains content provided by third party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third Party Services; or the content, products, or services available on or through such Third Party Services. The availability of such Third Party services does not imply any endorsement by us of such Third Party services or the content, products, or services available therefrom.
  2. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third Party Services.
  3. Ecashpay Asia, Inc. makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.

RESERVED RIGHTS

  1. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to deny access to and / or discontinue the Services or any component thereof to anyone at anytime, temporarily or permanently, without prior notice. You hereby irrevocably agree, affirm and warrant to hold Ecashpay Asia, Inc. free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services.
  2. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold Ecashpay Asia, Inc. free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services.
  3. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at anytime and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.
  4. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion, to verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow Ecashpay Asia, Inc. to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process Ecashpay Asia, Inc.’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by Ecashpay Asia, Inc. provide the latter with certified digital or printed copies of the said information.
  5. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and Ecashpay Asia, Inc. Ecashpay Asia, Inc. makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold Ecashpay Asia, Inc. free from any liability and/or claims for indemnification or damages that may arise therefrom.
  6. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and with prior written notice to you sixty (60) days prior to effective date of change in fees / charges /penalties.
  7. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.
  8. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms. Non-enforcement of any of the rights of Ecashpay Asia, Inc. under these Terms, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by Ecashpay Asia, Inc. by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify Ecashpay Asia, Inc. or any third party for any damage Ecashpay Asia, Inc. or said third party may sustain as a result of your use of the Services.
  9. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold Ecashpay Asia, Inc. free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.
  1. Table of Fees and Charges:

E-Wallet Cash In Fees:

ECASHPAY ASIA, INC.cash in fee as follows:

Denoms Fees
PHP 1 to P100,000.00 *PHP 0.00

*Additional fees might be added based on the charges of accredited Cash In partners or channels.

E-Wallet Cash In Fees:

ECASHPAY ASIA, INC.cash in fee as follows:

Denoms Fees
PHP 1 to P100,000.00 **PHP 0.00

**Additional fees might be added based on the charges of accredited Cash Out partners or channels.

Transfer Fees:

ECASHPAY ASIA transfer fee as follows:

Denoms Fees
To another Ecashpay Asia Account ***PHP 0.00
Bank Transfer ***starting PHP 15.00

***Additional fees might be added based on the charges of partner banks or channels.

Fees to Merchant:

ECASHPAY ASIA has no set-up or subscription fee. Merchants only pay when they get paid. We simply charge a small fee based on total sales volume. The more our merchants sell, the lower the fee.

Monthly Sales Transaction Fee
Up to 150,000.00 PHP 3.5% + 15.00
150,000.01 – 500,000.00 PHP 3.25% + 15.00
500,000.01 – 850,000.00 PHP 3.0% + 15.00
850,000.01 – 5,000,000.00 PHP 2.75% + 15.00
Above 5,000,000.00 PHP 2.5% + 15.00

Dormancy fee:

1% of the balance or PHP 30.00 per month as maximum.

ECASHPAY ASIA

TERMS AND CONDITIONS

  1. DEFINITION

Ecashpay Asia, Inc. (“Ecashpay Asia”) – a corporation registered with BangkoSentral ng Pilipinasas an E-Money Issuer.

Ecashpay Asia Account Holder (“User”) – refers to an individual who uses the Ecashpay Asia services and whose name appears on the registration, submitted identifications, online forms, and other documentations submitted through and for the platform.

Ecashpay– is a form of electronic money which allows Users to conveniently send and receive money electronically, as well as doing transactions inside and through the platform.

Ecashpay Wallet – is an electronic wallet that stores electronic money in Philippine Peso (Php) value in theEcashpay Asia system.

Ecashpay Asia Mobile App – mobile application that serves Users their Ecashpay Wallet and account.

Ecashpay Asia Web Portal – portal that serves the Merchants their Ecashpay Wallet and account and is accessible using web browsers.

EcashpayAsia Accredited Merchant (“Merchant”)– refers to an accredited establishment that can accept Ecashpay as payment for the purchase of goods and/or services.

Ecashpay Asia Cash In Partner – a cash in or top-up or load-up channel that is authorized to perform the service to Users.

In Store Payments – refers to face-to-face payment by the User using their Ecashpay.

Online Payments – refers to the online payment by the User using their Ecashpay.

QR Code – refers to the code which either the User or the Merchant will be using to do transfer or payments.

Account Verification / Know-Your-Customer (KYC) – the process of verifying the identity by the User as required by the BangkoSentral ng Pilipinas.

Biometrics – refers to the means of verifying the identity through analysis of unique physical or behavioral characteristics such as the face or the fingerprint.

Mobile PIN – refers to the security authentication or step the User is required to do to access their Ecashpay Asia Account and Wallet.

  1. ECASHPAY ASIA ACCOUNT

The Ecashpay Asia Account is an electronic wallet with electronic money in Philippine Peso value. It is not a depository account, thus, it shall not earn interest and is not covered by the Philippine Deposit Insurance Corporation (PDIC). It is subject to the rules and regulations of the BangkoSentral ng Pilipinas (BSP) and the Anti-Money Laundering Act (AMLA).

  1. REGISTRATION AND BASIC TERMS
  1. User must be at least eighteen (18) years of age to be able to register and use the services. By registering, the User represent and warrant that they have the legal capacity to agree with the following Terms.
  2. Once terms have been accepted, you are allowing Ecashpay Asia to create an Ecashpay Asia Account under the User’s name and mobile number. To continue with the registration, Ecashpay Asia will be requiring the User to provide their but not limited to: complete name, present and permanent address, birthdate, nationality, source of funds, employment information, and proof of identity through valid ID with signature and photo of yourself. Ecashpay Asia may require the User to provide additional information to further verify their identity. Ecashpay Asia may also see the need to seek the assistance of a third-party provider to verify the registration information.
  3. The User agrees to provide all necessary information and render all reasonable assistance and cooperation that Ecashpay Asia may require in order to complete the verification process. The information that the User will provide will be used to determine whether the User is eligible to use the Ecashpay Asia Mobile App or Web Portal, Ecashpay Wallet, and Ecashpay.Ecashpay Asia reserves the right to suspend, deactivate, or limit the access to User’s Ecashpay Wallet and Ecashpay Asia’s services in the event that Ecashpay Asia is unable to obtain or verify the information. Ecashpay Asia will be processing the received information in accordance with the requirements of the Data Privacy Act of 2012, its implementing rules and regulations, and the issuances of the National Privacy Commission (NPC).
  4. The User shall be responsible for providing the accurate and up to date information. If there should be any changes with the submitted information, the User shall inform Ecashpay Asia to process the changes.
  5. If there should be new services under Ecashpay Asia made available, Ecashpay Asia may require the User to submit supplementary information in order to avail the new service.
  1. ECASHPAY ACCOUNT SECURITY
  2. The User shall keep their Mobile PIN, OTP, and other related Ecashpay Asia account details confidential and secure always. These data shall not be disclosed and shall be kept by the User only. The User will be the one responsible for the security of their account, alongside their email address and registered mobile number.
  3. The User assume full responsibility and liability for all the transactions being made and done within the Ecashpay Asia platform and account. The User acknowledge and agree that the Mobile PIN and OTP shall be presumed to be done by the User.
  4. The User agree that Ecashpay Asia, at its sole discretion, is entitled to act on the instructions received from the User through the Ecashpay Asia Mobile App or Web Portal after the entry of the Mobile PIN or Biometric authentication. The User shall hold Ecashpay Asia free from any claims arising from the use of the User’s Mobile PIN or OTP, unless it is due to the gross negligence of Ecashpay Asia.
  5. The security and proper care of the Ecashpay Asia Account and its information, along with the confidentiality of the Mobile PIN and OTP shall be the sole responsibility of the User.
  6. In case of loss of mobile phone, SIM, or any that may potentially have access to the User’s Ecashpay Asia account, the User may immediately inform Ecashpay Asia by sending an email through helpdesk@ecashpay.com.ph or call Ecashpay Asia’s hotline at (02) 8998-0991 within twenty-four (24) hours from the discovery of such loss. All transactions made prior to the report of loss shall continue to be the liability of the User. The User shall hold Ecashpay Asia free and harmless from any claims arising from the loss as mentioned.
  1. ECASHPAY ASIA WALLET

The Ecashpay Asia Wallet is not a deposit account and is not covered by the Philippine Deposit Insurance Corporation (PDIC). It does not earn interest. However, it is subject to the rules and regulations of the BSP, the Anti-Money Laundering Act (AMLA), and the Data Privacy of 2012, its impending rules and regulations, and other related laws, rules, and regulations. The value loaded in the User’s Ecashpay Asia Wallet may used to transfer or send money to other users of Ecashpay Asia or to do transactions within the platform.

  1. ECASHPAY ASIA WALLET CASH IN

An Ecashpay Asia Account Holder can top-up or reload their Ecashpay Asia Wallet through any of the accredited Cash In Partner. The accredited Cash In Partner may require additional and applicable charges and fees to proceed with the transaction. The User shall be informed of such fees before the accredited Cash In Partner may proceed with the transaction.Ecashpay Asia may impose minimum and maximum amount per top-up or reload, depending on the type of Account and verification level.

  1. ECASHPAY ASIA WALLET CASH OUT

An EcashpayAsia Account Holder may cash out their Ecashpay in its equal value in peso, through any of the accredited Cash Out Partner. The accredited Cash Out Partner may require additional and applicable charges and fees to proceed with the transaction. The User shall be informed of such fees before the accredited Cash Out Partner may proceed with the transaction. Ecashpay Asia may impose minimum and maximum amount per cash out, depending on the type of Account and verification level.

  1. ECASHPAY ASIA E-TRANSFER

An Ecashpay Asia Account Holder may transfer value from their Ecashpay Asia Account to another Ecashpay Asia Account using the Ecashpay Asia Mobile App or Web Portal.

  1. PAYMENT OF GOODS AND SERVICES

9.1. USING ECASHPAY ASIA ACCOUNT

The Peso-value loaded in the Ecashpay Asia Account may be used to purchase goods and services to:

  1. In-Store Merchant with Ecashpay Asia QR Code – User scans the QR Code of merchant for payment.
  2. In-Store Merchant with Barcode Scanner – User to generate barcode for the Merchant to scan for payment.
  3. Online Merchants which accepts Ecashpay Asia –Online Payments for goods and services performed “remote”, such as but not limited to access through the Mobile App or Web Portal and Internet, where the User is not physically present in the Merchant’s premises when making a purchase, will not require the User’s signature in the Merchant’s transaction slip. Once the payment transaction has been authorized and consummated, Ecashpay Asia, Inc. shall not be held liable for any undelivered goods and defective product purchased.

9.2 USING LINKED DEBIT CARD / CREDIT CARD TO ECASHPAY ASIA ACCOUNT

By adding a debit card or credit card as a channel for Cash In transactions, the User is providing Ecashpay Asia with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Payment Method for Cash In pursuant to this Agreement. The User may stop the continuous authority in respect of any card by removing that card as a Payment Method in Cash In page.

  1. TRANSACTION AND ACCOUNT WALLET

Transaction and account wallet limits may be assigned or changed by Ecashpay Asia, Inc., at its option pursuant to Ecashpay Asia account type, applicable laws, subject to fifteen (15) days prior notice to the Account Holders.

  1. ACTIVATION AND DEACTIVATION OF ECASHPAY ASIA SERVICE FEATURES

Ecashpay Asia, Inc. may add or introduce other Service features. Moreover, it may also deactivate Service features at its option at any time. Ecashpay Asia, Inc. may opt to suspend or terminate User’s privilege to use a particular feature without prior notice, particularly, but not limited to occasions where there are fraudulent transactions or suspicious activity. In such cases, Ecashpay Asia, Inc. may charge a fee upon reactivation of the said feature, as per request of the User. The approval of the request shall be the sole discretion of Ecashpay Asia, Inc.

  1. LOYALTY AND REWARDS PROGRAM

Ecashpay Asia, Inc. shall have an option to introduce a Loyalty Program on the use of the Service. The User’s right and obligation in the Loyalty Program shall be covered by the Terms and Conditions specific to the Loyalty Program.

  1. FEES, RATES, AND OTHER CHARGES

The User shall pay the fees, rates, and/or other charges applicable to the transaction as imposed by Ecashpay Asia’s service partner. These applicable fees, rates, and/or other charges shall be debited from the User’s Ecashpay Asia Account or paid up front. The User agrees to pay these applicable fees, rates, and/or other charges relating to the Ecashpay Asia service and its use.

Ecashpay Asia, Inc. may charge dormancy fees to Ecashpay Asia Wallets that have not been used for any monetary transaction for over at least one (1) year from date of the last transaction. The dormancy fee shall be automatically debited from the User’s Ecashpay Asia Wallet.

Ecashpay Asia Account Wallets that remain inactive for one (1) year and with zero balance shall be automatically deactivated without further notice.

  1. STATEMENT OF TRANSACTION

The Statement of Transaction shall be reflected through the Reports section of the Account. User at any time may view their statement of transactions by logging-in to their Ecashpay Asia Account. The mere act of Ecashpay Asia, Inc. in making the Statement of Transactions viewable at any time via Ecashpay Asia Mobile App or Web Portal is conclusive presumption that the User has received the same. Ecashpay Asia, Inc. shall be held free and harmless from any and all liability should the Statement of Transactions be ready by a person other than the User. Neither may User thereafter raise the defense that they failed to receive the Statement of Transactions. In all instances, the User may inquire about the Statement of Transactions by contacting the Service Hotline. Statement of Transactions as viewed in the Ecashpay Asia Mobile App or Web Portal shall be conclusive account of User’s transaction.

  1. REFUNDS

Ecashpay Asia reserves the right that the Refund/s for any transaction shall depend on the Merchants or Service Partners.

If the Merchant will allow refunds, the Merchant may reach out to Ecashpay Asia to facilitate the User’s refund. Likely, if the User prefers to escalate the refund through Ecashpay Asia, they may submit the concern through the Service Hotline and Email Address with the details such as Date and Time of Transaction, Transaction Amount, Reference ID or Transaction Number, Details of the Concern, Screenshots or SMS confirmations to support the Concern, and other information that may be helpful.Ecashpay Asia may require additional information to further process the request.

If the Service Partner will allow refunds, the Service Partner and Ecashpay Asia may facilitate the refund in terms consideration of Service Partner’s Refund Policy.

If there should be any errors encountered during the transaction and balance has been debited, auto-rollback initiated shall happen. Should there be no auto-rollback occurred, the User may escalate the concern through the Service Hotline and Email Address with the details such as Date and Time of Transaction, Transaction Amount, Reference ID or Transaction Number, and details supporting the Concern.

  1. LOST FUNDS DUE TO UNAUTHORIZED TRANSACTIONS

Lost funds due to unauthorized transactions made from the User’s Ecashpay Asia Account may be recovered subject to the Terms set forth herein.

The User has the obligation to ensure the safety of their Ecashpay Asia Account. However, when an unauthorized transaction occurs in their Ecashpay Asia Account not attributable to the User’s fault or negligence, Ecashpay Asia may provide compensation for eligible Unauthorized Transactions. For the avoidance of doubt, an “Unauthorized Transaction” occurs when their Ecashpay Asia Account is compromised without disclosure of any confidential information (security questions, Mobile PIN, and/or OTP) that led to unauthorized individuals accessing or using their Ecashpay Asia Account.

If the User believe that an Unauthorized Transaction has occurred in their Ecashpay Asia Account, the User shall immediately notify Ecashpay Asia through the Service Hotline or Email Address with the information helpful to further verify the incident.

To be eligible, Unauthorized Transactions must be reported within fifteen (15) days from the occurrence or discovery of the Unauthorized Transaction, whichever is earlier. Ecashpay Asia reserves the right to refuse acceptance of the claim for compensation if the disputed transaction was reported beyond the 15-day prescribed period.

The User shall inform Ecashpay Asia about the incident narration and other proofs in connection with the incident. The User shall assure that the transaction was initiated and completed within the platform of Ecashpay Asia only.

  1. DISPUTES OF UNAUTHORIZED TRANSACTIONS

Transactions are authorized when either one or all of the following conditions are met;

  1. The User’s signature appears on or is affixed on the sales slip for In-Store transactions;
  2. The password or Mobile PIN is successfully keyed-in for transactions;
  3. SMS is sent from the User’s Mobile Phone / Number;
  4. When the User has successfully unlocked their Ecashpay Asia Account for internet transactions; or
  5. Once the User is authenticated and logged-in to the Ecashpay Asia Mobile App or Web Portal; this shall be sufficient evidence that any and all activity has been made and validated, and cannot be disputed by the User.

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

The User shall pay a corresponding processing fee for each sales slip retrieved upon the request of the User or by Ecashpay Asia, Inc. arising from an invalid dispute.

  1. DORMANCY, REINSTATEMENT, AND CANCELLATION OF ACCOUNT

An account is considered dormant when it does not have any client-initiated financial transaction for a period of one (1) year from date of last transaction, despite reminder from Ecashpay Asia or if theEcashpayAsia Account remains inactive and/or not loaded over a fixed period of time as may be required by EcashpayAsia or when the EcashpayAsia Account is not renewed or terminated for any reason and the User does not claim the money in the Account, for the same period of time.

EcashpayAsia, Inc. reserves the right to charge a dormancy fee if the Ecashpay Asia Account remains inactive and/or not loaded one (1) year after the last client-initiated financial transaction in accordance with the fees and charges, or not to renew, temporarily or permanently, the Service upon expiration, cancellation, or suspension.

Any Peso value remaining in the EcashpayAsia Account after cancellation and/or expiration shall be processed by Ecashpay Asia Inc., according to the rules set forth by the BangkoSentral ng Pilipinas (BSP).

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

  1. TERMINATION OF ECASHPAY ASIA ACCOUNT

Termination of Account will be taken should the Account Holder:

  1. Fails to comply with the Terms & Conditions provided herein or for any reason fail to renew the Ecashpay Asia Account
  2. The Ecashpay Asia Account is not renewed by Ecashpay Asia, Inc.
  3. The Account contains suspicious or fraudulent activity
  4. User dies or becomes insolvent, however evidenced, the right to use the Ecashpay Asia Account shall be terminated without prior notice.

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

  1. CHANGE OF NAME, CONTACT NUMBERS, OR ADDRESS

The Account Holder shall immediately notify the Hotline via telephone, or Helpdesk via email or through written notice of any change in theirname, residence, office or mailing address, and/or contact number/s.Ecashpay Asia, Inc. may require the User to submit additional and necessary documents to support the new information.

  1. FRAUDULENT TRANSACTIONS

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

Without giving any reason or notice, and without prejudice to the other provisions hereof, Ecashpay Asia, Inc. has the absolute discretion to refuse to approve any proposed account transaction even if there is sufficient available balance, to suspend, terminate or cancel the User’s right to use their account, to increase or decrease the balance limit, to refuse to reactivate their account and/or to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities, and privileges with respect to or in connection with the account, whether specifically relating to the User or generally to all or specific Users.

Ecashpay Asia, Inc. shall not be responsible if it does not approve any service transactions or settlement under the Service of the User even if there is sufficient balance limit available. Neither shall Ecashpay Asia,Inc. be responsible if the merchant does not accept or honor the transaction, even if there is sufficient balance available.

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

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

  1. DATA PRIVACY NOTICE

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

  1. Conducting analysis for purposes of research and marketing initiatives, including the creation of User’s personal profile based on your interests, preferences, mobility patterns from physical locations that you may visit, and other information that may be relevant for marketing and market research purposes;
  2. Managing the User’s account, providing customer care activities, monitoring the quality and security of the network, training our staff, and providing the services to you in a timely and efficient manner;
  3. Generating statistical insights based on the User’s usage and other information to assist the Government in planning for healthcare, disaster, and other similar initiatives;
  4. Credit scoring programs and initiatives, including but not limited to providing information to the Credit Information Corporation in furtherance of the objectives of Republic Act No. 9501, otherwise known as the Credit Information System Act;
  5. Sending commercial and promotional advertisements, loyalty and rewards offers, surveys, customer-care, and after sales communications, and other broadcast push messages;
  6. Sharing the User’s personal data with Ecashpay Asia’s business partners, authorized third-party content providers or other authorized third-party services; and
  7. Such other processing or disclosure that may be required under law or regulations.

The User’s personal data will be maintained in Ecashpay Asia, Inc. records throughout the User’savailment of the service, and for a maximum period of five years thereafter. The User’s are afforded certain rights in relation to User’s personal data under the Data Privacy Act, including the right to object to processing, the right to access the User’s data, the right to rectification of inaccurate data, and the right to erasure or blocking of data.

  1. DISCLOSURE

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

  1. GOVERNING LAW

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

  1. VENUE OF LITIGATION

Venue of all suits shall exclusively be at Quezon City, Metro Manila, Philippines only to the exclusion of all other courts.

  1. NON-WAIVER OF RIGHTS BY ECASHPAY ASIA, INC.

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

  1. SEPARABILITY CLAUSE

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

  1. AMENDMENTS

Ecashpay Asia, Inc. may at any time and for whatever reason it may deem proper, amend, revise or modify these Terms and Conditions without further notice. It is the User’s responsibility to regularly check any changes to these Terms and Conditions at their Mobile App or Web Portal or through the Official Website. The User’s continued use of the EcashpayAsia service after any such changes constitutes acceptance of the new Terms and Conditions. Failure to notify Ecashpay Asia, Inc. of User’s intention to terminate their account shall be construed as acceptance by the User of the amendments to these Terms and Conditions.

  1. AGREEMENT

The User agrees to be bound by the Terms and Conditions, Terms of Service, and the Privacy Policy governing the issuance and use of the EcashpayAsia service. Should the Account Holder disagree with the Terms and Conditions, Terms of Service, and the Privacy Policy the User shall reach out to Ecashpay Asia, Inc. and inform them of such information with the intention of cancellation of Ecashpay Asia services, or otherwise, the User shall continue to be liable for all charges incurred through the use of the Ecashpay Asia account.

  1. COMPLAINTS HANDLING PROCEDURE

Our customer’s financial questions, needs, and feedbacks are very important. If you have any concerns about a procedure or have encountered a problem with our service, you may contact our Customer Service number:(02) (02) 8998-0991 or send email to helpdesk@ecashpay.com.ph;

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

EcashpayAsia, Inc. fully cooperates with the BSP in the handling of complaints.

Consumer Protection and Market Conduct Office of the BangkoSentral ng Pilipinas (BSP): (02) 8708 – 7087

DEFINITION

  1. “Terms” used in this document pertains to the whole of this “Terms and Conditions of Use” including its subsequent amendments or revisions.
  2. “Services” means both mobile applications, channels and services, including all associated platforms linked therefrom, Ecashpay Asia, Inc., Ecashpay Asia, Inc. server and database, as well as all material, information, content, application, and functionality available in and through them.
  3. “We” refers to the vendors and providers of the Services, including but not limited to Ecashpay Asia,Inc., its directors, officers, employees, agents, and/or assigns and successors, as well as the owners/operators, affiliates, and/or licensors of the Services.
  4. “You” refers to you as a user of the Services, and includes your agents, assigns, or successors, as well as your parents or legal guardians, as the case may be, for those below the age of majority.
  5. “User content” refers to any content generated or uploaded by a user of the Services, which includes photographs, videos, music or other multimedia files, documents, information, or anything else that can be stored electronically.

USER REPRESENTATION AND WARRANTIES

  1. By visiting and/or using the Services, you signify your agreement to these Terms and you further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between Ecashpay Asia, Inc. and you.
  2. You must be more than 18 years of age and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms.
  3. By visiting and/or using the Services, you declare, represent and warrant that you understand that when using it, you will be exposed to content, material, or information from a variety of sources, and that Ecashpay Asia, is not responsible for the accuracy, usefulness, safety, completeness, or intellectual property rights of or relating to such content, material, or information, user-generated, submitted or otherwise, including those content, material or information that may be linked to it.
  4. You further understand and acknowledge that Ecashpay Asia, Inc. may have or may develop and implement additional features and tie-ups with other entities. By virtue of such, you may be exposed to content that may infringe on your intellectual property rights or that of your principal; or content that may be violative of your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and that these you undertake at your own risk, and you hereby agree that Ecashpay Asia, Inc. shall not be responsible, liable, or accountable for any of the foregoing. You also agree to indemnify and hold Ecashpay Asia, Inc. harmless to the fullest extent allowed by law regarding all matters related to or arising out of your use of the Services.
  5. By visiting and/or using the Services, you declare, undertake and affirm that you take sole responsibility for whatever consequences that may arise out of your visit and/or use of the Services. You understand that Ecashpay Asia Inc. shall not be liable for, and you hereby hold Ecashpay Asia Inc. free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, the Services. On the other hand, you declare, undertake and affirm that you shall indemnify Ecashpay Asia Inc. for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Services. You further agree, undertake, and commit to indemnify Ecashpay Asia, Inc. for any breach of its proprietary and other rights, including breach of these Terms, which you may commit in the course of or arising out of your use of the Services.
  6. You further declare, represent and warrant that you are aware that any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to your User Content without prior notice and without need of explicit consent from you anymore as you now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and obligation to respect uphold and honor any intellectual property rights which may cover such any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services.
  7. You acknowledge that any material, information or content which you create, upload, transmit, or display while using the Services may become publicly available, whether or not intended by you or by Ecashpay Asia, Inc. for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information or content which you create, upload, transmit or display using the Services. By visiting and/or using the Services, you hereby declare, acknowledge, and affirm to hold Ecashpay Asia, Inc. free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, regardless of negligence, lack of foresight, or lack of skill on the part of Ecashpay Asia, Inc. which may be directly or indirectly contributory to such unauthorized or unlawful use.
  8. You also acknowledge that you are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to Ecashpay Asia, Inc. and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities you may have incurred or may still incur relative to your use of the Services, as such termination of use of the Services and/or closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the rights which may have accrued in favor of Ecashpay Asia, Inc. including the rights, consents, permissions and licenses to use any and/or all User Content that you have created, uploaded, transmitted, or displayed using the Services.

ACCEPTABLE USE POLICY

YOU AND THE SERVICES

  1. You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of Ecashpay Asia, Inc. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo.
  2. You agree not to alter, modify, or cause the alteration or modification, of the Services, without prior written consent from Ecashpay Asia, Inc. You further agree not to use the Services for any commercial use, without prior written authority from Ecashpay Asia, Inc.
  3. You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.
  4. You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.
  5. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material or information available on or through the Services, as well as those that enforce limitations on the use of the Services.
  6. You agree not to probe, scan or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or any other customer of Ecashpay Asia, Inc. including any account maintained with the Services not owned by you, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.
  7. You agree to use or access the Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.
  8. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services.
  9. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person’s use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
  10. You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of Ecashpay Asia, or others. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by Ecashpay Asia, Inc. or by the owner of that content, material or information in a separate agreement.

YOU AND USER CONTENT

  1. You agree to and hereby undertake the sole responsibility, and hold Ecashpay Asia, Inc. free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services, and hereby stipulate admission of liability to Ecashpay, Asia Inc. for whatever loss or damage Ecashpay, Asia Inc. may suffer as a consequence of your use or misuse of the Services.
  2. You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize Ecashpay, Asia Inc. to use any and/or all User Content that you create, upload, transmit, or display using the Services.
  3. You agree not to use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment or causing damage.
  4. You agree not to share, create, upload, transmit or display using the Services any material, information, or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in pyramid, ponzi or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose.
  5. You represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize Ecashpay Asia, Inc. to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Services, as you hereby authorize and grant Ecashpay Asia, Inc. perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Services, in a manner EcashpayAsia, Inc. may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm and warrant to hold Ecashpay Asia, Inc. free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which Ecashpay Asia Inc. made available your User Content.
  6. Unless otherwise agreed in writing with Ecashpay Asia, Inc., you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the Services. You further acknowledge, agree, and admit that Ecashpay Asia, Inc. is not responsible for the actions of other users or any third party and hereby free Ecashpay Asia, Inc. and waive in its favor any or whatever right or claim you or your principal may have against Ecashpay Asia, Inc. relative to any User Content which you or a third party may create, upload, transmit or display using the Services.
  7. You agree to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the Services.
  8. You agree that by supplying its personal information for the purpose of availing yourself of the Service, you expressly consent to the processing of its supplied personal information for the purpose of creating and maintaining your account. Such consent includes authorization for Ecashpay Asia, Inc. to disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers and other consultants, pre-paid/debit/credit bureaus or any such persons as Ecashpay Asia, Inc. deems necessary, or as required by law, rule or regulation.

THIRD-PARTY CONTENT & SERVICES

  1. The Services contains content provided by third party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third Party Services; or the content, products, or services available on or through such Third Party Services. The availability of such Third Party services does not imply any endorsement by us of such Third Party services or the content, products, or services available therefrom.
  2. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third Party Services.
  3. Ecashpay Asia, Inc. makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.

RESERVED RIGHTS

  1. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to deny access to and / or discontinue the Services or any component thereof to anyone at anytime, temporarily or permanently, without prior notice. You hereby irrevocably agree, affirm and warrant to hold Ecashpay Asia, Inc. free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services.
  2. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold Ecashpay Asia, Inc. free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services.
  3. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at anytime and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.
  4. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion, to verify, check, cross-refer, validate, and ascertain the veracity and truthfulness of all information supplied by you by acquiring, accessing, retrieving, or otherwise acquiring similar or additional information supplied by you to other third-party service providers, including, but not limited to telecommunications providers, etc. You hereby expressly, unequivocally, and voluntarily allow Ecashpay Asia, Inc. to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process Ecashpay Asia, Inc.’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by Ecashpay Asia, Inc. provide the latter with certified digital or printed copies of the said information.
  5. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including SMS, notifications, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and Ecashpay Asia, Inc. Ecashpay Asia, Inc. makes no warranty of any kind, express or implied, for such service updates and/or messages, but you hereby agree to receive such service updates and/or messages and hold Ecashpay Asia, Inc. free from any liability and/or claims for indemnification or damages that may arise therefrom.
  6. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and with prior written notice to you sixty (60) days prior to effective date of change in fees / charges /penalties.
  7. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.
  8. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms. Non-enforcement of any of the rights of Ecashpay Asia, Inc. under these Terms, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by Ecashpay Asia, Inc. by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify Ecashpay Asia, Inc. or any third party for any damage Ecashpay Asia, Inc. or said third party may sustain as a result of your use of the Services.
  9. You understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that Ecashpay Asia, Inc. reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold Ecashpay Asia, Inc. free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.
  1. Table of Fees and Charges:

E-Wallet Cash In Fees:

ECASHPAY ASIA, INC.cash in fee as follows:

Denoms Fees
PHP 1 to P100,000.00 *PHP 0.00

*Additional fees might be added based on the charges of accredited Cash In partners or channels.

E-Wallet Cash In Fees:

ECASHPAY ASIA, INC.cash in fee as follows:

Denoms Fees
PHP 1 to P100,000.00 **PHP 0.00

**Additional fees might be added based on the charges of accredited Cash Out partners or channels.

Transfer Fees:

ECASHPAY ASIA transfer fee as follows:

Denoms Fees
To another Ecashpay Asia Account ***PHP 0.00
Bank Transfer ***starting PHP 15.00

***Additional fees might be added based on the charges of partner banks or channels.

Fees to Merchant:

ECASHPAY ASIA has no set-up or subscription fee. Merchants only pay when they get paid. We simply charge a small fee based on total sales volume. The more our merchants sell, the lower the fee.

Monthly Sales Transaction Fee
Up to 150,000.00 PHP 3.5% + 15.00
150,000.01 – 500,000.00 PHP 3.25% + 15.00
500,000.01 – 850,000.00 PHP 3.0% + 15.00
850,000.01 – 5,000,000.00 PHP 2.75% + 15.00
Above 5,000,000.00 PHP 2.5% + 15.00

Dormancy fee:

1% of the balance or PHP 30.00 per month as maximum.