Please read this Cash Wallet User Agreement set out below, which includes disclaimers of liability and other important matters of interest to users generally. By pressing the "I
Agree" button, you acknowledge that you have read and understood the Cash Wallet
User Agreement, and you agree unconditionally to be bound by the terms and conditions
of the Cash Wallet User Agreement and all amendments, revisions and additions which
we may at our absolute discretion effect from time to time.
- ACCEPTANCE.
By accessing and/or using the services provided through the Cash Wallet websites (the “Cash Wallet Services” or the “Services”), you are deemed to have
accepted and agreed to be bound by all operational rules and general terms and conditions thereof, including without limitation all the following paragraphs, and to pay any fees associated with the use of the Cash Wallet Services.
You likewise agree to be bound by any and all laws, rules, regulations and official issuances applicable to Cash Wallet, now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of other facilities, benefits or services which may be made available to you through the websites of Cash Wallet, or of its parent company, subsidiaries or affiliates.
2. USE OF SERVICES.
The Cash Wallet Services (the “Services”) is an electronic payment service that enables users to electronically make payments to and accept payments from third parties. When using the Services, you agree that you will not: (1) violate any applicable law, statute, ordinance, rule and regulation; (2) violate any code of conduct or other guidelines which may be applicable for any particular Service; (3) use the Services in connection with surveys, contests, pyramid or ponzi schemes, matrix programs, other
“get rich quick” schemes or certain multi-level marketing programs; (4) use the Services to purchase or sell annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, traveler’s checks or money orders; (5) use the Services for currency exchanges or check cashing businesses
or to provide certain credit repair or debt settlement services; (6) use the Services for
gambling and/or gaming activities, including but not limited to casino games, sports
betting, horse or greyhound racing, lottery tickets, certain games of skill, and other
ventures that facilitate gambling unless the operator has obtained prior approval from
Cash Wallet and the operator and customers are located exclusively in jurisdictions
where such gambling activities are permitted by law; (7) use the Services to show the
personal information of third parties in violation of applicable law, harvest or otherwise
collect information about others, including e-mail addresses, create a false identity for
the purpose of misleading others or to violate the legal rights of others; and (8) use the
Services to restrict or inhibit any other user from using and enjoying the Services
Cash Wallet has no obligation to screen and monitor the Services. However, Cash
Wallet reserves the right to review the payments made and accepted and other data
posted to the Services and to refuse or decline payments in its sole and exclusive
discretion. Cash Wallet reserves the right to civilly or criminally prosecute you for
providing any form of false or misleading information to Cash Wallet or for breach of
this Agreement or applicable laws and regulations, regardless of the nature of the
information.
Always use caution when giving out any personally identifying information about
yourself or your children in using the Services. Cash Wallet does not control or endorse
the content, messages or information found in any Service and, therefore, Cash Wallet
specifically disclaims any liability with regard to the Services and any actions resulting
from your participation in any Service. User, managers and hosts are not authorized
Cash Wallet spokespersons, and their views do not necessarily reflect those of Cash
Wallet.
- STATEMENTS, VERIFICATION.
You agree that all disclosures and communications regarding this Agreement and
the Services may be made by email and/or by mobile phone. Any electronic disclosure
or communication we make will be considered made when it is sent to you.
- ACTIVITIES OR TRANSACTIONS INVOLVING CASHWALLET.
Cash Wallet is not involved in any transaction between you and any other party
who uses this Site, and is not acting as your or any other party's agent. Cash Wallet
cannot screen, censor or otherwise control the listings or any transactions, including
whether a listing is accurately described, whether an item can be legally purchased or
sold, or whether a transaction will be completed as described by the seller or the buyer.
Further, Cash Wallet cannot control or warrant the behavior of the users of the Services.
As such, your use of Cash Wallet and its Services is at your own risk, and Cash Wallet
disclaims any liability with regard to use of said Services and any actions resulting from
your or any other party's participation in the Services. You hereby agree to release Cash
Wallet, its service partners, agents, employees, consultants, stockholders, officers and
directors from all claims, demands and damages, whether actual or consequential, of
every kind, whether known or unknown, disclosed or undisclosed, arising out of or in
connection with any and all listings, transactions, or any other use of Cash Wallet and
the Services. Further, because Cash Wallet is not involved in any transactions between
you and other users of the Services, Cash Wallet cannot and will not be involved in
resolving any disputes relating to any completed or uncompleted transaction for the
purchase or sale of listed goods, except to provide access to a User Profile where
ratings, comments and feedback about a particular user may be posted and accessed by
others.
It is your responsibility to determine whether the purchase or sale of any item is
authorized by law, statute, or regulation. Without limitation, Cash Wallet shall not be
used for the purchase or sale of the following items: firearms, explosives, and
ammunition; alcoholic beverages; tobacco products; pharmaceuticals, prohibited and
regulated drugs; counterfeit, pirated or stolen goods; counterfeit, pirated or other
unauthorized software, including unlicensed back-up copies, beta or pre-release
software, academic edition software licensed solely for use by authorized educational
institutions and other users; any goods that infringe or otherwise violate another party's
rights, including copyright, patent, trademark, or rights of publicity or privacy; goods
that are, in Cash Wallet's sole discretion, indecent, obscene or pornographic; registered
or unregistered securities; goods which you do not have the legal right to sell; goods
which are misrepresented or which do not in fact exist; goods which would cause CashWallet to violate any law, statute, ordinance, rule or regulation. Cash Wallet reserves
the right to cancel any payment at any time for any reason, with or without cause, and
reserves the right to prohibit or restrict access to the Services to anyone at any time,
with or without cause.
- USERS ELIGIBILITY.
You warrant that you are at least 18 years of age and possess the legal authority
to enter into this agreement and to use the Services in accordance with all terms and
conditions herein.
If you are buying or selling goods using the Services, you further warrant that you
have legal authority to enter into other binding agreements for the sale or purchase of
goods. You agree to be financially responsible for all of your use of the Services (as well
as for use of your account by others, including without limitation minors living with
you). You agree to supervise and be responsible for all usage of minors of the Services
under your name or account.
You also warrant that all information supplied by you or members of your
household in using the Services, including without limitation your name, email address,
street address, telephone number, credit card number, is true and accurate. Failure to
provide accurate information may subject you to civil and criminal penalties.
- MODIFICATION OF USER AGREEMENT.
Cash Wallet reserves the right to change the terms, conditions, and notices under
which the Cash Wallet Web Sites/Services are offered, including but not limited to the
charges associated with the use of the Cash Wallet Web Sites/Services. You are
responsible for regularly reviewing these terms and conditions and additional terms
posted on particular websites. Your continued use of the Cash Wallet Web
Sites/Services constitutes your agreement to all such terms, conditions, and notices.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If a particular Cash Wallet Web Site/Service requires you to register, you must
complete the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You then will choose a
password and a user name. You shall be responsible for updating the information which
you have provided to ensure that the information is always current and valid. You are
entirely responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur under your
account. You agree to notify Cash Wallet immediately of any unauthorized use of your
account or any other breach of security. Cash Wallet will not be liable for any loss or
damages that you may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you could be held liable for
losses incurred by Cash Wallet or another party due to someone else using your account
or password. You may not use anyone else's account at any time, without the
permission of the account holder.
- RELATIONSHIP.
Cash Wallet is an independent service provider and as such, does not act on
behalf of or as agent of any user. No agency, partnership, joint venture, employeeemployer
or franchiser-franchisee relationship is intended or created by this User
Agreement or the use of the Cash Wallet Services.
- LIABILITY DISCLAIMER.
Cash Wallet does not guarantee the identity of any user. Cash Wallet is not
responsible for the conduct, whether online or offline, of any user of the
Website/Services. Cash Wallet, DotEnable, SMART/Talk n Text, GLOBE/Touch Mobile
and SUN are not involved in the actual transaction between the buyers and sellers. As a
result, we have no control over the quality, safety or legality of the items advertised, the
accuracy of the listings, the ability of buyers to pay for the items or the ability of the
sellers to sell or produce the items. We cannot assure that a buyer or seller will
complete a transaction.
The Information, Software, Products, and Services included in or available
through the Cash Wallet Website/Services may include inaccuracies or typographical
errors. Changes are periodically made to the Cash Wallet Website/Services and to the
information therein. Cash Wallet may make improvements and/or changes in the Cash
Wallet Website/Services at any time.
Cash Wallet makes no representations about the suitability, reliability,
availability, timeliness, lack of viruses or other harmful components and accuracy of the
information, software, products, services and related graphics contained within the
Cash Wallet Website/services for any purpose. All such information, software, products,
services and related graphics are provided "as is" without warranty of any kind. Cash
Wallet hereby disclaims all warranties and conditions with regard to information,
software, products, services and related graphics, including all implied warranties and
conditions of merchantability, fitness for a particular purpose, workmanlike effort, title
and non-infringement. You specifically agree that Cash Wallet shall not be responsible
for unauthorized access to or alteration of your transmissions or data, any material or
data sent or received or not sent or received, or any transactions entered into through
the Cash Wallet Website/Service. You specifically agree that Cash Wallet is not
responsible or liable for any threatening, defamatory, obscene, offensive or illegal
content or conduct of any other party or any infringement of another's right, including
intellectual property rights. You specifically agree that Cash Wallet is not responsible for
any content sent using and/or included in any Cash Wallet Website/Service by any third
party. In no event shall Cash Wallet be liable for any direct, indirect, actual, moral,
exemplary, punitive, incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use, data or profits, arising
out of or in any way connected with the use or performance of the Cash Wallet
Website/Services, with the delay or inability to use the Cash Wallet Website/Services or
related services, the provision of or failure to provide services, or for any information,
software, products, services and related graphics obtained through the Cash Wallet
Website/Services, or otherwise arising out of the use of the Cash Wallet
Website/Services, whether based on contract, tort, negligence, strict liability or
otherwise, even if Cash Wallet has been advised of the possibility of damages. If you are
dissatisfied with any portion of the Cash Wallet Website/Services, or with any of these
terms of use, your sole and exclusive remedy is to discontinue using the Cash Wallet
Website/Services.
Cash Wallet will not be liable for any errors, omissions, loss of data, materials or
functions by third party sites linked to or from Cash Wallet Website and operated by other entities. Third party websites linked to or from our Cash Wallet Website are the
responsibility of those other entities and Cash Wallet does not endorse the sites even if
a link is established between the Cash Wallet's website and the website of the other
entity.
Cash Wallet does not have control of or liability for the products or services that
are paid for with the Services. Cash Wallet likewise does not ensure that buyer or seller
will complete a transaction.
- CASHWALLET IS NOT A BORROWER.
Cash Wallet is not considered a borrower of any of your funds and that you will
not receive interest or other earnings on the funds that Cash Wallet holds in your
behalf.
- TERMINATION/ACCESS RESTRICTION.
You expressly agree that use of the Services is at your sole risk. Neither Cash
Wallet, nor its affiliates, nor any of their officers, directors, shareholders, or employees,
agents, third-party content providers, merchants, sponsors, licensors, or the like,
warrant that the Services will be uninterrupted or error-free; nor do they make any
warranty as to the results that may be obtained from the use of the Services, or as to
the accuracy, reliability, or currency of any information content, service, or merchandise
provided through the Cash Wallet Website.
Cash Wallet reserves the right, in its sole discretion, to terminate your access to
any or all Cash Wallet Websites/Services and the related services or any portion thereof
at any time, without notice. Upon termination of the Cash Wallet Website/Service, your
right to use the Cash Wallet Website/Service immediately ceases. Cash Wallet shall have
no obligation to maintain any content or to forward any unread or unsent messages,
bids, notices, materials or any data to you or any third party.
Cash Wallet also reserves the right to cancel /terminate unconfirmed accounts or
accounts that have remained inactive for such period of time as may be determined by
Cash Wallet.
- FEES AND OTHER CHARGES.
Use of the Cash Wallet Websites /Services may be subject to the payment of
certain fees and Cash Wallet reserves the right to charge fees based on a Fees Schedule
to be formulated by Cash Wallet. Cash Wallet further reserves the right to revise any
and all fees from time to time, without notice.
You shall be completely responsible for all charges, fees, duties, taxes, and
assessments arising out of the use of the Cash Wallet Websites /Services in a timely
manner through a valid payment method. By using the Cash Wallet Services, you
hereby authorize Cash Wallet to deduct all overdue amounts, or any portion thereof,
from your existing balance in your Cash Wallet account and through such other manner
as may be necessary to collect all amounts due to Cash Wallet, without prejudice to
other remedies granted under the law.
Be advised that fees may be assessed and billed to you for time spent on Cash
Wallet, via internet access, separately by your online service provider.
- INTELLECTUAL PROPERTY RIGHTS.
You acknowledge that the Cash Wallet Websites may contain information, data,
software, photographs, graphs, typefaces, graphics, music, sounds, and other material
(collectively "Content") that are protected by copyrights, trademarks, trade secrets, or
other proprietary rights, and that these rights are valid and protected in all forms, media
and technologies existing now or hereinafter developed. All Content is copyrighted as a
collective work under the existing copyright laws, and the Cash Wallet Websites owns a
copyright in the selection, coordination, arrangement, and enhancement of such
Content. You may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. You may not upload, post, reproduce, or
distribute in any way Content protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other propriety right. In addition
to the foregoing, use of any software Content shall be governed by the software license
agreement accompanying such software.
- INDEMNITY.
You shall fully indemnify and render Cash Wallet, its parent company,
subsidiaries or affiliates or any of its officers, directors, shareholders, employees and
assigns, free and harmless from any and all claims, liabilities, demands, actions,
obligations, losses, injuries, damages and proceedings whatsoever made against Cash
Wallet by any person whosoever arising out of or in connection with (a) your use of the
Cash Wallet Websites/Services; (b) any transaction you made through the internet,
whether or not using the Cash Wallet Websites/Services; and (c) breach of this
Agreement, or your violation of any law or the rights of a third party.
Furthermore, the Corporation shall be entitled to a reimbursement of all
amounts paid as a result of the foregoing.
- ASSIGNMENT.
You shall not assign your Cash Wallet account, the existing balance therein, any
payments which may be due hereunder, as well as any other rights or obligations you
have under this Agreement without prior written consent of the Cash Wallet. Any
assignment made without such consent shall be void.
- CASHWALLET RULES AND REGULATIONS.
You agree to be bound by rules and regulations which Cash Wallet may from time
to time promulgate or issue in connection with the procedures, restrictions, mechanics,
fees, charges, taxes, terms and methods of payment, liability, cancellations, refused
transactions, complaints processing, notices, account balances, currency, user accounts,
and such other terms and conditions for the use of the Cash Wallet Websites/Services.
- MODIFICATION OF USER AGREEMENT.
Cash Wallet reserves the right to change the terms, conditions, and notices under
which the Cash Wallet Website/Services are offered, including but not limited to the
charges associated with the use of the Cash Wallet Website/Services at any time
without notice. You are responsible for regularly reviewing these terms and conditions
and additional terms posted on particular websites. Your continued use of the CashWallet Website/Services constitutes your agreement to all such terms, conditions, and
notices.
- DISPUTES AND GOVERNING LAWS.
All disputes, controversies or claims arising from this User Agreement shall be
referred first to mediation by the National Center for Mediation prior to arbitration or
litigation.
Thereafter, any disputes arising from this User Agreement shall be finally settled
by arbitration administered by the Philippine Dispute Resolution Center, Inc. under its
International Arbitration Rules by three arbitrators, one elected by each party, and a
third elected by the two arbitrators so chosen. The venue for arbitration shall be in the
Philippines. Any legal action brought before a court of law shall be filed exclusive with
the proper courts of Parañaque City, Philippines.
This User Agreement shall be governed and construed in accordance with the
laws of the Republic of the Philippines.
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