GCASH TERMS & CONDITIONS

1. DEFINITIONS 14. GXI G-Xchange, Inc. (GXI); a wholly owned subsidiary of Globe Telecom (Globe), is duly registered with the Bangko Sentral ng Pilipinas (BSP) as a licensed remittance agent and E-Money Issuer. It handles the electronic money issuance and remittance services using Globe Telecoms network as transport channel under the GCASH brand. Globe Telecom mobile service provider which enables GCASH transactions through SMS. GCASH Is a form of electronic money which allows Globe and Touch Mobile subscribers to easily and conveniently send and receive cash as well as make payments electronically. GCASH Wallet an E-Money instrument that stores Philippine Peso (Php) value which resides in the GCASH system. It is an account that is linked to the GCASH subscribers Subscriber Identity Module (SIM) card. Functionalities include, but are not limited to, transfer of funds, payments of goods and services, over-the-air reload of airtime, and balance inquiry. GCASH Subscriber A Globe or TM subscriber registered with GCASH. GCASH Accredited Merchant An establishment that accepts GCASH as payment for purchase of goods and services. Biller Any utility company and the like, accredited by GXI and /or BPI-Globe BanKO to accept bills payment using GCASH. GCASH Accredited Partner An establishment that accepts Cash-in and Cash-out GCASH transactions. Cash-in The process of exchanging physical cash to GCASH. Cash-out The process of exchanging GCASH to physical cash. Globe or TM enabled mobile phone A mobile telephone handset with a Globe or TM SIM card. Short Message Service (SMS) A communications protocol allowing the interchange of short text messages between mobile telephone devices. Wallet Guide Guidelines on the use of GCASH. The Wallet Guide is issued to GCASH Subscribers and may be amended by GXI from time to time. 2. GCASH WALLET The GCASH Wallet is a re-loadable E-Money instrument that is linked to the Globe/TM subscribers SIM. It is not a deposit account and therefore, it is not covered by the Philippine Deposit Insurance Corporation (PDIC) and it does not earn interest. However, it is subject to the rules and regulations of the Bangko Sentral ng Pilipinas (BSP) and the Anti-Money Laundering Act (AMLA), as amended. GXI may suspend or terminate the use of the GCASH wallet for whatever reason it deems fit. In the event of any suspension or termination of the GCASH service, the GCASH Subscriber agrees to hold GXI and/or Globe free and harmless from any claim, damage, loss, expense, suit or liability whatsoever, arising from such suspension or termination. 18. The GCASH Wallet can be activated using a Globe or TM enabled mobile phones via an over-the-air registration. 3. CASH-IN GCASH Subscriber can cash-in Peso Value into the GCASH Wallet either through: Mobile Banking Service (MBS) GCASH Subscriber transfers Philippine Peso amount from his/her MBS BPI bank account into his/her GCASH Wallet via defined functions on his/her Globe or TM enabled mobile phone. GCASH Accredited Partners/Globe Stores GCASH subscriber personally hands over Philippine Peso cash (bills/coins) to accredited GCASH Outlets/Globe Stores for the amount to be cashed-in to his/her GCASH Wallet. Phone to Phone (P2P) Transfer GCASH Subscriber transfers Philippine Peso amount from his/her GCASH Wallet to another using his/her Globe or TM enabled mobile phone. 4. CASH-OUT The Peso Value cashed-in to the GCASH Wallet may be cashed-out using the GCASH Subscribers Globe or TM enabled mobile phone in any GCASH accredited outlets based on minimum and maximum cash-out amounts as may be imposed by GXI. 5. PAYMENT OF GOODS & SERVICES The Peso Value cashed-in to the GCASH Wallet may be used to purchase goods and services from GCASH Accredited Merchants using the P2P GCASH transfer executed by the GCASH Subscribers Globe or TM enabled mobile. 6. REMOTE/OFF-SITE PURCHASES Payments for goods and services performed off-site, such as but not limited to access through the Globe or TM enabled mobile phone and internet, wherein GCASH Subscriber is not physically present in the Merchant premises when making a purchase, will not require the GCASH Subscribers signature in the Merchant transaction slip. GXI shall be accrediting select Merchant to accept Remote/Off-site purchases. For such purchases, the GCASH Subscriber transfers the transaction amount to the assigned GCASH Wallet of the Merchant, using the P2P process as indicated in the Wallet Guide. The act of transferring to the Merchants assigned GCASH Wallet and keying-in of the MPIN shall be sufficient evidence that the payment has been made, validated and cannot be disputed by the GCASH Subscriber. Once the transaction has been authorized, the GCASH Subscriber and Merchant shall agree upon the manner of how the goods and/or services will be received by the GCASH Subscriber. Neither GXI nor Globe shall be held liable for any undelivered goods and services, defects, damages and after-sales services such goods and /or services. 21. 7. PAY BILLS Payment of bills does not require a printed receipt from the Biller. GXI shall be affiliating Billers to accept payments via the Billpay command or menu. For this transaction, the GCASH Subscriber enters the assigned Biller code and payment amount. An SMS/Text message is sent to his/her Globe or TM enabled mobile phone where he/she confirms payment request by keying-in his/her MPIN as further explained in the Wallet Guide, Confirmation through the use of the MPIN shall be sufficient evidence that the GCASH Subscriber authorized the payment to the chosen Biller and therefore, cannot be disputed by the GCASH Subscriber. The Transaction Reference No. in the SMS/Text message confirmation shall be the GCASH Subscribers proof of payment. 8. E-LOAD AND MICRO-PAYMENTS Loading of airtime credits and/or payment of goods and services to GCASH Accredited Merchants using funds from a GCASH Wallet shall be available via keyword-based commands or menu-based transactions. For keyword-based commands, the SMS/Text message sent from the Globe or TM enabled mobile phone shall be sufficient evidence that the GCASH Subscriber authorized the transaction and therefore, cannot be disputed by the GCASH Subscriber. The same rule shall apply for menu-based transactions, once the GCASH Subscriber keys-in his/her MPIN. In both cases, the Transaction Reference Number in the SMS/Text message confirmation shall be the GCASH Subscribers proof of payment. 9. TRANSACTION AND WALLET LIMIT Transaction and Wallet balance limits may be assigned or changed by GXI, at its option pursuant to applicable laws, subject to fifteen (15) days prior notice to the GCASH Subscribers. 10. ACTIVATION AND DE-ACTIVATION OF GCASH WALLET FEATURES 24. GXI may introduce other GCASH Wallet features. Moreover, it may also deactivate existing features at its option. On a case to case basis, GXI may opt to suspend or terminate a GCASH Subscribers privilege to use a particular feature, whenever it deems appropriate and necessary, particularly, but not limited to occasions when there are fraudulent transactions. In such cases, GXI may charge a fee upon reactivation of the said feature, as per request of the GCASH Subscriber. The approval of the request shall be the sole option of GXI. Any person at least seven (7) years of age not suffering from any disability other than minority may register to GCASH. 11. LOYALTY PROGRAM GXI, at its sole option, shall have the option to run a Loyalty Program on the use of the GCASH service. The GCASH Subscribers right and obligations in the Loyalty Program shall be covered by separate Terms and Conditions specific to the Loyalty Program. 12. FEES, RATES & OTHER CHARGES The GCASH Subscriber agrees to pay fees and charges related to his/her GCASH Wallet and its use, as may be imposed by GXI, such as, but not limited to Cash-in and Cash-out fees. Fees and other charges, as may be applicable, shall be inclusive of all applicable Philippine taxes and shall be debited from the GCASH Subscribers GCASH Wallet or paid upfront. A VAS (Value Added Service) fee on the SMS/Text message shall be charged to GCASH Subscriber against his/her Pre-paid balance or Post-paid phone account when using the Globe and TM enabled mobile phone for various GCASH transactions, such as but not limited to balance inquiry, over-the-air reloading, remote/off-site purchases, P2P transfers. 13. SENDING OF ACCOUNT/TRANSACTION HISTORY STATMENT Upon the GCASH Subscribers request, GXI shall send a copy of the GCASH Account/Transaction History statement either via mail, fax or email, as may be applicable. The mere act of GXI in sending the Account/ Transaction History statement in any mode and to the address indicated by the GCASH Subscriber is conclusive presumption that the GCASH Subscriber has received the same. GXI and/or Globe shall be held free and harmless from any and all liability should the Account/Transaction History statement be read by any person other than the GCASH Subscriber. Neither may GCASH Subscriber thereafter raise the defense that he/she failed to receive the Account/Transaction History statement. In all instances, GCASH Subscriber may inquire about the Account/ Transaction History statement by contacting the GCASH Hotline or by visiting any of the Globe Stores. GXI may charge a fixed amount for Account/Transaction History Statement fee per request. 28. 27. 26. Failure, omission, or delay on the part of GXI and/or Globe to exercise its rights or remedies under these Terms and Conditions shall not operate as a waiver of rights. 25. 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. VENUE OF SUITS AND LITIGATION EXPENSES In the event of suit arising from or connected with this Agreement, the appropriate court in Mandaluyong City, shall have jurisdiction over the case to the exclusion of all other courts. In case of suit, the Customer shall, in addition to the amount due and collectible, pay twenty-five percent (25%) of such amount for attorneys fees and costs of suit. AMENDMENTS The Company reserves the right to amend these terms and conditions at any time with or without prior notice including a change in the rate schedule for the service. In the event of litigation arising from or in connection with this contract, the Customer hereby agrees that the venue thereof shall be the proper courts of Mandaluyong City to the exclusion of all other courts. AGREEMENT The GCASH Subscriber agrees to be bound by the Terms and Conditions governing the use of the GCASH Wallet/service upon registering or using GCASH. Should the GCASH Subscriber disagree with the Terms and Conditions, the GCASH Subscriber shall call or provide a written notice of cancellation to GCASH Hotline or nearest Globe Store, otherwise, the GCASH Subscriber shall continue to be liable for all charges incurred through the use of the GCASH Wallet/service. NON-WAIVER OF RIGHTS 23. In the event of any action that the GCASH Subscriber may file against GXI and/or Globe, the GCASH Subscriber agrees that GXI and Globes total liability shall not exceed P1,000.00 or the amount of the damages actually suffered by the GCASH Subscriber, whichever is lower. 22. FRAUDULENT TRANSACTIONS Blocked GCASH Wallet GXI and/or Globe shall have the right to automatically suspend or bar the GCASH Wallet in the event that GXI and/or Globe has reason to believe that the GCASH Subscribers GCASH Wallet may be used for fraudulent or suspicious transactions or by an unauthorized person. GXI and/or Globe may but shall not have the obligation to inform the GCASH Subscriber prior to suspending or barring the GCASH Wallet pursuant to this Section. The GCASH Subscriber acknowledges the authority of GXI and/or Globe to suspend or bar the GCASH Wallet and accordingly, the GCASH Subscriber shall hold GXI and/or Globe free and harmless against any and all consequences of such suspension or barring, or any loss or damage which the GCASH Subscriber may suffer as a result thereof. Discretion Without giving any reason or notice, and without prejudice to the other provision hereof, GXI and/or Globe has the absolute discretion (a) to refuse to approve any GCASH transaction even if there is sufficient available balance; (b) to suspend, terminate or cancel the GCASH Subscribers right to use the GCASH Wallet and/or service; (c) to increase or decrease the transaction and balance limits; and/ or (d) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with the GCASH Wallet and/ or service, whether specifically relating to the GCASH Subscriber or generally to all or specific GCASH Subscribers. DISCLOSURE GXI and Globe shall keep all GCASH Subscribers files and records in strictest confidence. GXI and/or Globe may, however, obtain, exchange or disclose information to its associates, affiliates, officers, employees, agents, lawyers, or any such persons or entities as GXI and/or Globe deems necessary, or as required by law, rule or regulation. GXI and Globe shall not be liable for any loss, cost, compensation, damage or liability to the GCASH Subscriber or third party arising from, directly or indirectly, or as a result of any or all of the following: 21.1. Refusal of GXI, Globe Stores, GCASH Accredited Partners or Merchants or any establishment to allow, accepts or honors GCASH. 21.2. GCASH is honored by Globe Stores, GCASH Accredited Partners or Merchants; however payment transaction is not authorized, for any reason whatsoever. 21.3. GCASH Subscriber is unable to perform or complete any transaction thru the use of Globe or TM enabled mobile phone due to service/system/line unavailability. 21.4. Any delay, interruption or termination of the GCASH transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond GXI and Globes control (including but not limited to acts of God, fire, flood, lightning, weather conditions, labor disputes, disturbance, action of government, interference or damage by third parties or any change in legislation). 21.5. Unauthorized use of GCASH Wallet or any loss, costs, damages or payable to any third party by the GCASH Subscriber. 21.6. Any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees or GCASH agents. LIMITATION OF LIABILITY 20. 19. The GCASH Subscriber shall immediately notify GCASH Hotline via telephone or a written notice of any changes in his/her residence, office or mailing address and/or telephone numbers. CHANGE OF NAME The GCASH Subscriber shall immediately notify GXI by sending a written notice of any change in name of the GCASH Subscriber. He/she shall likewise attach the necessary documents, such as but not limited to marriage certificate, as proof or evidence of such change. EXCLUSION FROM LIABILITY GXI and Globe makes no warranty, express or implied, regarding GCASH Service. The GCASH Service is offered on an AS IS, AS AVAILABLE basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this Agreement. Without limiting the generality of the foregoing, GXI and Globe makes no warranty (1) as to the content, quality or accuracy of data or information provided by GXI and/or Globe hereunder or received or transmitted using the GCASH Services; (2) as to any service or product obtained using the GCASH Services; (3) that the GCASH Services will be uninterrupted or error-free; or (4) that any particular result or information will be obtained. DISPUTES AND ERRONEOUS TRANSACTIONS The details in the SMS/Text confirmation message after every transaction and/or the entries in the Account/Transaction History statement are presumed true and correct unless GCASH Subscriber notifies GXI in writing of any disputes 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 Account/Transaction History statement are considered conclusively true and correct. Disputed transactions shall only be credited back to GCASH Subscribers GCASH Wallet once the claim/dispute has been properly processed, investigated, and proven to be in favor of the GCASH Subscriber. On the other hand, there shall be no reversals for transactions made through key-word based commands and erroneous transactions made by the GCASH Subscriber. 15. PHONE AND GCASH WALLET SECURITY The GCASH Subscriber shall be responsible for the security of the GCASH Wallet, the Globe or TM enabled phones Subscriber Identity Module (SIM) and his/her Mobile Personal Identification Number (MPIN). All transactions made using the GCASH Wallet are conclusively presumed made by the GCASH Subscriber and the GCASH Subscriber shall be liable therefor. 16. LOSS OF GCASH REGISTERED SIM The security and proper care of the GCASH registered SIM, as well as the confidentiality of his/her MPIN shall be the GCASH Subscribers sole responsibility. In case of loss of GCASH registered SIM, the GCASH Subscriber shall immediately inform GXI through the GCASH Hotline of such loss within twenty-four (24) hours, via telephone or thru a written report. Suspension/barring of the GCASH Wallet shall be processed only upon proper verification of the caller or written report/affidavit, as the case may be. All transactions made prior to the report of loss shall continue to be the liability of the GCASH Subscriber. 17. TERMINATION/CANCELLATION OF THE GCASH WALLET/SERVICE Should the GCASH Subscriber fail to comply with the Terms & Conditions provided herein, the right to use the GCASH Wallet and its services shall be terminated. CHANGE OF TELEPHONE NUMBERS/ADDRESS