TERMS AND CONDITIONS FOR THE EASYTRIP ACCOUNT AND USE OF EASYTRIP RFID TAGS ‘Subscription Form’ - means

‘Subscription Form’ - means the application form available at the ESC’s Points of
Sale, selected Customer Service Center, selected reloading channels, ESC website or by
1. Definition of Terms: fax or any electronic or digital form which must be completely filled-up by the Subscriber.

In this Agreement, words and expressions shall have the following meanings:
2. Provisions and Use of RFID Tag:
‘Account’ - means the Subscriber’s account with Easytrip Services Corporation or ESC;
‘Account Number’ – means the identification number attributed to each Account; 2.1 ESC shall provide the Subscriber with the RFID tag with the following specifications:
‘Agreement’ - means the agreement between ESC and the Subscriber for the
management of his/her Account including the ESC Subscription Form, its terms and 2.1.1 The balance of the Account is stored and managed in the ESC System.
conditions, together with any applicable installation guide, and FAQs, which may be 2.1.2 Account can be reloaded using the different reloading facilities listed at
updated and uploaded at www.easytrip.ph from time to time. www.easytrip.ph.
‘Auto Debit Arrangement (ADA)’ - means a reloading option which allows a Subscriber’s 2.1.3 The Subscriber does not need to present his/her tag when reloading.
Account to be replenished automatically via the Subscriber’s credit/debit card account once However, the Subscriber will be asked to give his/her Account Number or
a minimum threshold is reached or on a schedule pre-approved by the Subscriber. his/her Card whenever he/she reloads.
‘Blacklist’ - means an account status based on Blacklisting events, which refuses or 2.1.4 The Subscriber agrees and allows that fees charged by ESC, its affiliates,
disallows an Account to do any transaction. partners, providers, etc. exclusively for toll, including Service Fees,
‘Blacklisting Event’ - means an event leading to a Black Listing Account classification. Convenience Fees, Reloading Fees, solely for purposes of toll payment and
‘Card’ - means the card issued by ESC together with or separate from the Tag and collection shall be automatically deducted from the Subscriber’s Account as
attached to the Subscriber’s Account. it may deem applicable by ESC.
‘Class 1 Vehicles’ - means vehicles with a maximum height of 7 ft. (2.13m), with only 2
axles and engine displacement of at least 400cc. 2.2 The Subscriber shall:
‘Class 2 Vehicles’ - means vehicles with a maximum height of 7 ft. (2.13m) and with more
than 2 axles or with height more than 7 ft. (2.13m) but with only 2 axles.. 2.2.1 Allow the vehicle to undergo both fitment and frequency tests when an RFID
‘Class 3 Vehicles’ - means vehicles with a height of more than 7 ft. (2.13m) and with more tag is to be installed.
than 2 axles. 2.2.2 Mount, install and use the tag properly according to the prescribed
‘Customer Service Center’ - located along chosen specific areas of the expressway/s instructions received from ESC at all times.
where motorists can also avail a tag, reload their account, and caters to motorists’ queries 2.2.3 Allow only authorized POS personnel to enroll his/her account and install the
and concerns regarding their travels at the expressway/s. product to the registered vehicle.
‘Electronic Toll Collection (ETC) Lane’ - means the lanes along the expressways where 2.2.4 Only use one (1) RFID tag in a vehicle when using ETC lanes to avoid
the electronic toll collection system will read an RFID tag, instrument or device on a vehicle, inconvenience, issues or mischarges to his/her account/tag. Otherwise,
determine point of entry and/or exit, and/or automatically and electronically collect the toll;. Subscriber takes full responsibility including any cost incurred
‘Dormant Account’ - an account which does not have at least one (1) transaction for one and relinquishes ESC and its affiliates and frees them from any damage or
(1) year. delay that may be caused by this instance. Corresponding fees and/or
‘Easytrip website’ - is the company’s online platform that can be currently accessed penalties for violation of traffic laws, rules and regulations as well as violation
through www.easytrip.ph. of agreement with ESC may apply.
‘ESC’ - means Easytrip Services Corporation. 2.2.5 Authorize ESC to deduct from the Subscriber’s Load or balance any
‘ESC POS’ - means the Point of Sale of ESC. applicable toll fees arising from the use of the Tag, management of Account
‘ESC System’ - means the clearing house and the account management systems and its and for the reloading facilities and services availed or used by the Subscriber.
accompanying equipment managed by ESC, which enables the sharing of information and 2.2.6 Ensure that the account has sufficient balance and reload only at official
inter- operability. authorized reloading facilities. Failure to maintain sufficient balance may
‘ETC System’ - refers to a digital and/or wireless system used to detect point of entry impede Subscriber’s access in the expressways. ESC management and/or
and/or exit of a vehicle, and/or electronically collect toll fees charged to vehicles using the its affiliates will not be held liable for any damage or delay caused by the
expressways, in lieu of cash; Subscriber’s failure to maintain sufficient balance in his or her account.
‘Load’ - means the available balance in the Account. 2.2.7 Use the tag exclusively for the vehicle(s) subscribed in the Account and
‘Reload’ - means the transfer of money to the Subscriber’s Account. assigned.
‘Replenishment Threshold’ - means the minimum account balance of the Subscriber’s 2.2.8 Notify ESC of any change in ownership subscribed in the Account.
Account enrolled with Auto Debit Arrangement (ADA) which triggers the reload. 2.2.9 Keep the tag in good working condition and exercise all possible care to
‘Rejected Payment’ - means any payment/reload which was not accepted for any reason ensure the tag is not lost or damaged.
and not received or settled to ESC’s Account. 2.2.10 Not sell, dispose of, damage, tamper with the tag or use them fraudulently or
‘RFID Tag– means Radio Frequency Identification tag. illegally, else, corresponding fees and/or penalties may apply.
‘RFID Tag Serial No.’ - means the identification number attributed to each tag. 2.2.11 Provide to ESC all information in the Subscriber’s possession regarding any
‘Services’ - means the services to be provided by ESC under this Agreement. loss, theft or misuse of the tags and take all necessary steps that they deem
‘Service Fee’- means the amount charged (plus VAT) to the Subscriber’s account for its necessary to assist in the recovery of the tag.
maintenance, penalties and other fees relevant to the management of the Subscriber’s 2.2.12 Relinquishes ESC and its affiliates and frees them from any cost, damages,
account and additional services, facilities, features or benefits availed by the Subscriber. inconvenience or delays that may be caused by events or instances outside
‘Statement of Account (SOA)’ - means the summary of previous activities (reloads, the scope or control of ESC including but not limited to force majeure, third
transactions, fees) of the Subscriber’s account. party system or process issues etc.
‘Subscriber’ - means the customer, individual or legal entity, who subscribed and signed
a contract with ESC. 3. Notification of Damaged/Lost/Stolen/Misused RFID tags:
‘Subscription Date’ - means the exact and complete date when the customer subscribed
to ESC. 3.1 In case the RFID tag or Card is lost, stolen, faulty, damaged or otherwise, in any way
attributable to its misuse, the Subscriber must immediately notify and request for
 deactivation to ESC through formal correspondence via fax at 8555-7575 or send an email
at [email protected] with the following information: Contact information (Complete
Name, Address, Telephone Number, Mobile Number, and Email), Account Number, RFID
Tag Serial Number, Date and circumstances of issue (Damaged/Lost/Stolen/Misused RFID 8. Effectivity and Termination:
tag). The Subscriber should submit an affidavit of loss or police report to document such
loss. 8.1 These Terms and Conditions shall take effect upon customer’s subscription. ESC reserves
the right to suspend, terminate, and/or cancel its services to the Subscriber for whatever
3.2 Until ESC receives such notice and processed the blacklisting, the Subscriber will remain reason it deems fit, and/or cause the recoupment of the RFID tag.
responsible and liable for any authorized/unauthorized transaction or use of the RFID tag 8.2 The right to use the RFID tag may be terminated and its recoupment thereafter may be
or Card. permitted in following instances:

3.3 If the RFID tag or Card is retrieved, it must be returned immediately to ESC head office. 8.2.1 When (i) having provided ESC the information, the Subscriber has cancelled
or, otherwise altered or changed it for whatever reason without notifying ESC;
3.4 Following the notification of ESC in accordance with Clause 3.1 and 3.2 above, ESC shall or (ii) having confirmed that he or she would make payments through auto-
include the RFID tag in the Blacklist. charge methods, ESC’s request for funds is not accepted, the Subscriber’s
cheque is returned unpaid or the Subscriber notifies or it becomes apparent
3.5 In case the stolen RFID tag or Card is retrieved after being terminated, the Subscriber may to ESC that he or she does not intend to continue making payments by any
request ESC to reactivate the unit subject to the payment of a Service Fee at the prevailing of the other methods.
amount set by ESC at the time of request for reactivation. 8.2.2 Either party may terminate this agreement with prior notice of at least thirty
(30) days and upon full payment by the Subscriber of any outstanding fees to
4. Required Documents and Information for Subscription: ESC.
8.2.3 When the Subscriber has, in the opinion of ESC, misused or failed to use the
4.1 Duly filled-up and signed forms including but not limited to electronic and/or digital forms RFID tags allocated or made fraudulent or any other unauthorized or illegal
(Subscription Form and Terms and Conditions). use of the tag/Account or other use not in accordance with this Agreement.
4.2 ESC, in its own discretion, reserves the right to refuse any application for an ESC Account. 8.2.4 When the Subscriber is in breach of any of the terms of the Agreement and
4.3 Notice is hereby given for the request of personal information for the purpose of such breach is incapable of remedy after seven (7) days with due notice given
administering the ESC Services, subject to Clause 13 hereof. The Subscriber agrees to by ESC to the Subscriber.
report any change in his name, mailing address, telephone number, and if applicable, credit 8.2.5 Upon termination:
card number and expiration date as soon as possible. Failure to provide this information 8.2.5.1 The Subscriber should immediately return the tag within
may result in delays in the processing of Account application or in providing updated 15 days;
Account information including automatic replenishment of load. Any inquiry or request to 8.2.5.2 Within sixty (60) days of termination, ESC shall fully account the
obtain information in accordance with the above provision should be directed in writing to Subscriber’s transactions and determine the right and/or liability
ESC. of either party.
8.2.6 Any termination of the Agreement pursuant to this Clause shall be without
5. Collection of Tolls and Charges: prejudice to any other rights or remedies for the parties.
8.2.7 Subscriber has no right to sublet, assign, and transfer, create or agree to
5.1 Subscription create or permit to any pledge, lien or charge over or grant any option or other
rights, or dispose of, or encumber the tag. Further, ESC shall have the right
5.1.1 Each subscription shall be subject to the payment of the initial load amount to recoup or repossess the same in relation to the provision stated in
to be pre- loaded at the beginning of each subscription period. paragraph 8.2.
5.1.2 The fees charged by Tolls/Merchants/Partners or other additional services,
service fees and reloading option fees are automatically deducted from the 9. Warranty:
Account or as ESC deems applicable.
5.1.3 A fee (as indicated in the ESC website) corresponding to maintenance cost 9.1 The warranty for RFID tags is one (1) year from the date of Subscription and may be
shall be charged against a Dormant Account and such charges shall continue replaced provided that there is no physical damage or tampering on the tag. The RFID tag
on a regular basis until such account reaches zero or insufficient balance in shall be subject to physical and system check by ESC personnel.
which case it will be deactivated and subject to a reactivation fee. 9.2 In cases where the RFID tag or Card is beyond warranty and the Subscriber wishes to
5.1.4 A monthly SOA indicating all the transactions/activities charged to the terminate his/her account, the existing account load balance may be refunded within seven
Subscriber’s account are accessible at www.easytrip.ph through a secured (7) days upon Subscriber’s submission of termination letter addressed to ESC, through its
access (login user ID and password) created at each subscription and should Customer Service and is subject for ESC’s approval.
be safeguarded by the Subscriber. Any complaint or contest of 9.3 ESC shall replace the faulty or defective RFID tag ONLY after due evaluation thereof by
charges/transactions/items/activities/etc. will only be entertained for ESC.
investigation within one (1) month from the date of the 9.4 THE WARRANTY PROVIDED IN THE FOREGOING PROVISIONS OF THE CLAUSE
charge/transaction/item/activities/etc. in question, otherwise will be AND THE OBLIGATIONS AND LIABILITIES OF ESC AND ESC’S SUBCONTRACTOR
considered valid and accepted by the Subscriber. Subscriber also HEREUNDER ARE EXCLUSIVE AND IN LIEU OF ANY OTHER RIGHTS, AND
relinquishes ESC and its affiliates and frees them from indemnification or any SUBSCRIBER HEREBY WAIVES ALL OTHER RIGHTS, REMEDIES, WARRANTIES,
damages or delays that may be caused by issues/instances not controlled by GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT
ESC that may cause delay/early/double/wrong posting or irregular updating LIMITED TO ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF
of activities in the SOA. PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE AND WITHOUT
LIMITATION, IN LIEU OF ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
6. Replenishment and Reloading Facilities: APARTICULAR PURPOSE) AND IN NO EVENT SHALL ESC OR ESC
SUBCONTRACTOR’S LIABILITY EXCEED THE COST OR REPLACING PART OF THE
6.1 Reloading Facilities: TAG AS REQUIRED ABOVE.

6.1.1 Authorized Reloading Facilities and Partners as well as Reload crediting time 10. Compliance:
are indicated in www.easytrip.ph. Corresponding Service Fees are deducted The Subscriber shall strictly comply with any tag installation guides and any other
automatically from the Subscriber’s ESC Account depending on the facilities instructions for use of the tag issued by ESC from time to time with all applicable laws
availed. The deduction is authorized as provided under Clause 2.2.5. including, without prejudice to the generality of the foregoing, any by-laws regulations
created there under.
6.1.2 In cases when there are issues with the toll system or reloading
partner/third party system or outside ESC’s scope, the Subscriber shall not 11. Communications:
indemnify ESC for any delay or issues, damage, etc. arising from such
events. 11.1 In case of ESC communication to the Subscriber, ESC may use whichever means readily
available such as via SMS/e-mail/or registered mail (per last record available to ESC).
7. Suspension, Recoupment and Blacklisting: 11.2 In case of communication from Subscriber to ESC, the Subscriber may reach the company
through:
7.1 The following are considered Blacklisting events:
11.2.1 Office Address: 7th Floor, Iriz One Corporate Center, 35 Meralco Avenue,
7.1.1 Denied or Rejected Payment at the opening of an Account or within the corner Segundo Street, Ortigas Business District, San Antonio, Pasig City
contract period; 1605
7.1.2 Stolen, lost or damaged RFID tag(s) pursuant to Clause 3; 11.2.2 ESC Call Center : (02) 8555-75-75
7.1.3 Misuse of an ESC Account or RFID Tag/Card and fraudulent acts; 11.2.3 Fax Number : (02) 8555-75-75 press 1 or 635-77-52
7.1.4 Using more than one (1) ESC issued Tag on the same vehicle or transfer of 11.2.4 For NLEX/SCTEX concerns: email at [email protected]
tags/cards and using them on multiple vehicles; 11.2.5 For CAVITEX/CALAX/C5 Link concerns: email
7.1.5 Using ETC lanes but not qualified to do so such as insufficient balance, using at [email protected]
fraudulent, tampered, defective, invalid, or improper placed tags; 11.2.6 For data privacy concerns, Subscribers may reach ESC at
7.1.6 Failure to submit proper documents required by ESC; [email protected]
7.1.7 Dormant accounts without sufficient load or negative balances;
7.1.8 Not following or abiding traffic rules and laws while using the 12. Changes to Terms and Conditions:
Tag/Card/Account; or
7.1.9 Closed account. ESC reserves the right to change, modify, delete or add any item in the Terms and
Conditions from time to time. Any such revision will be notified by ESC by publishing a
7.2 On the occurrence of any Blacklisting Event, ESC and its agents have the authority to notice of such changes at www.easytrip.ph. The Subscriber agrees to be bound by any
deactivate and/or blacklist any identified RFID tag. The Subscriber may be notified of the revision of the Terms and Conditions.
occurrence of a Blacklisting Event by ESC through any reasonable means of
communication at the sole discretion of ESC. 13. Data Protection:

7.3 The Subscriber is not entitled to use the Blacklisted Tag until the Blacklisting Event is 13.1 As a general rule, we do not share your personal data except with your consent. We may
remedied within the period of fifteen (15) days from notice, otherwise it shall be deemed a transfer your personal data to our subsidiaries, affiliates, and/or third parties as required by
waiver of the right to use the tag after which, it shall be closed and terminated pursuant to law or legal instrument, to protect our rights or assets, and to facilitate acquisition or
Clause 7. disposition of our businesses.
13.2 The Subscriber hereby voluntarily and willfully discloses and submits the information
7.4 The Subscriber agrees to pay for the following charges and/or penalties and authorizes contained in the Subscription Form and the other documents submitted in support of the
ESC to deduct the same from the balance of the Account: Subscriber’s application.
13.3 The personal data and information disclosed and submitted by the Subscriber shall be
7.4.1 Any penalties or charges imposed by ESC; processed by ESC, its subsidiaries and/or affiliates, for the purpose of facilitating the
7.4.2 Balance charges or transactions due payment; and, processing, account maintenance, collecting of tolls and other fees directly related to
7.4.3 Other charges such as those related to the recoupment of the RFID tag. monitoring of the Subscriber’s account in compliance with the company policies, marketing,
and for customer services to respond to queries and complaints from the Subscriber
regarding his/her Account.
13.4 ESC, its subsidiaries or affiliates, shall retain the data and information of the Subscriber to
perform its obligations under this Agreement and/or as may be otherwise required by
applicable law or regulations, subject to the provisions of Republic Act 10173 or the Data
Privacy Act of 2012 and its Implementing Rules and Regulations.
13.5 The Subscriber retains exclusive rights to all data, content and information processed
pursuant to this Agreement.
13.6 All information hereto provided shall be classified under confidential information and shall
not be used for any unlawful purpose. To safeguard data and information from
unauthorized access, collection, use, disclosure, copying, modification, disposal or similar
risks, ESC has introduced appropriate administrative, physical and technical measures
such as up-to-date anti-virus protection, encryption, and the use of privacy filters to secure
all storage and transmission of data and information, and disclosing data and
information both internally and among ESC’s affiliates, or to authorized third party service
providers, agents and/or related business units only on a need-to-know basis.
13.7 The Subscriber shall access, read, and understand ESC’s policies relating to data
protection at www.easytrip.ph.

14. Liability:

14.1 The following provisions set out ESC’s liability to the Subscriber in respect to:

14.1.1 Any breach of its contractual obligations arising under this Agreement; and
14.1.2 Any representation, statement or tortuous act or omission including gross
negligence arising under or in connection with the Agreement.
14.1.3 Under no circumstances will ESC accept to be directly or indirectly liable for
any loss, costs, compensation, damage or liability to the Subscriber or any
third party in connection with the supply or use of the tag (and/or associated
Service), including liability of any kind arising from tag’s misuse, theft, from
any dispute with the banks or other service providers for reloading with
respect to matters relating to his Account or from all claims and liabilities
arising from any suspension/termination/ cancellation by ESC of the tag
and/or Account or from many delay interruption of the Services caused by
administrative error, technical mechanical, electrical, electronic fault of any
other reason or circumstance beyond ESC’s control including but not limited
to incorrect usage and placement of the tags on the windshield of the
assigned car, theft/unauthorized usage of the ESC tags, tampering of the
ESC tags, government action, force-majeure, interference or damages by any
third party or any change in legislation. ESC reserves the right to
suspend/cancel its Services for whatever reason it deems fit, free from all
claims by the Subscriber arising from such suspension, cancellation or
termination.
14.1.4 ESC shall not be liable to the Subscriber for any loss of profits, goodwill or
any type of special, indirect or consequential loss or damage howsoever
caused (including loss or damage suffered by the Subscriber as a result of an
action brought by a third party) even if such loss was reasonably foreseeable
or in the contemplation of ESC or if ESC has been advised of the possibility
of the Subscriber incurring the same.
14.1.5 ESC shall have no liability to the Subscriber in respect of any event or default
solely attributable to ESC unless the Subscriber shall have served notice of
the same upon ESC immediately when becoming aware of the circumstances
giving rise to a breach of this Agreement or the date when it reasonably ought
to have become so aware.
14.1.6 Except as expressly stated herein, all conditions, warranties, representation
and/or undertakings, express or implied, statutory or otherwise are excluded.

15. Miscellaneous

15.1 Terms and Conditions: By subscribing to this form, customer acknowledges that the terms
and conditions herein provided shall supersede and terminate any previous subscriptions
and/or agreements signed between Subscriber and ESC i.e. old DSRC subscription, etc.
and shall waive any other claims and/or liabilities against ESC arising from such
agreements. The terms and conditions set out herein together with the tag installation
guide, FAQ and the Subscription Form which may be published by ESC from time to time
are deemed instituted and forming part of the terms and conditions of this Agreement. The
Subscriber acknowledges that he/she has not relied upon any representation save for any
provisions in these documents.
15.2 Severability: If any of the provisions of this Agreement is found to be inconsistent, illegal,
void and/ or unenforceable, such provision shall be deemed to be ineffective from the
Agreement and the remaining provisions of this Agreement shall continue in full force and
effect. ESC and the Subscriber shall so far as practicable, execute such additional
documents in order to give effect to any provision hereof which is determined to be invalid,
illegal or unenforceable.
15.3 Assignment: Only ESC and not the Subscriber shall be entitled to assign, transfer, charge
or otherwise deal with the RFID tag or the rights, benefits and burdens hereunder.
15.4 Waiver: There shall be no waiver of any of the terms or conditions of this Agreement unless
such waiver is in writing and signed by the waiving party. No omission or delay on the part
of other party in exercising any right, power or privilege hereunder shall operate as a waiver,
nor shall any single or partial exercise of any such right power or privilege preclude any
other or further exercise thereof of any other right, power or privilege.
15.5 Governing Law and Jurisdiction: These Terms and Conditions shall be governed and
construed in accordance with the laws of the Philippines and the Subscriber irrevocably
submits to the non-exclusive jurisdiction of the courts of the Philippines.
15.6 Remedies: The rights and remedies herein are cumulative with and not exclusive of any
rights or remedies provided for by law.

16. Force Majeure

If the use of the tag/service or any facility is prevented or hindered by any matter beyond
the control of ESC including but not limited to acts of God, acts of government, strikes,
lockouts, industrial disputes, winds, fire, lightning, aircraft, explosion, floods, draught, riots,
civil commotions, acts of war, malicious mischief or theft then the performance of the
Agreement shall be suspended without any liability on the part of ESC until such prevention
or hindrance comes to an end.