1. Introduction

Kindly read the NetglobalPay TERMS AND CONDITIONS and ACCEPTABLE USE POLICY, collectively referred here as “T&C,” before you complete your account registration with NetglobalPay.

1.1 The T&C shall govern your access and use of all the services offered by NetglobalPay, including, but not limited to, the NetglobalPay website, NetglobalPay App, and all the features and functions associated with it, which are collectively referred here as “NetglobalPay Service.” By accessing, registering, or using the NetglobalPay Service, you accept and agree to be legally bound by this T&C.

1.2 The T&C shall be effective and binding until your membership is terminated by either you, or NetglobalPay, except for those provisions that shall survive or remain effective after termination as provided in the T&C and applicable laws and regulations. If you do not understand or do not wish to be bound by the T&C, you should not access or use any portion of the NetglobalPay Service.

1.3 NetglobalPay reserves the right to modify the T&C at any time without prior notice. Any change to the T&C will take effect immediately upon publishing and/or on the assigned effective date. Using the NetglobalPay Service after changes have been made in the T&C confirms your agreement to such changes.

3. NetglobalPay Wallet Registration

3.1 When you become a NetglobalPay Member and accept the NetglobalPay T&C, this means that you have agreed to associate your mobile number with your NetglobalPay Account. It also means that you agree to maintain the registered NetglobalPay mobile number for the duration of the effectiveness of your NetglobalPay membership. Any change in the registered number shall be covered by a written request subject to the verification and approval of NetglobalPay. Any and all transactions performed or concluded using your registered mobile number prior to the approval of such request shall still be considered under your NetglobalPay Account.

3.2 You agree to provide information in order for us to verify your identity when you register for a NetglobalPay Account or Wallet in accordance with the KYC requirements of BSP. These requirements pertain to information such as, but not limited to, your complete name, date and place of birth, present and/or permanent address, contact number, citizenship or nationality, source of funds, video/photo of yourself, signature and/or biometric, and official documents proving your identity such as a government-issued ID, passport, Alien Certificate of Registration, and other similar means of verifying your identification that are recognized and allowed by law.

4. NetglobalPay Services

4.1 Cash In and Cash Out

4.1.1 Members can Cash In and Cash Out through accredited Partners and Merchants of NetglobalPay and partner bank/s, which are listed in the NetglobalPay App and in the NetglobalPay website.

4.1.2 Cash In and Cash Out transactions are deemed authorized and conclusive once accepted by the Partner or Merchant or partner bank, and NetglobalPay.

4.1.3 You agree to exercise care in entering transaction details and to comply with the instructions and security protocols provided by the NetglobalPay App. NetglobalPay shall not be liable for loss, damage, or refund arising from any error or mistake committed by you in the entry of such details, or for your failure to comply with the NetglobalPay App instructions and security protocols, or for any dispute between you and the Partner or Mechant or partner bank arising from such transaction.

4.1.4 Cash In and Cash Out amounts are subject to minimum and maximum limits and applicable charges that may be imposed by NetglobalPay in accordance with the rules and regulations imposed by the BSP.

4.2 Buy Load

4.2.1 Buy Load allows you to purchase prepaid load, for mobile phone services or gaming credits, from third-party load service providers through the NetglobalPay App.

4.3 Pay QR

4.3.1 Pay QR allows you to pay using your NetglobalPay Wallet balance for on-site and off-site purchases of goods and services simply by scanning the unique QR code displayed in the physical or online stores of our accredited Merchants.

4.4 Pay Bills

4.4.1 Pay Bills allows you to pay for utility and/or other services to a biller through the NetglobalPay App. Accredited billers of NetglobalPay are listed in the NetglobalPay App. NetglobalPay reserves the right to remove or add the billers in the list.

4.5 Fund Transfer

4.5.1 You can transfer funds from your NetglobalPay Wallet to another NetglobalPay Wallet, following the instructions and security protocols required by the NetglobalPay App and subject to minimum and maximum limits plus applicable fees that may be imposed by NetglobalPay.

5. NetglobalPay Wallet Limit and Usage

5.1 A Member may be allowed to maintain more than one NetglobalPay Account registered under his/her/its name, subject to the sole discretion and conditions that may be imposed by NetglobalPay and the applicable laws, rules, and regulations of the BSP on transaction and wallet balance limits and other conditions.

5.2 If a Member is allowed more than one NetglobalPay Account, NetglobalPay Wallet limits shall be applied on a per member basis and shared across all the multiple NetglobalPay Accounts or Wallets.

6. Activation and Deactivation of NetglobalPay Wallet and Features

6.1 Your NetglobalPay Account shall be activated upon your compliance with our registration requirements and our determination and discretion that you are eligible to use the NetglobalPay Service.

6.2 NetglobalPay has the option, at any time, to introduce new and additional features and/or alter, replace, or deactivate existing features in the NetglobalPay Wallet, without obligation on its part to give prior notice.

7. NetglobalPay Loyalty Program

7.1 NetglobalPay shall have the discretion to create, develop, adopt, and pursue a loyalty program upon the download of the NetglobalPay App, as well as the use of the NetglobalPay Service and the NetglobalPay Wallet. Your rights and obligations under the loyalty program shall be covered by the terms and conditions specific to the said program.

8. Fees, Rates and Other Charges

8.1 NetglobalPay shall have the absolute discretion to impose, whenever it deems appropriate, any amount of fees, and charges for the use of the NetglobalPay Wallet, including the use of any of its features, such as, but not limited to, Cash In and Cash Out fees, Pay QR and Pay Bills fees, fund transfer fees, reactivation fees, dormancy fees, processing fees, penalties for violations of this T&C, and such other reasonable fees and charges that may be imposed for the use of the NetglobalPay Service.

8.2 Members shall be notified of any change in the amount of fees and charges at least thirty (30) days before its effectivity. Notice of such change shall be made in the NetglobalPay Website and/or any other official NetglobalPay official communication channel such as, but not limited to, its social media accounts, in-app notifications, and email notifications.

8.3 Fees and other charges, as applicable, shall be inclusive of all applicable Philippine taxes and shall be debited from the Member’s NetglobalPay Wallet or paid up front, as applicable.

8.4 A dormancy fee shall be charged for NetglobalPay Accounts that have not been used for any monetary NetglobalPay transaction for two (2) years from the last date of transaction. A dormancy fee may be charged, which shall be automatically debited from the Member’s NetglobalPay Wallet every 10th day of the month without need of prior consent or approval by the Member. If the NetglobalPay Wallet remains dormant in the third year, it shall be terminated and any wallet balance shall be forfeited in favor of NetglobalPay.

8.5 For reactivation of a terminated account, a reactivation fee may be charged upon submission and verification of updated KYC requirements and such other conditions that may be required by NetglobalPay.

9. Transaction History Statement

9.1 Members can view or download their transaction history from the NetglobalPay App. Access to the transaction history is protected by the password or passcode created by the Member. Members are solely responsible for the safekeeping of such password or passcode, and shall hold NetglobalPay free from any consequence arising from unauthorized use of the password or passcode, or access to the transaction history.

9.2 NetglobalPay, at any time, may introduce new security enhancement measures to protect the confidentiality of the transaction history.

10. Disputes and Erroneous Transactions

10.1 The details in the confirmation message sent either through SMS or in-app notifications and entries in the transaction history are presumed true and correct, unless the Member notifies NetglobalPay in writing to dispute the information contained in the sent SMS or in-app notifications and/or entries in the transaction history, within a period of fifteen (15) days from the date of transaction. The absence of a written dispute sent within the period stated entails that the transactions are conclusively true and correct without any kind of qualification.

11. Fraudulent Transactions

11.1 NetglobalPay shall have the right to automatically suspend or block the use of the NetglobalPay Account if there is any reason to believe that the NetglobalPay Account is being used without the authority of the registered Member, or the NetglobalPay Account or Service shall be used or is being used for fraudulent, suspicious, or illegal transactions, or in breach of the T&C, laws, and regulations.

12. Mobile Phone, NetglobalPay-Registered SIM/Phone Number, and NetglobalPay Wallet Security

12.1 The security, confidentiality, and proper care of the NetglobalPay Account, the NetglobalPay-registered Subscriber Identity Module (SIM)/phone number, and any registered electronic equipment that can be used to access a NetglobalPay Account or the NetglobalPay Service shall be the sole responsibility of the Member. All transactions made using the NetglobalPay Account are conclusively presumed to be made by the Member, and the Member shall be held liable for all such transactions.

13. Limits on Liability

13.1 NetglobalPay makes no warranty, express or implied, regarding any of the NetglobalPay Service. The NetglobalPay Service is offered on an “AS IS”, “AS AVAILABLE” basis and without warranties of any kind, other than warranties that are incapable of exclusion, waiver, or limitation under the laws applicable to the T&C. Without limiting the generality of the foregoing, NetglobalPay makes no warranty as to:

13.1.1 The content, quality, or accuracy of data or information provided by NetglobalPay or received and/or transmitted using the NetglobalPay Service;

14. Data Privacy Notice

14.1 By accessing and/or availing the NetglobalPay Service, you consent and authorize NetglobalPay, its subsidiaries, affiliates and partners, agents and third-party service providers to collect, process, use, and disclose your information, including sensitive and personal information as defined and in accordance with the Data Privacy Act of 2012. Information shall include:

15. Settlement of Disputes and Controversies by Arbitration Only

15.1 Any dispute, controversy, difference, or claim arising out of or in relation to the T&C, including questions as to the interpretation, implementation, existence, validity, breach, or termination thereof, or as to any non-contractual obligation arising out or relating thereto, shall be referred to and finally resolved by arbitration administered by the Philippine International Center for Conflict Resolution (PICCR) in accordance with the PICCR Arbitration Rules in force at the time of the commencement of the arbitration which rules are deemed incorporated by reference in this clause.

15.2 The arbitration shall be conducted by one arbitrator to be appointed in accordance with the PICCR arbitration rules. The seat of arbitration shall be in the Philippines. The language of the arbitration shall be in English. The arbitration agreement shall be governed by the laws of the Philippines.

16. Non-Waiver of Rights

16.1 Failure, omission, or delay on the part of NetglobalPay to exercise its rights or remedies under this T&C shall not operate as a waiver. Any such waiver shall be valid only when reduced in writing.

17. Separability of Clause

17.1 Should any term or condition in this T&C 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.

18. Agreement

18.1 You, as a NetglobalPay member, agree to be bound by the provisions of the T&C, Acceptable Use Policy, and the Privacy Policy governing the issuance and use of the NetglobalPay Service. Should you disagree with the provisions of the T&C, the Acceptable Use Policy and the Privacy Policy, you shall delete and remove the NetglobalPay App and Website from your mobile phone and other related devices, and submit a written notice of cancellation to NetglobalPay Customer Care Group, otherwise, you shall continue to be bound by the T&C, Acceptable Use Policy and Privacy Policy and be liable for all charges incurred for the use of the NetglobalPay Service.

19. Amendments

19.1 NetglobalPay may, at any time and for whatever reason it may deem proper and necessary, amend, revise, or modify the provisions of the T&C, Acceptable Use Policy, and Privacy Policy without prior notice. It is the responsibility of the Member to regularly check any change to the provisions of the T&C, Acceptable Use Policy, and Privacy Policy. The continued use of the NetglobalPay Service by the Member after any such changes constitutes acceptance of the new terms and conditions. Failure of the Member to inform NetglobalPay of his/her/its intention to terminate his/her/its NetglobalPay Wallet or Account shall be construed as acceptance of such amendments.

20. Customer Complaints Handling Process

20.1 Financial consumer protection is paramount to us. If you have concerns or have encountered any problem with our service, or have suggestions on how we can improve our service, you may contact our Customer Care Group via the Help Center in the NetglobalPay App or website, or via email at support@netglobalsolutions.net.

20.2 All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner. In line with our partnership with BSP, you may also contact the following:

BSP’s Financial Consumer Protection Department:

● (632) 8708.7087 or (632) 8708.7088; or

● Email at consumeraffairs@bsp.gov.ph

Acceptable Use Policy

1. The NetglobalPay Service As a NetglobalPay Member, you undertake and agree NOT to:

1.1 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 NetglobalPay. 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;

1.2 Alter, modify, or cause the alteration or modification of the NetglobalPay Service, without prior written consent from NetglobalPay. You further agree not to use the NetglobalPay Service for any commercial use, without prior written authority from NetglobalPay;

2. NetglobalPay User Content

2.1 As a NetglobalPay Member, you agree and undertake:

2.1.1 To be solely responsible and hold NetglobalPay free of liability to you, or to any third party, for any user content that you create, upload, transmit, or display while using the NetglobalPay Service. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the NetglobalPay Service, and hereby stipulate admission of liability to NetglobalPay for whatever loss or damage NetglobalPay may suffer as a consequence of your use or misuse of the NetglobalPay Service;

2.1.2 Not to share, create, upload, transmit, or display, using the NetglobalPay Service, 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 NetglobalPay to use any and/or all user content that you create, upload, transmit, or display using the NetglobalPay Service;

3. Third Party Content & Services

3.1 The NetglobalPay Service 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. Unless specified by us, the availability of such third-party services does not imply any endorsement by us of such third-party services or the content, products, or related services.

4. Reserved Rights We reserve, at our sole discretion but without obligation, the right to:

4.1 Deny access to and/or discontinue the NetglobalPay Service or any component thereof at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm, and warrant to hold NetglobalPay 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 NetglobalPay Service;

4.2 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 NetglobalPay reserves the right, at its sole discretion but without obligation, to administer and operate any and all of the NetglobalPay Service from any or various locations outside the Republic of the Philippines. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the NetglobalPay Service, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable laws and the sole liability for non-compliance or any form of breach.