These T&Cs shall be effective, valid and binding from the time you agreed to it and will exist up to the time that it is terminated by you or us, save for those provisions that will remain effective after termination as stated in these T&Cs, laws or regulations.
GCash reserves the right to modify these T&Cs at any time without any advance notice. Any changes to these T&Cs will be effective immediately upon posting on this page, with an updated effective date. By accessing or using the GCash Service after any changes have been made, you signify your agreement on a prospective basis to the modified T&Cs and all the changes. Be sure to turn to this page periodically to ensure familiarity with most current versions of the T&Cs.
Any version of these T&Cs in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.
Under these T&Cs, the terms “GCash”, “we”, “us”, and “our” refer to G-Xchange, Inc. together with its employees, directors, affiliates, successor and assigns. GCash is duly registered with and licensed by the Bangko Sentral ng Pilipinas (BSP).
1. BASIC TERMS
1.1 By accepting the T&Cs, you represent that you are at least 18 years old to register for a GCash account. If you are younger than 18, parental consent will be required of you.
1.2 If you are a business entity, you also represent that you are duly authorized to do business and your employees, officers, representative and other agents accessing or using the GCash Service are duly authorized to access and use the GCash Service and to legally bind you to these T&Cs and all transactions conducted under your username and password.
2. REGISTRATION FOR GCASH WALLET
2.1 When you accept these T&Cs, you are setting up your GCash Wallet that is associated with your mobile number. Depending on the specific GCash Service that you are availing, you will be asked to provide information such as your complete name, present and/or permanent address, date of birth, nationality, source of funds, photo of yourself and signature in accordance with the requirements of Know-Your-Customer (“KYC”) requirements of the BSP. We may verify your registration information through a third party verification vendor, as we may deem necessary. In some cases, we may ask you to provide additional details or information that can aid in verifying your identity.
2.3 You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. In addition, as certain GCash Services may become available or be offered only on selective basis or promotional basis, supplementary information may be required from your end in order to enable the relevant GCash Services or avail of the GCash Service.
2.4 The registration process may also be done through SMS (via 2882), or USSD (by dialing *143#) if you are a Globe or TM mobile subscriber.
2.5 You have the option to obtain the GCash MasterCard and link it with your GCash Wallet. GCash will store all information relating to your GCash MasterCard, including but not limited to transaction details.
Definitions appearing in these T&Cs shall have the meanings ascribed to them below.
“GCash” shall refer to a form of electronic money which allows customers who registered to GCash Service to easily and conveniently send and receive cash as well as make payments electronically.
“GCash App” shall refer to the GCash Service application running on mobile devices where the GCash customer can avail of the GCash Service or make use of the GCash Wallet.
“GCash Wallet” shall refer to 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 customer’s mobile Subscriber Identity Module (SIM) card and which may or may not be evidenced by a physical GCash MasterCard. Functionalities include, but are not limited to, transfer of funds, payments of goods and services, over-the-air reload of airtime, and balance inquiry.
“Personal QR/P2P QR / Transfer QR” shall refer to a specific QR code associated with the GCash account that allows Send Money transactions
“Peer-to-Peer / Person-toPerson (P2P) Express Send” shall refer to the existing send money service which allows a GCash Sender to send money to a GCash Receiver
“GCash MasterCard” shall refer to prepaid card issued under license with MasterCard linked to a GCash Wallet which can be used for Point-Of-Sale (“POS”) purchases and ATM cash withdrawals. The card is also accepted in all MasterCard accredited merchants worldwide.
“GCash Customer” shall refer to a person who registers for GCash Service.
“GCash Accredited Merchant” shall refer to establishment that accepts either GCash or GCash MasterCard or both as payment for purchase of goods and services.
“Biller” shall refer to utility company and the like, accredited by GCash to accept bills payment using GCash.
“GCash Partner Outlet” or “GPO” shall refer to establishment that accepts Cash-in and Cash-out GCash transactions.
“Cash-In” shall refer to the process of loading cash to GCash wallet.
“Cash-Out” shall refer to the process of withdrawal of cash from GCash wallet.
“Know Your Customer” or “KYC” shall refer to the process of establishing the identity of the GCash customer as required by the BSP, also known as Customer Verification.
“Mobile Personal Identification Number” or “MPIN” shall refer to the four (4)-digit security personal identification number of, and nominated by, the GCash Customer that is used for all GCash transactions. It is also used for both POS and ATM transactions.
“Short Message Service” or “SMS” shall mean a communications protocol allowing the interchange of short text messages between mobile telephone devices.
“Unstructured Supplementary Service Data” or “USSD” shall mean the protocol used by telecommunications companies to communicate with the service provider’s computers.
4. GCASH WALLET
The GCash Wallet is a reloadable e-money instrument. It is not a deposit account, and 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), as amended and the Data Privacy Act of 2012 and its Implementing Rules and Regulations. The value loaded in your GCash Wallet may be used to transfer or send money between GCash wallets via Peer-to-Peer / Person-to-Person
(P2P) Express Send or Personal QR/P2P QR / Transfer QR, and purchase goods and services via (a) quick-response or “QR” code scan payment method through the GCash App, or (b) POS/offline or online payment system through the use of the GCash MasterCard.
5. CASH-IN AND CASH-OUT
You may Cash-In Philippine Peso value into your GCash Wallet either through (a) Mobile Banking Service or “MBS” which means that you transfer Philippine Peso amount from your qualified bank account into your GCash Wallet via the defined functions on the GCash App, or (b) GPO where you may personally hand over Philippine Peso cash (bills/coins) for the amount to be Cashed-In to your GCash Wallet, or (c) Phone-to-Phone/ Person-to-Person or “P2P” transfer which means you can transfer Philippine Peso amount from your GCash Wallet to another GCash Wallet.
You may Cash-Out your GCash to Philippine Peso by (a) using your GCash MasterCard through participating ATMs (Automated Teller Machines) or (b) through any GPO, based on minimum and maximum cash-out amounts as may be imposed by GCash. The Cash-Out of withdrawal through the GCash MasterCard at any ATM terminals nationwide may be subject to applicable bank charges, if any.
6. GCASH PADALA / DOMESTIC REMITTANCE
You may send money to a Recipient (whether a GCash number, or a non-GCash number) using the ‘GCash Padala’ service on the app, which serves as a domestic remittance transaction.
In using the GCash Padala service, you (also referred to as the “Sender”) acknowledge that:
(1) the information you have entered in the app with regard to the Recipient’s details are true and correct (mobile number, name of Recipient, amount), and that GCash will not liable for any user errors made in providing the details;
(2) As soon as the GCash Padala is processed and confirmed, the amount indicated will be deducted from your GCash Wallet, and such amount will only be credited back to your GCash Wallet (without further action from your part) if the Recipient fails to claim it from a GCash Padala Outlet within fifteen (15) days from the time the GCash Padala is processed;
(3) the participating GCash Padala Outlets (as listed in https://www.gcash.com/partners/padala/) will only require the Recipient to present the reference number received via SMS, and the Recipient’s valid ID. The Recipient must claim the GCash Padala in person– authorization letters and proxies will not be allowed;
(4) You will be responsible in safeguarding the reference number provided by GCash to you and/or to your Recipient;
(5) You may be charged with applicable fees. GCash may modify the fees charged upon prior notice through https://www.gcash.com/partners/padala
(6) You will only use the GCash Padala service for lawful purposes; GCash or any of its GCash Padala Outlets may withhold, suspend or refuse to process a transaction if GCash and/or the GCash Padala Outlets reasonably believe that the GCash Padala service is used for illegal or fraudulent purposes, subject to the provisions of Section 20 below;
(7) If the GCash Padala service is used for purposes of payment of goods and/or service, GCash and/or the GCash Padala Outlets do not guarantee the receipt, quality and adequacy of the goods and/or service procured;
(8) The GCash Padala service is subject to the Transaction and Wallet limits specified herein;
(9) Disputes The sender of the Remittance can get in contact with the GCash Help Center if they want to cancel the transaction.
7. REMOTE / OFF-SITE PURCHASES
For online/internet purchases, diligence is expected of the GCash customer to only transact with reputable web-based merchants. GCash shall not be held liable and accountable for any unauthorized transaction.
Once the transaction has been authorized, you bind yourself with the merchant’s terms of sale such as but not limited to on how you will receive the goods and/or services that you purchased. GCash is not liable and accountable for any undelivered goods and services, defects, damages and after-sales services such goods and /or services.
You shall be fully accountable for payment transactions especially in dealing with web-based merchants that have limited refund policy for invalid disputes. For purposes of clarity, invalid disputes refer to all disputes except if the dispute pertains to items purchased online that are no longer available.
8. PAY BILLS
Payment of bills does not require a printed receipt from the Biller. GCash shall be affiliating Billers to accept payments via the “Pay Bills” menu. For this transaction, the GCash Customer selects the biller to be paid, inputs payment details and the amount to be paid.Once the details are inputted, the Customer shall see a summary page with the payment details displayed for confirmation by the Customer. An SMS/E-receipt is sent to you which confirms the payment request.
Confirmation through the use of the MPIN upon log in shall be sufficient evidence that you have authorized the payment to the chosen Biller and therefore, cannot be disputed by you. The Transaction Reference No. in the SMS/E-receipt shall be your proof of payment to the biller.
Erroneous transactions shall be deemed successful and shall follow a no refund policy if the erroneous transaction is proven to be due to GCash customer error after investigation (e.g. wrong account details, wrong biller). The decision of Gcash after the investigation shall be conclusive.
9. AIRTIME 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 mobile phone shall be sufficient evidence that the GCash Customer authorized the transaction and therefore, cannot be disputed by the GCash Customer. The same rule shall apply for menu-based transactions, once the GCash Customer keys-in his/ her MPIN. In both cases, the Transaction Reference Number in the SMS/ Text message confirmation shall be the GCash Customer’s proof of payment.
10.TRANSACTION AND WALLET LIMIT
Transaction and Wallet balance limits may be assigned or changed by GCash, at its option pursuant to applicable laws, subject to fifteen (15) days prior notice to the GCash Customers. Limits are applied not on a per wallet basis but on a per Customer basis. If a GCash customer has multiple GCash wallets under his/her name, limits shall be shared across all the wallets linked to the GCash Customer’s Customer Profile.
11.ACTIVATION AND DE-ACTIVATION OF GCASH WALLET / MASTERCARD FEATURES
GCash may introduce other GCash Wallet/ MasterCard features. Moreover, it may also deactivate existing features at its option.On a case to case basis, GCash may opt to suspend or terminate a GCash Customer’s 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, GCash may charge a fee upon reactivation of the said feature, as per request of the GCash Customer. The approval of the request shall be upon the sole option of GCash.
All KYC’d GCash customers, postpaid or prepaid, are qualified to apply for a GCash MasterCard, subject to the terms and conditions of MasterCard.
A GCash Customer can have more than one GCash Wallet registered under his/her name. However, only one type of GCash MasterCard can be linked to a GCash Wallet.
Any person not suffering from any disability or legal impediment may apply for a GCash MasterCard. Minors who are at least (7) may apply for GCash MasterCard through their parent/s or guardian may apply for a GCash MasterCard , and such GCash MasterCard shall remain under the exclusive control of the parent/s or guardian until the child/minor reaches the age of majority in which case, exclusive control passes to the child, unless it is ordered by the parent/s or guardian at the time of applying for GCash MasterCard that withdrawal can be made by the minor also.
Any GCash MasterCard issued remains the sole property of GCash and is non-transferable. GCash may suspend or terminate the use of the GCash MasterCard for whatever reason it deems fit. The GCash Customer agrees to surrender the GCash MasterCard upon demand by GCash. In the event of any suspension, termination or confiscation of the GCash MasterCard, the GCash Customer agrees to hold GCash and its affiliates, its board of directors, officers and staff free and harmless from any claim, damage, loss, expense, suit or liability whatsoever, arising from such suspension, termination or confiscation.
In the event of any unauthorized use of the GCash MasterCard, GCash shall not be liable for any inconvenience or damage caused to the GCash Customer. Moreover, GCash shall not be liable for any failure by GCash Customers to avail of GCash services due to the non-compliance with the application requirements.
12.LOYALTY / REWARDS PROGRAM
GCash, at its sole option, shall have the option to run a Loyalty / Rewards Program on the use of GCash. The GCash Customer’s right and obligations in the Loyalty / Rewards Program shall be covered by separate Terms and Conditions specific to the Loyalty / Rewards Program.
13.FEES, RATES AND OTHER CHARGES
GCash Customer shall pay a fee for the GCash MasterCard application/renewal, if any. No joining fee or annual GCash MasterCard fee is required. GCash Customer agrees to pay other fees and charges related to his/ her GCash Wallet/ MasterCard and its use, as may be imposed by GCash, such as, but not limited to, ATM Withdrawal, 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 Customer’s GCash Wallet or paid up front.
Charging of dormancy maintenance fees shall apply to GCash Wallets that have not been used for any monetary GCash transaction at least six (6) months from the last date of transaction. The maintenance fee shall be automatically debited from the GCash Customer’s Wallet every 10th day of the month.
GCash wallets that remain inactive for 6 months and with zero balances shall be automatically closed without further notice
To know more about GCash fees, please visit our Help Center here.
14.SENDING OF ACCOUNT / TRANSACTION HISTORY STATEMENT
Upon the GCash Customer’s request, GCash 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 GCash in sending the Account / Transaction History statement in the mode and to the address indicated by the GCash Customer is conclusive presumption that the GCash Customer has received the same. GCash and 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 Customer. Neither may GCash Customer thereafter raise the defense that he/ she failed to receive the Account / Transaction History statement. In all instances, GCash Customer may inquire about the Account / Transaction History statement by contacting the GCash Hotline or by visiting any of the Globe Stores only where a GCash representative is present and available. GCash may charge a fixed amount for Account / Transaction History Statement fee per request.
15.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 Customer notifies GCash 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 Customers’ GCash Wallet once the claim/ dispute has been properly processed, investigated, and proven to be in favor of the GCash Customer. On the other hand, there shall be no reversals for transactions made through key-word based commands and erroneous transactions made by the GCash Customer.
16.PHONE AND GCASH WALLET / MASTERCARD SECURITY
The GCash Customer shall be responsible for the security of the GCash Wallet / MasterCard, the Globe ,TM or other network enabled phone’s Customer Identity Module (SIM) and his/her MPIN. All transactions made using the GCash Wallet / MasterCard are conclusively presumed made by the GCash Customer and the GCash Customer shall be liable therefor.
17.LOSS OF GCASH REGISTERED SIM AND / OR GCASH MASTERCARD
The security and proper care of the GCash registered SIM/ GCash MasterCard, as well as the confidentiality of his/her MPIN shall be the GCash Customer’s sole responsibility.
In case of loss of GCash registered SIM/ GCash MasterCard, the GCash Customer shall immediately inform GCash through the GCash Hotline of such loss within twenty-four (24) hours, via telephone or through a written report/ affidavit submitted at the Globe Store where the GCash representative is present and available. Suspension of the GCash Wallet and/ or GCash MasterCard shall be processed only upon proper authentication of the phone call 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 Customer.
A replacement SIM/ GCash MasterCard may also be created at the cost of the GCash Customer.
18.TERMINATION / CANCELLATION OF THE GCASH WALLET / MASTERCARD
Should the GCash Customer fail to comply with the Terms and Conditions provided herein, the right to use the GCash Wallet/ MasterCard shall be terminated without further notice. GCash Wallets that are dormant/no monetary activity for more than 6 months and with zero balances shall automatically be closed/ terminated without further notice.
19.LIMITS ON LIABILITY
GCash 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, GCash makes no warranty: (1) as to the content, quality or accuracy of data or information provided by GCash 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.
GCash shall not be liable for any loss, cost, compensation, damage or liability to you or third party arising from, directly or indirectly, or as a result of any or all of the following:
- refusal of GCash, any bank, financial institution, ATM or Merchant establishment and the like to allow, accept or honor GCash;
- GCash is honored by any bank, financial institution, ATM or Merchant establishment; however, payment transaction is not authorized, for any reason whatsoever;
- GCash Customer is unable to perform or complete any transaction through the use of Globe ,TM or other network enabled mobile phone due to service/ system/ line unavailability;
- 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 GCash and Globe’s control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation);
- theft or unauthorized use of GCash Wallet/ MasterCard or any loss, costs, damages or payable to any third party by the GCash Customer;
- any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees or GCash agents.
20. LIMITATION OF LIABILITY
In the event of any action that the GCash Customer may file against GCash and/ or Globe, the GCash Customer agrees that GCash and Globe’s liability shall not exceed ONE THOUSAND PESOS (PHP1,000.00) or the amount of the damages actually suffered by and judicially decided with finality in favor of GCash Customer, whichever is higher.
21. FRAUDULENT TRANSACTIONS
Blocked GCash Wallet– GCash and/ or Globe shall have the right to automatically suspend or block the GCash Wallet/ MasterCard in the event that GCash and/ or Globe has reason to believe that the GCash Customer’s GCash Wallet/ MasterCard may be used for fraudulent or suspicious transactions or by an unauthorized person. GCash and/ or Globe may but shall not have the obligation to inform the GCash Customer prior to suspending or blocking the GCash Wallet/ MasterCard pursuant to this Section. The GCash Customer acknowledges the authority of GCash and/ or Globe to suspend or block the GCash Wallet/ MasterCard and accordingly, the GCash Customer shall hold GCash and/ or Globe free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which the GCash Customer may suffer as a result thereof.
Discretion – Without giving any reason or notice, and without prejudice to the other provision hereof, GCash 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 Customer’s right to use the GCash Wallet/ MasterCard; (c) to increase or decrease the balance limit; (d) to refuse to re-issue, renew or replace the GCash MasterCard and / or (e) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with the GCash Wallet, whether specifically relating to the GCash Customer or generally to all or specific GCash Customers.
22. DATA PRIVACY
“Biometrics” shall refer to the user’s measurement and analysis of unique physical or behavioral characteristics (such as the face, fingerprint, or voice patterns) especially as a means of verifying personal identity.
22.1 Data Collection
GCASH and/ or Globe shall keep all GCash Customer files in strictest confidence. By providing his/her information for the purpose of availing a GCash Wallet, GCash Customer expressly consents to the processing of his/her supplied customer data, as may be applicable. Customer Data are either Personal Information or Non-Personal Information:a. Personal Information is any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual. It also includes, but is not limited to, data that would help us verify [i] GCash Customer’s identity such as such as name, gender, date of birth, address, telephone/mobile number, email address, proof of identification, source of income, employment, and other data points whenever applicable; [ii] the location of GCash Customer’s device whether desktop, laptop, or mobile devices whenever GCash Customer access the GCash App or the GCash website; and [iii] the navigation experience when accessing the GCash App and the GCash website to see activities done in the channels, the pages visited, and the sequence thereof. [iv] by enabling biometrics login, user’s allow GCash to use biometrics data saved in their device for the sole purpose of securing their login in the GCash App. This data shall be stored in GCash and will not be used for any other purpose.
b. Non-Personal Information is any information that does not identify GCash Customer individually, and includes transactional, statistical, and analytical data, and anonymous and aggregate reports.
GCASH may also request GCash Customer to update his/her Personal Information from time to time. Should GCash Customer be unable to supply GCASH with the required Personal Information, GCASH may not provide GCash Customer with requested products and services, updates on latest offerings, and GCash Customer may not able to participate in events, promotions or other activities.
When GCash Customer uses the GCash App or accesses the GCash website and electronically communicates with us, depending on GCash Customer settings, GCASH may use GCash Customer cookies, web beacons, small data text files or similar technologies to identify his/her device and record his/her preferences, with his/her consent.
22.2 Use of Customer Data
Without limiting the generality of the foregoing, the GCash Customer consents and authorizes GCASH and/ or Globe to store, process, 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 GCASH and/ or Globe deems necessary, or as required by law, rule or regulation, including but not limited to [i] providing GCash Customer with GCash Customer chosen GCash products and services, including customer support; [ii] enhancing your customer experience and improve, develop and determine tailored products to meet GCash Customer preferences and needs; [iii] communicating relevant products and/or advisories to GCash Customer; [iv] showing you relevant ads on and off our services and measure the effectiveness and reach of ads and service; [v] Abide by any safety, security, public service or legal requirements and processes; and [vi] processing information for statistical, analytical, and research purposes. [vi] Use of biometrics data saved in user’s device for the sole purpose of securing their login in the GCash App.
GCash uses Personal Information to the extent necessary to comply with the requirements of the law and legal process, such as a court order; to comply with a legal obligation; or to prevent imminent harm to public security, safety or order. GCash uses Non-Personal Information for statistical, analytical, and research purposes to create anonymous and aggregate reports.
23. DATA SHARING
You hereby consent to and authorize GCash , its subsidiaries and affiliates such as, but not limited to, Fuse Lending, Inc., Globe Telecom Inc. and Globe Fintech Innovations, Inc., and/or its third party partners contracted by GCash for the purpose of conducting its operations, including but not limited to fraud and risk management, sales and marketing activities, communications relating to their products and/or services, product and system development and innovation, customer experience management and improvement, and market research, to collect and process any and all information related thereto from whatever relevant source.
You hereby consent to and authorize the disclosure of and release by GCash, Globe Telecom, Inc., Globe Fintech Innovations, Inc., Fuse Lending Inc. and its subsidiaries and affiliates, and GCash’s third party partners, of any and all information required by GCash, Globe Telecom, Inc., Globe Fintech Innovations, Inc., Fuse Lending Inc. and/or its third party partners such as, but not limited to, the following [i] voice calling data records; [ii] SMS sending and receiving records; [iii] Data usage records; [iv] Promo subscription and redemption records; [v] Customer relationship management records; [vi] Pre-paid load balance, top up and usage records;[vii] Credit information; [viii] KYC data; [ix] Registration data; and [x] Transaction data.
For the avoidance of doubt, you hereby acknowledges and agrees that GCash, Globe Telecom, Inc., Globe Fintech Innovations, Inc., Fuse Lending Inc.,its subsidiaries, affiliates, and its third party subcontractors, may share any and all information relating to Applicant to each other for any legitimate business purpose including, but not limited to, fraud and risk management, sales and marketing activities, communications relating to their products and/or services, product and system development and innovation, customer experience management and improvement, and market research.
In addition, you hereby agree to share your GCash information details, including but not limited to: complete name, gender, marital status, address (permanent and present), date and place of birth, nationality, contact details, nature of work, identification (with number) type, and occupation or source of funds, to GCash’s remittance partners for purposes of service fulfillment and local and international anti-money laundering compliance requirements. The list of GCash’s remittance partners are found at the bottom of these Terms and Conditions.
The foregoing consents and authorizations shall continue for the duration of, and shall survive the termination of, this Agreement, or any other transactions, dealings, arrangements and accounts which you may have with, or avail from, GCash.
24. VENUE OF LITIGATION
Venue of all suits shall either be at Taguig City or at any venue at the exclusive option of GCash.
25. NON-WAIVER OF RIGHTS
Failure, omission, or delay on the part of GCash and/ or Globe to exercise its rights or remedies under these Terms and Conditions shall not operate as a waiver of the same
26. 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.
The GCash Customer agrees to be bound by the Terms and Conditions governing the issuance and use of the GCash Wallet/ MasterCard upon the GCash Customer signing on the signature panel at the back of the Card and/ or downloading, activating or using GCash. Should the GCash Customer disagree with the Terms and Conditions, the GCash Customer shall cut the GCash MasterCard in half, if applicable, and call or provide a written notice of cancellation to GCash Hotline/ Globe Store GCash representative who is present and available, otherwise, the GCash Customer shall continue to be liable for all charges incurred through the use of the GCash Wallet/ MasterCard.
Consent given by the GCash wallet holder to a subsidiary or affiliate for any of its services/products involving use, processing and/or disclosure of his/her GCash account information shall be deemed to be consent given to GCash.
29.CUSTOMER COMPLAINTS HANDLING PROCESS
We are committed to maintaining the highest standards of financial consumer protection. Your requests, feedback and customer needs are our priority. If you have any concerns about a procedure or have encountered a problem with our service, visit the GCash Help Center and use the Help Feature (Live Chat) or Submit a Ticket. All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner.
GCash maintains full cooperation with the BSP in Financial Consumer Protection. You may coordinate with BSP’s Financial Consumer Protection Department at (632) 708.7087 or (632) 708.7088). You may also email BSP at firstname.lastname@example.org.
ACCEPTABLE USE POLICY
1. THE GCASH SERVICES
You agree to NOT:
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 GCash. 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 GCash Services, without prior written consent from GCash. You further agree not to use the GCash Services for any commercial use, without prior written authority from GCash;
1.3. 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 GCash 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 GCash Services;
1.4. 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 GCash Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the GCash Services, including but not limited to such actions which may tend to discourage others from using the GCash 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;
1.5. circumvent, disable, or otherwise interfere with security-related features of the GCash Services, including those that prevent or restrict use or copying of any content, material or information available on or through the GCash Services, as well as those that enforce limitations on the use of the GCash Services;
1.6. probe, scan or test the vulnerability of the GCash 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 GCash Services, or any other customer of GCash including any account maintained with the GCash Services not owned by you, to its source, or exploit the GCash Services or any information made available or offered by or through the GCash Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information;
1.7. use or access the GCash 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 GCash 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 GCash Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the GCash Services, including use thereof for commercial purposes;
1.8. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the GCash Services or its systems or networks, or any systems or networks connected to the GCash Services;
1.9. use any device or routine to interfere or attempt to interfere with the proper working of the GCash Services or any transaction being conducted using the GCash Services, or with any other person’s use of the GCash Services. You agree that you will not engage in any activity that interferes with or disrupts the GCash Services or the servers and networks which are connected to the GCash Services;
1.10. use the GCash 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 GCash 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 GCash or by the owner of that content, material or information in a separate agreement.
2. GCASH USER CONTENT
2.1. to undertake the sole responsibility and hold GCash 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 GCash Services, and hereby stipulate admission of liability to GCash for whatever loss or damage GCash may suffer as a consequence of your use or misuse of the GCash Services;
2.2. not to share, create, upload, transmit or display using the GCash 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 GCash to use any and/or all User Content that you create, upload, transmit, or display using the GCash Services;
2.3. not to use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment or causing damage;
2.4. 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, ransomware, 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;
2.5 where relevant, 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 GCash Services. You represent and warrant that:
2.6 you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize GCash 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 GCash Services, as you hereby authorize and grant GCash 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 GCash Services, in a manner GCash 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, including GCash affiliates and subsidiaries, for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You agree to hold GCash 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 GCash made available your User Content.
THIRD PARTY CONTENT & SERVICES
3.1. The GCash 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. 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 services available therefrom.
3.2 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.
3.3 GCash makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.
We reserve, at our sole discretion but without obligation, the right to:
4.1 deny access to and / or discontinue the GCash Services or any component thereof to anyone 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 GCash 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 GCash Services;
4.2. 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 GCash 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 GCash 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 GCash Services;
4.3 enhance, improve, develop and introduce new features and functionalities to the GCash Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the GCash Services shall form part of the GCash Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable;
4.4 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 GCash to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process GCash’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by GCash, provide the latter with certified digital or printed copies of the said information;
4.5 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 GCash Service. GCash 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 GCash free from any liability and/or claims for indemnification or damages that may arise therefrom;
4.6 set limitations to and charge fees and applicable taxes for the use of the GCash Services, at any time and without prior notice. You further understand and agree that GCash 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 thirty (30) days prior to effective date of change in fees / charges /penalties;
4.7 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 GCash reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the GCash Services 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 GCash 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.
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