Terms and Conditions

Updated on August 1, 2021

Welcome to Eplayment. These Terms and Conditions (T&Cs) cover your rights and obligations relating to your access and use of the products of Eplayment, the Eplayment Wallet, Eplayment Visa Card, Epaygames Payment Gateway, Eplayment Website, Eplayment Social Media Accounts, and all the services associated with it (together, “Eplayment Service”). All references to “we”, “us”, “our”, or “Eplayment” refer to Eplayment Corporation, a corporation organized under the laws of the Philippines. We have been duly registered and licensed with the Bangko Sentral ng Pilipinas (BSP) as an Operator of a Payment System (OPS). By registering to Eplayment or using the Eplayment Service, you accept and agree to be bound by these T&Cs.

In addition to these T&Cs, please review our Privacy Notice and Acceptable Use Policy. The Privacy Notice describes how your personal data is collected and processed when you use the Eplayment Service. The Acceptable Use Policy defines the set of rules that you should comply with when using the Eplayment Service. If you do not understand or do not wish to be bound by the T&Cs, Privacy Notice, and Acceptable Use Policy, you should not access or use any portion of the Eplayment Service.

Read these terms carefully, as they contain important information about your rights and responsibilities. These T&Cs shall be valid and binding from the time of your registration, and will remain binding up to its termination by us, except for provisions that will remain effective after termination, as stated in these T&Cs, laws, or regulations. Eplayment reserves the absolute and unequivocal right to modify these T&Cs at any time with or without notice. Any changes to these T&Cs will be effective immediately upon posting on the Eplayment Service, with an indication as to the date of effectivity. By continuing to access and use Eplayment Service after any such modifications, you are considered to have agreed to be bound by the modifications.

1. TERMS

1.1. By registering for an Eplayment account and accepting these T&Cs, you represent and warrant that you have reached the age of majority, which is 18 years old, and can validly transact on your own behalf. If we learn or have reason to suspect that a user is under 18 years of age, we will promptly revoke the user’s access to the Eplayment Service and delete any personally identifiable information submitted by that user. Further, you represent and warrant that your use of the Eplayment Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions in these T&Cs.

1.2. If you are a business entity, you represent that you are licensed to do business, and that the persons including your employees, officers, representatives, and other agents accessing or using the Eplayment Service are duly authorized to access or use the Eplayment Service. All transactions conducted under your username and password are deemed for your account.

2. REGISTRATION AND VERIFICATION

2.1. Upon registration and acceptance of these T&Cs, you will set up your Eplayment Wallet that is associated with a registered mobile number. Depending on the particular Eplayment Service that you will be using, you will be required to provide additional information, such as your complete name, present and/or permanent address, date of birth, nationality, place of birth, gender, civil status, mother’s maiden name, source of funds, employment status, employer or business name, nature of work, proof of identification, a photo of yourself, and a signature, in compliance with the requirements of Know-Your-Customer (KYC) requirements of the BSP. In some cases, we may ask you to provide additional information that can aid in verifying your identity.

2.2. A verification of your submitted information through a third party verification vendor, may also be undertaken. Any such third party to whom we disclose or transfer information about you for the above purpose is contractually required to comply with confidentiality standards and establish adequate safeguards for data privacy, undertake to respect any user’s right to privacy and comply with applicable laws. We also require that said third parties use information shared with them only for the above purposes and follow our reasonable directions with respect to this information.

2.3. You agree to submit all required information or documentation and render all reasonable assistance and cooperation in order to complete the verification. Such information will be used to determine if you can continue to use your Eplayment Wallet or the Eplayment Service. We reserve the right to close, suspend, or limit your access to your Eplayment Wallet and/or the Eplayment Service in the event that we are unable to verify your information. All collection and use of your personal data by us is subject to the Privacy Notice of Eplayment.

2.4. You are responsible for providing accurate and truthful information during registration, keeping your account information up to date, and notifying us in the event of changes, including but not limited to the nature of your business activities, beneficial owners, principals, changes to the legal entity that operates your business (for example, if you incorporate an entity), or any other pertinent information. We may suspend your account or terminate this agreement if you fail to keep this information current. In addition, as certain parts of the Eplayment Service may become available or be offered only on a selective or promotional basis, supplementary information may be required from your end in order to enable and avail of it.

2.5. Upon KYC Verification, you will obtain a virtual Eplayment Visa Card within your Eplayment Wallet and have the option of linking a physical Eplayment Visa Card to it. Eplayment will store all information relating to your Eplayment Visa Card, including but not limited to transaction details.

2.6. As part of the account registration process for Eplayment and Epaygames Accredited Merchants, you will be asked to create an Eplayment account and a public username (i.e. an identifier of your business which will be part of the URL that you create and share with your customers). Your public account information may appear on your customers’ bank or other statements. To minimize confusion and avoid potential disputes, these descriptors must be recognizable to your Customers and must accurately describe your business or activities. By registering for an account on behalf of an entity, you represent and warrant that you have authority to:

  1. accept these T&Cs on behalf of and bind such entity, and
  2. provide information on behalf of such entity. We may require you to provide additional information or documentation demonstrating such authority to bind the entity. Without our express written consent, you may not register or attempt to register for an account on behalf of a user of Eplayment whose account was previously terminated and is otherwise barred from further use of the Eplayment Service.

2.7. In addition to the above, at any time during your use of the Eplayment Service, we may require additional information from you to verify beneficial ownership or control of the business, validate information you provided, verify your identity, and assess the risk (to Eplayment and the Eplayment Customer) associated with your business. This additional information may include phone numbers, physical and mailing addresses for you and your business, your business’s tax identification number, business invoices, copies of government-issued identification, business licenses, or other information related to your business, its beneficial owners, or principals. We may also request that you provide copies of financial statements or records pertaining to your compliance with this agreement or require you to provide a personal or company guarantee. Your failure to provide this information or material may result in suspension or termination of your Eplayment account. We may share this information, including any other personally identifiable information you provide to us, with our third party vendors we use to comply with regulations, including anti-money laundering laws.

3. DEFINITIONS

Definitions appearing in these T&Cs shall have the meanings ascribed to them below.

“Application Programming Interface” or “API” shall refer to a type of software interface, offering a service to other pieces of software.

“Acquirers” shall refer to a financial institution that is authorized by a Payment Method Provider to connect to their API which processes transactions from customers with an account in the Payment Method on behalf of the Payment Method Provider;

“Biller” shall refer to any entity accredited by Eplayment to accept bills payment using the Eplayment Service.

“Cash In” or“Add Funds” shall refer to the process of exchanging physical cash to Eplayment Fund.

“Cash Out” shall refer to the process of exchanging Eplayment Fund to physical cash (only available to Eplayment account holders who have successfully completed KYC verification).

“EON” shall refer to the neo banking platform that allows clients to apply and access their accounts through the official EON Website, or through the official EON UnionBank app. An EON account holder can also get EON Visa Cards at select UnionBank branches nationwide.

“Epaygames Accredited Merchant” shall refer to any business running a website or application that uses the Epaygames Payment Gateway to process payments from the Payment Method Providers available in the platform.

“Epaygames Payment Gateway” shall refer to the payment processing service with the software and API integration to allow real-time secure data transmission for processing debit cards, credit cards and certain other available Payment Methods provided by a Payment Method Provider on the Epaygames Accredited Merchant’s website or application that allows their customers to purchase their goods and services.

“Eplayment Accredited Merchant” shall refer to any establishment that accepts Eplayment Fund as payment for the purchase of goods and services.

“Eplayment App” shall refer to the Eplayment Service application running on mobile devices where the Eplayment customer can avail of the Eplayment Service or make use of the Eplayment Wallet.

“Eplayment Customer” shall refer to a person who has registered for an Eplayment Service.

“Eplayment Fund” shall refer to a form of electronic money which allows customers who registered to Eplayment Service to easily transfer cash and make payments electronically.

“Eplayment Partner Outlet” shall refer to an establishment that accepts Cash In and/or Cash Out of Eplayment Fund transactions.

“Eplayment Visa Card” shall refer to a prepaid card issued by EON UnionBank under license with Visa linked to an Eplayment Wallet that is KYC verified which can be used for Point-Of-Sale (POS) purchases and Automated Teller Machine (ATM) cash withdrawals.

“Eplayment Wallet” shall refer to the electronic money instrument that stores Philippine Peso (PHP) value which resides in the Eplayment system. It is an account that is linked to the Eplayment Customer’s Mobile Identity Number (MIN).

“Know-Your-Customer” or “KYC” shall refer to the process of verifying the identity of an Eplayment Customer, as mandated by the BSP. KYC shall be mandatory for Silver (EON Lite), Gold (EON Plus) and Platinum (EON Pro) Eplayment Customers and shall be performed by EON UnionBank.

“Mobile Banking Service” or “MBS” shall refer to a transfer of a Philippine Peso amount from a qualified bank account into the Eplayment Wallet.

“Mobile Personal Identification Number” or “MPIN” shall refer to the six (6)-digit security personal identification number of and nominated by the Eplayment Customer, that they may use to access the Eplayment Wallet.

“Payment Method” shall refer to the payment methods such as debit cards, credit card, e-wallets, and over-the-counter channels that are made available and processed real-time and securely by the Epaygames Payment Gateway. Payment Methods include but are not limited to GCash, PayMaya, GrabPay, 7-Eleven, M Lhuiller, and Cebuana Lhuillier. Your use of a Payment Method may be subject to separate terms applicable to the Payment Method. We may add or remove Payment Method Providers at any time.

“Payment Method Provider” shall refer to the provider of payment methods such as debit cards, credit card, e-wallets, and over-the-counter channels that are made available and processed real-time and securely by the Epaygames Payment Gateway.

“Payout” refers to the amount due to the Eplayment Accredited Merchant and Epaygames Accredited Merchant from their transactions minus our fees and any fines, refunds, chargebacks, reversals, setoffs, recoupments or any other amounts due to Eplayment;

“Peer-to-Peer Express Send” or “P2P Express Send” shall refer to the existing send money service which allows an Eplayment Wallet account to send money to another Eplayment Wallet account. Eplayment Wallet accounts that have not been KYC verified may not send money to KYC verified Eplayment Wallet accounts.

“Peer-to-Peer Transfer” or “P2P Transfer” shall refer to the transfer of money from an Eplayment Wallet account to another Eplayment Wallet account. Eplayment Wallet accounts that have not been KYC verified may not send money to KYC verified Eplayment Wallet accounts.

“Short Message Service” or “SMS” shall refer to a telecommunications protocol that allows the interchange of short text messages between mobile devices.

“Transfer QR” shall refer to a specific QR code which allows an Eplayment Wallet account to send money to or receive money from another Eplayment Wallet account. Eplayment Wallet accounts that have not been KYC verified may not send money to KYC verified Eplayment Wallet accounts.

4. EPAYGAMES PAYMENT GATEWAY

The Epaygames Payment Gateway is Eplayment’s software and aggregator API, which is also integrated in the Eplayment Wallet so that users may add funds from Payment Methods other than the Eplayment Wallet. 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. Epaygames Accredited Merchants and Eplayment Accredited Merchants may use the Epaygames Payment Gateway within their website or application to collect payments from their customers outside of the Eplayment system. In order to provide you with access to the Payment Methods, we work with Payment Method Providers, Acquirers, and other third parties.

Epaygames Accredited Merchants will be provided access to our APIs that you will use to access the Epaygames Payment Gateway. You may use the APIs solely as described in the API documentation or as otherwise communicated to you by us. We may update the APIs and API documentation from time to time, and may add or remove functionality. To the extent possible, we will communicate to you any changes in functionality. We will provide more details on proper usage in the API documentation.

Eplayment grants Epaygames Accredited Merchants a revocable, non-exclusive, and non-transferable limited license to access and/or use Eplayment’s APIs, developer’s toolkit, and other software in accordance with the accompanying API documentation made available by Eplayment for purposes of using the Epaygames Payment Gateway. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with the Epaygames Payment Gateway. If you do not comply with these T&Cs, the API documentation, and any other requirements provided by Eplayment, then you will be liable for all resulting damages suffered by you, Eplayment and third parties. Upon expiration or termination of this Agreement, you will immediately cease all use of the Eplayment Service, including the API and the Epaygames Payment Gateway.

Subject to the terms of this Agreement, Eplayment will remit to your Eplayment Wallet account, all amounts due to you from your transactions, minus any fees, fines, reversals, chargebacks, refunds, setoffs, recoupments, or other amounts that you owe to Eplayment under this agreement. You affirm that you are authorized to initiate settlements to and debits from your Eplayment account, and that your Eplayment account is owned by you. If you update your Eplayment account, then you must ensure that you continue to comply with the requirements of this section. If the Payout is not sufficient to cover the amounts due, without limiting our other rights and remedies (all of which are cumulative), you agree that we may debit your Eplayment account for the applicable amounts, and/or set-off the applicable amounts against future Payouts.

We may require a holding period before making an initial settlement to your Eplayment account. Settlements to Eplayment Accredited Merchants will go straight to their Eplayment account as they are billed. For Epaygames Accredited Merchants, settlements cover 24 hours and are sent out in 2 to 3 days. Please be aware that a Payment Method Provider or Acquirer may delay settlement for any reason (and thus delay your Payout arrival), and we are not responsible for any harm suffered by you stemming from such delay.

We reserve the right to suspend settlement to you. Examples of situations where we may do so are:

  1. where there are pending, anticipated, or excessive chargebacks, refunds, or reversals,
  2. in the event that we suspect or become aware of suspicious activity, and
  3. where we are required by applicable law or court order.

We have the right to withhold settlement to your Eplayment account upon termination of this agreement if we reasonably determine that we may incur losses resulting from credit, fraud, or other legal risks associated with your account. If we exercise our right to withhold a Payout for any reason, we will communicate the general reason for withholding the Payout and give you a timeline for releasing the funds.

You may only use our Epaygames Payment Gateway to conduct legitimate transactions with your customers. You are responsible for your relationship with your customers. We are not responsible for the products or services you publicize or sell, or that your customers purchase using the Epaygames Payment Gateway; or if you accept donations, for your communication to your customers of the intended use of such donations. You understand and affirm that you are solely responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your customers.

To enable us to process Transactions for you, you authorize and direct us, our affiliates, the Payment Method Providers and Acquirers to receive and settle any amounts due to you from your transactions through the Epaygames Payment Gateway. You may not grant or assign any interest in the amounts due to you from your transactions to any third party until such time as such amounts are deposited into your Eplayment account. You appoint Eplayment as your agent for the limited purpose of directing, receiving, holding and settling such amounts. You agree that Eplayment’s receipt of such amounts satisfies the relevant end-customer’s obligations to make payments to you. We will promptly update your account balance to reflect any such amounts that we receive on your behalf.

You understand that even authorized transactions may be subject to a chargeback. We are not responsible for or liable to you for authorized and completed charges that are later the subject of a chargeback, refund, or reversal, are submitted without authorization or in error, or violate any applicable laws or regulations.

Epaygames Accredited Merchants and Eplayment Accredited Merchants are immediately responsible to us for all chargebacks, refunds, reversals, or fines (as defined below) regardless of the reason or timing. We may decline to act upon a refund instruction, or delay execution of the instruction, if:

  1. it would cause your account balance to become negative,
  2. you are the subject of bankruptcy proceedings; or
  3. where we otherwise believe that there is a risk that you will not meet your liabilities under this agreement (including with respect to the charge that is the subject of the refund instruction).

Credit card refunds may only be performed upon the instruction of the Epaygames Accredited Merchant and Eplayment Accredited Merchant, in writing, stating the particular customer to be refunded and the amount. Eplayment may refuse to perform the refund if there are pending amounts due to you under this Agreement or any other products availed of by you with Eplayment. Eplayment may refuse at any time to perform a refund for you to your customer even if there are available funds. Performance of this service shall be subject to fees as stated by Eplayment.

If you accept payment for products or services not immediately deliverable to the Customer, we may, in our sole discretion, initiate a reversal. Payment Method Providers and/or Acquirers may also initiate reversals. Reversals may result from:

  1. invalidation of a charge by a Payment Method Provider or an Acquirer,
  2. funds settled to you in error or without authorization; and
  3. submission of a charge in violation of this agreement, third party rules, and/or applicable laws and regulations.

You may be able to challenge a chargeback by submitting evidence to us through various channels, including email or as otherwise indicated by Eplayment. We may request additional information to provide to Payment Method Providers and Acquirers to assist you in contesting the chargeback, but we cannot guarantee that your challenge will be successful. Payment Method Providers and Acquirers may deny your challenge for any reason they deem appropriate. You may not submit a new charge which duplicates a transaction that is subject to a chargeback.

You are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. Eplayment does not and will not insure you against losses caused by fraud under any circumstances.

Although we provide you with the Epaygames Payment Gateway, we have no way of knowing if any transaction is accurate or complete, or normal for your business in particular or your type of business. Only you are responsible for knowing whether a transaction initiated by your customer is erroneous (such as a customer purchasing one item when they meant to order another) or suspicious (such as unusual or large purchases, or a request for delivery to a foreign country where this typically does not occur). If you are unsure if a transaction is erroneous or suspicious, you agree to research the transaction and, if necessary, contact your customer before fulfilling or completing the transaction. You are solely responsible for any losses you incur due to erroneous or fraudulent transactions in connection with your use of the Eplayment Service.

Except where Eplayment and a customer have otherwise agreed, you maintain the direct relationship with your customers and are responsible for:

  1. acquiring appropriate consent to transact through the Epaygames Payment Gateway on their behalf
  2. providing confirmation or receipts to customers for each transaction
  3. verifying customers’ identities, and
  4. determining a customer’s eligibility and authority to complete transactions.

Customers of Epaygames Accredited Merchants and Eplayment Accredited Merchants must understand the purpose, amount, and conditions of transactions processed through the Epaygames Payment Gateway. When using the Epaygames Payment Gateway you agree to:

  1. accurately communicate, and not misrepresent, the nature of the transaction, and the amount of the good/service in the appropriate currency prior to submitting it to the Eplayment Service
  2. provide a receipt that accurately describes each transaction to customers
  3. provide customers a meaningful way to contact you in the event that the product or service is not provided as described
  4. not use the Eplayment Service to sell products or services in a manner that is unfair or deceptive, exposes customers to unreasonable risks, or does not disclose material terms of a purchase in advance, and
  5. inform customers that Eplayment and its affiliates process transactions for you. You also agree to maintain and make available to your customers a fair and neutral return, refund, cancellation, or adjustment policy, and clearly explain the process by which customers can receive a refund.

You hereby agree to undertake, and you acknowledge and understand that it is your sole responsibility, to:

  1. obtain your customers’ consent to these T&Cd and the Privacy Notice, and
  2. provide all notices and obtain all consents necessary for Eplayment’s use of customer data.

5. EPLAYMENT WALLET

The Eplayment Wallet is a reloadable e-money instrument. It is not a bank deposit account, nor is it covered by the Philippine Deposit Insurance Corporation (PDIC). It does not earn interest. 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 Eplayment Wallet may be used to transfer or send money between Eplayment Wallets via P2P Express Send or Transfer QR except when the transfer is from an unverified account to a KYC verified account, and purchase goods and services from Eplayment Accredited Merchants within the Eplayment App. Eplayment Customers may also purchase goods and services outside the Eplayment App via offline or online POS systems through the use of the Eplayment Visa Card.

6. TYPES OF EPLAYMENT ACCOUNTS

6.1. Bronze

  1. Non-KYC
  2. Default account after registration
  3. No correspon`ding EON UnionBank prepaid account
  4. Limits
    1. Cash In: PHP 5,000.00
    2. Balance: PHP 5,000.00
  5. Functions
    1. Cash in from banks, online banks, e-wallets, or over-the-counter channels available in the Eplayment Wallet
    2. Send money to other Bronze account holders
    3. Pay bills to Billers available in the Eplayment Wallet
    4. Buy load from mobile network load providers available in the Eplayment Wallet
    5. Buy game credits and vouchers available in the Eplayment Wallet

6.2. Silver

  1. KYC verified
  2. Considered an electronic money account and is governed by BSP Circular 649
  3. Corresponds to an EON Lite UnionBank account
  4. Limits
    1. Cash In: PHP 100,000.00 monthly
    2. Balance: PHP 100,000.00
    3. Withdrawal: PHP 50,000.00 daily and PHP 100,000.00 monthly
    4. Fund Transfer: PHP 100,000.00 daily and PHP 100,000.00 monthly
    5. POS Purchase: PHP 100,000.00 daily and PHP 100,000.00 monthly
  5. Fees
    1. PHP 8.00 monthly or PHP 100.00 annually
  6. Functions
    1. Everything the Bronze account can do
    2. Cash in or deposit money from UnionBank branches
    3. Send money to any type of Eplayment Wallet account
    4. Send money to accounts from other banks and e-wallets available in the Eplayment Wallet
    5. Cash out from ATMs and UnionBank branches through the linked physical Eplayment Visa Card
    6. Purchase goods and services outside the Eplayment App via offline or online POS systems

6.3. Gold

  1. KYC verified
  2. Considered an electronic money account and is governed by BSP Circular 649
  3. Corresponds to an EON Plus UnionBank account
  4. Limits
    1. Cash In: PHP 500,000.00 monthly
    2. Balance: PHP 500,000.00
    3. Withdrawal: PHP 50,000.00 daily and PHP 500,000.00 monthly
    4. Fund Transfer: PHP 500,000.00 daily and PHP 500,000.00 monthly
    5. POS Purchase: PHP 500,000.00 daily and PHP 500,000.00 monthly
  5. Fees
    1. PHP 17.00 monthly or PHP 200.00 annually
  6. Functions
    1. Everything the Silver account can do

6.4. Platinum

  1. KYC verified
  2. Considered an electronic money account and is governed by BSP Circular 649
  3. Corresponds to an EON Pro UnionBank account
  4. Limits
    1. Cash In: PHP 1,000,000.00 monthly
    2. Balance: PHP 1,000,000.00
    3. Withdrawal: PHP 50,000.00 daily and PHP 1,000,000.00 monthly
    4. Fund Transfer: PHP 1,000,000.00 daily and PHP 1,000,000.00 monthly
    5. POS Purchase: PHP 1,000,000.00 daily and PHP 1,000,000.00 monthly
  5. Fees
    1. PHP 29.00 monthly or PHP 350.00 annually
  6. Functions
    1. Everything the Platinum account can do

7. CASH IN AND CASH OUT

You may cash in value into your Eplayment Wallet through any of the following means:

  1. Eplayment Partner Outlets;
  2. Mobile Banking Service;
  3. Peer-to-Peer Transfer;
  4. Transfer QR;
  5. UnionBank Deposit (except for Bronze Eplayment Customers).

You may cash out your Eplayment Fund to Philippine Peso through ATMs and UnionBank branches through the linked physical Eplayment Visa Card

8. REMOTE PURCHASES

When making online purchases, the Eplayment Customer is expected to conduct due diligence to determine if the persons or merchant entities he is dealing with are legitimate and reputable. Eplayment shall not be held liable and accountable for any unauthorized transactions.

Once the transaction has been authorized, you bind yourself with the merchant’s terms of sale such as but not limited to how you will receive the goods and/or services that you purchased. Eplayment is not liable and accountable for any undelivered, defective, or damaged goods and/or services.

Since you have done your due diligence, you shall be solely accountable for payment transactions you have entered into, 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.

9. BILLS PAYMENT

Payment of bills does not require a printed document from the Biller. Eplayment shall partner with MultiPay Solutions to affiliate Billers to accept payments via the “Pay Bills” menu. For this transaction, the Eplayment Customer shall select the biller to be paid, and input their payment details and the amount to be paid. Once these have been inputted, the Eplayment Customer shall see a summary page with the payment details displayed for confirmation by the Eplayment Customer. The Eplayment Customer will then confirm the transaction, upon which an SMS or email receipt with a Transaction Reference Number is sent to them as proof of payment.

Erroneous transactions, or payments sent by an Eplayment Customer to a wrong party, shall be deemed successful and shall follow a no refund policy if the erroneous transaction has been proven to be due to Eplayment Customer error after investigation (e.g. wrong account details, wrong biller). The decision of Eplayment after the investigation shall be conclusive.

10. TRANSACTION AND WALLET LIMIT

Transaction and Wallet balance limits shall be determined solely by Eplayment, pursuant to applicable laws. Limits are applied not on a per Eplayment Wallet basis but on a per Eplayment Customer basis. Limits shall be shared across all the Eplayment accounts linked to the Eplayment Customer’s Customer Profile.

11. ACTIVATION AND DEACTIVATION OF EPLAYMENT WALLET

Eplayment may introduce or deactivate Eplayment Wallet features at its sole option.

Eplayment may suspend or terminate an Eplayment Customer’s privilege to use a particular feature of the Eplayment Service, whenever it deems necessary, particularly, but not limited to occasions when there are fraudulent transactions. In case of reactivation of said feature as requested by the Eplayment Customer, a reactivation charge may apply. The approval of any reactivation request remains the sole option of Eplayment.

All KYC verified Eplayment Customers are awarded at least one Eplayment Visa Card subject to the terms and conditions of Visa.

Any Eplayment Visa Card issued to an Eplayment Customer remains the sole property of Eplayment and is non-transferable. Eplayment may suspend or terminate the use of the Eplayment Visa Card for whatever reason it deems fit. The Eplayment Customer agrees to surrender the Eplayment Visa Card upon demand by Eplayment. In the event of any suspension, termination, or confiscation of the Eplayment Visa Card, the Eplayment Customer agrees to hold Eplayment and its affiliates, board of directors, officers, and employees 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 Eplayment Visa Card, Eplayment shall not be liable for any inconvenience or damage caused to the Eplayment Customer. Moreover, Eplayment shall not be liable for any failure by Eplayment Customers to avail of Eplayment Services due to non-compliance with the application requirements.

12. LOYALTY OR REWARDS PROGRAM

Eplayment, at its sole option, shall have the option to run a Loyalty or Rewards Program on the use of the Eplayment Service. The Eplayment Customer’s rights and obligations in the program shall be covered by separate Terms and Conditions specific to the Loyalty or Rewards Program.

13. FEES, RATES, AND OTHER CHARGES

The Eplayment Customer agrees to pay all fees and charges to use the Eplayment Wallet as may be imposed by Eplayment, such as, but not limited to, Cash In, Cash Out, ATM withdrawal, and KYC account annual fees. Fees and other charges, as may be applicable, shall be inclusive of all applicable Philippine taxes and shall be debited from the Eplayment Customer’s Eplayment Wallet or paid up front.

An account becomes dormant if there has been no activity (deposit or withdrawal excluding earned interest and withholding tax imposed thereon) for a period of two (2) years. A “Notice of Dormancy” letter shall be sent to the account holder at least 60 calendar days before the account becomes dormant. Eplayment will impose a dormancy fee on a dormant account five (5) years after the last activity, provided that:

  1. the balance falls below the minimum monthly ADB, if any;
  2. the monthly dormancy fee will not exceed P30.00 in accordance with BSP regulations, and
  3. the required two notice requirement prior to charging the dormancy fee is made, as required by existing banking regulations, or as may be amended from time to time.

Aside from dormancy fee, a monthly service charge will be automatically deducted from dormant accounts every end of the month, if the account's remaining balance is below the required minimum monthly average daily balance (ADB) for at least two (2) consecutive months, or as may be required by existing BSP regulations.

After ten (10) years of continuous inactivity, dormant accounts will be reclassified to “Due to Treasurer of the Philippines”. In accordance with the Unclaimed Balance Law, the dormant account shall be escheated in favor of the Philippine Government upon order of the court. If the “unclaimed balance” has been deposited by the Bank to the Treasurer of the Philippines, the account holder will have to go directly to the Bureau of the Treasury for the proper procedure on reactivation.

Eplayment will provide the Epaygames Payment Gateway at the rates and for the fees described on the Eplayment Website. We may revise the fees at any time. In case fees are revised, Eplayment will provide the Eplayment Accredited Merchant and Epaygames Accredited Merchant with no less than 30 days advance notice of such change. In addition to the fees, you are also responsible for any penalties or fines imposed on you in relation to your account by Eplayment or any Payment Method Provider or Acquirer resulting from your use of Epaygames Payment Gateway in a manner not permitted by this agreement or a Payment Method Provider’s third party rules.

Our fees for the Epaygames Payment Gateway are exclusive of any applicable taxes, except as expressly stated to the contrary. You shall pay, indemnify, and hold Eplayment harmless from:

  1. any sales, use, excise, import or export, value-added, or similar tax or duty, and any other tax or duty not based on Eplayment’s income, and
  2. all government permit fees, customs fees and similar fees which Eplayment may incur with respect to this agreement.

Such taxes, fees and duties paid by you shall not be considered a part of, a deduction from, or an offset against, payments due to Eplayment hereunder. Additionally, you understand that we may send documents to you and tax authorities for transactions processed using the Eplayment Service. Pursuant to applicable law, we may be required to file periodic informational returns with taxing authorities in relation to your use of the Eplayment Service.

To know more about Eplayment fees, please visit Eplayment Help & Support.

14. TRANSACTION HISTORY

Upon the request of the Eplayment Customer, Eplayment shall send a copy of the Eplayment Customer’s Transaction History via email. The mere act of Eplayment in sending the Transaction History to the Eplayment Customer is a conclusive presumption that the Eplayment Customer has received the same. Eplayment shall be held free and harmless from any and all liability should the Transaction History be read by any person other than the Eplayment Customer. Neither may the Eplayment Customer thereafter raise the defense that they failed to receive the Transaction History statement.

15. DISPUTES AND ERRONEOUS TRANSACTIONS

The details in the SMS confirmation message after particular transactions including, but not limited to, Cash In, Send Money, Pay Bills, Buy Load, and Buy Game Credits, and the entries in the Transaction History are presumed true and correct unless the Eplayment Customer notifies Eplayment in writing of any discrepancy or dispute thereon within fifteen (15) days from the date of transaction. If no such dispute is reported within the said period, all transactions and the entries in the Transaction History are considered conclusively true and correct. Disputed transactions shall only be credited back to the Eplayment Wallet once the dispute has been properly investigated, and ascertained to be in favor of the Eplayment Customer. On the other hand, there shall be no reversals for transactions made through erroneous transactions made by the Eplayment Customer.

16. DEVICE, EPLAYMENT WALLET, AND EPLAYMENT VISA CARD SECURITY

The Eplayment Customer shall be responsible for the security of their device, Eplayment Wallet and/or Visa Card, MIN, MPIN, and password. All transactions made using the Eplayment Wallet and/or Visa Card are conclusively presumed to be made by the Eplayment Customer, and the Eplayment Customer shall be liable therefore.

17. LOSS OF EPLAYMENT REGISTERED MIN AND/OR EPLAYMENT VISA CARD

The security and proper care of the Eplayment registered MIN and Eplayment Visa Card, as well as the confidentiality of their MPIN and password shall be the Eplayment Customer’s sole responsibility.

In case of loss of Eplayment registered MIN and Eplayment Visa Card, the Eplayment Customer shall immediately report to Eplayment Help & Support of such loss within twenty-four (24) hours, via phone call or written report/affidavit scanned and sent through email or submitted to the Eplayment office. Suspension of the Eplayment Wallet and/or Eplayment Visa Card 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 Eplayment Customer.

A replacement MIN and/or Eplayment Visa Card may also be created at the cost of the Eplayment Customer.

18. TERMINATION OF EPLAYMENT ACCOUNT

At any time, you may discontinue your use of the Eplayment Service. Visit our Privacy Notice to understand how we handle your information accordingly. For privacy information on the Epaygames Payment Gateway, visit our Privacy Notice for Epaygames.

Termination does not immediately relieve you of obligations incurred by you under this agreement. Upon termination, you agree to:

  1. complete all pending transactions
  2. stop accepting new transactions
  3. for Epaygames Accredited Merchants, immediately remove all trademarks from your website or application (unless permitted under a separate license with the payment network), and/or
  4. for Eplayment Accredited Merchants, immediately remove all trademarks from your website or application

Your continued or renewed use of the Eplayment Service after all pending transactions have been processed serves to renew your consent to these T&Cs. If you terminate this agreement, we will pay out any remaining funds owed to you subject to these T&Cs. After termination by either party, you shall no longer have access to, and shall cease all use of the Eplayment Service. Any termination of this agreement does not relieve you of any obligations to pay any financial obligation incurred by you or through your use of the Eplayment Service prior to or after termination. In addition, all licenses granted to you by Eplayment under this agreement shall be terminated.

Should the Eplayment Customer fail to comply with the Terms and Conditions provided herein, the right to use the Eplayment Wallet and/or Eplayment Visa Card shall be terminated.

Any account with zero balance for three (3) consecutive months regardless of status, may automatically be closed by the Bank without notice.

Eplayment retains the right, at its sole discretion, and at any time, without obligation to disclose the reasons for such closure, to close any or all of the account holder’s accounts, refuse to accept any further deposits, and return to the account holder the whole or part of his deposit together with the interest due upon the same. The account holder may be notified either personally or by email. Eplayment is authorized to close accounts even without prior notice in case said accounts are:

  1. mishandled by the issuance of unfunded or insufficiently funded check(s); or
  2. involved in or used or suspected to be used for any fraudulent, criminal or unlawful activities.

19. LIMITATION ON LIABILITY

Eplayment makes no warranty, express or implied, regarding the Eplayment Service. The Eplayment 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 these Terms and Conditions.

Without limiting the generality of the foregoing, Eplayment makes no warranty:

  1. as to the content, quality, or accuracy of the data or information provided by Eplayment hereunder or received or transmitted using the Eplayment Services;
  2. as to any service or product obtained using the Eplayment Services;
  3. that the Eplayment Services will be uninterrupted or error-free; and
  4. that any particular result or information will be obtained.

Eplayment shall not be liable for any loss, cost, compensation, damage, or liability to you or any third party arising from, directly or indirectly, or as a result of any or all of the following:

  1. refusal of Eplayment, any bank, financial institution, ATM, or merchant establishment and the like to allow, accept, or honor the Eplayment account;
  2. Eplayment Service/Eplayment Wallet is honored by any bank, financial institution, ATM, or merchant establishment; however, payment transaction is not authorized, for any reason whatsoever;
  3. any delay, interruption, or termination of the Eplayment transaction whether caused by administrative error, technical, mechanical, electrical, or electronic fault or difficulty or any other reason or circumstance beyond Eplayment’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);
  4. theft or unauthorized use of Eplayment Wallet or Eplayment Visa Card or any loss, costs, damages, or payables to any third party by the Eplayment Customer;
  5. any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees, or Eplayment agents.

In the event of any action that the Eplayment Customer may file against Eplayment, the Eplayment Customer agrees that Eplayment’s liability shall not exceed ONE THOUSAND PESOS (PHP 1,000.00), or the amount of the damages actually suffered by the Eplayment Customer, whichever is lower.

20. FRAUDULENT TRANSACTIONS

20.1. Blocked Eplayment Wallet and Eplayment Visa Card

Eplayment shall have the right to automatically suspend or block the Eplayment Wallet and Eplayment Visa Card in the event that Eplayment has reason to believe that the Eplayment Customer’s Eplayment Wallet and/or Eplayment Visa Card may be used for fraudulent or suspicious transactions or by an unauthorized person. Eplayment may, but shall not have the obligation to, inform the Eplayment Customer prior to suspending or blocking the Eplayment Wallet and/or Eplayment Visa Card pursuant to this Section. The Eplayment Customer acknowledges the authority of Eplayment to suspend or block the Eplayment Wallet and/or Eplayment Visa Card and accordingly, the Eplayment Customer shall hold Eplayment free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which the Eplayment Customer may suffer as a result thereof.

20.2. Discretion

Without giving any reason or notice, and without prejudice to the other provision hereof, Eplayment has the absolute discretion to:

  1. refuse to approve any Eplayment transaction even if there is sufficient available balance;
  2. suspend, terminate or cancel the Eplayment Customer’s right to use the Eplayment Wallet and/or Eplayment Visa Card;
  3. increase or decrease the balance limit;
  4. refuse to re-issue, renew, or replace the Eplayment Visa Card; and
  5. introduce, amend, vary, restrict, terminate, or withdraw the benefits, services, facilities and privileges with respect to or in connection with the Eplayment Wallet, whether specifically relating to the Eplayment Customer or generally to all or specific Eplayment Customers.

20.3. Fraudulent Credit Card Transactions via Epaygames Payment Gateway

Each party undertakes to provide complete support and assistance to the other party in detecting, investigating and preventing any offense that may be committed, or has been committed under this agreement, by any person against Eplayment or the Epaygames Accredited Merchant. Should any prohibited practices or restricted service, fraudulent transactions, counterfeit cards, chargebacks, violation of any BSP rules and regulations, and/or similar incidents be performed by the Epaygames Accredited Merchant, Eplayment Accredited Merchant, or third party (Suspected Activity), the incident may be the subject of an investigation, at the option of Eplayment.

Where Eplayment suspects involvement of the Epaygames Accredited Merchant, Eplayment Accredited Merchant and/or its representatives in the Suspected Activity:

  1. Eplayment may investigate the matter by appointing an Investigating Officer and entrusting them with necessary powers;
  2. The Investigating Officer may investigate the records of the Epaygames Accredited Merchant or Eplayment Accredited Merchant relating to transactions of the customers and require any information or clarification from the Epaygames Accredited Merchant, Eplayment Accredited Merchant, or its representatives;
  3. Eplayment shall have the right to require and/ or ask for help of any government or outside agency in investigating frauds;
  4. Eplayment may suspend all or any of its activities at the Epaygames Accredited Merchant or Eplayment Accredited Merchant’s application, website, and other platforms, until the matter under investigation is resolved to the satisfaction of Eplayment. In order to avoid any doubt the parties agree that all payments due to the Epaygames Accredited Merchant or Eplayment Accredited Merchant shall be suspended until the matter under investigation is resolved.
  5. The Epaygames Accredited Merchant or Eplayment Accredited Merchant, upon request by Eplayment or the Investigating Officer, shall provide all information, documents and other materials to Eplayment or to the Investigating Officer pertaining to any Suspected Activity relating to transactions of the customers without undue delay;
  6. Where the Investigating Officer proves that the Epaygames Accredited Merchant, Eplayment Accredited Merchant and/ or its representatives are involved in any offense committed against.

20.4. Credit Card Chargebacks via Epaygames Payment Gateway

Notwithstanding any provision of this agreement to the contrary or any authorization given in relation to such transaction, Eplayment shall be entitled, to refuse payment to the Epaygames Accredited Merchant or Eplayment Accredited Merchant of all or part of any amount of any transaction less the discount and less applicable taxes, in case of the following events (each, a “Chargeback Event”) occurs:

  1. The cardholder disputes the nature, quality, use or fitness of the goods sold and/or services entered under the transaction, or alleges that the Epaygames Accredited Merchant or Eplayment Accredited Merchant has breached the terms of the contract of sale or service entered into between the Epaygames Accredited Merchant or Eplayment Accredited Merchant and the cardholder or any representation or warranty made by the Epaygames Accredited Merchant or Eplayment Accredited Merchant to the cardholder;
  2. The cardholder disputes or denies that the transaction was effected by him/her or the contract of sale or service with the Epaygames Accredited Merchant or Eplayment Accredited Merchant was entered into by him/her or delivery of the goods sold and/or performance of the services rendered under the transaction was received by him/her;
  3. Eplayment shall refer to the Epaygames Accredited Merchant or Eplayment Accredited Merchant all transaction/s disputed by the cardholder and Epaygames Accredited Merchant or Eplayment Accredited Merchant undertakes to resolve the dispute with the cardholder within fifteen (15) business days upon receipt of advice from Eplayment. Disputed transaction/s which the Epaygames Accredited Merchant or Eplayment Accredited Merchant has failed to resolve within the aforestated period shall be automatically charged back by Eplayment from the Epaygames Accredited Merchant or Eplayment Accredited Merchant. The contract of sale or service entered into between the Epaygames Accredited Merchant or Eplayment Accredited Merchant and the cardholder in relation to the goods and/or services rendered under the transaction is void or voidable at law, or the use of the card or the performance of any person’s obligations under such contract of sale or service involves any illegal or unlawful act. Provided, in case of voidable contract, it shall be raised by the cardholder and communicated by Eplayment to Epaygames Accredited Merchant or Eplayment Accredited Merchant within ten (10) days from the consummation of transaction;
  4. Payment in relation to the Transaction has been mistakenly or wrongly made by the cardholder to the Epaygames Accredited Merchant or Eplayment Accredited Merchant;
  5. No authorization and/or authorization code numbers were sought by and/or granted to the Epaygames Accredited Merchant or Eplayment Accredited Merchant for the transaction as required under this agreement;
  6. The card used for the transaction is not valid card and/or has been listed in any warning bulletin;
  7. The cardholder alleges that the transaction draft or charge slip has been drawn or altered without his consent or authority;
  8. The transaction draft or charge slip is not signed by the cardholder or any part of it is illegible, on the case when the transaction draft or charge slip requires cardholder’s signature;
  9. The copy of any transaction draft or charge slip or any document required to be signed by the cardholder in relation to any transaction presented to Eplayment or retained by the Epaygames Accredited Merchant or Eplayment Accredited Merchant is not identical to the copy of the same as given to the cardholder;
  10. The Epaygames Accredited Merchant or Eplayment Accredited Merchant does not furnish Eplayment the original copy of the transaction draft or charge slip or a copy of it, invoice or other document or record relating to the transaction forthwith upon request of Eplayment;
  11. The Epaygames Accredited Merchant or Eplayment Accredited Merchant does not comply with any of its obligations or the requirements under this agreement in relation to any transaction or any security measures or guidelines relating to this agreement issued by Eplayment;
  12. There has been a breach by the Epaygames Accredited Merchant or Eplayment Accredited Merchant of any other of its obligations under this agreement not specified herein, or of any other agreement entered into between the Epaygames Accredited Merchant or Eplayment Accredited Merchant, and Eplayment or non- payment or non-performance of any other obligation whatsoever owed by the Epaygames Accredited Merchant or Eplayment Accredited Merchant to Eplayment, whether or not related to this agreement;
  13. The Epaygames Accredited Merchant or Eplayment Accredited Merchant processed the same transaction more than once; or
  14. The occurrence of fraud and other events determined by card network or any other issuer and notified by Eplayment and its payment partners as a chargeback event.

If any of the foregoing Chargeback Events occur, Eplayment has the right not to accept the transactions and chargeback such amount to the Epaygames Accredited Merchant or Eplayment Accredited Merchant via a notice to them of such chargeback.

The amount corresponding to the chargeback (Chargeback Amount) shall first be applied by Eplayment against the future billings of the Epaygames Accredited Merchant or Eplayment Accredited Merchant. If no sum or payment is due to the Epaygames Accredited Merchant or Eplayment Accredited Merchant that will allow Eplayment to deduct/set-off the Chargeback Amount, Eplayment shall seek reimbursement from the Epaygames Accredited Merchant or Eplayment Accredited Merchant of the Chargeback Amount, upon which the Epaygames Accredited Merchant or Eplayment Accredited Merchant shall reimburse Eplayment within three (3) banking days from receipt of written demand. If despite receipt of such demand, Epaygames Accredited Merchant or Eplayment Accredited Merchant fails to reimburse Eplayment, Epaygames Accredited Merchant or Eplayment Accredited Merchant hereby expressly authorizes Eplayment to deduct the Chargeback Amount due without the need of demand or of any further act or deed, against any money, securities and things of value which are now or may hereinafter be in the possession of Eplayment or any of its subsidiaries and affiliates.

21. 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.

21.1. Data Collection

Eplayment shall keep all Eplayment Customer files in strictest confidence. By providing their information for the purpose of availing an Eplayment Wallet, the Eplayment Customer expressly consents to the processing of their supplied customer data, as may be applicable. Customer Data are either Personal Information or Non-Personal Information. 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:

  1. the Eplayment 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;
  2. the location of the Eplayment Customer’s device whether desktop, laptop, or mobile devices whenever the Eplayment Customer accesses the Eplayment App or the Eplayment Website; and
  3. the navigation experience when accessing the Eplayment App and the Eplayment Website to see activities done in the channels, the pages visited, and the sequence thereof.

By enabling biometrics login, Eplayment Customers allow Eplayment to use biometrics data saved in their device for the sole purpose of securing their login in the Eplayment App and Eplayment Wallet. This data shall not be used for any other purpose.

21.2. Data Usage

Without limiting the generality of the foregoing, the Eplayment Customer consents and authorizes Eplayment to store, process, disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers, and other consultants, prepaid/debit/credit bureaus or any such persons as Eplayment deems necessary, or as required by law, rule, or regulation, including but not limited to:

  1. providing the Eplayment Customer with chosen Eplayment products and services, including customer support;
  2. enhancing customer experience and improving, developing, and determining tailored products to meet Eplayment Customer preferences and needs;
  3. communicating relevant products and/or advisories to Eplayment Customers;
  4. showing relevant ads on and off the Eplayment Service and measuring the effectiveness and reach of ads and services;
  5. abiding by any safety, security, public service, or legal requirements and processes; and
  6. processing information for statistical, analytical, and research purposes.
  7. marketing your Eplayment Accredited Merchant account, Epaygames Accredited Merchant account, and/or public username in our marketing materials including, but not limited to use on the Eplayment Website, in public Eplayment Customer listings, in press releases, in partnership campaigns, and in our social media pages.

We may provide you with various information in furtherance of the Eplayment Service. Our intention in doing so is to be helpful and to make the Eplayment Service more useful to you. However, you agree that all information and suggestions that we provide to you through the Service is strictly for informational purposes and shall not be construed or relied upon in any way, and specifically shall not be construed or relied upon as professional advice of any kind. You agree that, to the fullest extent permitted by law, and as detailed above in the “Limitation on Liability” section of these T&Cs, we will not incur any liability at all whatsoever in the event that your reliance on any information provided by us results in harm or damage to you or your property.

22. DATA SHARING

You hereby consent to and authorize Eplayment, its subsidiaries and affiliates, and/or its third party partners contracted by Eplayment 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 Eplayment and its subsidiaries and affiliates, and Eplayment’s third party partners, of any and all information required by Eplayment and/or its third party partners such as, but not limited to, the following:

  1. promo subscription and redemption records;
  2. customer relationship management records;
  3. data usage records;
  4. top up and usage records;
  5. credit information;
  6. KYC data;
  7. registration data;
  8. transaction data.

In addition, you hereby agree to share your Eplayment information details, including but not limited to your 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 Eplayment’s remittance partners for purposes of service fulfillment and local and international anti-money laundering compliance requirements.

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, Eplayment.

23. VENUE OF LITIGATION

Any case or dispute arising from these terms and conditions shall be governed and litigated under the laws of the Republic of the Philippines. Venue of all suits shall be exclusively at the appropriate courts of Quezon City or at any location at the exclusive option of Eplayment.

24. NON-WAIVER OF RIGHTS

Failure, omission, or delay on the part of Eplayment to exercise its rights or remedies under these Terms and Conditions shall not operate as a waiver.

25. SEPARABILITY CLAUSE

Should any term or condition in this Agreement be rendered void, illegal, or unenforceable in any respect under any law, the validity, legality, and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

26. AGREEMENT

The Eplayment Customer agrees to be bound by the Terms and Conditions governing the issuance and use of the Eplayment Service upon the Eplayment Customer downloading, activating, or using Eplayment. Should the Eplayment Customer disagree with the Terms and Conditions, the Eplayment Customer shall cut the Eplayment Visa Card in half, if applicable, and call or provide a written notice of cancellation of their Eplayment account to Eplayment Help & Support, otherwise, the Eplayment Customer shall continue to be liable for all charges incurred through the use of the Eplayment Wallet and/or Eplayment Visa Card.

27. CONSENT

Consent given by the Eplayment Wallet holder to an affiliate for any of its services/products involving use, processing, and/or disclosure of their Eplayment account information shall be deemed to be consent given to Eplayment.

28. CUSTOMER COMPLAINTS

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, please contact Eplayment Help & Support or email us at [email protected] All information disclosed shall be treated with utmost confidentiality and will be resolved in the most efficient and effective manner.

Acceptable Use Policy

This Acceptable Use Policy is a set of rules on usage to guide Eplayment Customers on how the Eplayment Service ought to be used.

1. EPLAYMENT SERVICE

1.1. You agree to not incorporate any word in your name, message identification, or custom user title that is defamatory or slanderous, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of Eplayment. 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. We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or revoke access to the Eplayment Service for any user who is found to have infringed on the intellectual property rights of third parties, or us, or otherwise is found to have violated any intellectual property laws.

1.2. You may choose to submit comments or ideas about improvements to the Eplayment Service. If you submit these comments and ideas to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the idea. You also agree that Eplayment has no fiduciary or any other obligation to you in connection with any idea you submit to us, and that we are free to use your ideas without any attribution or compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by our employees or contractors, or obtained from other sources.

1.3. You agree to not alter, modify, or cause the alteration or modification, of the Eplayment Service, without prior written consent from Eplayment. You further agree not to use the Eplayment Service for any commercial use, without prior written authority from Eplayment.

1.4. You agree to not 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 Eplayment Service, 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 Eplayment Service.

1.5. You agree to not obtain or attempt to obtain unauthorized access to any part or feature of the Eplayment Service or to any other system or network connected to the Eplayment Service. You also agree not to collect, harvest, or otherwise gather information about others using the Eplayment Service without their explicit informed consent; nor restrict, prevent, or prohibit any other party from using the Eplayment Service, including but not limited to such actions which may tend to discourage others from using the Eplayment Service, 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.

1.6. You agree to not circumvent, disable, or otherwise interfere with security-related features of the Eplayment Service, including those that prevent or restrict use or copying of any content, material, or information available on or through the Eplayment Service, as well as those that enforce limitations on the use of the Eplayment Service.

1.7. You agree to not probe, scan, or test the vulnerability of the Eplayment Service 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 Eplayment Service, or any other customer of Eplayment including any account maintained with the Eplayment Service not owned by you, to its source, or exploit the Eplayment Service or any information made available or offered by or through the Eplayment Service, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own.

1.8. You agree to not use or access the Eplayment Service 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 Eplayment Service 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 Eplayment Service, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Eplayment Service, including use thereof for commercial purposes.

1.9. You agree to not take any form of action that imposes an unreasonable or disproportionately large load on the infrastructure of the Eplayment Service or its systems or networks, or any systems or networks connected to the Eplayment Service.

1.10. You agree to not use any device or routine to interfere or attempt to interfere with the proper working of the Eplayment Service or any transaction being conducted using the Eplayment Service, or with any other person’s use of the Eplayment Service. You agree to not engage in any activity that interferes with or disrupts the Eplayment Service or the servers and networks which are connected to the Eplayment Service.

1.11. You agree to not use the Eplayment Service 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 Eplayment 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 Eplayment Service, unless you have been specifically permitted to do so by Eplayment or by the owner of that content, material, or information in a separate agreement.

1.12. You agree to only use the Epaygames Payment Gateway to facilitate a purchase, sale, donation, order, or other transaction with your customers. You may not use the Epaygames Payment Gateway for any other purposes prohibited by this Agreement. You represent and warrant to Eplayment that each transaction that you process using the Epaygames Payment Gateway is solely in payment for your provision or sale of bona fide goods or services (including charitable services) to your customers.

2. EPLAYMENT USER CONTENT

2.1. You agree to undertake the sole responsibility and hold Eplayment free of liability to you or to any third party, for any User Content that you create, upload, transmit, or display while using the Eplayment Service. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Eplayment Service, and hereby stipulate admission of liability to Eplayment for whatever loss or damage Eplayment may suffer as a consequence of your use or misuse of the Eplayment Service.

2.2. You agree not to share, create, upload, transmit, or display using the Eplayment 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 Eplayment to use any and/or all User Content that you create, upload, transmit, or display using the Eplayment Service.

2.3. You agree not to use fictitious names and conceal true names for the purpose of concealing crime, evading the execution of a judgment, or causing damage.

2.4. You agree not to share, create, upload, transmit, or display using the Eplayment Service any material, information, or User Content which:

  1. infringes on the intellectual property, privacy, and/or publicity rights of any third party;
  2. 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; or
  3. 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.

2.5. You 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 Eplayment Service, unless the service has been specifically designed and explicitly made available for such purpose.

2.6. Where relevant, you agree 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 Eplayment Services. You represent and warrant that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize Eplayment 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 Eplayment Service, as you hereby authorize and grant Eplayment 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 Eplayment Service, in a manner Eplayment 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, rule or regulation, or making such User Content available to any third party, including Eplayment affiliates and subsidiaries, for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution, or transmission. You agree to hold Eplayment 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 Eplayment made available your User Content.

3. THIRD PARTY CONTENT AND SERVICES

3.1. The Eplayment Service contains content and resources provided by Third Party services. 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, modify, 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. Eplayment makes no representation or warranties whatsoever about any service, content, and/or any other resources provided by the Third Party.

4. RESERVED RIGHTS

4.1. We reserve, at our sole and full discretion but without obligation, the right to deny access to and/or discontinue the Eplayment Service or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice. You hereby irrevocably agree, affirm, and warrant to hold Eplayment 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 Eplayment Service.

4.2. We reserve, at our sole and full discretion but without obligation, the right to 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 Eplayment Service, 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 Eplayment 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 Eplayment Service.

4.3 We reserve, at our sole and full discretion but without obligation, the right to enhance, improve, develop, and introduce new features and functionalities to the Eplayment Service 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 Eplayment Service shall form part of the Eplayment Service as defined herein and thus shall likewise be covered by these terms and its subsequent updates, revisions, or amendments, as applicable.

4.4. We reserve, at our sole and full discretion but without obligation, the right to 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 Eplayment to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third party providers to:

  1. receive and process Eplayment’s request;
  2. favorably act at all times by producing the information requested; and
  3. provide the latter with certified digital or printed copies of the said information when requested by Eplayment.

4.5. We reserve, at our sole and full discretion but without obligation, the right to 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 Eplayment Service. Eplayment 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 Eplayment free from any liability and/or claims for indemnification or damages that may arise therefrom.

4.6. We reserve, at our sole and full discretion but without obligation, the right to set limitations to and charge fees and applicable taxes for the use of the Eplayment Service, at any time and without prior notice. You further understand and agree that Eplayment reserves the right, at its sole and full 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, or penalties.

4.7. We reserve, at our sole and full discretion but without obligation, the right 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 Eplayment reserves the right, at its sole and full discretion but without obligation, to administer and operate any of the Eplayment 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 Eplayment Service, 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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Eplayment is registered under the Bangko Sentral ng Pilipinas.

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