MyWeps Terms and Conditions

These Terms and Conditions shall govern Your use, as an activated User of the MyWeps mobile application and as an authorized registered User by MyWeps to prefund User’s Account and access MyWeps Services.

Definition of Terms

In these Terms and Conditions:

"MyWeps Services" refers to electronic mobile services that MyWeps offers through MyWeps mobile application, where User can perform various MyWeps transactions within the MyWeps Network simply by using their mobile phone wherever they have cellular network coverage.

"Account" refers to the ledger Account held with MyWeps in the User's name.

"Mobile Phone" refers to the user’s cellular network phone unit with the user’s subscriber identity module (SIM) card and corresponding 10-digit mobile number assigned to the SIM card.

"Prefunding" refers to the registered and authorized User to provide funding of the User Account to allow User to access MyWeps prescribed transactions.

"KYA" refers to the User’s compliance of the MyWeps Know Your Agent (KYA) basic pre-funding requirements to be authorized to do basic transactions such as Bill Payment, E-load, Fund Transfer (i.e. account to account, cash-in, cash-out), Balance Inquiry, Transaction History; and User’s compliance of the MyWeps regulated pre-funding requirement to be authorized to do remittance transactions (i.e. send remittance and receive remittance/payout).

"Username and Password" refers to the MyWeps system-generated initial Username and Password for the activation of User’s Account. The User is required to change initial Password to User nominated Password upon activating the User’s Account. The use of Password will also be used to authorize every transaction through MyWeps Services.

"User and/or Owner" refers to the KYA-compliant User who is a member, agent or branch/service center representative of an affiliated company or organization activated and authorized by MyWeps as part of the MyWeps Network to access the MyWeps Services.

"We", "Us", "Our", and "MyWeps" refer to MyWeps of the Philippines.

"You" and "Your" refer to the User/Owner of the Account.

Access to MyWeps

You may access Your Account through the MyWeps mobile application using Your Username and Password. User needs to comply with the KYA process to access either MyWeps basic transactions or MyWeps basic plus remittance (regulated) transactions, and has pre-funded the User Account to access any transactions.

Activation and Pre-funding of MyWeps Account

Activation is done either via MyWeps’ batch activation (systematically-activated) or by individual activation by MyWeps for qualified active members of the MyWeps Network partner/s.

Each User is required to comply with the Know Your Agent (KYA) compliance which requires User to submit specific requirements either via online (via MyWeps Website) or OTC (via a visit to the MyWeps or authorized MyWeps Network partner-business center) for KYA approval and allow pre-funding to be able to do the MyWeps basic and regulated transactions. MyWeps, at its sole discretion, reserves the right to validate the information You provided. Once MyWeps has validated Your information and approves Your KYA, MyWeps or MyWeps Network partner-business center shall authorize You to prefund Your Account and You would have access to MyWeps basic and/or regulated transactions.

Active/Inactive Account

Your Account in MyWeps will remain in full force and effect until we receive from You a written notice of its termination. Your Account if dormant or inactive in three straight months from time of activation shall be automatically terminated by MyWeps.

Service Days

MyWeps service days are Monday through Friday, except holidays. At certain times, MyWeps may not be available due to system maintenance to which an email advisory shall be released to inform its Users.

Username and Password

You shall keep Your Username and Password and other Account data confidential and secure at all times.

You agree to assume full responsibility and liability for all transactions made in Your Account through the use of Your MyWeps mobile application. It is understood that both the Username and Password are known only to You and as such, any transaction effected using Your Username and Password shall be conclusively presumed to be done by You or authorized by You.

You agree that MyWeps, at its sole discretion, is entitled to act on the instructions received from You through MyWeps after the correct entry of Your Username and Password. You further agree that MyWeps and any of its affiliates shall not be liable for acting in accordance with or based on requests/instructions received through MyWeps using Your Username and Password.

As a safety measure, You further agree and undertake to change Your Password from time to time as You deem necessary. If You believe that Your MyWeps Account, Username and Password have been compromised or breached, You shall notify the Customer Service of MyWeps immediately and shall give the latter a reasonable period to de-activate Your MyWeps Account. Your current MyWeps Account shall be suspended pending to MyWeps approval of your new MyWeps Account with new Username and Password.

You must keep Your Username and Password totally confidential and secure at all times and not to reveal it to any third party.

When choosing and changing Your Password, choose a Password which must not relate to any readily accessible data such as Your address, telephone number, driver's license, date of birth etc. and easily guessable combination of numbers. You agree not to let any unauthorized person have access to Your mobile phone or to leave Your mobile phone unattended while accessing MyWeps Services.

User Responsibility and Liability

You shall keep MyWeps customer information and data confidential and secure at all times, and shall only upload such customer information and data into the MyWeps System using only the MyWeps mobile application or web tool channel with the written or online consent of the customer.

You agree to comply and strictly follow the Know Your Customer (KYC) customer acquisition protocol, provide full transparency to the customer on product information, services and fees prior to completing any MyWeps transaction, and to administer such transaction based on transaction and/or administrative fees (“Standard Fees”) set by MyWeps and/or MyWeps Network. User request and application of an adjustment on any of the Standard Fees require a written consent from MyWeps subject to reasonable factors such as the market supply and demand, and aligned with the ongoing industry rate for the area concerned, and shall be applicable for a prescribed period only. MyWeps is further authorized to adjust the Standard Fees during promotional or marketing campaign for a prescribed period with prior notice to User via MyWeps website or User email.

You shall assume full responsibility and liability, for User representation as an authorized MyWeps mobile agent to any customer and transactions made in behalf of the customer through the use of Your Account using the MyWeps Services. If by reason of Your fault, negligence or willful misconduct, to which a customer may directly or indirectly suffer, and there is no contributory fault or negligence on the part of MyWeps and/or MyWeps Network, then You assume full responsibility, liability, and will pay to the customer all reasonable costs, actual damages and losses attributable to such suffering by customer.

Services

Any discrepancy between the billing amount and the paid amount shall not involve MyWeps or any of its affiliates. Instead, the same shall be resolved between You and the payee or customer.

MyWeps is authorized to disclose to any payee or customer, any matter pertaining to Your Account as may be necessary for the operation of MyWeps Services. For this purpose, MyWeps and its affiliates are hereby held free and harmless from any and all liabilities, claims, demands, suits of whatever nature, arising out of or in connection with such disclosure.

Payment procedures/stipulations imposed by Your payee or customer not inconsistent with any of these terms and conditions or any related documents or instruments shall be incorporated herein and made part of this agreement. MyWeps and its affiliates shall not be held liable for any adverse actions/consequences instituted by any of Your payee or customer for payments made on overdue or past due accounts, including payments for service disconnection, termination of contract, lapse of policy, and/or the like.

The bills payment service provided by MyWeps and third party partner-biller may be cancelled at any time by either party without any written prior notice of termination to You.

Authority to MyWeps

Your MyWeps transactions are permitted through MyWeps Services only after authentication of Your Username and Password and You have acquired the KYA approval and provided the Pre-funding required. Your instructions made after such authentication, provided You have acquired KYA approval and Pre-funding has been done, shall be sufficient authority to MyWeps for carrying out MyWeps transactions performed by You through the MyWeps facility. MyWeps shall have no obligation to verify the authenticity of any transaction received from You through MyWeps or purporting to have been sent by You via SMS other than by means of verification of Your Username and Password.

The SMS or email receipt that is sent to Your registered mobile number and email address at the time of operation of the MyWeps application is merely Your personal record of the operation of the MyWeps Service and shall not be construed as MyWeps’ record of the relative transactions. In case of discrepancies, MyWeps own record of transactions maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes unless any discrepancy is pointed out within a week from the date of sending the periodical statement to You.

Accuracy of Information

MyWeps will use reasonable efforts to ensure the accuracy of information accessed through MyWeps Services but does not warrant the information will be free from error. Hence, You are solely responsible for the correctness of information supplied to MyWeps through the use of MyWeps or through any other means such as electronic mail or written communication. MyWeps and its affiliates shall not be liable for the consequences arising out of erroneous information supplied by You through the MyWeps Service. If You suspect that there is an error in the information supplied to MyWeps, you shall advise MyWeps in writing as soon as possible. MyWeps will endeavor to correct the error wherever possible on a "best efforts-basis".

If You notice an error in the Account information supplied to You through MyWeps or by the use of any of the MyWeps Services, You shall advise MyWeps as soon as possible. MyWeps will endeavor to correct the error promptly and adjust any interest or charges arising out of the error.

You agree that You shall not rely on SMS or email if You need to communicate with MyWeps, such as report a lost or stolen mobile phone or any unauthorized transaction.

You agree that MyWeps may respond to You by SMS or electronic mail with regard to any matter related to the services.

General Agreements

MyWeps may, from time to time, introduce new MyWeps Services. We will inform You of these new services. By using these services when they become available, You agree to be bound by the Terms and Conditions that will be made available to You concerning these services.

MyWeps does not guarantee the continuous availability of all MyWeps Services mentioned in this agreement. MyWeps reserves the right to terminate or suspend MyWeps Services with prior notice to You.

MyWeps or any of its affiliates shall not be liable for any loss or damage of whatever nature in connection with the implementation of mobile transactions in the following instances:

You hold MyWeps and any of its officers and representatives, and any of its affiliates and/or partners, free and harmless, as well as indemnify them, from any and all liabilities, claims, damages, suits of whatever nature, arising out of or in connection with the implementation of this arrangement, including any and all errors inadvertently committed, any system-related errors resulting to MyWeps failure to effect any payment transaction that You may undertake. MyWeps will not be liable for any losses, resulting from circumstances over which MyWeps has no direct control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines or other interconnect problems, severe weather, earthquakes, floods or other such events.

Service Charges and Taxes

You agree to pay the charges that may be imposed by MyWeps when availing of services and/or products under MyWeps and the standard SMS and call rates, if any, that will apply in the course of MyWeps transactions. We will deduct the charges directly from Your Account balance as these are incurred. We are not responsible for the monitoring of Your mobile phone charges. It is Your responsibility to monitor these charges and to ensure that You have enough mobile credits to transact using the MyWeps Services. We will not be liable for dishonor of other debits to Your MyWeps Account due to insufficiency credits resulting from our deduction of any charges as authorized by Your acceptance of these terms.

You are also responsible for paying any and whatever taxes due or which may be imposed arising from availment of the MyWeps Services. You authorize MyWeps to automatically charge or debit Your MyWeps Account for any and all such taxes due.

We reserve the right to change the charges, fees, or other terms described in these Terms and Conditions.

You agree to be responsible to check the website from time to time, for any updates to these Terms and Conditions and You further agree that Your continued use of the MyWeps Service after the effectivity of any changes to the Terms and Conditions will constitute Your consent and adherence to such changes.

As always, You may choose to decline changes by discontinuing the Account or services to which these changes relate. We also reserve the option, in our business judgment, to waive, reduce or reverse charges or fees for individual situations or otherwise.

Termination of the Agreement

You may request for termination of the MyWeps Service by placing a request through our Customer Service and giving MyWeps at least two (2) MyWeps service days to process the request. You shall remain responsible for any MyWeps transactions made on Your Account/s through the service prior to the time of such cancellation of the MyWeps Service.

The Agreement comprised in these Terms and Conditions shall be deemed to remain in full force and effect if and in so far as any transaction is completed but not debited to Your Account/s prior to termination of the service. Also, termination of the MyWeps Service shall not prejudice Your liability in respect of things done or omitted to be done prior to termination thereof.

MyWeps may, for security and other reasons, withdraw the MyWeps Service anytime You are given reasonable notice under the circumstances.

The closure of all Your Account enrolled on the MyWeps Service will automatically terminate the MyWeps Service and this Agreement.

MyWeps may suspend or terminate Your Account with notice if You breach any of the terms and conditions hereof or MyWeps learns of Your death, bankruptcy or lack of legal capacity.

Miscellaneous

These terms and conditions and MyWeps service practices and charges relating thereto may be changed by MyWeps at any time by notice thereof to the Account holder. Any such changes will be effective from the date of the notice or such later date as may be specified therein. MyWeps shall endeavor to post such changes in its website at www.MyWeps.com.ph.

Should MyWeps become involved in any litigation which may have relation with this Agreement, or with any of the rights, powers and remedies hereunder, all fees and expenses incurred by MyWeps in such a litigation, including a reasonable amount for the attorney's fees which amount is hereby agreed to be at the rate of 10% of the sum sought, shall be paid by the Client.

It shall be understood that access to and use of the MyWeps Service shall be subject to applicable requirements and procedures of government or other regulatory authorities and those prescribed by law. It is further understood that you have read and is aware of the Republic Act (R.A.) 9160 (The Anti-Money Laundering Act of 2001), which took effect on 17 October 2001, R.A. No. 9194 (An Act Amending R.A. 9160) effective 23 March 2003, and the Revised Implementing Rules and Regulations (RIRR) implementing R.A. No. 9160, as amended.

It is further understood that You have freely consented for MyWeps and any of its affiliates and/or partners, such as Peppermint Innovation Limited, Peppermint Technology Pty Ltd and Peppermint.Tech Inc., to receive either in soft or hardcopy and store any personal or related information (“User Information”) You have submitted to MyWeps and/or MyWeps Network as part of the User Registration, and consents for MyWeps and/or its affiliates to process, use for marketing or data analytics or refer to related third parties the User Information, to promote other services or products, or other related purpose.

The venue of all legal actions or proceedings arising out of or in connection with these Terms and Conditions shall be brought only in the proper courts of Quezon City to the exclusion of all other venues.

You hereby agree to be governed by these terms and conditions. You hereby acknowledge to have read and fully understand the foregoing terms and conditions.


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