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Terms & Conditions

This conforme serves as a deal sheet between PUSPAWS. and the MERCHANT for the agreement covering the commercial terms below for a period of 1 year and shall be automatically renewed unless provided with a termination/disengagement notice for at least 30 days before the expiry.

COMMERCIAL TERMS:

PUSPAWS. shall provide the Pay Service, and issue, install, and/or deploy the app or use the  portal. The fees shall be based on transaction fees generated from various types of service as defined in  Annex A.

PRE-SERVICE:

Pre-Onboarding Requirements. Notwithstanding any proposal, term sheet, or application signed by the MERCHANT, PUSPAWS. reserves the right to cancel, delay, defer, or suspend delivery of the  Service if the necessary pre-onboarding requirements (as communicated to MERCHANT) are not  submitted on time or as requested. Pre-onboarding requirements include basic national and local government registrations, basic corporate or legal documentation, and other relevant documents as may be required by PUSPAWS.

Grounds for Non-Delivery of the Service. Even if Pre-Onboarding Requirements have been provided to PUSPAWS. and/or a proposal, term sheet, or an application has been signed by MERCHANT, PUSPAWS. reserves the right not to proceed with delivering the Service (or, if already  rendered, terminate or suspend the Service), among others:

(a) if it is confirmed that the MERCHANT has made a material misrepresentation or has concealed any material information in its Pre-Onboarding Requirements or in the proposal, term sheet, or application form; or

(b) if MERCHANT is later found to be ineligible for the Service under PUSPAWS.’ policies (such as when the MERCHANT is blacklisted due to poor credit standing or has a history of fraudulent acts or  practices).

SCOPE OF SERVICE:

PUSPAWS.’s Service. 

PUSPAWS. shall provide the Service by enabling PUSPAWS.’s sites, which are stores or branches owned or operated by either PUSPAWS. or the MERCHANT where the Payment facility will be installed and/or  deployed or available.

Once enabled, the AGENT, PARTNERS and MERCHANT shall be able to accept payments from customers who use the “PUSPAWS.” service app in their smartphones or portals to scan the Quick Response (QR) Code featured at the relevant Scan to Pay Site or other ways to pay using the app or the portal. 

To this end, PUSPAWS. shall provide MERCHANT with the following for each Scan to Pay or other ways to pay:

Site:

PUSPAWS. Payment facility and promotional merchandise SMS (text) message or e-mail notifications for each completed transaction, as well as capability to verify transaction status via reports generation Syntax.

• Daily/Weekly/Monthly Transaction Reports, as applicable

• Virtual PUSPAWS. Wallet and Daily Bank Settlement for Non-Individual Accounts  (within banking days only)

• One-time basic usage and troubleshooting training

• Merchant Hotline

PUSPAWS. may modify the implementation of the Payment facility at any time, subject to  timely notice of changes to MERCHANT.

USE OF THE SERVICE:

Intended purposes. MERCHANT shall use the Payment facility only for the intended purposes. The  Payment facility shall at all times be made available to the public.

USER AND DATA PRIVACY:

Information of or relating to users gathered through or on the Payment facility (including, without  limitation, any information considered “personal information” or “sensitive personal information” under  the Data Privacy Act of 2012) shall be the exclusive property of PUSPAWS. and will be dealt  with in accordance with PUSPAWS. privacy and security policies, as well as the relevant law  and regulations. Under no circumstance shall PUSPAWS. volunteer, disclose, or share to  MERCHANT any personal information or sensitive personal information pertaining to PUSPAWS. users, and in no event shall PUSPAWS. process such personal information or  sensitive personal information on behalf of MERCHANT. MERCHANT shall exert its own efforts in obtaining  any necessary personal information or sensitive personal information from its customers who are PUSPAWS. users. Above paragraphs notwithstanding, upon MERCHANT’s request, PUSPAWS. may share usage data from the Payment facility that is aggregated and/or anonymized in  such a way that individual users cannot be identified or ascertained, such as: (a) total number of  merchant’s customers who use PUSPAWS. services, (b) average amount of e-money used for  payments to the merchant, and (c) merchant’s average volume of PUSPAWS. payments per  month.

DATA SHARING:

The MERCHANT hereby consents to and authorizes PUSPAWS., and/or its third-party partners  contracted by PUSPAWS. platform to use and process data including personal data that may  be collected by conducting its operations. Use and processing of data shall include but not limited to 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.

The MERCHANT shall adhere with applicable privacy laws in the lawful and secure processing of personal  data to protect against breach of confidentiality, integrity and availability.

COMPLIANCE WITH AMLA-CTF:

In compliance with the provisions of Republic Act No. 9160, also known as the “Anti-Money Laundering  Act of 2001” (AMLA), as amended, and Republic Act No. 10168, also known as the “Terrorism Financing  Prevention and Suppression Act of 2012” (TFPSA), the MERCHANT will adhere to the strictest sense that  it will cooperate and will report to PUSPAWS. all transactions that in any way may be  connected with or in violation of the AMLA, TFPSA, and all related laws. This is to protect and preserve  the integrity of the PUSPAWS. financial system, including the confidentiality of all related  accounts, to ensure that this business engagement shall not be used as a money laundering site for the  proceeds of any unlawful activity and that the Merchant Partner will extend cooperation, consistent with  PUSPAWS.’s policy on AMLA-CTF, in investigations and prosecutions of persons involved in money laundering  activities wherever committed in conjunction with this business partnership.