ADVISORY: Effective April 30, 2021, there will be changes on PayMaya's terms and conditions to reflect PayMaya's new services & functionalities, applicable policies and regulations. New terms and conditions are reflected below, but you may still refer to the current terms & conditions HERE until April 29, 2021.

PAYMAYA TERMS AND CONDITIONS

These PayMaya Terms and Conditions shall be valid and applicable to all.

1. General Terms and Conditions

1.1 These terms and conditions (“T&C” or “Terms”) govern the terms under which you may access and use the products of PayMaya, which include the PayMaya App, PayMaya Card, Smart Padala, PayMaya Website (as applicable) and the services associated with it (together the “Service” or “Services”). By accessing, registering or using the Service, you agree to be bound by the terms of this T&C.

1.2 Under these T&C, the terms “PayMaya”, “we”, “us”, and “our” refer to PayMaya Philippines, Inc. together with its employees, directors, affiliates, successors and assigns. PayMaya Philippines, Inc. is a Filipino remittance company, electronic money issuer and operator of payment systems, duly licensed by the Bangko Sentral ng Pilipinas (BSP).

1.3 The terms “you” and “your” refer to users of the Service, as Account Holders, Cardholders, Senders, Recipients, and other applicable users of the Service.

1.4 These T&C shall be effective, valid and binding from the time that you agree to it or the time you use any of the Services, and will be in full force and effect up to the time that it is terminated by you or us, save for some provisions which shall remain effective after termination, as stated in this T&C, under any law, rule or regulation.

2. Definition of Terms

2.1 Account Holder – refers to an individual who uses the Service and whose name appears on the online form, or signed enrollment form or application form, or the Card, as may be applicable. Refers also to the Principal Account Holder.

2.2 Add Money – refers to adding/ funding money into an Account Holder’s PayMaya Account wallet, via PayMaya-accredited channels or loading centers.

2.3 Airtime – refers to the time measured by mobile phone operators (or carriers) when they measure usage. It is typically measured in minutes for voice calls but also covers text and data usage.

2.4 AMLA – refers to the Anti-Money Laundering Act, as implemented by the Anti-Money Laundering Council (AMLC) of the Philippines

2.5 Biller – refers to any accredited company authorized to accept bills payment using the Service.

2.6 Card – refers to the PayMaya Card which is a reloadable cash card issued by PayMaya and used for the payment of goods and services

2.7 Customer – refers to the individuals availing goods and/or services of a business establishment.

2.8 In-Store Payments - refers to face-to-face transactions by the account holder using the PayMaya card and/or PayMaya App.

2.9 International Remittance – is a service of PayMaya allowing Account Holders to transact international remittance with accredited channels and platforms.

2.10 KYC – or Know-Your-Customer, refers to the process of identifying and verifying the true and full identity of customers. The term is also used to refer to the anti-money laundering regulations which governs these activities.

2.11 Loading Center - interchangeable with a top-up or load-up center as it also refers to any accredited center authorized by PayMaya to perform the Service, such as PayMaya stores and Smart Padala Centers.

2.12 Merchant – refers to a business establishment, accredited by PayMaya or another financial institution to accept payments for the purchase of goods and services using PayMaya’s Service.

2.13 Message – refers to communication message sent through any channels, such as Facebook Messenger or other Phone/ Web Messaging App.

2.14 Mobile Banking Service (MBS) - service that allows subscribers to access and manage their enrolled bank accounts using the PayMaya Mobile Banking menu.

2.15 Online Payments – refers to the payment by an Account Holder to an online Merchant over the internet.

2.16 POTP – refers to the One Time PIN, which is a form of password valid for a transaction with a device or system.

2.17 Overdraft – refers to a deficit in an account caused by any financial transaction debiting money from the account that exceeds the account’s remaining and/or available balance.

2.18 PayMaya – refers to PayMaya Philippines, Inc., a remittance and transfer and electronic money issuer duly licensed and regulated by the Bangko Sentral ng Pilipinas.

2.19 PayMaya Account – refers to an account that stores Philippine Peso (Php) value in the PayMaya system which is linked to the Account Holder’s mobile phone number and which may or may not be evidenced by a physical Card. Refer also to Section 18.

2.20 PayMaya App/PayMaya Web Portal – mobile or web application that serves as the interface between the account holder and his PayMaya Account, which terms of use shall be in accordance with the Terms and Conditions and User’s Guide found in the said PayMaya App or PayMaya Web Portal.

2.21 PayMaya In-app – made or available from within a PayMaya App on a mobile device, without the need to visit a separate online site.

2.22 Payment Schemes – refer to payment networks linked to payment cards, such as debit or credit cards, of which a bank or any other eligible financial institution can become a member. By becoming a member of the scheme, the member then gets the possibility to issue or acquire cards operating on the network of that card scheme.

2.23 Peso Value - refers to the equivalent monetary value in Philippine Peso (Php) used as a basis for all account transactions in the Philippines.

2.24 Phone Messaging App - refers to software or application that enables messages to be sent and received.

2.25 PIN – refers to a Personal Identification Number

2.26 POS or Point of Sale Terminal – refers to the device or terminal used by a merchant to accept and process payments.

2.27 Recipients – refers to a person to whom money or value is paid or credited through PayMaya’s Remittance, Send Money, Bank transfers or other money sending service.

2.28 Sender/s – refers to a person who sends money using PayMaya’s Remittance, Send Money, Bank transfers or other money sending service.

2.29 Smart Padala Agents – also referred to as “Agents”, refers to a business establishment that offers various PayMaya Services such as, but not limited to, remittance, airtime load and bills payment.

2.30 Top-Up Center – refers to any accredited establishment authorized by PayMaya to perform the Service, such as but not limited to convenience stores and Smart Padala centers.

2.31 Transaction – refers to any and all acts, whether financial or non-financial, that the Account Holder does to its PayMaya Account to avail of the Services. Financial transactions are any transactions that credit or debit amounts from the Account balance, such as but not limited to, Add Money, Purchase, Bills Payment, Withdrawal, Send Money; whereas the Non-financial transactions are any other transaction that do not credit or debit from the Account balance such as but not limited to balance inquiry, logins, viewing account history and card linking.

2.32 Transaction Amount – refers to a sum of money used by an Account Holder in order to effect a Transaction

2.33 Transaction Request – refers to the request of an Account Holder to effect a Service in his/her account.

2.34 User Content – any content generated or uploaded by a user of the Services, which includes photographs, videos, music or other multimedia files, documents, information, or anything else that can be stored electronically.

2.35 User’s Guide – also the User Quick Guide, refers to the instructions provided on the functionalities of the Service issued to Account Holders and may be amended by PayMaya from time to time. User’s guide may be accessed at https://www.paymaya.com/quick-guide.

3. General Terms of Service

3.1 We are not obliged to process any particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction, we may still suspend or cancel it in our discretion.

3.2 PayMaya reserves the right to modify, suspend, stop or terminate any of its Service immediately upon notice, at any time and from time to time, within applicable laws and regulations of the Philippines.

3.3 You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service.

3.4 PayMaya reserves the right to verify any activity that is done through the Services, especially if it involves compliance with AMLA or with other laws, rules or regulations.

3.5 Delivery times as stated in our service levels or elsewhere on our website or collaterals are representative of a “normal” or average service and are not a guarantee of an individual Service or transaction time.

3.6 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; due to variations in business hours and currency availability; or otherwise to comply with applicable laws, rules or regulations.

3.7 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if: (a) PayMaya is unable to verify your identity; (b) PayMaya is unable to verify the identity of the Recipient; (c) You do not comply with information requests pursuant to clause 3.4; or (d) PayMaya reasonably believes you are using the Service, or allowing it to be used, in breach of these T&C or any applicable laws, rules or regulations.

3.8 If we have executed the Transaction in accordance with the instructions you have provided to us, and that the instructions prove to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.

3.9 PayMaya shall have the right to automatically suspend or block the transaction or any PayMaya Account in the event that PayMaya has reason to believe that the transaction or the account may be illegal or used for fraudulent or suspicious businesses or by an unauthorized person. PayMaya may, but shall not have the obligation to, inform you prior to suspending or blocking the transaction or the PayMaya Account pursuant to this clause. You acknowledge the authority of PayMaya to suspend or block the transaction and the PayMaya Account and accordingly, you shall hold PayMaya free and harmless against any and all consequences of such suspension or blocking, or any loss or damage which you may suffer as a result thereof.

3.10 Fees and other charges shall be in accordance with the Table of Fees and Charges (as shown below under Annex A) which may be subject to changes upon discretion of PayMaya and in accordance with laws, rules and regulations.

3.11 Any refund amounts will be credited back to the same PayMaya Account used to fund a refunded Transaction and in the same currency.

3.12 In order to comply with our obligations under relevant laws, we reserve the right to require further information or evidence relating to the personal information of our customers and to the purpose of any Transaction.

3.13 You authorize PayMaya and/or any of its Agents to disclose to third parties any and all information you have provided and consent to the use and processing of such information by PayMaya and or any of its agents or third parties with the transaction or any investigation in relation thereto.

3.14 PayMaya identifies the Account Holder through his/her submitted mobile number. In case this number is changed or has become inactive for more than one year, or another person represents that the same is his/her mobile number, PayMaya has the right to close the account, upon strict validation and in accordance with the existing rules on the use of a mobile number.

4. Your Obligations

4.1 You agree to abide by the obligations stated under this section. You understand that failure to abide by these obligations is subject to PayMaya applying reasonable penalties to you and your Account, including but not limited to charges, suspension and/or termination of your PayMaya Account, and proper reporting to the applicable authority of the laws, rules and regulations that govern PayMaya.

4.2 You will pay all obligations, fees and overdraft that may be imposed depending on the Service that you availed. PayMaya has the right to deduct from your PayMaya account any and all monies that may be due and demandable by PayMaya. In the event that the amount of the your transactions exceeds the available balance in your PayMaya Account (“Overdraft") and the transaction was allowed or consummated for any reason, PayMaya has the right to debit the Overdraft from your PayMaya Account by way of compensation. If the amount in your PayMaya Account is insufficient to pay for some or all of the Overdraft, PayMaya has a right to collect the Overdraft from your other accounts with PayMaya or ask you to top-up your PayMaya Account to pay for the Overdraft. Non-payment of the Overdraft after notice has been made shall allow PayMaya to either suspend or close the Account.

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

4.4 You agree not to 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 Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.

4.5 You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.

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


4.7 You agree not to probe, scan or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or any other customer of PayMaya including any account maintained with the Services not owned by you, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.

4.8 You agree to use or access the Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a “download” button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution or sale of any of the contents, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes.

4.9 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services.

4.10 You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of PayMaya. 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.

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

4.12 You undertake to provide us with: (a) true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes; (b) provide us with any identity documentations as may be requested by us; (c) provide us with details of one or more Payment Instruments; (d) provide us with true, accurate, current and complete information as we indicate on the website is required to receive the Service and any other information which may be required in relation to the Recipient; and (e) any other information that must be provided for the Service to be properly executed, as specified when you enter the details of the Service you are interested. You agree not to conceal your true name or use fictitious name , otherwise, PayMaya may file a criminal case against you for violation of penal laws of the Philippines, including the Anti-Alias Law, among others.

4.13 Once you confirm the Transaction or ask PayMaya to proceed with the Transaction, you agree that you may not cancel nor reverse such transaction. PayMaya shall proceed with crediting the account of the Recipient and once the money or fund is in the account of the Beneficiary or Recipient, PayMaya cannot reverse nor deduct such account without the proper court order or authorization.

4.14 You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes on the rights of PayMaya or others, which includes but is not limited to 1) selling, leasing or giving your Account to a third party, 2) earning monies, goods or services by performing transactions using the Services for a third party, and 3) acting as a remittance agent using the Services. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by PayMaya or by the owner of that content, material or information in a separate agreement.

4.15 You agree that you are responsible to check for update/s and will download such update/s to the PayMaya App before use. You understand that certain PayMaya App functions may not be available or disabled by PayMaya if you do not perform the needed update.

4.16 YOU AND USER CONTENT

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

4.16.2 You agree not to share, create, upload, transmit or display User Content using the Services any material, information, or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize PayMaya to use any and/or all User Content that you create, upload, transmit, or display using the Services.

4.16.3 You agree not to share, create, upload, transmit or display any material, information, or User Content, using the Services, which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in pyramid, ponzi or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose.

4.16.4 You represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize PayMaya 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 Services, as you hereby authorize and grant PayMaya 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 Services, in a manner PayMaya may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm and warrant to hold PayMaya 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 PayMaya made available your User Content.

4.16.5 Unless otherwise agreed in writing with PayMaya you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the Services. You further acknowledge, agree, and admit that PayMaya is not responsible for the actions of other users or any third party and hereby free PayMaya and waive in its favor any or whatever right or claim you or your principal may have against PayMaya relative to any User Content which you or a third party may create, upload, transmit or display using the Services.

4.16.6 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 Services.

4.16.7 You agree that by supplying its personal information for the purpose of availing yourself of the Service, you expressly consent to the processing of its supplied personal information for the purpose of creating and maintaining your account. Such consent includes authorization for PayMaya to disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers and other consultants, pre-paid/debit/credit bureaus or any such persons as PayMaya deems necessary, or as required by laws, rules or regulations.

4.17 PROPRIETARY RIGHTS

4.17.1 You understand, acknowledge and agree that PayMaya Philippines owns and retains all proprietary rights to the Services. You understand, acknowledge and agree that all content, material and information, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, material or information contained in or available through and from the Services is owned, controlled or licensed by or to PayMaya Philippines, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You further acknowledge that the Services may contain information which is designated confidential by PayMaya Philippines, and that you shall not disclose such information without PayMaya Philippines’s prior written consent.

4.17.2 You understand, acknowledge and agree that the Services are provided to you AS IS for your personal use only. Except as expressly provided in these Terms, no part of the Services and no content, material or information therefrom may be copied, reproduced, adapted, modified, translated, encoded, republished, uploaded, posted, published, publicly performed, publicly displayed, distributed, or transmitted over public networks and in various media, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without PayMaya Philippines’s express prior written consent.

4.17.3 You understand, acknowledge and agree that nothing in these Terms gives you a right to use any of the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of PayMaya Philippines. You may use information on PayMaya Philippines products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by PayMaya Philippines for downloading from or through the Services, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

4.17.4 You understand, acknowledge and agree that additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Services, including contests, promotions or other similar features, all of which terms are made part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. In case of conflict between these Terms and the terms posted for or applicable to a specific portion of the Services, the latter terms shall control with respect to your use of that portion of the Services. The obligations of PayMaya Philippines, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided and nothing in these Terms should be construed to alter such agreements.

4.18 TRADEMARK INFORMATION. All trademarks, trade names, service marks, service names are the property of their respective holders.

5.  User Representation and Warranties

5.1 By visiting and/or using the Services, you signify your agreement to these Terms and you further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between PayMaya and you.

5.2 You must be more than 18 years of age or if less than 18 years of age, must possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms, relative to the applicable laws, rules and regulations of the Philippines.

5.3 You warrant that all information you provided PayMaya are true, correct and accurate. You further warrant that in case of any change in the circumstances which affect the information you have provided to PayMaya, you shall inform PayMaya of such changes within fifteen (15) days from the occurrence of the said change.

5.4 You declare and represent that you do not have or are not using other PayMaya Accounts of the same nature and profile to perform any transactions, and avail of the Services. You also understand that you have the responsibility of declaring other Accounts you may have to PayMaya, and you authorize PayMaya to perform required actions (including but not limited to suspension of closure of the other Accounts) to ensure that you only own and use one PayMaya Account to avail of the Services. Further, for transactions to be performed using your account, you declare, represent and warrant that you, and no other persons or parties, shall input the required information as instructed in the Services, and shall initiate and complete the transaction, unless you duly authorize other persons or parties to perform transaction/s on your behalf, provided valid and lawful evidence of authorization.

5.5 By visiting and/or using the Services, you declare, represent and warrant that you understand that when using it, you will be exposed to content, material or information from a variety of sources, and that PayMaya is not responsible for the accuracy, usefulness, safety, completeness, or intellectual property rights of or relating to such content, material or information, user generated, submitted or otherwise, including those content, material or information that may be linked to it.

5.6 You further understand and acknowledge PayMaya may have or may develop and implement additional features and tie-ups with other entities. By virtue of such, you may be exposed to content that may infringe on your intellectual property rights or that of your principal; or content that may be violative of your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, 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 that these you undertake at your own risk, and you hereby agree that PayMaya shall not be responsible, liable, or accountable for any of the foregoing. You also agree to indemnify and hold PayMaya harmless to the fullest extent allowed by law regarding all matters related to or arising out of your use of the Services.

5.7 By visiting and/or using the Services, you declare, undertake and affirm that you take sole responsibility for whatever consequences that may arise out of your visit and/or use of the Services. You understand that PayMaya shall not be liable for, and you hereby hold PayMaya free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, the Services. On the other hand, you declare, undertake and affirm that you shall indemnify PayMaya for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Services contrary to this Terms and Conditions. You further agree, undertake, and commit to indemnify PayMaya for any breach of its proprietary and other rights, including breach of these Terms, which you may commit in the course of or arising out of your use of the Services.

5.8 You further declare, represent and warrant that you are aware that any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to your User Content without prior notice and without need of explicit consent from you anymore as you now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and obligation to respect uphold and honor any intellectual property rights which may cover such any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services.

5.9 You acknowledge that any User Content which you create, upload, transmit, or display while using the Services may become publicly available, whether or not intended by you or by PayMaya for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information or content which you create, upload, transmit or display using the Services. By visiting and/or using the Services, you hereby declare, acknowledge, and affirm to hold PayMaya free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, as a result of your act of giving information, including personal information, password or codes to generate transactions in your PayMaya Account, whether voluntary or involuntary.

5.10 You also acknowledge that you are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to PayMaya and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities you may have incurred or may still incur relative to your use of the Services, as such provisions of these Terms and Conditions that apply to acts done prior to termination shall survive your termination of your account with PayMaya.

6. Reserved Rights

6.1 You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to deny access to and/or discontinue the Services or any component thereof to anyone at any time, temporarily or permanently, without giving any reason and/or prior notice to you. You hereby irrevocably agree, affirm and warrant to hold PayMaya 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 Services.

6.2 You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, 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 Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold PayMaya 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 Services.

6.3 You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.

6.4 You understand and agree that PayMaya reserves the right, at its sole discretion, 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 PayMaya to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process PayMaya Philippine’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by PayMaya provide the latter with certified digital or printed copies of the said information.

6.5 You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, 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 Services and PayMaya. PayMaya 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 PayMaya free from any liability and/or claims for indemnification or damages that may arise there from.

6.6 You understand and agree that PayMaya reserves the right, at its sole discretion, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and upon prior notice. You further understand and agree that PayMaya reserves the right, at its sole discretion and under no obligation, upon notice, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and with prior written notice to you thirty (30) days prior to effective date of change in fees / charges /penalties.

6.7 You understand and agree that PayMaya reserves the right to withhold or set-off transactions or benefits if PayMaya suspects or proves that your Account/Card is compromised or deemed fraudulent, or if PayMaya suspects or proves that you are abusing or gamifying the Services. Further, you hereby irrevocably constitute and appoint us as your attorney-in-fact, with full power and authority and without prior notice, to set-off or apply to the payment of your obligations from any funds which you, PayMaya or PayMaya’s subsidiaries and affiliates may have deposited or placed in your wallet or any account with us, which we may have in our possession or control including but not limited to money added to your PayMaya Account. Your obligations may come from overdrafts, or if there is reasonable proof that the money was placed through gamifying promo/s of PayMaya, or unused amounts to be used up, in accordance with PayMaya's promo, or other such cases deemed as gamification or abuse of PayMaya’s products and services.

6.8 You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms, effective immediately upon notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.

6.9 You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms, including but not limited to performing investigation and legal actions with law enforcement agencies regarding the Account Holder. Non-enforcement of any of the rights of PayMaya under these Terms, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by PayMaya by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify PayMaya or any third party for any damage PayMaya or said third party may sustain as a result of your use of the Services.

6.10 You understand and agree that PayMaya reserves the right, at its sole discretion but without obligation, 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 PayMaya reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold PayMaya free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

7. Third Party Content and Services

7.1 The Services contain content provided by third party services and resources. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such Third-Party Services; or the content, products, or services available on or through such Third-Party Services. 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.

7.2 You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third-Party Services.

7.3 PayMaya makes no representation or warranties whatsoever about any service, content and/or any other resources provided by the Third Party.

8. Add Money

8.1 Add Money shall refer to the ability of an account holder to fund money in his/her PayMaya Account through accredited channels, where Channels refer to entities where your PayMaya Account can be loaded.

8.2 These Channels are listed in the PayMaya App or Website. Instructions on how to Add Money through each Channel are stated when you click on each Channel's mark (e.g., Logo, Name). PayMaya has the right to add or remove Channels in this feature at any time and without prior notice to the account holder.

8.3 This feature is provided on an "as is, where is" basis and PayMaya makes no representations nor warranties on the safety, accuracy, or harmful components of this feature when used with a Channel's application or system.

8.4 PayMaya shall accept all the information entered by the account holder as true and correct once a transaction is accepted by the Channel and PayMaya or vice versa and shall be conclusive against the account holder.

8.5 PayMaya shall have the right to establish security features on the use of Add Money, such as, but not limited to limitation on the number of attempts, limit on the number of daily/ periodical successful transactions, required 3D Secure or Vault features on card schemes and other features that will secure the use of Add Money by the account holder. However, account holder shall be responsible for the security of its Add Money transaction and shall hold PayMaya free from any liabilities from any theft or mistake in the transfer of money.

9. Loyalty Program

9.1 PayMaya, at its sole option, shall run a Loyalty Program on the use of the Service. Your right and obligation in the Loyalty Program shall be covered by the Terms and Conditions specific to the Loyalty Program.

10. Fees, Rates and Other Charges

10.1 You agree to pay fees, rates and other charges and applicable taxes, related to the Service and its use, as may be imposed by PayMaya.

10.2 All Fees are non-refundable.

10.3 Fees and other charges, as may be applicable, shall be inclusive of all applicable Philippine taxes and shall be debited from the Account Holder’s PayMaya Account or paid upfront.

10.4 Should these fees and other charges result in a debit balance in the Account Holder’s PayMaya Account, the amount shall be due and demandable from the Account Holder and/or debited from the PayMaya account upon the availability or replenishment of funds thereof without prior notice.

10.5 The amount of fees and charges may be revised from time to time as PayMaya may deem necessary, effective immediately upon notice to Account Holders.

10.6 Standard carrier fees may be charged by Account Holder’s telecommunications service provider against Account Holder’s prepaid phone balance or postpaid phone account when using the PayMaya Account for various transactions, such as but not limited to balance inquiry, over-the-air loading, ‘remote/off-site’ purchases, Account-to-Account transfer.

11. Inactivity and Dormancy

11.1 An account is considered Inactive when it meets any of the following conditions:

11.1.1 Account does not have any Account Holder-initiated financial transaction for a period of one (1) year from date of last transaction despite reminder from PayMaya.

11.1.2 Account is not renewed or terminated for any reason and the Account Holder does not claim the money in the Account, for the same period of time.

11.2 PayMaya reserves the right to charge a maintenance service fee for such Inactive accounts until any of the following actions or conditions are met: 1) Account Holder initiates a financial transaction using the Inactive Account, 2) Account Holder undergoes and passes KYC conducted by PayMaya, or 3) Inactive Account remains inactive for five (5) years in which PayMaya shall thereafter deem the Account as Dormant.

11.3 If Account remains Inactive for five (5) years from last Account Holder-initiated financial transaction, PayMaya shall deem Account as Dormant, and reserves the right to limit the Account’s functionalities and charge a dormancy fee thereafter, in accordance with the Table of Fees and Charges. The Account Holder may claim the Dormant Account accordingly by undergoing and passing KYC conducted by PayMaya.

11.4 In case of dormancy, the Account may be zeroed out as a result of fees charged. In this case, PayMaya shall have the discretion to close or purge the account in accordance with the applicable laws, rules and regulations.

12. SMS - Short Message Services and Phone Messaging

This section applies to an Account Holder who signs up for “SMS“(Short Message Service), including Text Alerts and/or Phone Messaging App: 12.1 An Account Holder agrees and authorizes PayMaya to send promotional advertisements of its and of PayMaya partners’ products and services through mail, short messaging service, multimedia messaging services, electronic mail and other forms of telecommunication, unless it has notified PayMaya otherwise.

12.2 We may send notifications in relation to Transactions by SMS. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, our Service Fee, exchange rate and the date on which the Transaction Request was received.

12.3 The details in the Messenger notification/SMS/Text confirmation message after every transaction and/or the entries in the Statement of Transactions, for PayMaya Account, are presumed true and correct unless you notify the Service PayMaya Hotline in writing of any dispute thereon within fifteen (15) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries are deemed true and correct. Disputed transactions shall only be credited back once the claim/dispute has been properly processed, investigated, and proven to be in favor of the Account Holder. The Account Holder shall pay a corresponding processing fee for each sales slip retrieved upon the request of the Account Holder or by PayMaya arising from an invalid dispute.

12.4 An Account Holder shall abide and be bound by the instructions and/or procedures of PayMaya during the use of SMS and/or Messages. The Account Holder shall have no claim, recourse or remedy against PayMaya for any loss, damage and expense incurred arising from non-compliance with such instructions and/or procedures.

12.5 PayMaya is entitled to effect any changes to SMS and/or Messages, suspend and/or terminate SMS and/or Messages and to vary SMS and/or Messages at any time upon its sole and absolute discretion without assigning any reason and without prejudice to any of its rights of action for any antecedent breach of these terms and conditions by an Account Holder.

12.6 An Account Holder may request to terminate the use of SMS Alerts by giving PayMaya written notice by e-mail to support@paymaya.com.

12.7 An Account Holder hereby irrevocably agree to hold free and harmless PayMaya and indemnify PayMaya against all actions, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature as a result of agreeing to this section. PayMaya shall in no way be liable to Account Holder for any action/s it takes in reliance on SMS Alerts purporting to be from PayMaya, but does not proceed from PayMaya’s official SMS Alert number.

13. Smart Padala

Smart Padala is PayMaya’s remittance service wherein Sender may send money to any mobile network in the Philippines through PayMaya’s Smart Padala Agents located nationwide which money may be claimed by the designated Recipient from the Smart Padala Agent or through the Recipient’s mobile wallet account. 13.1 As applicable to our Service, we will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Smart Padala Agents by means of information on our website. However, you agree that PayMaya shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.

13.2 In addition to the foregoing provisions, additional terms and conditions shall be applicable to Smart Padala customers. When availing of Smart Padala services, please refer to the Terms and Conditions (https://smartpadala.ph/smart-padala-terms/) for Smart Padala customers.

14. Bills Payment

14.1 Payment of bills to accredited billers listed in the App using funds from PayMaya shall be available. PayMaya reserves the right to make available the bills payment feature in its application and to add and remove the billers available therein.

14.2 Payment of bills does not require a printed receipt from the Biller. The act of paying a biller to a biller’s PayMaya Account and input of the password and/or other authorization means for the purposes of authorizing a payment, or unlocking for internet transactions, or payment made through PayMaya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel shall be sufficient evidence that the payment made has been authorized, validated, and cannot be disputed by the Account Holder. Once the transaction has been authorized and consummated, PayMaya shall not be held liable for any undelivered goods and non-performance of services, defects, damages, and after-sales services of such goods and/or services, any error in the amount keyed-in or entered, and/or any other dispute between the biller and the Account Holder arising from such payment. PayMaya shall reasonably address and/or assist the Customer on concerns or disputes on involved Transactions, within PayMaya’s capabilities, terms of use, and applicable policies, laws and regulations, and may impose fees when applicable.

14.3 The PayMaya reference number in the SMS confirmation and In-App transaction logs shall be the Account Holder’s proof of payment.

14.4 All bills payment transactions shall be in accordance with the terms of use as stated herein.

15. Load Purchases

15.1 Purchase of airtime and other digital products (e.g., lifestyle vouchers, gaming pins, subscription payments) from PayMaya’s accredited Merchants shall be available.

15.2 If Account Holder transacts through PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel, once transaction is acknowledged by PayMaya, this shall be sufficient evidence that the payment made has been authorized, validated, and cannot be disputed by the Account Holder. Once the transaction has been authorized and consummated, PayMaya shall not be held liable for any undelivered goods and non-performance of services, defects, damages, and after-sales services of such goods and/or services, any error in the amount keyed-in or entered, and/or any other dispute between PayMaya’s accredited load service provider and the Account Holder arising from such payment. PayMaya shall reasonably address and/or assist the Customer on concerns or disputes on involved Transactions, within PayMaya’s capabilities, terms of use, and applicable policies, laws and regulations, and may impose fees when applicable.

15.3 The PayMaya reference number in the SMS confirmation shall be the Account Holder’s proof of payment.

16. Mobile Payments

16.1 Payment for goods or services to Merchants using funds from PayMaya account shall be available.

16.2 If Account Holder transacts through PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel, once transaction is acknowledged by PayMaya, this shall be a sufficient evidence that the payment and/or any activity has been made and validated and cannot be disputed by the Account Holder. The reference number in the SMS confirmation shall be the Account Holder’s proof of payment for the goods or services.

16.3 The PayMaya reference number in the SMS confirmation and/or In-app Transaction Logs shall be the Account Holder’s proof of payment.

17. Add Money for International Account Holders

17.1 If Account Holder is now or at any time subsequent to the opening of a PayMaya Account, a nonresident of the Philippines or an entity that is not doing business in the Philippines, the Account Holder affirms and acknowledges that his PayMaya Account can only be funded by: (a) Philippine currency proceeds of foreign currency inwardly remitted to the Philippines; and/or (b) by foreign currency sold for Philippine currency and/or proceeds from the conversion of account holder’s real or personal property located in the Philippines. Account Holder agrees that each time he will make or cause to be made a deposit, transfer or remittance of funds into his/her account, he is deemed to make the above representations and may be required by us to present any of the following:

17.1.1 Certificate of Inward Remittance, telegraphic transfer advice or other proof acceptable to PayMaya that the funds deposited, transferred or remitted were sourced from inward remittance of foreign currency;

17.1.2 Proof of conversion of foreign currency to Philippine currency; and/or

17.1.3 Deed of conveyance or similar instrument, duly executed, evidencing the conversion of real or personal property, and reflecting the amount of the consideration for the conversion.

17.1.4 Account Holder affirms and acknowledges that PayMaya may refuse to accept any deposit, transfer, or remittance of funds into your PayMaya Account without prior notice, as a result of your failure to present the above described documents or due to any fraudulent or suspicious activity Account Holder agrees that he shall not hold PayMaya liable for any loss, damage, and/or expense which you may incur as a result of PayMaya’s refusal to accept the funds for whatever reason.

18. PayMaya Account

18.1 The PayMaya Account is a reloadable electronic wallet that stores Philippine Peso (Php), redeemable only at face value. The value loaded into the PayMaya Account may be used to purchase goods and services via In-app Shop, QR, POS or Online Payments for a Merchant honoring Payment Schemes, or other applicable payment channels. It shall not earn interest nor monetary rewards and other similar incentives convertible to cash, nor shall any monetary amount be purchased at a discount. It is not a depository account hence, is not covered by the Philippine Deposit Insurance Corporation (PDIC). It shall be treated as a personal account of the Account Holder and shall not be used to engage in the business of remittance or for any other business purposes, except upon execution of a written agreement with PayMaya allowing such. It is subject to the rules and regulations of the Bangko Sentral ng Pilipinas (BSP) and the Anti-Money Laundering Act (AMLA) and the Data Privacy Act; wherein penalties and consequences arising from violations to the rules and regulations of BSP, AMLA and the Data Privacy Act made by the Account Holder shall be under the liability of the Account Holder.

18.2 PAYMAYA CARD. You have the option to get a physical Card by purchasing it from the In-app Shop, partner retail channels and other channels which PayMaya may make available. If you choose to order in the In-app Shop, Card shall be delivered, when available, to your registered address.

You must link the Card to your own Account immediately. Card linking shall be subject to the imposed security features set forth by PayMaya.

18.2.1 To protect you from any adverse incidents related to the Card, you must:
(a) Sign the Card as soon as received;
(b) Keep Card in a secure place and treat it with care, as if it was cash;
(c) Make sure the Card is returned by any merchant promptly after a Transaction;
(d) When the PIN notification is received, memorize the PIN and destroy the notification;
(e) Make sure the PIN is not seen/read by any other person when being used in the presence of others;
(f) Change the PIN regularly;
(g) If the PIN is or may have been seen by any other person, change it immediately;
(h) Do not write down or keep PIN on or close to the Card. If you must, disguise and record the PIN securely;
(i) Do not share, allow any other person to use the Card or PIN.
(j) Remember that PayMaya shall never ask for your Card information, Passwords, OTPs and PINs.
(k) To fully comply and abide by (i) the terms and conditions governing the use of the card, and (ii) laws, statutes and regulations and BSP Circulars relevant to electronic money (e-money)

18.2.2 You shall be responsible in supplying the correct, updated and accurate information in order for PayMaya to process the Transaction. PayMaya shall solely depend on the information given by the Account Holder, any loss or damage suffered by the error, mistake or incorrect debit/credit in the Transaction, as a result of the information given, shall be borne by the Account Holder.

18.2.3 All Transactions made using the Card are conclusively presumed made by you and you shall be responsible, therefore. You have the option to change your PIN/password from time to time or when you suspect the possibility of unauthorized present or future use of the account.

18.2.4 Payments using a PayMaya Card are limited to In-store and online Payments.

18.2.5 The Card is owned by PayMaya and it is not transferable and will be honored by Merchants only when properly signed and presented by a Cardholder in good standing, and the Cardholder signs the required charge invoice or keys-in the card PIN, if purchase is in person.

18.2.6 An Account Holder is in good standing if all of the required documents and proper KYC has been complied with, and his/her privilege to use the Card is not suspended, canceled, terminated, withdrawn or confiscated and has not expired.

18.2.7 The privileges of the Card may be suspended, canceled or terminated by PayMaya at any time and for whatever cause, and the Account Holder agrees to surrender his/her Card upon demand to any PayMaya office and/or branch or to its duly authorized representative.

18.2.8 Issued cards shall be for the direct use of the Account Holder and shall be held in their own name if Account Holder’s name and/or details are on the Card, and/or if received and linked to the Account Holder’s account. Account Holder is prohibited to re-offer Cards issued under their name, and is prohibited to re-sell any Cards, regardless if issued under their name or is a generic card.

18.2.9 The Card shall not be used for anything other than what it is intended for (e.g. valid payment transactions, PayMaya ID Card - for regular Card Use and identification in the school, workplace or other sites with necessary authorization) and the Account Holder will bear the risk of any breach in the use of the Card.

18.2.10 ATM Usage. The Card may be used in any Automatic Teller Machine (ATM), provided that: (a) ATM accepts BancNet, Visa, MasterCard or other Card Network which are or may subsequestly be accredited or authorized by PayMaya; and (b) Account Holder complies with the additional requirements of KYC and AML rules and other procedure. All ATM transactions are treated as cash withdrawal transactions, hence, subject to charges as applicable to the bank which owns the ATM.

18.2.11 Loss or theft of PayMaya card. In case of loss or theft of any of his/her PayMaya Card/s, the Account Holder shall immediately block the card using his/her PayMaya App, Web Portal, or Platform, or access through an accredited Third-Party platform or channel. In case the Account Holder does not have access to a PayMaya App, Web Portal, or Platform, or access through an accredited Third-Party platform or channel, the Account Holder shall immediately inform PayMaya through the Service Hotline of such loss or theft immediately, via telephone or thru a written report. Cancellation of the PayMaya Service/Card shall be processed only upon proper authentication of the phone call or the signature in the written report, as the case may be. Such report shall give details of the place, date, time and circumstances of the incident and the last purchase/s and/or transaction/s made prior to the loss or theft of card. All purchases and transactions made through the use of the service prior to the report of loss or theft shall continue to be the liability of the Account Holder. A replacement of the PayMaya card may also be created and delivered to the Account Holder, at the cost of the Account Holder. The remaining Peso Value in the cancelled PayMaya Card may be accessed through the App and through a new card which may be linked to the App.

18.2.12 Without giving any reason or notice, without prejudice to the other provisions hereof, but within applicable reason, laws and regulations, PayMaya has the absolute discretion (a) to refuse to approve any proposed Card transaction even if there is sufficient available balance; (b) to suspend, terminate or cancel the Account Holder’s right to use the Card; (c) to increase or decrease the balance limit; (d) to refuse to reissue, renew or replace the Card and/or (e) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services, facilities and privileges with respect to or in connection with the Card account, whether specifically relating to the Account Holder or generally to all or specific Account Holders.

18.3 LOADING VALUE. Account Holders may use his/her PayMaya Account by loading their accounts through Send Money from a PayMaya Account, the Mobile Banking Service (MBS) or via accredited Top-Up Centers or accredited Merchants, or other available channels accredited by PayMaya.

18.3.1 PayMaya reserves the right to impose a minimum and/or maximum amount per load, per account, depending on business needs and applicable law, rules and regulations.

18.3.2 The value loaded into the PayMaya Account may be withdrawn through participating ATMs (as stated in paragraph above) or other accredited money out channels, subject to withdrawal amount limits, PayMaya fees, ATM fees and other fees as may be applicable, provided that the Account Holder is eligible for withdrawal of the value loaded in the Account (i.e., Account Holder has undergone and passed KYC). The applicable charges and fees shall be automatically deducted from the balance in the account.

18.4 SEND MONEY. An Account Holder may transfer value from his/her PayMaya Account to another PayMaya Account and/or other accredited partners using the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel, provided that he/she has undergone and passed KYC. Once authenticated and logged-in to the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel and once the transfer is consummated therein, the transfer of any value and/or any activity is deemed valid and cannot be disputed by the Account Holder.

18.4.1 The transfer of value is subject to send money amount limits set by PayMaya within reasonable cause and within applicable laws and regulations. Transfers are subject to security features such as, but not limited to, limitation in number of successful transactions, limits in amount to be transferred and may depend on various factors including platform, channel and product.

18.4.2 Where applicable, recipients of transfer of value or amounts have a limited time to accept the transaction or may themselves cancel the transfer. Once cancelled, or the time allotted has lapsed or expired, the transfer of value will no longer be received, and cannot be disputed by the Account Holder. The Account Holder may notify Service Hotline via telephone or any written notice of any request for balance transfers with a corresponding limit mandated by PayMaya. The request shall be considered valid and final upon authentication of user, based on PayMaya verification process. Verification process may be through a Hotline security verification process or verification via the PayMaya In app messaging facility. Fees may be applicable when using this service. Waiver of fees shall be at the discretion of PayMaya which may be changed upon notice to the User. Transfers shall be final once you confirm transfer in the PayMaya platform.

To process your request, PayMaya shall collect personal information each time you send money to another bank account, including the recipient’s personal information, account number and recipient’s mobile number and purpose of the transaction. Gathering this information help us carry out the obligation to credit the funds to the right recipient. This information shall also be shared to your recipient’s bank in order to fulfill the fund transfer request.

18.5 ‘REMOTE’ / ‘OFF-SITE’ PURCHASES. Payments for goods and services performed ‘off-site’, such as but not limited to access through the Mobile Phone, Phone Messaging App, landline telephone, and internet, where Account Holder is not physically present in the Merchant’s premises when making a purchase, will not require the Account Holder’s signature in the Merchant’s transaction slip. The act of payment to the Merchant and the keying in of the card payment details (e.g., card number, expiration date, card verification code), password, and/or authorization code for the purposes of authorizing a transfer, or unlocking for internet transactions, shall be sufficient evidence that the payment made has been authorized, validated, and cannot be disputed by the Account Holder.

18.5.1 Once the payment transaction has been authorized and consummated, PayMaya shall not be held liable for any undelivered goods or non-performance of services, defects, damages, and after-sales services of such goods and/or services, and/or any other dispute between the biller and the Account Holder arising from such payment. PayMaya will, however, where applicable, provide assistance to the Account Holder in resolving any disputes, subject to any applicable assistance fees or charges which shall be communicated to the Account Holder prior assistance.

18.6 DISPUTES OF UNAUTHORIZED TRANSACTIONS. Transactions are authorized when either one or all of the following conditions are met: a) the Account Holder’s signature appears on or is affixed on the sales slip for POS transactions; b) the password/authorization code is successfully keyed-in for e-commerce, electronic and/or cellular phone-based transactions; c) SMS is sent from the Account Holder’s Mobile Phone; d) when the Account Holder has successfully unlocked his/her PayMaya Account for internet transactions; e) when the Account Holder has successfully entered his/her payment details (e.g., card account number, expiration date, card verification code); or f) once a user is authenticated and logged-in to the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third Party platform or channel. This shall be sufficient evidence that any and all activity has been made and validated and cannot be disputed by the Account Holder.

18.7 STATEMENT OF TRANSACTION. Statement of Transactions as viewed in the PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel shall be a conclusive account of Account Holder’s transaction.

18.7.1 The Account Holder at any time may view his/her statement of transactions by logging-in to the PayMaya Account. The mere act of PayMaya, making the Statement of Transactions viewable at any time via PayMaya App, Web Portal, or Platform, or accessed through an accredited Third-Party platform or channel, is conclusive presumption that the Account Holder has received the same. PayMaya shall be held free and harmless from any and all liability should the Statement of Transactions be read by a person other than the Account Holder. Neither may the Account Holder, thereafter, raise the defense that he/she failed to receive the Statement of Transactions.

18.7.2 In all instances, the Account Holder may inquire about the Statement of Transactions by contacting the PayMaya Hotline. Any dispute shall be handled in accordance with clause 18.6 above.

18.8 CHANGE OF PERSONAL INFORMATION.

18.8.1 The Account Holder shall immediately notify PayMaya Hotline via telephone or a written notice of any change in his/her residence, office or mailing address and/or telephone number/s, which shall be subject to verification by PayMaya through presentation of proper documents such as, but not limited to true copies of certification from the NSO, marriage certificate, or court order, as proof or evidence of such change. The request shall be considered valid and final upon authentication of user, based on PayMaya’s verification process. Verification process may be through a Hotline security verification process or verification via the PayMaya In app messaging facility.

18.8.2 As applicable, Account Holder may also change their personal information via the App, following the instructions and security measures set by PayMaya. The request shall be considered valid and final upon authentication of user, based on PayMaya’s verification process.

18.9 EXPIRY, RENEWAL, REINSTATEMENT, CANCELLATION OF ACCOUNT

18.9.1 For PayMaya cards, whether virtual or physical card, Accountholder shall not be able to use the card after the expiry date indicated. For physical cards, Account holder shall renew his/her card by acquisition of the new physical cards via PayMaya’s online shop, accredited merchants or third-party accredited institution. For virtual cards, Account holder must be eligible for renewal within PayMaya’s internal policies which consider applicable business rules, laws and regulations, wherein Accountholder may need to perform additional activities (e.g., verification, financial transactions) to be able to renew his/her virtual card.

18.9.2 Termination of PayMaya Service. Should the Account Holder: (a) fail to comply with the T&C provided herein or for any reason fail to renew the PayMaya Account; (b) have his/her PayMaya Account not renewed by PayMaya; (c) have his/her account be found to contain suspicious/fraudulent activity; or (d) however evidenced, dies or becomes insolvent, the right to use the PayMaya account may be suspended or terminated without prior notice. PayMaya, however, shall provide information and/or instruction to the Account Holder regarding the suspension/ termination at the appropriate time.

18.9.3 PayMaya at its exclusive option and without giving any reason and/or prior notice to the Account Holder may block, suspend, cancel and withdraw or terminate the Card/ Account issued and/or its privileges at any time for whatever reason, including but not limited to Account Holder’s default, non-payment, financial incapacity, change in personal and/or economic circumstance, change in residency status or country or territory of stay, failure to provide additional documents requested by PayMaya, misrepresentation and fraud.

18.9.4 In all instances, the Account Holder’s continued use upon suspension, termination or expiration shall be considered a fraudulent act and will be a ground for criminal action.

18.9.5 In all instances, any aggregate and unpaid charges, fees and other expenses for which the Account Holder is liable shall immediately become due without need of demand and may be immediately debited without prior notice from any remaining funds, money, assets of the aforementioned Account Holder.

18.9.6 The Account Holder agrees to surrender the Card upon demand by PayMaya. In the event of any suspension, termination or confiscation of the Service, the Account Holder agrees to hold PayMaya free and harmless from any claim, damages, loss, expense, suit or liability whatsoever, arising from such suspension, termination or confiscation.

19. Exclusion from Liability

19.1 PayMaya makes no warranty, express or implied, regarding the performance or functionalities of the Service offered hereunder.

19.2 The Service is offered on an “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this T&C. Without limiting the generality of the foregoing, PayMaya makes no warranty (1) as to the content, quality or accuracy of data or information received and transmitted using the PayMaya service functionalities; (2) as to any service or product obtained using PayMaya’s Service functionalities; (3) that the Service will be uninterrupted or error-free; or (4) that any particular result or information will be obtained from availing PayMaya’s Services.

19.3 PayMaya shall not be liable for any loss, costs, compensation, damage or liability to the Account Holder or third party arising directly or indirectly as a result of any or all of the following:

19.3.1 Refusal of PayMaya or any other financial institution, ATM or Merchant and the like to allow, accept or honor the PayMaya card/account, even if there is sufficient balance available. Refusal of PayMaya to allow, accept or honor the PayMaya card/ account is subject to reasonable causes for the protection of the Accountholder, PayMaya or other affected entities, and/or in compliance with applicable laws and policies.

19.3.2 If PayMaya does not approve any service transactions or settlement under the Service of the Account Holder even if there is sufficient balance limit available, subject to reasonable causes for the protection of the Accountholder, PayMaya or other affected entities, and/or in compliance with applicable laws and policies.

19.3.3 The Service is honored by any other bank, financial institution, ATM or Merchant, however payment transaction is not authorized for any reason whatsoever.

19.3.4 Any defective product or quality of service purchased through the Service.

19.3.5 Adjustments or reversals caused by incorrect, missed or misdirected credit to the PayMaya Account.

19.3.6 Account Holder is unable to perform or complete any transaction thru the use of phone,service online payments or other transaction platforms due to service/system/line unavailability.

19.3.7 Any delay, interruption or termination of the Service transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond PayMaya’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).

19.3.8 Theft or unauthorized use of the PayMaya account/card or Service, and/or any loss, costs, damages or payable to any third party by the Account Holder, or any failure by the Account Holder to avail itself of the Service for any reason whatsoever.

19.3.9 Any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees or agents of Top-Up Centers.

19.3.10 Possible data breach or exposure when using the Card, Account and/or Service, including but not limited to Card/ Account details, and personal information.

19.4 LIMITATION OF LIABILITY. In the event of any action that the Account Holder may file against the PayMaya, the Account Holder agrees that the PayMaya’s liability shall not exceed One Thousand Pesos (P1,000.00) or the amount of damages actually suffered by the Account Holder, whichever is lower.

20. Data Privacy Statement

The Account Holder agrees and binds himself to the Privacy Policy and Data Privacy Statement of PayMaya found in this site: https://www.paymaya.com/privacy.

21. Governing Law and Venue of Litigation

This terms and condition shall be construed and governed in accordance with the laws of the Philippines.

You understand and agree that these Terms including all disputes relative to your use of the Services shall be governed by the laws of the Republic of the Philippines without regard to conflict of laws provisions. In case of any dispute arising out of these Terms or your use of the Services, you hereby agree, undertake and commit to resolve or attempt to resolve such dispute promptly and in good faith. In case of failure to resolve any such dispute, you agree to the jurisdiction by and venue in the appropriate courts of Makati City, Philippines, to the exclusion of all other courts, and waive as you hereby waive, any objection to such jurisdiction or venue.

22. Non-Waiver of Rights by PayMaya

Failure, omission, or delay on the part of PayMaya to exercise its right or remedies under these Terms and Conditions shall not operate as a waiver. Any such waiver shall be valid only when reduced in writing and delivered to the Account Holder.

23. 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.

24. Amendments

PayMaya may at any time and for whatever reason it may deem proper, amend, revise or modify these Terms and Conditions immediately upon notice. Account Holder agrees that for purposes of this Terms and Conditions, publication of the revised Terms and Conditions in PayMaya’s website shall be considered as sufficient notice. It is the Account Holder’s responsibility to regularly check any changes to these Terms and Conditions at www.paymaya.com/terms-and-conditions/. The Account Holder’s continued use of the PayMaya service after any such changes constitutes acceptance of the new Terms and Conditions. Failure to notify PayMaya of Account Holder’s intention to terminate his/her account shall be construed as acceptance by the Account Holder of the amendments to these Terms and Conditions.

25. AGREEMENT

The Account Holder agrees to be bound by the Terms and Conditions, Terms of Service and the Privacy Policy governing the issuance and use of the PayMaya service. Should the Account Holder disagree with the Terms and Conditions, Terms of Service and the Privacy Policy, the Account Holder shall cut the PayMaya Card (if applicable) in half or delete the PayMaya Application from his/her device (if applicable), and follow the instructions for his/her Account cancellation to the PayMaya service Hotline, or other PayMaya customer service platforms indicated below. Otherwise, the Account Holder shall continue to be liable for all charges incurred through the use of the PayMaya service.

26. NOTICES

All notice requirements shall be as stated in these terms and conditions. If PayMaya is required to send notice to you, it shall do so through available channels including but not limited to, In-App notifications, SMS, email, or registered mail which shall be sent to your registered address. Publication in PayMaya’s website shall also be sufficient notice, as may be required by this Agreement.

27. Customer Service

At PayMaya, we consider our customer's financial questions, needs and feedback as very important. If you have any concerns about a procedure or have encountered a problem with our service, we will do our best to address it within 10 days. Should your concern require more time to be resolved, we will update you every step of the way.

You may contact our Customer Service number and social media network:

Channel Details
PayMaya App Customers - Hotline PayMaya Customer Service No.: (632)8845-7788; OR
Domestic Toll-Free Landline: 1-800-108457788
Smart Padala/ Negosyo Customers - Hotline Toll free via SMART SIM: 15177;
PayMaya Customer Service No.: (02) 8845-7777; OR
Domestic Toll-Free Landline: 1-800-1888564
Email support@paymaya.com
PayMayaCares Official Facebook Page
(with the “Verified” check mark to indicate validity/ authenticity)
www.facebook.com/PayMayaCares/
PayMaya Official Twitter Account
(with the “Verified” check mark to indicate validity/ authenticity)
@PayMayaOfficial
PayMaya Support Web Page www.paymaya.com/support


You have our assurance that we will handle your concerns, feedback and information with utmost confidentiality and will strive to resolve them as soon as possible. PayMaya will handle the information we receive as construed in Section 20 Data Privacy Statement.

PayMaya Philippines Inc. is regulated by the Bangko Sentral ng Pilipinas.
www.bsp.gov.ph

28. Corporate Governance

PayMaya’s business activities are regulated by its own internal business rules and Corporate Governance policies which are compliant with applicable anti-corruption laws. PayMaya’s policies and internal controls are designed to prevent bribery from occurring, avoid appearance of wrongdoing and enable PayMaya personnel to respond promptly and effectively to any inquiries about its conduct. In case of any violation of the Corporate Governance policies by PayMaya, its Stockholders, Directors, officers, employees or agents, any party may report the same to PayMaya’s Corporate Governance Office, by sending an e-mail to goodgovernance@paymaya.com or by calling +632 8424-1803, from 9am to 6pm, Philippine Time, Mondays through Fridays, except holidays.

Annex A

Table of Fees and Charges

A. PayMaya

a. The Account Holder shall pay card replacement fees, as indicated in PayMaya’s shop and as sold by PayMaya’s accredited retailers, excluding shipping costs

b. Monthly dormancy fee of 1% of the current balance,at a maximum of PhP 30.00, in such amounts as may be fixed by PayMaya Philippines, Inc. to entitle the Account Holder to the use of the PayMaya service and the privileges that come with it.

c. Transaction fees. These table of fees and charges is subject to changes upon the sole discretion of PayMaya and in accordance with the law, rules and regulations.

Advisories and/or announcements as to changes in fees and charges may be given through any of the different channels available to PayMaya, as provided for in Section 25.

SEND MONEY

TRANSACTION CHARGES AND FEES
Send Money
PayMaya to PayMaya
Free
Send Money
PayMaya to Smart Padala (v.v)
1.5%
(Sender pays)
Bank transfer via the PayMaya app (via Instapay) PHP 10.00
Send to bank account via ATM ( IBFT via ATM) Php 15.00*
*Effective August 1, 2020

 

ADD MONEY

TRANSACTION CHARGES AND FEES

Add Money via over the Counter (OTC) Channels

(Add Money Channel is not mentioned below will remain free of charge until further notice.)

Convenience Stores

  • 7- Eleven (Convenience fee will be paid upon add money)
  • Ministop (Waived fees until further notice)

Self-service Kiosks

  • TouchPay
  • eTap
  • Pay & Go

    Mall / Supermarket / Department Stores

    • Robinsons Department Store Business Centers
    • SM Store Business Centers
    • Gaisano Capital

Remittance

  • Tambunting
  • RD Pawnshop
  • Palawan Express
  • Pera Hub

Other Partners

  • LBC Express
  • ECPay
  • Bayad Center
  • Pos!ble
  • Digipay
  • iBayad
  • Smart Stores
1%*
*Effective October 1, 2020.
Fee shall only apply once you have exceeded Php 10,000 Add Money threshold within the month.
Add Money via Smart Padala Centers

A service fee worth Php 15.00 will be changed for Add Money transactions up to Php 1,000.00.

Additional Php 7.50 will be charged for every additional amount up to Php 500.00.

Add Money via Bank - BDO Over-the-Counter Free until further notice
Add Money via Bank Account Free until further notice
Add Money via Instapay / PESONet Fees vary depending on sending bank / financial institution
Add Money via Debit / Credit Card Php 200.00* 
*Effective January 13, 2021

 

ATM WITHDRAWAL AND BALANCE INQUIRY

TRANSACTION CHARGES AND FEES
ATM Withdrawal
Bancnet
Fees will depend on the bank ATM
ATM Withdrawal
Landbank
Fees will depend on the bank ATM
ATM Withdrawal
International
USD 2.00 - USD 5.00*
*Additional fees may apply depending on the bank ATM
ATM Balance Inquiry
Bancnet / Landbank
Fees will depend on the bank ATM

 

BILLS PAYMENT

TRANSACTION CHARGES AND FEES
Bills Payment Php 0.00 - Php 20.00*
*Varies per biller. Exact biller fee is shown and applied during transaction confirmation

 

MAINTAINING BALANCE

TRANSACTION CHARGES AND FEES
Maintaining Balance No Fees