- GENERAL INFORMATION
Useries Online Payment Gateway (the “System”) is owned and operated by UNIONBANK OF THE PHILIPPINES (the “Company”, “us”, “we”), a universal banking corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with office address at Unionbank Plaza Meralco Avenue, Ortigas Center, Pasig City.
- TERMS AND CONDITIONS
- CHANGES TO TERMS
You undertake to periodically visit these Terms for updates. You agree to be bound by these Terms and its subsequent updates, revisions or modifications. Company reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to the System. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Services or email.
- DEFINITION OF TERMS
- Related Parties ("Related Parties") refer to subsidiaries, affiliates, related parties, and their respective directors, shareholders, officers, employees, consultants, agents and assignees.
- Transaction (“Transaction”) refers to information related to the purchase of goods and services from a merchant by a user. Transaction shall likewise refer to the authorization, delayed capture, sale or credit data transmission between the Company and the user.
- You (“you,” “your,” or the “Owner”) refers to an entity that uses the System in connection with its Services; and
- ACCEPTABLE USE POLICY
- The Services, as well as all the copyright, trademark, patents, and other intellectual properties in the Software and any documentation, and any portion thereof, complete or incomplete remain to be the sole property of the Company and/or its licensors. Without the express written consent of the Company, you shall not cause the System, the Services, its software and its documentation to be copied, reproduced, translated, exhibited, transmitted, transferred, assigned, marketed, licensed, leased, or sold in any manner or in any form.
- You may not modify, reverse engineer, translate, decompile, or disassemble the System or the Services or any of its parts, derivatives, and forms.
- You agree to be bound by the following acceptable use policies:
- To violate any law, regulation, or issuance by any competent legal authority;
- To facilitate the sale of any object that is outside the commerce of man;
- To facilitate transactions involving illegal drugs, drug paraphernalia and other controlled substances in accordance with applicable law;
- To facilitate transactions involving the sale of products which endanger the safety, health, and well-being of individuals;
- To facilitate transactions that encourage or incentivize illegal activities;
- To facilitate transactions involving stolen, smuggled, or otherwise illegally acquired goods and/or services;
- To facilitate transactions involving firearms, explosives, ammunition and any other weapon or accessories of the aforementioned items that are prohibited under applicable law;
- To facilitate the infringement of any intellectual property right;
- To facilitate Cybercrimes as defined in R.A. 10175 and other applicable laws;
- To facilitate Child-Pornography as defined in R.A. 9775 and other applicable laws;
- To facilitate prostitution and other sexually-oriented services;
- To facilitate transactions relating to pornography;
- To facilitate Money-Laundering as defined in R.A. 9160;
- To facilitate a “get rich quick” schemes, pyramid schemes, or Ponzi schemes;
- To facilitate bribery or corruption of public officers;
- To facilitate any form of ethical, legal, or illegal hacking; and
- To facilitate any form of larceny, theft, robbery, or embezzlement.
If you have any doubts as to the compliance of any transaction you wish to conduct using any of our Services you may contact us at ___________________. We strongly advise you to report any and all violations even perceived violations of this Acceptable Use Policy to Company at the soonest possible time. To report a violation please contact us at ________________.
- GENERAL PROVISIONS
- When performing a Transaction on the System, you are required to provide certain information including your full name, address, phone number, and email address.
- By accessing the System, you unconditionally warrant that you have the capacity to enter into valid contracts under Philippine law.
- The System follows the industry standard, Secure Sockets Layer protocol (“SSL”) for the transfer of data over the internet. When transacting online, a “key lock” icon will appear in the border area of your browser window. The presence of this icon is Your confirmation that SSL has been activated for the transfer of your data. A second indication of SSL activation is that the displayed URL will begin with https. YOU WARRANT AND UNDERTAKE THAT YOU SHALL DISCONTINUE USE OR ACCESS OF THE SERVICES SHOULD THE INDICIA OF SSL ACTIVATION BE ABSENT.
- You shall be solely responsible for the accuracy and correctness of the data you input on the System while using the same and when conducting a Transaction. Any data you input shall be assumed to be correct and accurate.
- ACCEPTABLE PAYMENT METHODS
- The System allows You to perform payment transactions through the following methods:
- Over-the-counter payments through Dragonpay. You may deposit through accredited banks or non-banking financial institutions duly licensed by the Bangko Sentral ng Pilipinas.
- Credit cards (Visa and Mastercard), and payments. The Transactions shall be reflected in your billing statement at the time of purchase or shortly thereafter.
- You warrant that all encoded information related to your credit card are correct and accurate. If your transaction is not accepted online and you are unable to use your card for that transaction, we advise you to contact your card issuer for assistance or use another credit card.
- To stop recurring credit card payments, please contact your card issuer.
- LIMITION OF ACCESS AND SITE BANNING
- ASSUMPTION OF RISK
- You accept the risks associated with the use of an online service such as, but not limited to:
- Failure of software;
- Hacking of servers;
- Failure or interruption of internet connection;
- The introduction of malicious software;
- Failure of communication; and
- Service disruptions.
To mitigate these risks the Company will exert reasonable efforts to secure its system and to verify the accuracy of the information on its Services.
- DATA PRIVACY
By agreeing below, the Customer(s)authorize(s) and consent(s) to the processing, sharing and/or transferring by UNIONBANK (the “Bank”) of his/her/their Personal Data as this term is defined under the Data Privacy Act and its Implementing Rules and Regulations ("DPA IRR") and all other issuances of the National Privacy Commission (NPC), or otherwise, relating to his/her/their account(s) to any of the following for any of the specified purposes which in all cases are in compliance with or pursuant to the Bank's legal or contractual obligations:
- Government regulatory agencies, credit information/investigation companies, financial institutions, credit bureaus, other banks, credit card companies, loyalty program partners, consumer reporting or reference agencies such as Credit Card Association of the Philippines, Bankers Association of the Philippines, Credit Information Corp., and the Trans Union Credit Bureau for the purpose of credit investigation, consumer reporting, or for reports of his/her/their credit history and account updates;
- Third persons, correspondent banks, service providers and entities as the Bank deems necessary, to enable the Bank to service his/her/their account/s and to provide all the existing features of his/her/their account/s, the Bank products, services, facilities and channels, and any future enhancements thereto or to assist the Bank in the processing of his/her/their data, including its collection, recording, organization, storage, management, protection, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction;
- Third parties engaged by the Bank or by its subsidiaries or affiliates for the purpose of direct/indirect marketing to offer selected products and services which may interest the Customer(s) unless specifically instructed otherwise in writing or
- Insurers, insurance brokers, or providers of deposit or credit protection or protection against all kinds of risks;
- Regulatory authorities when such other persons or entities the Bank may deem as having authority or right to such disclosure of information as in the case of regulatory agencies, governmental or otherwise, which have required such disclosure from the Bank and when the circumstance so warrant.
The Customer(s) understand/s that Personal information refers to any information, whether recorded in a material form or not, from which his/her/their identity is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify the Customer(s). Customers agree that they are fully aware that the Bank collects his/her/their personal information from any of the following sources: 1) Personal Information Sheet or other form duly accomplished by Customer(s) as requested by the Bank; 2) information collected about Customer(s) when he/she/they contact/s the Bank or the Bank contacts the Customer(s) through the hotline, via email, mobile applications or services, online platforms and otherwise; and) information collected about the Customer(s) from other commercially available sources or recorded communication.
Customer/s authorize/s the Bank and/or its authorized representative to, when deemed necessary or relevant by the Bank, (a) pursuant to BSP Circular No. 472 Series of 2005 as implemented by BIR Revenue Regulations RR-4-2005, conduct random verification with the Bureau of Internal Revenue in order to establish authenticity of the Income Tax Returns (ITR), accompanying financial statements and such other documents/information/data submitted by the Customer(s), and/or (b) obtain or disclose such information regarding the Customer(s) or the loan/credit facilities applied for hereunder to any party as the Bank may deem necessary or as may be required or allowed by applicable laws, rules and regulations.
Customer/s authorize/s 1) the regular submission and disclosure of his/her/their basic credit data (as defined under Republic Act No. 9510 and its Implementing Rules and Regulations) to the Credit Information Corporation (CIC) as well as any updates or corrections thereof for purposes of including said basic credit data in a centralized credit information system as mandated by law; and 2) the sharing of his/her/their basic credit data with Accessing Entities as defined in Republic Act No. 9510 and its Implementing Rules and Regulations authorized by the CIC, and credit reporting agencies duly accredited by the CIC.
Customer/s agree/s that his/her/their authorization and consent as provided herein has been executed freely, voluntarily and with full knowledge of its consequences. It is intended to be the consent and/or permission required under the Data Privacy Act of 2012, its Implementing Rules and Regulations (DPA IRR,) and other issuances as mandated by the National Privacy Commission (NPC), RA 1405 or the Bank Secrecy Law and all other relevant laws for the purposes specified above. It is valid as an agreement signed and consented by the Customer/s and shall have continued effect throughout the duration of Customer/s relationship with the Bank and/or existence of my account(s), and/or until the expiration of the retention limit set by laws and regulations, and/or the period set until the destruction or disposal of records as mandated by relevant laws, unless Customer/s withdraw/s such authorization and consent in writing. Customer/s agree to render the Bank, its officers, employees and representatives free and harmless from any and all liabilities arising from the above use and disclosure of his/her/their information.
Customer/s certify/ies that the information he/she has/have provided in the Personal Information Sheet (PIS) or other form or document as required by the Bank is true, correct and complete and he/she agree/s to immediately and/or periodically update the same should there be any change, mistake or inaccuracy thereon. Customer/s fully understand/s that said information may be used by the Bank to provide the service, product or facility the Customer has applied for or agreed to obtain from the Bank. Customer/s understand/s that the contact information provided shall be used for all correspondences between Customer and the Bank unless Customer/s notify and promptly advise the Bank in writing of any change on said contact and other personal information.
Customer/s allow/s the Bank to keep his/her/their personal information only for as long as it is necessary: a) for the fulfilment of the declared, specified, and legitimate purposes provided above, or when the processing relevant to the purposes has been terminated; or b) for the establishment, exercise or defense of legal claims; or c) for legitimate business purposes, which shall be in accordance with the standards of the banking industry. Customer authorize/s the Bank to dispose his/her/their personal information in a secure manner in order to prevent further processing, unauthorized access, or disclosure to any other party.
The Customer is responsible for the electronic notification received; as such, the Bank is free and harmless from any liability if the information contained in the electronic notification is, by any means, accessed by any person other than the customer.
- CUSTOMER INFORMATION UPDATE
The Bank shall be promptly notified of any change in information of the customer (e.g. change in address or contact information), otherwise, all correspondences shall be based on the information shown on the Bank's record.
The customer is required to update customer information at least once every two (2) years or whenever deemed necessary by the Bank. Changes in authorized signatory/ies are allowed only upon receipt by the Bank, of a written request from the account holder.
For corporations, associations, clubs and other organizations, the written request must be supported by a Board Resolution. The Bank will not be liable to honor signatures that differ from the customer's specimen signatures on file.
- LIMITATION OF LIABILITY
- In no event will the Company be liable to you, whether in contract, warranty, tort, or otherwise, for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including, without limitation, damages for lost revenue, profit, or business arising out of or relating to the Services.
- The Service is provided “AS IS” and with all faults, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. Company makes no warranty that the Service is free of defects or is suitable for any particular purpose. In no event shall the Company be responsible for loss or damages arising from the installation or use of the Service, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
- In any case, the Company’s total liability (whether in contract, warranty, tort, or otherwise) arising out of or relating to this Agreement shall not exceed the amounts already paid by you to the Company in the twelve (12) months preceding the filing of the complaint.
- You will fully indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, judgments, costs, awards, expenses (including reasonable attorneys’ fees) and liabilities, and damages of any kind arising out of or related to: (a) your breach or alleged breach of this Terms or any representation, warranty, and/or covenant made by you; and (b) any breach or alleged breach of any applicable laws by you or any of your representatives.
- You unconditionally undertake to defend in all kinds of proceedings, hold free and harmless, and fully indemnify the Company and the Related Parties from any and all claims, suits, actions, liabilities, losses, damages, fees, taxes, penalties, charges and expenses related to or arising from your relationship or engagement with the Company, including the use or access of the Services and these Terms and future revisions thereof.
- INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under Philippine laws, foreign laws and international treaties and/or conventions.
The Service may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted to us by third parties. You shall not reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Service are provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
We reserve all rights not expressly granted herein to the Service and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Service or the Materials therein.
The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Service, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
You further agree not to reproduce, duplicate or copy content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed in the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Our intellectual property rights to our resources in any of its forms, including the Company logo, belong to us and may not be used without our express written consent.
- NO WAIVER
- If we delay exercising or fail to exercise or enforce any right or interest available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
- FORCE MAJEURE
- We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
- In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
- ELECTRONIC COMMUNICATIONS
- Applicable laws require that some of the information or communications we send to you should be in writing. When using the Services, you agree to transact with us electronically, and that communication with us will be mainly electronic. We may contact you by e-mail or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
- We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications.
- Unless otherwise specifically indicated, all notices given by you to us must be sent to ___________________________. We may give notice to you at the email address you provide to us when you register. Notice will be deemed received and properly served immediately when posted on the Services or when an email or other electronic communication is sent including SMS to the phone number you registered in the Form. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified e-mail address of the addressee.
- DISPUTE RESOLUTION ARBITRATION
- All complaints and disputes will first be resolved swiftly and in a timely manner with procedural fairness and full confidentiality, in a mediation. All involved parties are required to participate in the mediation process in good faith. If you believe that there has been an error with your transaction, you must email us directly at firstname.lastname@example.org to be able to quickly resolve your query. Any issues will be immediately directed to the specific organization to resolve the matter. If you are not satisfied with the outcome, you can still refer it to the involved financial institution which shall obtain the details of the disputed transaction and may support the claim on your behalf.
- All disputes arising out of, relating to, or in connection with these Terms or your use of the Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and the Company are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- Arbitration will be initiated solely through the Philippine Dispute Resolution Center, Inc. (“PDRCI”).
- Notwithstanding the foregoing, the Company may choose to bring an individual action in court.
- This arbitration agreement will survive the termination of your relationship with the Company.
- EXCLUSIVE VENUE AND CHOICE OF LAW
- To the extent that the parties are permitted under these Terms to initiate litigation in a court of law, both you and The Company agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively the courts of Makati City, Philippines, to the exclusion of all other courts. You and the Company consent to the personal jurisdiction of said courts.
- These Terms shall be exclusively governed and interpreted under the laws of the Republic of the Philippines without regard to its conflict of laws provisions.
If any of these Terms is declared or found to be unenforceable, illegal, void, or otherwise ineffectual, then that provision shall be deemed removed from these Terms without affecting the validity, efficacy, and enforceability of all the other provisions.