These T&Cs shall be effective and binding upon your conformity to it and will continue up to the time that it is terminated by either you or us except for those provisions that will remain effective after termination as stated in these T&Cs, or as provided by applicable laws, rules or regulations. These T&Cs may be modified at any time without prior notice. Any change to the T&Cs will be published in the PayLoro website with an indicated date of effectivity.
Under these T&Cs, the terms “PayLoro,” “we,” “us,” and “our” refer to eMandarin Ventures Inc. together with its employees, directors, affiliates, successor and assigns. PayLoro is duly registered with and licensed by the Bangko Sentral ng Pilipinas (BSP).
Definitions appearing in these T&Cs shall have the meanings ascribed to them below.
“PayLoro” shall refer to a form of electronic money which allows customers who registered to PayLoro Service/s to easily and conveniently send and receive cash, and make electronic money payments.
“PayLoro Accredited Merchant” shall refer to the establishment that accepts PayLoro as payment alternative for purchase of goods and services.
“PayLoro App” shall refer to the PayLoro Service/s accessible through various devices.
“PayLoro Customer” shall refer to an individual or entity who registers for PayLoro Service/s.
“PayLoro Partner Outlet” shall refer to an establishment that accepts PayLoro Cash-in and Cash-out transactions.
“PayLoro Wallet” shall refer to e-money instrument that stores local currency or Philippine Peso (PhP) which flows in the PayLoro system that is linked to the PayLoro Customer’s account.
“Biller” shall refer to utility and related companies accepting bills payment using PayLoro.
“Cash-In” shall refer to the process of exchanging physical cash to PayLoro.
“Cash-Out” shall refer to the process of exchanging PayLoro to physical cash.
“Know Your Customer” or “KYC” or “Customer Verification” shall refer to the process of establishing the identity of the PayLoro Customer as required by relevant laws, rules and regulations.
“Mobile Personal Identification Number” or “MPIN” shall refer to the four-digit security personal identification number of, and nominated by, the PayLoro Customer that is used for all PayLoro transactions.
“Short Message Service” or “SMS” shall mean a communications protocol allowing the interchange of short text messages between mobile telephone devices.
“Unstructured Supplementary Service Data” or “USSD” shall mean the protocol used by telecommunications companies to communicate with the PayLoro’s computers.
III. BASIC PROVISIONS
1. Individuals accessing and using PayLoro Service/s should at least be 13 years old. If you are less than 13 years old, parental consent will be required of you.
2. If you are a business entity, you represent that you are duly authorized to do business and your employees, officers, representative and other agents accessing or using the PayLoro Service/s are duly authorized to access and use the PayLoro Service/s.
3. Use and continued use of the PayLoro service/s shall be subject to PayLoro Customer’s adherence to the T&Cs and any of its future modifications.
1. The PayLoro Wallet that is associated with your mobile number can be accessed upon successful registration. As you register, you will be requested to provide information such as your complete name, present and/or permanent address, date of birth, nationality, source of funds, photo of yourself (and your parent or guardian, when applicable), and your signature (and that of your parent or guardian, when applicable) in compliance with the KYC requirements of the BSP. We may also ask you to provide additional details or information that can aid in verifying your identity. We may verify your registration information through a third-party verification service provider, as we may deem necessary. A PayLoro Customer can have multiple PayLoro Wallets registered in his/her name, subject to the imposed transaction limits.
3. You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. In addition, supplementary information may be required from your end in order to qualify you for certain promotional PayLoro Service/s.
V. PAYLORO WALLET
The PayLoro Wallet is a reloadable e-money instrument. It is not a deposit account and as such is not covered by the Philippine Deposit Insurance Corporation (PDIC). It does not earn interest. However, it is subject to the rules and regulations of the BSP, the Anti-Money Laundering Act (AMLA), as amended and the Data Privacy Act of 2012. The value loaded in your PayLoro Wallet may be used to purchase goods and services via quick-response or “QR” code scan payment method through the PayLoro App.
VI. CASH-IN AND CASH-OUT
You may Cash-In Philippine Peso value into your PayLoro Wallet either through (a) Mobile Banking Service or “MBS” which means that you transfer Philippine Peso amount from your nominated bank account into your PayLoro Wallet using the PayLoro App, or (b) PayLoro Partner Outlet where you may personally hand over Philippine Peso cash (bills/coins) to for the amount to be credited to your PayLoro Wallet, or (c) Phone-to-Phone or “P2P” transfer which means you can transfer Philippine Peso value from your PayLoro Wallet to another PayLoro Wallet.
VII. REMOTE PURCHASES
Your PayLoro Wallet enables you to make online purchases. The PayLoro Customer is expected to exercise utmost diligence by transacting only with reputable web merchants, such as PayLoro Accredited Merchants. By agreeing to the T&Cs, the PayLoro Customer understands that PayLoro shall not be held liable and accountable for any unauthorized transaction utilizing the PayLoro Service/s. An authorized transaction binds the PayLoro Customer with the merchant’s terms of sale such as but not limited to on how you will receive the goods and/or services that you purchased, as well as dispute settlements. PayLoro is not liable and accountable for any undelivered goods and/or services, defects, damages and after-sales services for such goods and/or services.
VIII. BILLS PAYMENT
The PayLoro App comes with a “Bills Payment” menu in the PayLoro App. PAYLORO shall be affiliating with Billers to accept payments through such facility. Confirmation through the use of the MPIN shall be sufficient evidence that you have authorized the payment to the Biller. The “Transaction Reference No.” in the SMS confirmation shall be your proof of payment to the Biller. Payment of bills does not require a printed receipt from the Biller as proof of the transaction.
IX. TRANSACTION LIMITS
PayLoro Wallet and other applicable transaction balance limits may be assigned and/or later modified by PayLoro pursuant to applicable laws, rules and regulations and subject to prior notification to PayLoro Customers as published in the PayLoro website. Limits are applied not on a per PayLoro Wallet basis but on a per PayLoro Customer basis. If a PayLoro customer has multiple PayLoro Wallets under his/her name, limits shall be shared across all the PayLoro Wallets linked to the PayLoro Customer’s account.
X. MODIFICATION OF PAYLORO WALLET FEATURES
The functionalities and features of the PayLoro Wallet may be subject to modification with prior notice to the PayLoro Customer. At its option, PayLoro may suspend or terminate a PayLoro Customer’s privilege to use a particular feature, whenever it deems appropriate and necessary, particularly, but not limited to occasions when there are fraudulent transactions. Reactivation of such feature shall be upon request of the PayLoro Customer but subject to the approval of PayLoro and after payment of a reactivation charge.
XI. REWARDS PROGRAM
PayLoro shall have the option to run a rewards program for loyal and qualified PayLoro Customers. The PayLoro Customer’s right and obligations in the rewards program shall be covered by separate terms and conditions.
XII. FEES AND CHARGES
PayLoro Customer agrees to pay all fees and charges related to his/her PayLoro Wallet and its use as imposed by PayLoro. The schedule of fees and charges may be viewed in the PayLoro website. The fees and charges shall be inclusive of all applicable Philippine taxes and shall be debited from the PayLoro Customer’s PayLoro Wallet. A dormancy fee shall be charged for an inactive PayLoro Wallet.
PayLoro Wallets that remain inactive for six months and with negative balances shall be automatically closed. Reactivation of the PayLoro Wallet shall be upon request of the PayLoro Customer but subject to the approval of PayLoro and after payment of a reactivation charge.
XIII. DISPUTED TRANSACTIONS
Disputed transactions must be reported to PayLoro through the appropriate means or channel available in the PayLoro App. If no dispute is reported within the prescribed period, all transactions are considered valid and correct. The details in the SMS confirmation message after every transaction or other transaction history statement are presumed valid and correct unless PayLoro Customer makes the appropriate dispute notification. Disputed transactions shall only be credited back to PayLoro Customers’ PayLoro Wallet once the dispute has been properly processed, investigated, and proven to be in favor of the PayLoro Customer. Erroneous transactions are not disputable.
XIV. PAYLORO WALLET SECURITY
The PayLoro Customer shall be responsible for the security of his/her PayLoro Wallet, the mobile number registered with PayLoro and his/her MPIN. All transactions made using the PayLoro Wallet are conclusively presumed made by the PayLoro Customer and the PayLoro Customer shall be liable therefore. The security and proper care of the PayLoro registered mobile number, as well as the confidentiality of the MPIN shall be the PayLoro Customer’s sole responsibility.
In case of loss of the PayLoro registered mobile number, the PayLoro Customer shall immediately inform PayLoro of such event through the appropriate means or channel available in the PayLoro App. Suspension of the PayLoro Wallet shall be processed only upon proper confirmation.
XV. SUSPENSION OR BLOCKING OF PAYLORO WALLET
PayLoro shall have the right to automatically suspend or block the PayLoro Wallet in the event that PayLoro has reason to believe that the PayLoro Customer’s PayLoro Wallet may be used for fraudulent or suspicious transactions or by an unauthorized person. PayLoro may, but shall not have, the obligation to inform the PayLoro Customer prior to suspending or blocking the PayLoro Wallet for such reason.
PayLoro makes no warranty, express or implied, regarding the PayLoro Service/s. The PayLoro Service/s is offered on an “AS IS” basis without any warranty, other than warranties that are incapable of exclusion, waiver or limitation applicable to this T&Cs pursuant to applicable laws, rules and regulations. Without limiting the generality of the foregoing, PayLoro makes no warranty: (1) as to the content, quality or accuracy of data or information provided by PayLoro hereunder or received or transmitted using the PayLoro Service/s; (2) as to any service or product obtained using the PayLoro Service/s; (3) or that the PayLoro Service/s will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.
PAYLORO shall not be liable for any loss, cost, compensation, damage or liability to you or any third party arising from, directly or indirectly, or as a result of, any or all of the following:
1. refusal of PayLoro, any intermediary, bank, financial institution, or merchant establishment and the like to allow, accept or honor PayLoro even with sufficient balance;
2. PayLoro is honored by any intermediary, bank, financial institution, or merchant establishment but the payment transaction is not authorized, for any reason whatsoever, even with sufficient balance;
3. Suspension or blocking of use of PayLoro Wallet in case of suspected use thereof for any fraudulent or suspicious transaction;
4. PayLoro Customer is unable to perform or complete any transaction through the use of the enabled mobile phone due to service unavailability or interruption attributable to the telecommunications provider;
5. any defective product or service acquired using the PayLoro Service/s;
6. any delay, interruption or termination of the PayLoro transaction whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond PayLoro’s control including but not limited to acts of God, strike, labor dispute, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation;
7. theft or unauthorized use of PayLoro Wallet or any loss, costs, damages or payable to any third party by the PayLoro Customer;
8. any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees or PayLoro agents.
XVII. LIMITATION OF LIABILITY
In the event of any action that the PayLoro Customer may file against PayLoro, the PayLoro Customer agrees that PayLoro’s liability shall not exceed Philippine Pesos: One Thousand (PhP1,000.00) or the amount of the damages actually suffered by the PayLoro Customer, whichever is lower.
XVIII. DATA PRIVACY
a. Data Collection
PayLoro shall keep all PayLoro Customer files in strictest confidence. By providing his/her information for the purpose of availing a PayLoro Wallet, PayLoro Customer expressly consents to the processing of his/her supplied customer data, as may be applicable. Customer Data are either Personal Information or Non-Personal Information:
1. Personal Information is any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual. It also includes, but is not limited to, data that would help PayLoro verify [i] PayLoro Customer’s identity such as such as name, gender, date of birth, address, landline/mobile number, email address, proof of identification, source of income, employment, and other data points whenever applicable; [ii] the location of PayLoro Customer’s device whether desktop, laptop, or mobile whenever PayLoro Customer makes access to the PayLoro App or the PayLoro website; and [iii] the navigation experience when accessing the PayLoro App and the PayLoro website to see activities done in the channels, the pages visited, and the sequence thereof.
2. Non-Personal Information is any information that does not identify PayLoro Customer individually, and includes transactional, statistical, and analytical data, and anonymous and aggregate reports.
PayLoro shall also request PayLoro Customer to update his/her Personal Information from time to time. Should PayLoro Customer be unable to supply PayLoro with the required update, PayLoro may restrict PayLoro Customer’s use and access to the PayLoro Wallet or related offerings, events, promotions or other activities.
b. Use of Customer Data
Without limiting the generality of the foregoing, PayLoro Customer consents and authorizes PayLoro to store, process, disclose, exchange, and release the said information to its associates, affiliates, subsidiaries, officers, employees and agents, credit bureaus or any such persons as PayLoro deems necessary, or as required by laws, rules or regulations, including but not limited to [i] providing PayLoro Customer with his/her chosen PayLoro products and services, including customer support; [ii] enhancing PayLoro Customer experience and improve, develop and determine tailored products to meet PayLoro Customer preferences and needs; [iii] communicating relevant products, services and/or advisories to PayLoro Customer; [iv] providing PayLoro Customer with relevant advertisements and measure the effectiveness and reach thereof; [v] abide by any safety, security, public service or legal requirements and processes; and [vi] processing information for statistical, analytical, and research purposes. PayLoro uses Personal Information to the extent necessary to comply with the requirements of relevant laws, rules and regulations as well as legal processes, to comply with legal obligations, or to prevent imminent harm to public security, safety or order. PayLoro uses Non-Personal Information for statistical, analytical, and research purposes to create anonymous and aggregate reports. PayLoro Customer’s consent is secured before PayLoro uses or processes PayLoro Customer’s data for any other purpose.
XIX. DATA SHARING
You hereby consent to and authorize PayLoro, and/or third party partners contracted by PayLoro for the purpose of conducting its operations, including but not limited to fraud and risk management, sales and marketing activities, communications relating to their products and/or services, product and system development and innovation, customer experience management and improvement, and market research, to collect and process any and all information related thereto from whatever relevant source.
You hereby consent to and authorize the release by PayLoro and all PayLoro’s third party partners, of any and all information required by PayLoro and/or its third party partners such as, but not limited to, the following [i] voice calling data records; [ii] SMS sending and receiving records; [iii] data usage records; [iv] promo subscription and redemption records; [v] relationship management records; [vi] pre-paid load balance, top up and usage records; and [vii] credit information.
PayLoro Customer agrees to share his/her PayLoro information details, including but not limited to: complete name, gender, marital status, address (permanent and present), date and place of birth, nationality, contact details, nature of work, identification card details, and occupation or source of funds, to PayLoro’s remittance partners for purposes of service fulfillment and local and international anti-money laundering compliance requirements.
The foregoing consents and authorizations shall continue for the duration of, and shall survive the termination of, this T&C, or any other transactions, dealings, arrangements and accounts which PayLoro Customer may have with, or avail from, PayLoro.
XX. GOVERNING LAW AND VENUE OF LITIGATION
These T&Cs shall be construed and governed in accordance with the laws of the Philippines. In case of dispute, venue thereof shall be exclusively in the proper courts of Makati City.
XXI. NON-WAIVER OF RIGHTS
The failure, omission, or delay on the part of PayLoro to exercise its rights or remedies under these T&Cs shall not operate as a waiver on its part to such rights or remedies, or affect the validity of these T&Cs or any part thereof .
XXII. SEPARABILITY CLAUSE
Should any term or condition in these T&Cs be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions hereof shall not be affected or impaired thereby.
The PayLoro Customer agrees to be bound by these T&Cs governing the issuance and use of the PayLoro Wallet upon the PayLoro Customer downloading, activating or using the PayLoro App. Should the PayLoro Customer later disagree with these T&Cs, the PayLoro Customer shall provide the appropriate notice of cancellation to PayLoro.
XXIV. CUSTOMER COMPLAINTS
PayLoro is committed to maintaining the highest standards of financial consumer protection. Your requests, feedback and needs are a priority. If you have any concern about a procedure or have encountered a problem with our service, you may contact us through our PayLoro Website and we will be more than glad to assist you. PayLoro maintains full cooperation with the BSP in Financial Consumer Protection. You may coordinate with BSP’s Financial Consumer Protection Department at (632) 8708.7087 or (632) 8708.7088). You may also email BSP at email@example.com.