KAYA Payment Services Terms and Conditions

This user agreement will be effective for all users as of July 2020.

Welcome to the KAYA Payment Platform!

These are the Terms and Conditions (T&C) of the contract between you and the KAYA Payment Services, your “KAYA” account, and the KAYA services, which we call our user agreement.

To use the KAYA services you need to open a KAYA account. By opening and using a KAYA account, you agree to comply with all of the T&Cs in this user agreement.

Please read carefully all of the T&Cs of this user agreement. Please also read the Privacy Policy of KAYA and Acceptable Use Policy before you use any portion of the KAYA Service. The Privacy Policy describes how your personal data is collected and processed when you use the KAYA Service. The Acceptable Use Policy defines the set of rules that you should comply with when using the KAYA App. If you do not understand or do not wish to be bound by the T&Cs or Privacy Policy, you should not access or use any portion of the KAYA Service.

By accepting the T&Cs, you represent that you are at least 18 years old. If you are younger than 18, parental consent will be required of you. If you are a juridical person, you represent that you are duly authorized to do business and your employees, officers, representative and other agents accessing or using the KAYA Services to access and use the KAYA services and to legally bind you to these T&Cs and all transactions conducted under your username and password.

We may revise this user agreement and any of the documents listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. By continuing to use our services after any changes to this user agreement take effect, you agree to be bound by those changes. If you do not agree with any changes, you may close your account before the changes take effect.

I. GENERAL TERMS AND CONDITIONS

These terms and conditions (“T&C”) govern the terms under which you may access and use the products and services of KAYA, which includes the KAYA Card, Fund Transfers and Bills Payments, its website and App (as applicable) and the services associated with it (together the “Service”). By accessing, registering or using the Service, you agree to be bound by the terms of this T&C.

Under these T&C, the terms “KAYA”, “we”, “us”, and “our” refer to the KAYA Payment Services together with its employees, directors and affiliates. KAYA Payment Services is a Filipino cooperative-owned electronic money issuer company, duly registered with the Bangko Sentral ng Pilipinas (BSP).

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

II. REGISTRATION FOR KAYA WALLET

When you accept these T&Cs, you are setting up your KAYA Wallet that is associated with your mobile number. Depending on the specific KAYA Service that you are availing, you will be asked to provide information such as your complete name, present and/or permanent address, date of birth, nationality, source of funds, photo of yourself and signature in accordance with the requirements of Know-Your-Customer (“KYC”) requirements of the BSP. We may verify your registration information through a third party verification vendor, as we may deem necessary. In some cases, we may ask you to provide additional details or information that can aid in verifying your identity.

You agree to provide all necessary information and render all reasonable assistance and cooperation that we may require in order to complete the verification. The information you provide will be used to determine if you are eligible to begin and/or continue to use your KAYA Wallet or the KAYA Service. We reserve the right to close, suspend or limit your access to your KAYA Wallet and/or KAYA Service in the event that we are unable to obtain or verify our information. All collection and use of your personal data by us is subject to the Privacy Policy of KAYA.

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, as certain KAYA Services may become available supplementary information may be required from your end in order to enable the relevant KAYA Services or avail of the KAYA Service.

The registration process may be done over the counter through the KAYA partner cooperative.

You have the option to obtain the Bancnet KAYA Card. KAYA will store all information relating to your KAYA Card, including but not limited to transaction details.

III. DEFINITIONS

Definitions appearing in these T&Cs shall have the meanings ascribed to them below:

Account Holder – refers to an individual who uses the KAYA service (“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.

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 can also cover text and data usage.

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

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

In-Store Payments – refers to face-to-face transactions by the account holder using the KAYA Card.

Loading Center — refers to any accredited center authorized by KAYA to perform the Service, such as KAYA partner cooperatives and accredited KAYA agents.

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

Message – refers to communication message sent through Phone Messaging App

Mobile Banking Service (MBS) – service that allows subscribers to access and manage their enrolled accounts using the KAYA Mobile Banking menu.

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

KAYA – refers to KAYA payment services, a payment platform registered with the Bangko Sentral ng Pilipinas.

KAYA Account – refers to an account that stores Philippine Peso (Php) value in the KAYA system which may be linked to the Account Holder’s mobile phone and which may or may not be evidenced by a physical Card.

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

KYC – “Know Your Customer” refers to the process of a business identifying and verifying the identity of its customers as required by the BSP, also known as Customer Verification. The term is also used to refer to the anti-money laundering regulations which governs these activities.

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

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

PIN – refers to a Personal Identification Number

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

Recipients – refers to a person to whom money or value is paid or credited through the KAYA’s money transfer service.

Sender/s – refers to a person who sends money using the KAYA’s money transfer service.

Short Message Services (SMS) – refers to a communications protocol allowing the interchange of short text messages between mobile telephone devices.

User’s Guide – refers to the instructions provided on the functionalities of the Service issued to Account Holders and may be amended by KAYA from time to time.

Transaction – refers to any and all acts that the Account Holder does to its KAYA Account to avail of the Services that KAYA offers.

Transaction Amount – refers to the sum of money which an Account Holder uses in order to effect the Transaction.

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

IV. GENERAL TERMS OF SERVICE

KAYA reserves the right to modify, suspend, stop or terminate any of its Service without notice, at any time and from time to time.

We may impose limits on the Transaction Amount, subject to fifteen (15) days prior notice to the Account Holders. We may do so on a per Transaction basis or on an aggregate/combined (for Account Holders with duplicate and/or multiple accounts) basis, or on a daily, weekly or monthly basis and either in respect of each service you request.

KAYA reserves the right to verify any activity that is done through the Services, especially if it involves compliance with the AMLA or with other law, rules, or regulation.

We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if: (a) KAYA is unable to verify your identity; (b) KAYA is unable to verify the identity of the Recipient; (c) You do not comply with information requests pursuant to Section 5; or (d) KAYA 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.

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

Fees and other charges shall be in accordance with the Table of Fees and Charges provided in Annex A which may be subject to changes upon discretion of KAYA and in accordance with the law, rules and regulations.

Any refunds will be credited back to the same KAYA Account used to fund the Transaction and in the Philippine Peso.

In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction.

Account holder authorizes KAYA and/or any of its Agents to disclose to third parties any and all information Account holder has provided and consent to the use and processing of such information by KAYA and or any of its agents or third parties with the transaction or any investigation in relation thereto.

V. YOUR OBLIGATIONS

You agree to abide by the obligations stated under this paragraph.

You will pay all obligations and fees that may be imposed depending on the Service that you availed. KAYA has the right to deduct from your KAYA account any and all monies that may be due and demandable by KAYA.

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.

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.

Once you confirm the Transaction or ask KAYA to proceed with the Transaction, you cannot cancel or reverse such transaction. KAYA shall proceed with crediting the account of the Recipient and once the money or fund is in the account of the Beneficiary or Recipient, KAYA cannot reverse or deduct such account without the proper court order.

VI. FEES, RATES AND OTHER CHARGES

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

All Fees are non-refundable.

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 KAYA Account or paid upfront.

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

The amount of fees and charges may be revised from time to time as KAYA may deem necessary.

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 KAYA Account for various transactions, such as but not limited to balance inquiry, loading, Account-to-Account transfer.

VII. SMS – SHORT MESSAGE SERVICES & PHONE MESSAGING APP

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 Philippine Peso in the Transaction Request, our Service Fee, and the date on which the Transaction Request was received.

The details in the Messenger notification/SMS/Text confirmation message after every transaction and/or the entries in the Statement of Transactions, for KAYA Account, are presumed true and correct unless you notify the Service KAYA Hotline 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 KAYA arising from an invalid dispute.

KAYA shall in no way be liable to Account Holder for any action/s it takes in reliance on SMS Alerts purporting to be from KAYA, but does not proceed from KAYA’s official SMS Alert number.

VIII. MONEY TRANSFER

Account Holder may send money to any mobile network in the Philippines through KAYA Agents located nationwide or through its mobile app which money may be claimed by the designated Recipient from the KAYA Agent, through the Recipient’s mobile wallet account, or where applicable, withdrawn through any ATM or POS via the Recipient’s KAYA card.

Money in the mobile wallet account of the Recipient may be used for bills payment, purchase of airtime load or purchases allowed.

IX. BILLS PAYMENT

Customers may pay bills through the following:

KAYA Agent. A KAYA Agent may be a KAYA Partner Cooperative or its accredited KAYA Agent. Bills may be paid over the counter through any KAYA Agent. Customer can present his/her billing statement or account number to the KAYA Agent, pay the amount to the KAYA Agent, wait for confirmation.

KAYA App. Account Holder may select any of the merchants stated in the KAYA App, type the account number, enter the amount, then pay. Account Holder should have sufficient balance to successfully pay the bills. KAYA reserves the right to make available the bills payment feature in its application and the merchants listed therein.

Payment of bills does not require a printed receipt from the Biller. The act of paying a biller to a biller’s KAYA Account and the keying in of the password for the purposes of authorizing a payment, or unlocking for internet transactions, or payment made through KAYA 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, KAYA shall not be held liable for non-performance of services, and aftersales services of such 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. The reference number in the SMS/Text message/Message confirmation shall be the Account Holder’s proof of payment.

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

X. SELF-LOAD AND MOBILE PAYMENTS

Loading of airtime and/or payment of goods and services to accredited Merchants using funds from KAYA shall be available.

Airtime load may also be purchased through any KAYA Agents subject to the terms and conditions herein.

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

XI. KAYA Account

The KAYA Account is a reloadable electronic wallet that stores Philippine Peso (Php), redeemable only at face value. The value loaded into the KAYA Account may be used to purchase goods and services via POS or via Online Payments for a Merchant honoring Payment Schemes. It shall earn interest at one percent per annum (1% p.a.) (subject to change) based on an Average Daily Balance of One Thousand Pesos (Php1,000.00). It is a depository account with the KAYA Partner Cooperative where the Account Holder is a member. 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.

KAYA CARD. The Account Holder has the option to get a Card by indicating such option in the application form, purchasing it from the KAYA Partner Cooperative. Card shall be delivered, when available, to his/her registered address.

To protect Account Holder from any adverse incidents, Account Holder 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;

(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) Change the PIN immediately, if it may have been seen by any other person;

(h) Not write down or keep PIN on or close to the Card;

(i) Not share, allow any other person to use the Card or PIN.

(j) 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)

(k) Be responsible in supplying the correct, updated and accurate information in order for KAYA to process the Transaction. KAYA shall solely depend on the information given by the Account Holder, any loss or damage suffered by the error, mistake or incorrect debit in the Transaction, as a result of the information given, shall be borne by the Account Holder.

KAYA shall never ask for your PIN.

All Transactions made using the Service are conclusively presumed made by the Account Holder and the Account Holder shall be responsible therefore. The Account Holder has the option to change his/her PIN/password from time to time or when he suspects the possibility of unauthorized present or future use of the account.

Payments using a KAYA Card are limited to In-store Payments only.

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

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.

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

The Card shall be for the direct use of the Account Holder and shall be held in their own name. Account Holder is prohibited to re-offer or re-sell the Card issued to them.

The Card shall not be used for anything other than what it is intended for (e.g. KAYA ID Card – for regular Card Use and identification in the workplace) and the Account Holder will bear the risk of any breach in the use of the Card.

ATM/POS USAGE. The Card may be used in any Automatic Teller Machine (ATM) or POS machine, provided that: (a) ATM or POS accepts BancNet transactions; and (b) Account Holder complies with the additional requirements of KYC and AML rules and other procedures. All ATM and POS transactions are treated as cash withdrawal transactions, hence, subject to charges as applicable to the bank or KAYA Agent who owns the ATM or POS.

LOSS OR THEFT OF KAYA CARD. In case of loss or theft of any of his/her KAYA Card/s, the Account Holder shall immediately inform KAYA through the Service Hotline of such loss or theft, via telephone or through a written report. Cancellation of the KAYA 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. The 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 KAYA 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 KAYA Card shall be transferred to the new KAYA Card.

LOADING VALUE. Account Holders may use his/her KAYA Account by loading their accounts through any KAYA partner cooperative or accredited KAYA agent. It may also accept transfer of value from another KAYA Account.

KAYA 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.

The value loaded into the KAYA Account may be withdrawn through any participating ATM or POS (as stated in paragraph above) or over the counter through KAYA partner cooperatives or accredited KAYA agents, subject to withdrawal amount limits, and fees as may be applicable. The applicable charges and fees shall be automatically deducted from the balance in the account.

TRANSFER OF VALUE. An Account Holder may transfer value from his/her KAYA Account to another KAYA Account. Once authenticated and logged-in to the KAYA App, Web Portal, or Platform, or accessed through a KAYA partner cooperative or accredited KAYA agent 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.

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/PIN is successfully keyed-in for electronic transactions; c) SMS is sent from the Account Holder’s Mobile Phone; d) when the Account Holder has successfully unlocked his/her KAYA Account for internet transactions; or e) once a user is authenticated and logged-in to the KAYA 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.

STATEMENT OF TRANSACTION. The Account Holder at any time may view his/her statement of transactions by logging-in to the KAYA Account for an applicable fee.

CHANGE OF PERSONAL INFORMATION. The Account Holder shall immediately notify KAYA 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 KAYA 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 the user, based on the KAYA verification process. Verification process may be through a Hotline security verification process.

REINSTATEMENT, CANCELLATION OF ACCOUNT

1. KAYA Account which has been suspended by KAYA may be reinstated by KAYA at its option.

2. TERMINATION OF KAYA SERVICE. Should the Account Holder: (a) fail to comply with the T&C provided herein; (b) the KAYA account contains suspicious/fraudulent activity; or (d) Account Holder dies or becomes insolvent, however evidenced, the right to use the KAYA account shall be terminated without prior notice.

3. KAYA at its exclusive option and without prior notice to the Account Holder may block, suspend, cancel and withdraw or terminate the Card issued and/or its privileges at any time for whatever reason, including but not limited to Account Holder’s failure to provide additional documents requested by KAYA, misrepresentation and fraud.

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

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

X. LIMITS ON LIABILITY

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, KAYA makes no warranty (1) as to the content, quality or accuracy of data or information provided by KAYA hereunder or received or transmitted using the KAYA service functionalities; (2) as to any service or product obtained using the Service functionalities; (3) that the Service will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.

KAYA 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:

1. Refusal of KAYA or any other bank, financial institution, ATM or Merchant and the like to allow, accept or honor the KAYA card/account, even if there is sufficient balance available.

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

3. Account Holder is unable to perform or complete any transaction thru the use of Mobile Phone or Service online payments due to service/system/line unavailability.

4. 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 KAYA’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).

5. Theft or unauthorized use of the KAYA account/card or any loss, costs, damages or payable to any third party by the Account Holder.

6. Any misrepresentation or fraud by or misconduct of any third party, such as but not limited to owners, employees or agents of partner cooperatives.

7. In the event of any unauthorized use of the Service, KAYA shall not be liable for any inconvenience or damage caused to the Account Holder or any third person. Moreover, KAYA shall not be liable for any failure by the Account Holder to avail itself of the Service for any reason whatsoever.

8. An Account Holder shall not hold KAYA liable or responsible for any loss or damage arising from possible data breach or exposure when using the card and/or Service together with their SSS, TIN, and other personal information.

XI. LIMITATION OF LIABILITY

In the event of any action that the Account Holder may file against KAYA, the Account Holder agrees that KAYA’s liability shall not exceed ONE THOUSAND PESOS (PHP1,000.00) or the amount of the damages actually suffered by the Account Holder, whichever is lower.

XII. DATA PRIVACY NOTICE

As a condition for use of the service, Account Holder permits KAYA and its subsidiaries, affiliates, and authorized subcontractors to process and/or disclose personal data, including data that may be classified as personal information and/or sensitive personal information under the Data Privacy Act of 2012, to authorized agents, subsidiaries, affiliates, partners, and other authorized third parties, in order to undertake activities that may include, among others:

Conducting analysis for purposes of research and marketing initiatives, including the creation of Account Holder’s personal profile based on his/her interests, preferences, mobility patterns from physical locations that he/she may visit, and other information that may be relevant for marketing and market research purposes;
Managing Account Holder’s account, providing customer care activities, monitoring the quality and security of the network, training the staff, and providing services in a timely and efficient manner, and ensuring fair and lawful use of the products and services provided by KAYA;
Generating statistical insights based on Account Holder’s usage and other information to assist the Government in planning for healthcare, disaster, and other similar initiatives;
Shar Account Holder’s personal data with KAYA’s business partners, authorized third-party content providers or other authorized third-party services; and
Such other processing or disclosure that may be required under law or regulations.

The Account Holder’s personal data may be obtained in many ways including through market research activities, KAYA App, Web Portal, or Platform, through an accredited Third-Party platform or channel, and from KAYA’s business partners, and third-party service providers;

The Account Holder’s personal data will be maintained in KAYA’s records throughout his/her availment of the service and for as long as necessary for the fulfillment of the purposes for which the information was obtained or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law, rules and regulations. The Account Holder is afforded certain rights in relation to his/her personal data under the Data Privacy Act, including the right to object to processing, the right to access his/her data, the right to rectification of inaccurate data, and the right to erasure or blocking of data.

In order to provide the highest quality service, we exchange anonymized and non-personally identifiable data with our business partners. Below is a list of our partners:

National Confederation of Cooperatives (NATCCO) Network
Philippine Federation of Credit Cooperatives (PFCCO) National
Association of Asian Confederation of Credit Unions (ACCU)
EC Pay
Software Group
Temenos
BancNet

XIII. GOVERNING LAW

These T&Cs shall be construed and governed in accordance with the laws of the Philippines.

XIV. VENUE OF LITIGATION

Venue of all suits shall exclusively be at Quezon City only to the exclusion of all other courts.

XV. NON-WAIVER OF RIGHTS BY KAYA

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

XVI. 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.

XVII. AMENDMENTS

KAYA may at any time and for whatever reason it may deem proper, amend, revise or modify these Terms and Conditions without further notice. It is the Account Holder’s responsibility to regularly check any changes to these T&Cs at www.NATCCO.COOP. The Account Holder’s continued use of the KAYA service after any such changes constitutes acceptance of the new Terms and Conditions. Failure to notify KAYA of Account Holder’s intention to terminate his/her account shall be construed as acceptance by the Account Holder of the amendments to these T&CS.

XVIII. AGREEMENT

The Account Holder agrees to be bound by the T&Cs, Terms of Service and the Privacy Policy governing the issuance and use of the KAYA service. Should the Account Holder disagree with the T&Cs, Terms of Service and the Privacy Policy the Account Holder shall cut the KAYA Card (if applicable) in half or delete the KAYA Application from his/her device (if applicable), and call or provide a written notice of cancellation to KAYA service Hotline indicated below, otherwise, the Account Holder shall continue to be liable for all charges incurred through the use of the KAYA service.

XIX. NOTICES

All notice requirements shall be as stated in this T&C. If KAYA is required to send notice to you, it shall do so through SMS, email, or registered mail which shall be sent to your registered address.

XX. COMPLAINTS HANDLING PROCEDURE

Our customer’s financial questions, needs and feedbacks are very important. If you have any concerns about a procedure or have encountered a problem with our service, you may contact our Customer Service number, at: (02) 89137011 to 16.

For any complaints, suggestions and /or comments on the KAYA service. You have our assurance that we will handle your concerns with utmost confidentiality and will strive to resolve them as soon as possible.

KAYA fully cooperates with the BSP in the handling of complaints.

USER REPRESENTATION AND WARRANTIES

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 KAYA and you.

2. You must be more than 18 years of age, or that you possess legal parental or guardian consent (for ages 12-17), 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.

3. 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 KAYA 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.

4. You further understand and acknowledge KAYA may have or may develop and implement additional features and tie-ups with other entities. You hereby agree to indemnify KAYA and hold KAYA harmless to the fullest extent allowed by law regarding all matters related to or arising out of your use of the Services.

5. 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 KAYA 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 termination of use of the Services and/or closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the rights which may have accrued in favor of KAYA including the rights, consents, permissions and licenses to use any and/or all User Content that you have created, uploaded, transmitted, or displayed using the Services.

ACCEPTABLE USE POLICY

YOU AND THE SERVICES

You agree not to:

1. 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 KAYA. 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.

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

3. 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. 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.

5. 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.

6. 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 KAYA 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.

7. 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.

8. 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.

9. 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.

10. 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 KAYA or others. 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 KAYA or by the owner of that content, material or information in a separate agreement.

KAYA USER CONTENT

You agree:

1. To hereby undertake the sole responsibility and hold KAYA 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 KAYA for whatever loss or damage KAYA may suffer as a consequence of your use or misuse of the Services.

2. Not to share, create, upload, transmit or display 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 KAYA to use any and/or all User Content that you create, upload, transmit, or display using the Services.

3. Not to use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment or causing damage.

4. Not to share, create, upload, transmit or display using the Services any material, information, or User Content 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.

5. Represent, warrant and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize KAYA 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 KAYA 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 KAYA 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 KAYA free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content by a third party to which KAYA made available your User Content.

6. To 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 unless otherwise agreed in writing with KAYA. You further acknowledge, agree, and admit that KAYA is not responsible for the actions of other users or any third party and hereby free KAYA and waive in its favor any or whatever right or claim you or your principal may have against KAYA relative to any User Content which you or a third party may create, upload, transmit or display using the Services.

7. 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.

8. 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 KAYA 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 KAYA deems necessary, or as required by law, rule or regulation.

THIRD PARTY CONTENT & SERVICES

1. The Service contains 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.

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.

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

RESERVED RIGHTS

We reserve, at our sole discretion but without obligation, the right to:

1. 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, and to hold KAYA 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.

2. 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, and to hold KAYA 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.

3. To enhance, improve, develop and introduce new features and functionalities to the Services at any time and without prior notice, and 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.

4. 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., and expressly, unequivocally, and voluntarily allow KAYA to request for and secure such information, and expressly, unequivocally, and voluntarily instruct such third-party providers to: (a) receive and process KAYA’s request; (b) favorably act at all times on any such request by producing the information requested; and (c) when requested by KAYA provide the latter with certified digital or printed copies of the said information.

5. 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. KAYA 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 KAYA free from any liability and/or claims for indemnification or damages that may arise therefrom.

6. To set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that KAYA reserves the right, at its sole discretion and under no obligation, 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 sixty (60) days prior to effective date of change in fees / charges /penalties.

7. To change, modify or amend these Terms without prior 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.

8. To enforce the provisions of these Terms. Non-enforcement of any of the rights of KAYA 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 KAYA 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 KAYA or any third party for any damage KAYA or said third party may sustain as a result of your use of the Services.

9. 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, 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 KAYA 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.